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Union of India - Act
----------------------
The Air Corporations Act, 1953
--------------------------------
UNION OF INDIA
India
The Air Corporations Act, 1953
================================
Act 27 of 1953
----------------
* Published on 28 May 1953
* Commenced on 28 May 1953
1. [Amended by The Air Corporations (Amendment) Act, 1962 (Act 17 of 1962) on
30 March 1962
]
2. Repealed by
[The Air Corporations (Transfer Of Undertakings And Repeal) Act, 1994 (Act 13 of 1994)
on
21 March 1994
]
The Air Corporations Act, 1953
(27 of 1953)
### 239. [28th May, 1953]
An Act
to provide for the establishment of Air Corporations, to facilitate the acquisition by the Air Corporations of undertakings belonging to certain existing air companies and generally to make further and better provisions for the operation of air transport services.
Be it enacted by Parliament as follows:--
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This Act was repealed by the Air Corporations (Transfer of Undertakings and Repeal) Act, 1994, Section 11.
Brought into force on 28.5.1953 vide Notification No. S.R.O. 968-A, published in the Gazette of India, Extraordinary, Part II, Section 3, dated 28.5.1953.
The Act has been extended to the Union territories of Goa, Daman and Diu by the Goa, Daman and Diu (Laws) Regulation, 1962 (12 of 1962) (w.e.f. 1.2.1965) (Goa is now a State see Act 18 of 1987, Section 3), to Dadra and Nagar Haveli by the Dadra and Nagar Haveli (Laws) Regulation, 1963 (6 of 1963) (w.e.f. 1.7.1965); and to Pondicherry by the Pondicherry (Laws) Regulation, 1963 (7 of 1963) (w.e.f. 1.10.1963).
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Chapter I
Preliminary
--------------------------
### 1. Short title and commencement .-
(1) This Act may be called the Air Corporations Act, 1953.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
### 2. Definitions .-
In this Act, unless the context otherwise requires,--
(i) "aircraft" means any machine which can derive support in the atmosphere from reactions of the air and includes balloons, whether fixed or free, airships, kites, gliders and flying machines;
(ii) "air transport service" means a service for the transport by air of persons, mails or any other thing, animate or inanimate, for any kind of remuneration whatsoever, whether such service consists of a single flight or a series of flights;
(iii) "associate" in relation to either of the Corporations means any subsidiary of the Corporation or any person with whom the corporation has made an agreement in accordance with clause (h) of sub-section (2) of section 7;
(iv) "Corporations" means "Indian Airlines" and "Air-India International" established under section 3, and "Corporation" means either of the Corporations;
(v) the expression "existing air companies" means the Air India Ltd., the Air Services of India Ltd., the Airways (India) Ltd., the Bharat Airways Ltd., the Deccan Airways Ltd., the Himalayan Aviation Ltd., the Indian National Airways Ltd., the Kalinga Airlines and the Air India International Ltd., and "existing air company" means any of the existing air companies;
(vi) "prescribed" means prescribed by rules made under this Act;
(vii) "regulations" means regulations made by either of the corporations under section 45;
(viii) "scheduled air transport service" means an air transport service undertaken between the same two or more places and operated according to a published time table or with flights so regular or frequent that they constitute a recognisably systematic series, each flight being open to use by members of the public;
(ix) "Tribunal" means the Tribunal constituted under section 25.
Chapter II
Constitution And Functions Of The Corporations
--------------------------------------------------------------
### 3. Incorporation of the Corporations .-
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established two Corporations to be known as "Indian Airlines" and "Air India International".
(2) Each of the Corporations aforesaid shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and hold property, and may by its name sue and be sued.
### 4. Constitution of the Corporations .-
[(1) The general superintendence, direction and management of the affairs and business of each of the Corporations shall vest in a Board of directors which may exercise all such powers and do all such acts and things as may be exercised or done by the Corporation under this Act.
(1-A) The Board of directors shall consist of a Chairman to be appointed by the Central Government, and not less than eight and not more than fourteen other directors to be appointed by the Central Government and the Chairman or any other director may be required to render whole-time or part-time service as the Central Government may direct:
Provided that¬-
(a) the same person may be appointed to be the Chairman of both the Corporations or Chairman of one and director of the other;
(b) the same persons may be appointed to be directors of both the Corporations.]
(2) Before appointing a person to be a [director]
[Substituted by Act 49 of 1971, Section 2 (w.e.f. 1.2.1972). ]
of either of the Corporations, the Central Government shall satisfy itself that 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 [director]
[Substituted by Act 49 of 1971, Section 2 (w.e.f. 1.2.1972). ]
of the Corporation and the Central Government shall also satisfy itself from time to time with respect to every [director]
[Substituted by Act 49 of 1971, Section 2 (w.e.f. 1.2.1972). ]
of the Corporation that he has no such interest; and any person who is, or whom the Central Government proposes to appoint and who has consented to be a [director]
[Substituted by Act 49 of 1971, Section 2 (w.e.f. 1.2.1972). ]
of the Corporation shall, whenever required by the Central Government so to do, furnish to it such information as the Central Government considers necessary for the performance of its duties under this sub¬-section.
(3) A [director]
[Substituted by Act 49 of 1971, Section 2 (w.e.f. 1.2.1972). ]
of either of the Corporations who is in any way directly or indirectly interested in a contract made or proposed to be made by the Corporation, or in any contract made or proposed to be made by an associate of the Corporation which is brought up for consideration by the Corporation, shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest at a meeting of the Corporation; and the disclosure shall be recorded in the minutes of the Corporation, and the [director]
[Substituted by Act 49 of 1971, Section 2 (w.e.f. 1.2.1972). ]
shall not take any part after the disclosure in any deliberation or decision of the Corporation with respect to that contract.
(4) During the temporary absence of the Chairman of either of the Corporations, the Central Government may appoint another person, whether a [director]
[Substituted by Act 49 of 1971, Section 2 (w.e.f. 1.2.1972). ]
of the Corporation or not, to act as the Chairman.
(5) Save as otherwise provided in this section, nothing contained in this Act shall be deemed to disqualify the [managing director]
[Substituted by Act 49 of 1971, Section 2 (w.e.f. 1.2.1972). ]
of either of the Corporations from being appointed to be a [director]
[Substituted by Act 49 of 1971, Section 2 (w.e.f. 1.2.1972). ]
thereof.
### 5. Conditions of service of [directors].-
(1) The Chairman and other [directors]
[Substituted by Act 49 of 1971, Section 2 (w.e.f. 1.2.1972). ]
of each of the Corporations shall ordinarily be entitled to hold office for the period specified in the order of appointment, unless the appointment is terminated earlier by the Central Government:
Provided that any [director]
[Substituted by Act 49 of 1971, Section 2 (w.e.f. 1.2.1972). ]
may at any time by notice in writing addressed to the Central Government resign his office.
(2) Subject to the previous approval of the Central Government, each of the Corporations shall pay to every director thereof in respect of his office as such, [such remuneration by way of salary, allowances]
[Substituted by Act 49 of 1971, Section 3 (w.e.f. 1.2.1972). ]
, fees or otherwise as may be determined by the Corporation, and to the Chairman in respect of his office as such, such remuneration, whether in addition to the remuneration to which he may be entitled in respect of his office as a [director]
[Substituted by Act 49 of 1971, Section 2 (w.e.f. 1.2.1972). ]
or otherwise, as it may similarly determine.
### 6. Vacancy in Corporation not to invalidate proceedings .-
No act or proceeding of either of the Corporations shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of, the Corporation.
### 7. Functions of the Corporations .-
(1) Subject to the rules, if any, made by the Central Government in this behalf, it shall be the function of each of the Corporations to provide safe, efficient, adequate, economical and properly co¬-ordinated air transport services, whether internal or international or both, and the Corporations shall so exercise their powers as to secure that the air transport services are developed to the best advantage and, in particular, so exercise those powers as to secure that the services are provided at reasonable charges.
(2) Without prejudice to the generality of the powers conferred by sub¬-section (1), each of the Corporations shall, in particular, have power¬-
(a) to operate any air transport service, or any flight by aircraft for a commercial or other purpose, and to carry out all forms of aerial work;
(b) to provide for the instruction and training in matters connected with aircraft or flight by aircraft of persons employed, or desirous of being employed, either by the Corporation or by any other person;
(c) with the previous approval of the Central Government, to promote any organisation outside India for the purpose of engaging in any activity of a kind which the Corporation has power to carry on;
(d) to acquire, hold or dispose of any property, whether movable or immovable, or any air transport undertaking;
(e) to repair, overhaul, reconstruct, assemble or recondition aircraft, vehicles or other machines and parts, accessories and instruments thereof or therefore and also to manufacture such parts, accessories and instruments, whether the aircraft, vehicles or other machines are owned by the Corporation or by any other person;
(f) to enter into and perform all such contracts as are calculated to further the efficient performance of its duties and the exercise of its powers under this Act;
(g) to perform any functions as agent or contractor in relation to an air transport service operated by any other person;
(h) with the previous approval of the Central Government, to enter into agreements with any person engaged in air transportation with a view to enabling such person to provide air transport services on behalf of or in association with the Corporation;
(i) with the previous approval of the Central Government, to determine and levy fares and freight rates and other charges for or in respect of the carriage of passengers and goods on air transport services operated by it;
(ii) [ to make such grants as it thinks fit as contribution or donation, in furtherance of the interests of the Corporation, to any fund established for a benevolent or charitable purpose:
Provided that nothing in this clause shall be construed as empowering the Corporation to make any such grant to any political party or for any political purpose to any individual or body;]
(j) to take such steps as are calculated to extend the air transport services provided by the Corporation, whether within or without India, including the development of feeder services and the improvement of the types of aircraft used in air transport services;
(k) to take such steps as are calculated to promote the interests of the Corporation or to improve the services the Corporation may provide, [including provisions of catering, hotels, restaurants, rest-rooms]
[Substituted by Act 49 of 1971, Section 4 (w.e.f. 1.2.1972). ]
, goods-sheds, ware-houses and transport by land or water in connection with any air transport service or any other amenity or facility;
(kk) to form one or more companies under the Companies Act, 1956 (
[1 of 1956
) to further the efficient performance of its duties and the exercise of its powers under this Act:
[Inserted by Act 49 of 1971, Section 4 (w.e.f. 1.2.1972). ]
Provided that the paid up share capital of every company so formed shall be held exclusively by the Corporation;]
(l) to take all such steps as may be necessary or convenient for, or may be incidental to, the exercise of any power, or the discharge of any function or duty conferred or imposed on it by this Act.
(3) Nothing contained in this section shall be construed as¬-
(a) authorising the disregard by the Corporation of any law for the time being in force, or
(b) authorising any person to institute any proceeding in respect of a duty or liability to which either of the Corporations or its employees would not otherwise be subject.
### 8. Appointment of officers and other employees of the Corporations .¬-
(1) For the purpose of enabling it efficiently to discharge its functions under this Act, each of the Corporations shall appoint a [managing director] and, subject to such rules as may be prescribed in this behalf, may also appoint such number of other officers and employees as it may think necessary:
Provided that the appointment of the [managing director]
[Substituted by Act 49 of 1971, Section 5 (w.e.f. 1.2.1972). ]
and such other categories of officers as may be specified after consultation with the Chairman in such rules shall be subject to the approval of the Central Government.
(2) Subject to the provisions of section 20, every person employed by each of the Corporations shall be subject to such conditions of service and shall be entitled to such remuneration and privileges as may be determined by regulations made by the Corporation by which he is employed.
(3) Neither the [managing director]
[Substituted by Act 49 of 1971, Section 5 (w.e.f. 1.2.1972). ]
nor such other employee of either of the Corporations as may be specified in this behalf by the Central Government shall, during his service in the Corporation, be employed in any capacity whatsoever or directly or indirectly have any interest in any air transport undertaking other than an undertaking of either of the Corporations, or in any other undertaking which is interested in any contract with either of the Corporations.
### 9. Corporations to act on business principles .-
In carrying out any of the duties vested in it by this Act, each of the Corporations shall act so far as may be on business principles.
Chapter III
Finance, Accounts And Audit
--------------------------------------------
### 10. Capital of the Corporations .-
(1) All non-recurring expenditure incurred by the Central Government for, or in connection with, each of the Corporations up to the date of establishment of that Corporation and declared to be capital expenditure by that Government, shall be treated as capital provided by the Central Government to that Corporation.
(2) The Central Government may provide any further capital that may be required by either of the Corporations for the carrying on of the business of the Corporation or for any purpose connected therewith on such terms and conditions as the Central Government may determine.
(3) Each of the Corporations may, with the consent of the Central Government, or in accordance with the terms of any general authority given to it by the Central Government¬-
(a) borrow money for all or any of the purposes of the Corporation, and
(b) secure the payment of any money borrowed by it or any interest thereon by the issue of bonds, debentures, debenture-stock or any mortgage or charge or other security on the undertaking of the Corporation or any part of it or on any of its properties.
### 11. Vesting of properties in the Corporations .-
All properties, assets and funds owned or acquired by the Central Government for the purpose of Indian Airlines or, as the case may be, Air-India International before the establishment of those Corporations shall, on such establishment, vest in the Corporation concerned.
### 12. Funds of the Corporations .-
(1) Each of the Corporations shall have its own funds and all receipts of the Corporation shall be carried thereto and all payments for the Corporation shall be made therefrom.
(2) Each of the Corporations may keep in [account] with any scheduled bank as defined in section 2 of the Reserve Bank of India Act, 1934 (
2 of 1934
), or in any other bank approved by the Central Government in this behalf a sum of money not exceeding such amount as may be prescribed, but any moneys in excess of the said 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.
### 13. Powers of the Corporations in regard to expenditure .-
Each of the Corporations shall have power, subject to the provisions of this Act, to spend such sums as it thinks fit on objects or for purposes authorised by this Act and such sum shall be treated as expenditure out of the funds of that Corporation.
### 14. Corporation to assume obligations of Central Government in respect of certain matters .-
All obligations incurred, all contracts entered into and all matters and things engaged to be done by, with, or for the Central Government for any of the purposes of this Act before the establishment of either of the Corporations shall be deemed to have been incurred, entered into or engaged to be done by, with or for Indian Airlines or, as the case may be, Air-India International according as the obligations, contracts, matters and things relate to the purposes of the former Corporation or the latter.
### 15. Accounts and audit .-
(1) The Corporations shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance sheet in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Corporations 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 Corporations 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 Corporations shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General 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 any of the offices of the Corporations.
(4) The accounts of the Corporations 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 both Houses of Parliament.
15-A. Audit of accounts of companies formed by Corporations.-
(1) Notwithstanding anything contained in the Companies Act, 1956 (
[1 of 1956
), the auditor of any company formed by either of the Corporations under clause (kk) of sub-section (2) of section 7 shall be appointed or re-appointed by the Corporation concerned on the advice of the Comptroller and Auditor-General of India.
(2) Save as otherwise provided in sub-section (1), in addition to the provisions contained in the Companies Act, 1956 (
1 of 1956
), relating to the audit of the accounts of any company, the following provisions shall apply to the audit of the accounts of any company referred to in sub-section (1) , namely:--
(i) the Comptroller and Auditor-General of India shall have power to conduct a supplementary or test audit of the company's accounts by such person or persons as he may authorise in this behalf; and for the purposes of such audit to require information to be furnished to any person or persons so authorised, on such matters, by such person or persons and in such form as the Comptroller and Auditor-General may, by general or special order, direct;
(ii) the auditor appointed or re-appointed under sub-section (1) shall submit a copy of his audit report to the Comptroller and Auditor-¬General of India who shall have the right to comment upon, or supplement, the audit report in such manner as he may think fit;
(iii) any such comments upon, or supplement to, the audit report shall be placed before the annual general meeting of the company at the same time and in the same manner as the audit report.]
Chapter IV
Acquisition Of Undertakings Of Existing Air Companies
---------------------------------------------------------------------
### 16. Undertakings of existing air companies to vest in the Corporation .-
On such date as the Central Government may, by notification in the Official Gazette, appoint (hereinafter referred to as "the appointed date"), there shall be transferred to and vest in¬-
(a) Indian Airlines, the undertakings of all the existing air companies (other than Air-India International Ltd.), and
(b) Air-India International, the undertaking of the Air-India International Ltd.
### 17. General effect of vesting of undertakings in the Corporations .-
(1) The undertaking of each of the existing air companies which is transferred to and which vests in either of the Corporations under section 16 shall, subject to the provisions of section 22, be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, including lands, works, workshops, aircraft, cash balances, reserve funds, investments and book debts and all other rights and interests arising out of such property as were immediately before the appointed date in the ownership, possession or power of the existing air company in relation to the undertaking, whether within or without India, and all books of account and documents relating thereto, and, subject to the provisions contained in section 22, shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the existing air company in relation to the undertaking.
(2) Any lands, works, aircraft, assets or other property vesting in the Corporation under sub-section (1) shall by force of such vesting be freed and discharged from all trusts, obligations, mortgages, charges, liens and other encumbrances affecting it, and any attachment, injunction or any other order of a Court restricting the use of such property in any manner shall be deemed to have been withdrawn.
(3) Subject to the other provisions contained in this Act, all contracts and working arrangements which are subsisting immediately before the appointed date and affecting any of the existing air companies shall, in so far as they relate to the undertaking of that company, cease to have effect or be enforceable against that company or any person who was surety or had guaranteed the performance thereof, and shall be of as full force and effect against or in favour of the Corporation in which the undertaking has vested by virtue of this Act and enforceable as fully and effectually as if, instead of the company, the Corporation had been named therein or had been a party thereto.
(4) Subject to the other provisions contained in this Act, any proceeding or cause of action pending or existing immediately before the appointed date by or against any of the existing air companies in relation to its undertaking may as from that date be continued and enforced by or against the Corporation in which it has vested by virtue of this Act as it might have been enforced by or against that company if this Act had not been passed, and shall cease to be enforceable by or against that company, its surety or guarantor.
### 18. Reservation of scheduled air transport services to the Corporations .¬-
(1) After the appointed date, it shall not be lawful for any person other than the Corporations or their associates to operate any scheduled air transport service from, to, in or across India:
Provided that nothing in this section shall restrict the right of any person,¬-
(a) for the purpose of any air transport undertaking of which the principal place of business is in any country outside India, to operate an air transport service in accordance with the terms of any agreement for the time being in force between the Government of India and the Government of that country; or
(b) to carry passengers for the sole purpose of instructing them in flying or on duties of aircrews; or
(c) to carry passengers or goods for the sole purpose of providing an air ambulance service or a rescue or relief service during any natural calamity; or
(d) to carry passengers or goods for the sole purpose of providing joy rides consisting of flights operated from and to the same aerodrome or place without any intermediate landing or for the purpose of aerial survey, fire fighting, crop-dusting, locust control or any other aerial work of a similar nature; [or]
(e) [ to operate, with the previous permission of the Central Government for such period and subject to such terms and conditions as that Government may determine, any scheduled air transport service as aforesaid which is not provided by either of the Corporations or their associates.]
[Inserted by Act 17 of 1962, Section 2 (w.e.f. 30.3.1962). ]
(2) Any person who operates a scheduled air transport service in contravention of the provisions of this section shall be liable in respect of each offence to a fine which may extend to one thousand rupees, or to imprisonment which may extend to three months, or to both.
Explanation.-The operation of each flight shall constitute a separate offence for the purposes of this section.
### 19. Licenses to cease to be valid .-
With effect from the appointed date, all licenses granted under the Indian Aircraft Act, 1934 (
22 of 1934
) or under the rules made thereunder for the operation of scheduled air transport services shall cease to be valid.
### 20. Provisions respecting officers and employees of existing air companies .-
(1) Every officer or other employee of an existing air company (except a director, managing agent, manager or any other person entitled to manage the whole or a substantial part of the business and affairs of the company under a special agreement) employed by that company prior to the first day of July, 1952, and still in its employment immediately before the appointed date shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in either of the Corporations by virtue of this Act, become as from the appointed date an officer or other employee, as the case may be, of the Corporation in which the undertaking has vested and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity and other matters as he would have held the same under the existing air company if its undertaking had not vested in the Corporation and shall continue to do so unless and until his employment in the Corporation is terminated or until his remuneration, terms or conditions are duly altered by the Corporation:
Provided that nothing contained in this section shall apply to any officer or other employee who has, by notice in writing given to the Corporation concerned prior to such date as may be fixed by the Central Government by notification in the Official Gazette, intimated his intention of not becoming an officer or other employee of the Corporation.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may direct either of the Corporations in which the undertaking of any existing air company has vested to take into its employment any officer or other employee who was employed by the existing air company prior to the first day of July, 1952, and who has been discharged from service in that company on or after the said date for reasons which, in the opinion of the Central Government, appear to be inadequate for the purpose, and where the Central Government issues any such direction, the provisions of sub-section (1) shall apply to such officer or other employee as they apply to any officer or other employee referred to therein.
(3) As from the appointed date the trustees of the provident funds and pension funds or pension schemes of each of the existing air companies shall transfer to the Corporation concerned the balances lying to the credit of each of the employees whose services have been transferred to that Corporation by virtue of this Act and also all other balances of the funds or schemes as shall remain after satisfying all demands and liabilities, and thereupon the trustees shall be discharged of the trusts by virtue of this Act.
(4) Notwithstanding anything contained in this Act or in the [Indian Companies Act, 1913 (7 of 1913)] or in any other law for the time being in force or in any agreement entered into by an existing air company or in the articles of association of any such company, no director, managing agent, manager or any other person entitled to manage the whole or a substantial part of the business and affairs of the company shall be entitled to any compensation against any existing air company or against either of the Corporations for the loss of office or for the premature termination of any contract of management entered into by him with any existing air company and where any existing air company has, after the first day of July, 1952, and before the commencement of this Act, paid to any such person as is referred to in this sub-section any sum by way of compensation to which the person receiving such compensation would not have been entitled if this sub-section were in force at the time of such payment, the existing air company shall be entitled to claim refund of any sum so paid.
### 21. Duty to deliver up possession of property acquired and documents relating thereto .-
(1) Where any property has vested in either of the Corporations under section 16, every person in whose possession or custody or under, whose control the property may be, shall deliver up the property to the Corporation concerned forthwith.
(2) Any person who on the appointed date has in his possession or under his control any books, documents or papers relating to any undertaking which has vested in either of the Corporations under this Act and which belong to an existing air company or would have so belonged if its undertaking had not so vested shall be liable to account for the said books, documents and papers to the Corporation in which the undertaking has vested and shall deliver them up to the Corporation or to such person as the Corporation may direct:
Provided that the Corporation shall produce for inspection by such companies or their authorised representatives the books of account and documents as relate to the affairs of the company for any period prior to the appointed date.
(3) Without prejudice to the other provisions contained in this section, it shall be lawful for the Corporation and the Central Government to take all necessary steps for securing possession of all properties which have vested in the Corporation under section 16.
### 22. Duty of existing air companies to supply particulars .-
(1) Where the undertaking of an existing air company vests in either of the Corporations under this Act, the existing air company shall, within thirty days from the appointed date or within such further time as the Corporation concerned may allow in any case, supply to the Corporation particulars of book debts and investments belonging to and all liabilities and obligations of the company subsisting immediately before the appointed date, and also of all agreements entered into by the existing air company and in force on the appointed date, including agreements, whether express or implied, relating to leave, pension, gratuity and other terms of service of any officer or other employee of the existing air company, under which by virtue of this Act the Corporations have or will or may have liabilities except such agreements as the Corporation may exclude either generally or in any particular case from the operation of this sub-section.
(2) If any existing air company fails to supply to the Corporation concerned particulars of such book debts, liabilities and agreements within the time allowed to it for the purpose under sub-section (1), nothing contained in this Act shall have effect so as to transfer any such book debts, liabilities and agreements to or to vest the same in the Corporation.
(3) Either Corporation may by notice in writing within a period of [six months] after submission of the particulars referred to in sub-section (1) intimate to the existing air company submitting the particulars that such of the book debts and investments as are specified in the notice are not included in the properties vesting in the Corporation whereupon the compensation provided by section 25 of this Act and the Schedule thereto shall be reduced by the amount of such excluded book debts and investments but the right of such existing air company to recover and retain such excluded book debts shall remain unaffected by this Act.
### 23. Right of Corporations to disclaim certain agreements .-
(1) Where it appears to either of the Corporations that the making of any such agreements as is referred to in section 22 under which the Corporation has or will have or may have liabilities was not reasonably necessary for the purposes of the activities of the existing air company or has not been entered into in good faith, the Corporation may, within [one year] from the appointed date, apply to the Tribunal for relief from such agreement, and the Tribunal, if satisfied after making such inquiry into the matter as it thinks fit that the agreement was not reasonably necessary for the purposes of the activities of the existing air company or has not been entered into in good faith, may make an order cancelling or varying the agreement on such terms as it may think fit to impose and the agreement shall thereupon have effect accordingly.
(2) All the parties to the agreement which is sought to be cancelled or varied under this section shall be made parties to the proceeding.
### 24. Transactions resulting in dissipation of assets .-
(1) This section shall apply where any existing air company has, after the first day of July, 1952, and before the appointed date,-
(a) made any payment to any person without consideration or for an inadequate consideration;
(b) sold or disposed of any of its properties or rights without consideration or for an inadequate consideration;
(c) acquired any property or rights for an excessive consideration;
(d) entered into or varied any agreement so as to require an excessive consideration to be paid or given by the company;
(e) entered into any other transaction of such an onerous nature as to cause a loss to or impose a liability on the company exceeding any benefit accruing to the company; or
(f) sold or otherwise transferred any aircraft, equipment, machinery or other property of book value exceeding rupees ten thousand, and the payment, sale, disposal, acquisition, agreement or variation thereof, or other transaction or transfer, was not reasonably necessary for the purposes of the company or was made with an unreasonable lack of prudence on the part of the company, regard being had in either case to the circumstances at the time.
(2) Either of the Corporations may, in the case of any such existing air company as is referred to in sub-section (1) the undertaking of which has vested in the Corporation under this Act, at any time within [one year] from the appointed date, apply for relief to the Tribunal in respect of any transaction to which in the opinion of the Corporation this section applies, and all parties to the transaction shall, unless the Tribunal otherwise directs, be made parties to the application.
(3) Where the Tribunal is satisfied that a transaction in respect of which an application is made is a transaction to which this section applies, then, unless the Tribunal is also satisfied that the transaction was a proper transaction made in the ordinary course of business regard being had to the circumstances at the time and was not in any way connected with any provision, made by this Act or with any anticipation of the making of any such provision, the Tribunal shall make such order against any of the parties to the application as the Tribunal thinks just having regard to the extent to which those parties were respectively responsible for the transaction or benefited from it and all the circumstances of the case.
(4) Where an application is made to the Tribunal under this section in respect of any transaction and the application is determined in favour of the Corporation, the Tribunal shall have exclusive jurisdiction to determine any claims outstanding in respect of the transaction.
### 25. Compensation to be given for compulsory acquisition of undertaking .-
(1) Where the undertaking of any of the existing air companies has vested in either of the Corporations under this Act, compensation shall be given by the Corporation to that company in the manner specified in section 27 and the amount of such compensation shall be determined in accordance with the principles specified in the Schedule to this Act.
(2) Notwithstanding that separate valuations are calculated under the principles specified in the Schedule in respect of the several matters referred to therein, the amount of compensation to be given shall be deemed to be a single compensation to be given for the undertaking as a whole.
(3) The amount of the compensation to be given in accordance with the aforesaid principles shall be determined by the Corporation and if the amount so determined is approved by the Central Government, it shall be offered to the existing air company in full satisfaction of the compensation payable under this Act, and if the amount so offered is not acceptable to the existing air company, it may within such time as may be prescribed for the purpose have the matter referred to a Tribunal constituted for this purpose by the Central Government for decision.
### 26. Constitution of special Tribunal to determine compensation .-
(1) The Tribunal to be constituted under section 25 shall consist of three members appointed by the Central Government, one of whom shall be a person who is or has been a Judge of a High Court or has been a Judge of the Supreme Court.
(2) The Tribunal may for the purpose of deciding any matter under this Act choose one or more persons possessing special knowledge of any matter relating to the case under inquiry to assist it in determining any compensation which is to be given under this Act.
(3) The Tribunal shall have the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters:¬-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents.
(4) The Tribunal shall by a majority of its number regulate its own procedure and decide any matter within its competence and may review its decision in the event of there being a mistake on the face of the record or correct any arithmetical or clerical error therein but subject thereto the decision of the Tribunal on any matter within its jurisdiction shall be final and shall not be called in question in any Court.
### 27. Mode of giving compensation .-
(1) When the amount of compensation to be given under this Act to an existing air company has been determined under section 25, the Corporation shall give to the company one or more bonds of the face value of the amount of compensation so determined less such portion thereof as is payable in cash under this section.
(2) Out of the compensation to be given to each of the existing air companies under this Act, there shall be paid in cash¬-
(a) ten per cent. of the amount of compensation payable to each of such companies (which percentage shall be uniformly applicable to all existing air companies); or
(b) the amount borrowed by any such company from any bank and outstanding on the 31st day of December, 1952, or on the appointed date, whichever amount is less; or
(c) an amount equal to the cash of any such company, including cash in deposit with a bank, which has vested in the Corporation under this Act, whichever of the amount specified in clauses (a), (b) and (c) is the greatest.
(3) The bonds aforesaid shall be issued by the Corporation with the previous approval of the Central Government and shall be negotiable and shall be redeemed at their face value by the Corporation concerned on the demand of the holder within one hundred and eighty days after the expiry of five years from the date of their issue and the redemption of the bonds and payment of all interest thereon shall be guaranteed by the Central Government.
(4) If within the expiry of the said period of one hundred and eighty days, the holder of any bond fails to require payment of its face value from the Corporation concerned, the bond shall cease to be redeemable at the option of the holder:
Provided that in any case the Corporation may by notice require the holder of the bond to accept its face value in cash at any time whether before or after the expiry of the period of five years aforementioned.
(5) The holder of the bond shall be entitled to receive from the Corporation interest on the bond at three-and-a-half per cent. per annum at such intervals as may be prescribed, with effect from the appointed date and until the bond is duly redeemed.
(6) Bonds issued under this section shall, for the purpose of redemption and of computing interest, be deemed to have been issued on the appointed date.
(7) Any bond issued under the provisions of this section shall be deemed to be a security in which a trustee may invest trust moneys within the meaning of section 20 of the Indian Trusts Act, 1882 (
2 of 1882
).
### 28. Winding up of existing company whose undertaking has been acquired .-
(1) The Central Government may, on the application of any existing air company or on the application of a majority in number representing three-fourths in value of its members holding ordinary shares, by order in writing, authorise the existing air company the undertaking of which has vested in either of the Corporations, to be wound up voluntarily in accordance with the provisions of the Indian Companies Act, 1913 (7 of 1913)1 relating to voluntary winding up:
Provided that¬-
(a) the winding up of the company shall commence on the day on which the Central Government authorises the winding up without the passing by the company of any special or other resolution for winding up; and
(b) the directors of the existing company shall not be under an obligation to make any such statutory declaration as is required by section 207 of the [Indian Companies Act, 1913 (7 of 1913)]; and
(c) the winding up of the company shall be continued by the directors of the existing company in office at the time the Central Government authorises its winding up and they shall be deemed to be joint liquidators for the purpose of the said winding up with power to act by a majority of their number.
(2) For the purposes of winding up the affairs of any existing air company or for any other purpose necessary for enabling it to give effect to the provisions of this Act, the Central Government may, notwithstanding anything contained in this Act, permit the existing air company to occupy, keep in its custody or utilise, as the case may be, for such period as it may allow any office, books, accounts and other documents and the services of any officers or other employees, which have been transferred to either of the Corporations under this Act, on such terms and conditions as may be agreed between the Corporation in which the undertaking has vested and the existing air company, or failing agreement, as may be determined by the Central Government.
### 29. Authorisation under section 28 may contain certain directions .-
Any authorisation granted under section 28 may include a direction requiring an existing air company the voluntary winding up of which has been authorised under that section to distribute its net assets among the various classes of members of the company in such proportion as the Central Government may, having regard to the amount subscribed by each class of such members or having regard to the circumstances relating to the issue of the shares to the various classes of members, specify in the direction, and any such direction shall have effect notwithstanding anything contained in the Indian Companies Act, 1913 (7 of 1913) or in the articles of association or resolution of the company or in any agreement, and every such company shall be bound to comply with any such direction.
Chapter V
Air Transport Council
------------------------------------
### 30. Constitution of Air Transport Council .-
[(1) ] [The Central Government may, from time to time, by notification in the Official Gazette, constitute]
[Substituted by Act 17 of 1962, Section 3 (w.e.f. 30.3.1962). ]
an Air Transport Council consisting of a Chairman and such other number of members not exceeding eleven as the Central Government may appoint thereto:
Provided that amongst the members to be so appointed there shall at least be one person with experience in financial matters and one person who is an employee of either of the Corporations with experience in labour matters.
(2) [ If at any time the Central Government, is of opinion that the continued existence of an Air Transport Council is not necessary, it may, by notification in the Official Gazette, declare that the Air Transport Council shall be dissolved with effect from such date as may be specified in the notification, and thereupon the Air Transport Council shall be deemed to be dissolved, accordingly.]
[ Inserted by Act 17 of 1962, Section 3 (w.e.f. 30.3.1962).]
### 31. Functions of the Air Transport Council .-
(1) It shall be the duty of the Air Transport Council to consider¬-
(a) at the request of either of the Corporations any matter of the kind referred to in section 38; and
(b) any matter of importance which may be referred to it by the Director General of Civil Aviation or the Director General of Posts and Telegraphs relating to matters of common interest, between either of the Corporations and the Director General of Civil Aviation, or as the case may be, the Director General of Posts and Telegraphs, including rates for the carriage of postal articles by air, and to make recommendations thereon to the Central Government.
(2) At the request of the Central Government, the Air Transport Council shall investigate any matter relating to the fares, freight rates or other charges levied by either Corporation in respect of any service or facility provided by the Corporation and of the adequacy of efficiency of such service or facility and shall make recommendations thereon to the Central Government.
(3) The Council shall, if so required by the Central Government, tender advice to that Government in regard to financial and economic analysis, accounting, costing and statistical techniques and financial reporting relating to air transport and, in particular, advise in regard to the matters specified in the proviso to sub-section (2) of section 34.
(4) The Central Government, after taking any recommendation made by the Air Transport Council under this section into consideration, may issue such directions in the matter as it thinks fit and such directions shall be binding on the Corporation concerned.
### 32. Staff of the Council .-
The Council shall have a Secretary and such other employees as the Central Government may appoint, and the expenditure on the staff and other charges of the Council shall be borne by the Central Government.
### 33. Proceedings of the Council .-
(1) The Council shall regulate its own procedure.
(2) No proceeding of the Council shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of, the Council.
Chapter VI
Control Of Central Government
---------------------------------------------
### 34. Power of Central Government to give directions .-
(1) The Central Government may give to either of the Corporations directions as to the exercise and performance by the Corporation of its functions, and the Corporation shall be bound to give effect to any such directions.
(2) The Central Government may, if it is of opinion that it is expedient in the national interest so to do, after consultation with the Corporation concerned, direct either of the Corporations¬-
(a) to undertake any air transport service or other activity which the Corporation has power to undertake;
(b) to discontinue or make any change in any scheduled air transport service or other activity which it is operating or carrying on;
(c) not to undertake any activity which it proposes to do:
Provided that, if at the direction of the Central Government, the Corporation establishes, alters or continues to maintain an air transport service or other activity and satisfies the Central Government that during the relevant financial year the Corporation has suffered on over-all loss in respect of the operation of all its air transport services and of all its other activities and also that the service or activity so established, altered or continued to be maintained in compliance with the directions of the Central Government as aforesaid has been operated at a loss in any financial year, then the Central Government shall reimburse the Corporation to the extent of the loss relatable to the operation of that particular service or activity.
### 35. Prior approval of Central Government necessary in certain cases .¬-
Neither Corporation shall, without the previous approval of the Central Government¬-
(a) undertake any capital expenditure for the purchase or acquisition of any immovable property or aircraft or any other thing at a cost exceeding [such amount as the Central Government may, from time to time, by order, fix in the behalf];
(b) enter into a lease of any immovable property for a period exceeding [ten years]
[Substituted by Act 49 of 1971, Section 8 (w.e.f. 1.2.1972). ]
; or
(c) in any manner dispose of any property, right or privilege having an original or book value exceeding such amount as the Central Government may, from time to time, by order, fix in this behalf.]
[Substituted by Act 24 of 1982, Section 2 (w.e.f. 21.5.1982). ]
### 36. Submission of programme of work for each year .-
(1) Each of the Corporations shall prepare and submit to the Central Government, not less than [two months] before the commencement of the financial year of the Corporation a statement showing the programme of operation and development of air transport services to be operated by the Corporation and its associates during the forthcoming financial year and its other activities as well as its financial estimates in respect thereof, including any proposed investment of capital and increase in the strength of its total staff.
(2) If, during any financial year, either of the Corporations engages or proposes to engage in any air transport service or ancillary activity in addition to those specified in the programme previously submitted under sub-section (1) and a substantial alteration of the financial estimates is likely to be involved thereby, the Corporation shall submit to the Central Government for approval a supplementary programme of such service or activity and a supplementary estimate of the expenditure and revenue to be incurred and received by the Corporation in respect thereof during the remainder of that period:
Provided that, to meet any unexpected traffic demand or other special situation, either of the Corporations may undertake any additional service or other ancillary activity not specified in the programme submitted under sub¬-section (1) or sub-section (2) and subsequently submit a report on the matter to the Central Government in the prescribed manner.
### 37. Submission of Annual Reports to Parliament .-
(1) Each of the Corporations shall, as soon as may be after the end of each financial year prepare and submit to the Central Government in such form as may be prescribed a report giving an account of its activities during the previous financial year, and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Corporation during the next financial year.
(2) The Central Government shall cause every such report to be laid before both Houses of Parliament as soon as may be after it is submitted.
Chapter VII
Miscellaneous
------------------------------
### 38. Corporations to act in mutual consultation .-
It shall be the duty of each of the Corporations to enter into consultations with the other in matters of common interest to the two Corporations including, in particular, the operation of scheduled air transport services, the routes on which such services should be operated by each of the Corporations, the frequency of such services, the passenger fares and freight rates to be charged, the measures of economy to be adopted, the provision of any services in regard to overhaul and maintenance of aircraft or any other matter falling within the scope of the functions of either of the Corporations, and, generally, in regard to ensuring the fullest co-operation and co-ordination in respect of all such matters.
### 39. Transfer of scheduled air transport services or assets from one Corporation to the other .-
The Central Government may, for the purpose of improving the air transport services provided by either of the Corporations or for effecting better co-ordination in respect of such services, direct that with effect from such date as may be specified in the direction and subject to such conditions as may be similarly specified,¬-
(a) any scheduled air transport service operated by one Corporation shall no longer be operated by that Corporation but shall be operated by the other Corporation, and
(b) any property belonging to one Corporation shall be transferred to the other Corporation.
### 40. Corporations may delegate their powers .-
(1) Each of the Corporations may appoint a Committee or Committees consisting of some or any of its [directors] with or without the addition of any officer or employee of the Corporation and delegate any of the functions and powers of the Corporation to such Committee or Committees and may limit the exercise of such delegated authority to any specified area.
(2) Either of the Corporations may, in relation to any particular matter or class of matters or to any particular area, by general or special order, direct that any of its officers or other employees may also exercise all or any of its powers under this Act (except the powers given to it by this section) to the extent to which the Corporation deems it necessary for the efficient running of its day-to¬-day administration.
### 41. Advisory and Labour Relations Committees .- [\* \* \*]
[\* \* \*]
[Certain words omitted by Act 49 of 1971, Section 10 (w.e.f. 1.2.1972).]
Each of the Corporations shall constitute in the prescribed manner a Labour Relations Committee consisting of representatives of the Corporations and of its employees, so however, that the number of representatives of the employees on the Committee shall not be less than the number of representatives of the Corporation, and it shall be the duty of the Labour Relations Committee to advise the Corporation on matters which relate to the welfare of the employees or which are likely to promote and secure amity and good relations between the two.
### 42. Meetings of the Corporation .-
(1) Meetings of the Corporation shall be held at such times and places and, subject to sub-sections (2) and (3), the proceedings of the Corporation shall be conducted in such manner as may be provided by the regulations.
(2) The Chairman or in his absence any person chosen by the [directors] present from amongst themselves shall preside at the meeting.
(3) At a meeting of the Corporation all questions shall be decided by a majority of votes of the [directors]
[Substituted by Act 49 of 1971, Section 11 (w.e.f. 1.2.1972). ]
present, and for this purpose, each [director]
[Substituted by Act 49 of 1971, Section 11 (w.e.f. 1.2.1972). ]
shall have one vote and in the case of equality of votes the Chairman or, in his absence, the person presiding at the meeting shall have a second or casting vote.
### 43. Penalty for wrongful withholding of property .-
If a director, managing agent, manager or other officer or employee of an existing air company who wilfully withholds or fails to deliver to the Corporation as required by sub¬-section (2) of section 21 any books, documents or papers which may be in his possession or who wrongfully obtains possession of any property of any such company which has vested in either of the Corporations under this Act or having any such property in his possession wrongfully withholds it from the Corporation or wilfully applies it to purposes other than those expressed in, or authorised by, this Act shall, on the complaint of the Corporation concerned, be punishable with fine which may extend to one thousand rupees, and may be ordered by the Court trying the offence to deliver up or refund within a time to be fixed by the Court any such property improperly obtained or wrongfully withheld or wilfully misapplied or in default to suffer imprisonment which may extend to one year.
### 44. 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) 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 terms and conditions of service of the [managing directors] of the two Corporations; and such other categories of officers as may be specified from time to time under sub-section (1) of section 8;
(b) the form in which the budget of the two Corporations shall be prepared and submitted to the Central Government; and the form and the manner in which the accounts of the two Corporations shall be maintained and in which any returns or statistics shall be furnished or submitted;
(c) the reports which should be submitted by the Corporations and the intervals within which they should be so submitted;
(d) the maintenance of books of account;
(e) the establishment and maintenance of a fund by each of the Corporations for meeting any liability arising out of any act or omission in respect of which the Corporation may incur any liability to any third party;
(f) the provision of [\* \* \*]
[ Certain words omitted by Act 49 of 1971, Section 12 (w.e.f. 1.2.1972).]
reserve and other funds;
(g) the prohibition of persons who are directly or indirectly interested in any subsisting contract with either of the Corporations from becoming or being employees of the Corporation;
(h) the powers which may be exercised by either of the Corporations to facilitate the acquisition of any undertaking;
(i) the issue of bonds by either of the Corporations to meet any compensation payable by it under this Act;
(j) the training of the employees of either of the Corporations or other persons and the fees which may in its discretion be charged therefor;
(k) the term of office and other conditions of service of members of the Air Transport Council constituted under section 30;
(l) the prohibition of any interference with any air transport service or with any property of the Corporation or of any interference with or obstruction of any officer or employee of the Corporation in the performance of his duty;
(m) the punishment which shall not exceed imprisonment for three months or fine of rupees one thousand but which may consist of both such imprisonment and fine, in respect of any contravention of the provisions of any rules made under this section.
(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 17 of 1962, Section 5 (w.e.f. 30.3.1962).]
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.]
### 45. Power of Corporations to make regulations .-
(1) Subject to the provisions of sub-section (3), each of the Corporations may, by notification in the Official Gazette, make regulations not inconsistent with this Act or the rules made thereunder for the administration of the affairs of the Corporation and for carrying out its functions.
(2) In particular and without prejudice to the generality of the foregoing power, any such regulations may provide for all or any of the following matters, namely:¬-
(a) the time and place of the meeting of the Corporation and the procedure to be followed for the transaction of business at such meetings;
(b) the terms and conditions of service of officers and other employees of the Corporation other than the [managing director] and officers of any other categories referred to in section 44;
(c) the issue of passes by the Corporation to its officers and other employees either free of cost or at concessional rates for travel on its air services and the conditions relating thereto;
(d) the authentication of orders and decisions of the Corporation and the instruments executed by it;
(e) [ the grant of refund in respect of any unused tickets and the issue of passes free of cost or at concessional rates;]
[Substituted by Act 17 of 1962, Section 6 (w.e.f. 30.3.1962). ]
(f) the period after the expiry of which unclaimed goods may be disposed of and the manner of their disposal;
(g) the conditions governing the carriage of persons or goods on its services.
(3) [ No regulation under clause (b) if sub-section (2) shall be made except with the previous approval of the Central Government.]
[Inserted by Act 49 of 1971, Section 13 (w.e.f. 1.2.1972). ]
(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 sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so,Corporation shall be made therefrom however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]
[Inserted by Act 24 of 1982, Section 4 (w.e.f. 21.5.1982). ]
THE SCHEDULE
(See section 25)
PRINCIPLES FOR DETERMINING COMPENSATION UNDER THIS ACT
Paragraph I. -
The compensation which shall be given by Indian Airlines or Air India International, as the case may be, to any existing air company in respect of the vesting, in accordance with the provisions of this Act, of the undertaking of such company in that Corporation shall be the sum of the amount computed in accordance with the provisions of paragraph II, less the sum of the amounts computed in accordance with the provisions of paragraph III.
Paragraph II. -
(a) The aggregate written down value of all airframes of aircraft in respect of which there are certificates of airworthiness in force or, which can be rendered fit for certificates of airworthiness if the Corporation concerned were to incur expenditure within the normal rates for rendering the airframes airworthy, plus-
A sum of Rs. 12,000 in respect of each airframe of a Dakota aircraft and a sum Rs. 24,000 in respect of each airframe of a Viking aircraft in any case where the existing air company had obtained a certificate of airworthiness in respect of it within ninety days immediately proceeding the appointed date or if a certificate of airworthiness had not actually been obtained within that period but the existing air company had incurred expenditure within that period for the purpose of rendering that airframe airworthy, the value, of the spare parts used for the purpose subject to a maximum of Rs. 12,000 in case of each airframe of a Dakota aircraft and Rs.24,000 in the case of each airframe of a Viking aircraft.
NOTE.-
In this Schedule, the expression " airframe" includes also the equipment of the aircraft, whether fixed or removable;
(b) the aggregate written down value of all such power plants, aeroengines, air screws, spare aeroengines and spare air screws (all of which are in this Schedule collectively referred to as power plants) as are suitable for use in the airframes mentioned in sub-clause (a) and as are of an approved standard or can be rendered fit to be of an approved standard if the Corporation concerned were to incur expenditure within the normal rates for such purposes, plus the following, namely:-
(i) a sum of Rs. 6,000 in respect of each engine of a Dakota aircraft and a sum of Rs. 12,000 in respect of each engine of a Viking aircraft in any case where the existing air company had made it an approved engine within a period of ninety days immediately proceeding the appointed date or if the engine had not been made completely fit to be an approved engine within that period but the existing air company had incurred expenditure within the said period for the purpose of making that engine an approved engine, then, the value of the spare parts used for that purpose subject to a maximum of Rs. 6,000 in the case of each engine of a Dakota aircraft and Rs. 12,000 in the case of each engine of a Viking aircraft; and
(ii) a sum of Rs. 2,000 in respect of the air screws and accessories of the power plant of a Dakota aircraft and a sum of Rs. 4,000 in respect of the air screws and accessories of the power plant of a Viking aircraft in any case where the air screws and accessories had been rendered completely fit for the approved standard within a period of ninety days immediately preceding the appointed date or if the same had not been rendered completely fit for that standard within that period but the existing air company had incurred expenditure within that period for the purpose of rendering the same fit for the approved standard, then the value of the spare parts used for that purpose subject to a maximum of Rs. 2,000 in the case of air screws and accessories of a Dakota aircraft and Rs. 4,000 in the case of air screws and accessories of a Viking aircraft.
NOTE.- In this Schedule, the expression" approved standard" means such condition of efficiency of the power plant as satisfies the requirements laid down in Section E of Schedule III to the Indian Aircraft Rules, 1937;
(c) the cost or purchase of all serviceable general stores and all such other serviceable stores and spares parts (all of which are in this Schedule collectively referred to as stores and spare parts) belonging to the existing air company as are suitable for use in respect of the aircraft or power plants referred to in subclauses (a) and (b), reduced in each case by 20 per cent, of such case of purchase:
Provided that the reduction shall be 10 per cent, in the case of stores and spare parts pertaining to Constellation and Skymaster aircraft.
NOTE - In this Schedule-
(a) stores shall be deemed to be serviceable if they are such as to satisfy the requirements laid down in Section E of Schedule III to the Indian Aircraft Rules, 1937;
(b) without prejudice to the clause immediately proceeding stores (other than general stores) and spare parts shall also be deemed to be serviceable if by incurring expenditure of an amount not exceeding half the costs of purchase of such stores and spare parts, they can be rendered suitable for use in respect of the aircraft or power plants;
(d) the aggregate actual cost to the existing air company of all lands other than lease-holds;
(e) the total amount of the premiums paid by the company in respect of all lease-holds reduced in the case of each such premium by an amount which bears to such premium the same proportion as the expired term on the appointed date of the lease in respect of which such premium shall have been paid bears to the total term of the lease;
(f) the scrap value of all such aircraft, power plants, propellers and the accessories, spare parts and stores, not falling within any of the preceding sub-clauses and all properties as have become obsolete on the appointed date, the scrap value for the purposes of this Act being one per cent of the book value of the relevant item of property;
(g) the price paid by the existing air company for any trustee security held by it;
(h) the value of any shares held by any existing air company in any other existing air company the value being calculated on the basis of the valuation of the air transport undertaking of that other company in accordance with the provisions of this Schedule;
(i) the market value on the appointed date or the purchase price, whichever is less, of any other investments held by any existing air company in any concern other than another existing air company which subject to the provisions of Section 22, have vested in the Corporation;
(j) the amount of cash held by any existing air company on the appointed date whether in deposit with a bank or otherwise;
(k) the amount of debts other than bad debts due to any existing air company, to the extent to which they are reasonable considered to be recoverable, less the amount of the debts, if any, excluded from the transfer to the Corporation concerned under the provisions of Section 22;
(l) the aggregate cost of all licence fees paid by the company under clause (c) of subrule (1) of Rule 154 of the Indian Aircraft, 1937, in respect of the licences granted to it for the operation of any scheduled air transport services and held by it on the appointed date and which but for the provisions of section 19 would continue to remain valid plus a sum of Rs. 100 for each such licence; provided that the fees paid for each such licence shall be reduced by an amount which bears to such fees the same proportion as the period of the licence which shall have expired on the appointed date bears to the total period of the licence;
(m) the aggregate written down value of all tangible assets other than those falling within the preceding clauses;
(n) an aggregate amount not exceeding ten thousand rupees as may be agreed upon between the Corporation and the existing air company concerned or, failing agreement, which may be assessed by the Tribunal, in respect of all such assets, intangible or otherwise, as do not fall within any of the preceding sub-clauses and in respect of the loss of any future profits which the existing air company might have earned but for the passing of this Act:
Provided that in assessing any amount under this clause regard shall be had to the following circumstances, namely:-
(i) the profits, if any, earned by it annually during the six years immediately proceeding the appointed date on which income-tax has been paid,
(ii) the subsidies, if any, given to that company by the Central Government during such period, and
(iii) the probability or otherwise of the company earning future profits if it were allowed to continue its scheduled air transport services for the remaining period of the licence held by it after having due regard to the fact that the licence held by it did not confer any monopoly upon it in respect of the routes concerned and the fact that no subsidy would have been payable by the Central Government after the 31st day of December, 1952.
Explanation A.-
For the purpose of this Schedule, the written down value in respect of each class of assets means the actual cost to the existing air company of such assets respectively, less the total depreciation calculated at the rates and in manner following, namely:-
(i) in respect of each airframe, depreciation shall be calculated at 15 percent per annum for constellation and Skymaster aircraft and 18 percent per annum for other aircraft from the date on which the aircraft concerned was first used in revenue operations by the company till the 31st day of December, 1952, the rates being applied as follows :-
for the first year, on the actual cost of acquisition;
for the second year, on an amount obtained by reducing from the actual cost of acquisition the amount of depreciation calculated as aforesaid for the first year;
for the third year, on an amount obtained by reducing from the actual cost of acquisition the aggregate amount of depreciation calculated as aforesaid for the preceding two years ;
and so on;
(ii) in respect of power plants, the depreciation shall be calculated at 20 per cent. per annum for Constellation and Skymaster aircraft and at 24 per cent. per annum for other aircraft from the date on which the power plant concerned was first used in revenue operations by the company till the 31st day of December, 1952, the rates being applied as follows:-
for the first year, on the actual cost of acquisition;
for the second year, on an amount obtained by reducing from the actual cost of acquisition the amount of depreciation calculated as aforesaid for the first year;
for the third year on an amount obtained by reducing from the actual cost of acquisition the aggregate amount of depreciation calculated as aforesaid for the preceding two years;
and so on;
(iii) in respect of all tangible assets falling within clause (m) of paragraph II, depreciation shall be calculated at the normal annual rates for which provision is made in the Indian Income-tax Act, 1922, and in the manner provided therein, but excluding initial or other special depreciation, from the date such assets were acquired or created by the existing air company until the 31st day of December, 1952:
Provided that in respect of any such asset for which no provision has been made in the Indian Income-tax Act, 1922, the rate of depreciation shall be 10 per cent, per annum:
Provided further that in respect of any such asset situate on the leasehold land other than land rented from Government, the depreciation shall be either -
(a) as provided in the proceeding provisions of this clause, or
(b) equivalent to an amount which bears the same ratio to the total cost of acquisition or creation of the asset (situate on leasehold land) as the expired portion of the lease on the appointed date bears to the total period of the lease currently running, whichever is greater.
Explanation B.- For the purpose of this Schedule, the actual cost shall include, in the case of airframes, in addition to the cost of purchase or acquisition-
(i) the actual expenditure, if any, incurred by the existing air company for reconversion or reconstruction of the airframe in order to render it fit for civil air transport before it was first used in revenue operations by the company, plus,
(ii) the actual expenditure incurred in making the airframes airworthy before its first use in revenue operations.
Explanation C.-
In the case of power plants, the actual cost shall include, in addition to the cost of purchase or acquisition, the cost incurred by the company for conversion or reconditioning, repairing or overhauling the power plant, in order to render its fit for the purposes of a certificate under paragraph 4 of section E of Schedule III to the Indian Aircraft Rules, 1937, before the date of its first use in revenue operations.
Paragraph III.-
Subject to the provisions of sections 22 and 23, all such liabilities as have been declared by the existing air company under the provisions of section 22:
Provided that if any liability so declared has been understated, the Corporation may recover the additional amount from the company.
|
65b99f1eab84c7eca86e9799 | acts |
State of Haryana - Act
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The Punjab Shops and Commercial Establishments Act, 1958
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HARYANA
India
The Punjab Shops and Commercial Establishments Act, 1958
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Act 15 of 1958
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* 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.
Statement of Objects and Reasons - Haryana Act 1 of 1997. - The Punjab Shops and Commercial Establishments Act, 1958 had been enacted to provide for the regulation of conditions of work and employment in Shops and Commercial Establishment. However, over the years it has been observed that the shopkeepers are not serious about the registration/certification of such establishments which hampers enforcement of the Act and unnecessarily burdens the Department with avoidable paper work. Thus, identification of working class employed in the various establishments for the aforesaid purposes is essential and with a view to achieve this objective and also to augment the State resources, it is proposed to carry out necessary amendments in the Act through this Bill. hence this Bill.
Published vide Haryana Government Gazetted (Extraordinary) , dated 8.11.1996, page 2275.
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/Haryana.
(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 3.5.1958.]
(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]
[See Punjab Government Notification No. 6089/5544-C-Lab-58/17633, dated the 1st June, 1968, Punjab Government Gazette (Extraordinary) , 1958, page 1067.]
, declare to be a festival for the purpose of this Act;
(xii) "Government" means the Punjab Government; [Government of Haryana]
[For Haryana.]
(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;
(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 -
[(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 House]
[Substituted for Haryana vide Haryana Adaptation of Laws Order, 1968.]
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 [twelve hours]
[Substituted for 'ten hours' by Haryana Act No 21 of 2004.]
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.]
[Sub-section (2) added by Punjab Act No. 1 of 1964, section 4.]
### 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) [five] 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 [accompanied by such fee as may be prescribed]
[Words in parenthesis added by Haryana Amending Act 1 of 1997.]
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 [in the establishment; and]
[Words in parenthesis added by Haryana Amending Act 1 of 1997.]
;
(e) such other particulars as may be prescribed;
(2) (i)
On receipt of the statement, [and prescribed fee]
[Words in parenthesis added by Haryana Amending Act 1 of 1997.]
, 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 three years. Thirty days' grace time shall, however, be allowed for the renewal of the certificate after payment of prescribed fee.]
[Clause (ii) substituted vide Haryana Act 1 of 1997.]
(3) Within thirty days from the date mentioned in column 2 below in respect of the establishment in column 1, the statement [together with prescribed fee]
[Words in parenthesis added by Haryana Amending Act 1 of 1997.]
shall be sent to the prescribed authority under sub-section (1) .
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Establishment
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Date from which the period of 30 days is to commence.
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(1) |
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(2) |
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(i) Establishments existing in areas to which this Act applies
or where this Act is extended.
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The date on which the Act comes into force or the date on
which the Act is extended, as the case may be.
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(ii) New establishments in such areas.
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The date on which the establishment commences its work.
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(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.
(6) [ In 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 one thousand rupees but which may extend to three thousand rupees alongwith the prescribed registration or renewal fee, as the case may be:]
[Clause (6) added by Haryana Amending Act 1 of 1997.]
[Provided that the amount of registration or renewal fee so recovered from the employer shall be paid in the Government treasury or in any other mode as may be prescribed so as to enable the prescribed authority to issue or renew the registration certificate, as the case may be.]
[Added by Haryana Act No 21 of 2004.]
### 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. Realisation 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 appointment of Inspecting officers.]
[Substituted by Haryana Act No 21 of 2004.]
(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;
[Provided that the Government may, by notification in the Official Gazette, also appoint such persons, as it may deem fit, not below the rank of Deputy Labour Commissioner, to be the Chief Inspector or Deputy Chief Inspector of shops and commercial establishments who shall, in addition to the powers conferred on a Chief Inspector or Deputy Chief Inspector under this Act or the rules made thereunder, exercise the powers of Inspector throughout the territory of the State of Haryana.]
[Added by Haryana Act No 21 of 2004.]
(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.
### 26A. [ Power to compound offences.
[Section 26-A added by Haryana Act No 21 of 2004.]
(1) Notwithstanding anything contained in this Act or the rules framed thereunder, the compounding authority as may be notified by the Government in the Official Gazette, shall compound the offence committed under this Act or the rules framed thereunder. The said authority shall discharge the offender by recovering a sum of money not less than fifty percent of the maximum amount of fine prescribed under this Act or the rules framed thereunder. However, if the violation relates to registration of shops or commercial establishments, in that case the amount of fee as may be prescribed shall be recovered from the offender in full in addition to the amount of fine :
Provided that no offence of the same nature shall be compoundable if it is committed more than twice in a year.
(2) An appeal against the order of the compounding authority shall lie within thirty days from the date of the order of the compounding authority before the appellate authority as may be notified by the Government and whose decision shall be final :
Provided that no appeal shall be maintainable unless the amount of fine is deposited with the said authority.
(3) No penalty shall be imposed unless the person concerned is given a notice in writing informing him of the grounds on which it is proposed to impose a penalty.
(4) The compounding authority and the appellate authority shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (Act 5 of 1908), while exercising any powers under this section, in respect of the following matters, namely :-
(i) summoning and enforcing the attendance of witnesses;
(ii) requiring the discovery and production of any document;
(iii) requisitioning any public record or copy thereof from any court or office;
(iv) receiving evidence on affidavit; and
(v) issuing commissions for the examination of witnesses or documents.]
### 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.
[New section 33-A inserted by Punjab Act No. 1 of 1964, Section 18.]
- No Court shall take cognizance of any offence punishable under this Act or any rule made thereunder or of the abatement 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.]
### 34. Power to make rules.
(1) Government may make [rules]
[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.]
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) 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 house of]
[The words 'both Houses' substituted by Adaptation of Laws Order, 1968.]
[the State Legislature]
[For Haryana See Haryana Adoption of Laws Order, 1968.]
.
### 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
----------
See Section 1(4) ]
Areas to which the Act applies in the first instance
| | |
| --- | --- |
|
District
|
Name of Local area
|
|
1. Ambala
|
1. Ambala Cantt., 2. Ambala City, 3. Naraingarh, 4.
Sadhaura, 5. Shahzadpur, 6. Yamunanagar, 7. Jagadhri, 8.
Chhachrauli, 9. to 12. \*, 13. Kalka, 14. [\*]
|
|
2. [\*\*]
|
1. [\*\*]
|
|
3. Karnal
|
1. Karnal, 2. Panipat, 3. Kaithal, 4. Thanesar, 5.
Shahabad, 6. Ladwa, 7. Radaur, 8. Samalkha
|
|
4. Hissar
|
1. Hissar, 2. Bhiwani, 3. Sirsa, 4. Hansi, 5. mandi
Dabwali
|
|
5. Gurgaon
|
1. Gurgaon Cantonment, 2 Rewari, 3. Palwal, 4 Balabgarh,
5. Nuh, 6. Hodel, 7. Ferozepur-Jhirka, 8. Faridabad, 9.
Sohna
|
|
6. Rohtak
|
1. Rohtak, 2. Sonepat, 3. Bahadur Garh, 4. Gohana, 5.
Jhajjar, 6. Beri
|
|
7. to 15. [\*\*\*]
|
[\*\*\*]
|
|
16. Jind
|
1. Jind
|
|
17. Mohindergarh
|
1. Narnaul, 2. Dadri
|
\*The names of Local areas of "Rupar, Kurali, Kharar, Morinda, Chandigarh and Manimajra' Omitted by Haryana Adaptation of Laws Order, 1968.
\*\*Entry 2 relating to District and local area Simla omitted by Haryana Adaptation of Laws Order, 1968.
\*\*\*Entry 7-15 relating to District and Local areas against it omitted by Haryana Adaptation of Laws Order, 1968.
|
65b98441ab84c7eca86e9481 | acts |
State of Punjab - Act
-----------------------
The Punjab Abolition of Whipping Act, 1957
--------------------------------------------
PUNJAB
India
The Punjab Abolition of Whipping Act, 1957
============================================
Act 25 of 1957
----------------
* Published on 20 July 1957
* Commenced on 20 July 1957
The Punjab Abolition of Whipping Act, 1957
Punjab Act
25 of 1957
Received the assent of the President on the 20th July, 1957, and was first published in the Punjab Government Gazette Extraordinary dated the 29th July, 1957.
For Statement of Objects and Reasons, see Punjab Gazette Extraordinary dated the 1st October 1956, page 654.
An Act to provide for the abolition of whipping as a punishment and to amend the existing State Laws for this purpose
Be it enacted by the Legislature of the State of Punjab in the Eighth Year of the Republic of India as follows :-
### 1. Short title.
- This Act may be called the Punjab Abolition of Whipping Act, 1957.
### 2. Abolition of Whipping.
(1) The punishment of whipping as provided in any law with respect to any other matters specified in the State and Concurrent Lists of the Seventh Schedule to the Constitution of India is hereby abolished.
(2) If at the commencement of this Act any sentence of whipping imposed upon any offender by a Court or other authority under any law referred to in sub-section (1) has not been executed for any reasons, whether wholly or partially, the offender shall be dealt with in the manner provided in section 395 of the Code of Criminal Procedure, 1898, as if that section had not been repealed by the Abolition of Whipping Act, 1955 (Act No. 44 of 1955).
|
65ba6bf4ab84c7eca86eb407 | acts |
Union of India - Act
----------------------
The Jute Manufactures Development Council Act, 1983
-----------------------------------------------------
UNION OF INDIA
India
The Jute Manufactures Development Council Act, 1983
=====================================================
Act 27 of 1983
----------------
* Published on 7 September 1983
* Commenced on 7 September 1983
The Jute Manufactures Development Council Act, 1983
ACT NO. 27 OF 1983
### 1234. [7th September, 1983]
An Act to provide for the establishment of a Council for the development of production of jute manufactures by increasing the efficiency and productivity in the jute industry, the financing of activities for such development and for matters connected therewith.
BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows:-
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Jute Manufactures Development Council Act, 1983.
(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.
| |
| --- |
|
1-5-1984 : Vide Notifieation No. S.O. 325, (E) , dated 28-4-84 Gazatee of India, Extra ordinary, Part II, Seetion 3(ii)
|
### 2. Definitions.
In this Act, unless the context otherwise requires,--
(a) "Chairman" means the Chairman of the Council;
(b) "Council" means the Jute Manufactures Development Council established under section 3;
(c) "jute manufacture" shall have the same meaning as assigned to it in the Jute Manufactures Cess Act, 1983;
(d) "member" means a member of the Council and includes the Chairman;
(e) "prescribed" means prescribed by rules made under this Act;
(f) [ "year" means the year commencing on the 1st day of April and ending on the 31st day of March next following.]
[ Substituted by Act 9 of 1994, Section 2 (w.e.f. 1-4-1994)]
Chapter II
The Jute Manufactures Development Council
---------------------------------------------------------
### 3. Establishment and constitution of the Council.
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a Council to be called the Jute Manufactures Development Council.
(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.
(3) The head office of the Council shall be at Calcutta in the State of West Bengal, and the Council may, with the previous approval of the Central Government, establish offices or agencies at other places in or outside India.
(4) The Council shall consist of the following members, namely:--
(a) a Chairman to be appointed by the Central Government;
(b) such number of members not exceeding eight as the Central Government may think fit to be appointed by it from among the Ministries of the Central Government dealing with--
(i) agriculture;
(ii) commerce (textiles);
(iii) finance;
(iv) industry;
(v) civil supplies;
(vi) co-operation;
(c) six members to be appointed by the Central Government by rotation in the alphabetical order to represent respectively the Governments of the States of Andhra Pradesh, Assam, Bihar, Meghalaya, Orissa, Tripura and West Bengal in which jute is cultivated on a large scale:
Provided that such appointment shall be made on the recommendation of the Government of the State concerned;
(d) four members to be appointed by the Central Government to represent the producers of jute manufactures;
(e) two members to be appointed by the Central Government to represent the exporters of jute manufactures;
(f) three members to be appointed by the Central Government to represent the growers of jute;
(g) three members to be appointed by the Central Government to represent the interests of workmen employed in factories producing jute manufactures;
(h) five members to be appointed by the Central Government from amongst persons who, in the opinion of the Central Government, are experts in jute technological research, jute marketing or agricultural economics.
(5) The Council shall elect, from amongst its members, a Vice-Chairman who shall exercise such of the powers and perform such of the functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman.
(6) The term of office and other conditions of service of the members and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribed.
(7) Any officer of the Central Government, not being a member of the Council, when deputed by that Government in this behalf, shall have the right to attend the meetings of the Council and take part in the proceedings thereof, but shall not have the right to vote.
(8) The Council may associate with itself, in such manner, subject to such conditions and for such purposes as may be prescribed, any person whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall be entitled to receive such allowances or fees as may be fixed by the Central Government and shall have the right to take part in the proceedings of the Council relevant to the purpose for which he has been associated, but shall not have the right to vote.
(9) No act or proceeding of the Council or any committee appointed by it under section 5 shall be invalidated merely by reason of--
(a) any vacancy in, or any defect in the constitution of, the Council or such committee; or
(b) any defect in the appointment of a person acting as a member of the Council or such committee; or
(c) any irregularity in the procedure of the Council or such committee not affecting the merits of the case.
(10) The Council shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be prescribed.
### 4. Salary and allowances and other conditions of service of Chairman and other members.
(1) The Chairman shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may from time to time be fixed by the Central Government.
(2) The other members of the Council shall receive such allowances as may be fixed by the Central Government.
### 5. Committees of the Council.
(1) The Council 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 Council shall have the power to co-opt as members of any committee appointed under sub-section (1) such number of persons who are not members of the Council as it may think fit and the persons so co-opted shall have the right to attend meetings of the committee and take part in its proceedings but shall not have the right to vote.
(3) The persons co-opted as members of a committee under sub-section (2) 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 of the Council and other staff.
(1) Subject to the provisions of this Act, every person employed by the Jute Manufactures Development Council established under sub-section (1) of section 6 of the Industries (Development and Regulation) Act, 1951, (65 of 1951.) immediately before the date of establishment of the Council under section 3 of this Act, shall, on and from such date, become an employee of the Council with such designation as the Council 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 on such date if the Council had not been established and shall continue to do so unless and until his employment in the Council is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Council:
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.
(2) Every employee holding any office under the Central Government immediately before the date of establishment of the Council solely or mainly for or in connection with such matters as are relevant to the functions of the Council under this Act, shall, on and from such date, be treated as on deputation with the Council but shall hold his office in the Council by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office, if the Council had not been established and shall continue to do so until the Central Government, either on its own motion or at the request of the Council, recalls such employee to its service or until the Council, with the concurrence of the Central Government, duly absorbs such employee in its regular service, whichever is earlier:
Provided that during the period of deputation of any such employee with the Council, the Council shall pay to the Central Government, in respect of every such employee, such contribution towards his leave salary, pension and gratuity as the Central Government may, by order, determine:
Provided further that any such employee, who has, in respect of the proposal of the Council to absorb him in its regular service, intimated within such time as may be specified in this behalf by the Council his intention of not becoming a regular employee of the Council, shall not be absorbed by the Council in its regular service.
(3) If any dispute or doubt arises as to which of the employees serving under the Central Government are to be treated as on deputation with the Council under this section, such dispute or doubt shall be decided by the Central Government in consultation with the Council and the decision of the Central Government thereon shall be final.
(4) For the purposes of enabling it efficiently to discharge its functions under this Act, the Council shall, subject to the other provisions of this section and to such rules as may be made in this behalf by the Central Government, appoint (whether on deputation or otherwise) such number of officers and other employees as it may consider necessary:
Provided that the appointment of such category of officers as may be specified in such rules, shall be subject to the approval of the Central Government.
(5) Subject to the other provisions of this section, every officer or other employee appointed by the Council shall be subject to such conditions of service and shall be entitled to such remuneration as may be prescribed.
### 7. Functions of the Council.
(1) It shall be the duty of the Council to promote, by such measures as it thinks fit, the development of production of jute manufactures by increasing the efficiency and productivity in the jute industry.
(2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for--
(a) evolving an integrated approach to jute cultivation in the matter of formulation of schemes, extension work, implementation and evaluation of schemes aimed at increasing the yield of jute and improving the quality thereof;
(b) promoting arrangements for better marketing and sale of jute;
(c) recommending targets for production for jute industry, co-ordinating production programmes and reviewing progress from time to time;
(d) suggesting norms of efficiency for jute industry with a view to eliminating waste, obtaining optimum production, improving quality and reducing costs;
(e) promoting standardisation of jute manufactures;
(f) maintenance and improvement of existing markets and development of new markets outside India for jute manufactures and devising marketing strategy in consonance with the demand for such manufactures outside India;
(g) sponsoring, assisting, co-ordinating or encouraging scientific, technological and economic research into the matters relating to materials, equipment, methods of production, product development, including discovery and development of new materials, equipment and methods and of improvements in those already in use in the jute industry;
(h) ensuring stabilisation of prices of jute manufactures in and outside India;
(i) promoting or undertaking the collection and formulation of statistics regarding jute industry;
(j) propagating information useful to the growers, dealers and exporters of jute and producers or manufacturers of jute goods;
(k) such other matters as may be prescribed.
(3) The Council shall perform its functions under this section in accordance with and subject to such rules as may be made by the Central Government and such rules may be in particular make provisions for ensuring that the Council functions in close liaison with Union agencies, institutions and authorities concerned with the jute manufactures (including cultivation of jute) and avoids duplication of effort.
### 8. Dissolution of the Council.
(1) The Central Government may, by notification in the Official Gazette and for reasons to be specified therein, direct that the Council shall be dissolved from such date and for such period as may be specified in the notification:
Provided that before issuing any such notification, the Central Government shall give a reasonable opportunity to the Council to make representations against the proposed dissolution and shall consider the representations, if any, of the Council.
(2) When the Council is dissolved under the provisions of sub-section (1),--
(a) all the members, notwithstanding that their term of office has not expired, shall, from the date of dissolution, vacate their offices as such members;
(b) all the powers and duties of the Council shall, during the period of dissolution, be exercised and performed by such person or persons as the Central Government may appoint in this behalf and their remuneration shall be such as may be prescribed;
(c) all funds and other properties vested in the Council shall, during the period of dissolution, vest in the Central Government; and
(d) as soon as the period of dissolution expires, the Council shall be reconstituted in accordance with the provisions of this Act.
Chapter III
Finance, Accounts And Audit
--------------------------------------------
### 9. Grants and loans by the Central Government Jute Furd.
The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Council by way of grants or loans such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.
### 10. Jute Fund
(1) There shall be formed a Fund to be called the Jute Fund and there shall be credited thereto--
(a) any fees that may be levied and collected under this Act or the rules made thereunder;
(b) any sums of money paid or any grants or loans granted by the Central Government for the purposes of this Act;
(c) any grants or loans that may be made by any person for the purposes of this Act.
(2) The Fund shall be applied--
(a) for meeting the cost of the measures referred to in section 7;
(b) for meeting the salaries, allowances and other remuneration of the officers and other employees of the Council;
(c) for meeting the other administrative expenses of the Council;
(d) for repayment of any loans.
### 11. Borrowing powers of the Council.
Subject to such rules as may be made in this behalf by the Central Government, the Council shall have the power to borrow on the security of the Jute Fund or any other asset for carrying out the purposes of this Act.
### 12. Accounts and audit.
(1) The Council shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account, and the balance sheet, in such form and in such manner as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Council 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 Council to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Council shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Council.
(4) The accounts of the Council as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
Chapter IV
Control By Central Government
---------------------------------------------
### 13. Directions by Central Government.
The Council shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act.
### 14. Returns and reports of activities of the Council.
(1) The Council shall furnish to the Central Government at such time and in such form and manner as may be prescribed, such returns and statements and such particulars in regard to any proposed or existing programme for the development of jute manufactures, as the Central Government may, from time to time, require.
(2) The Council shall furnish a programme of its activities for each year to the Central Government for its information and directions, if any.
(3) Without prejudice to the provisions of sub-section (1), the Council shall, as soon as possible, after the end of each year, submit to the Central Government a report in such form, and before such date, as may be prescribed, giving a true and full account of its activities, policy and programmes during the previous year.
(4) A copy of the report received under sub-section (3) shall be laid, as soon as may be, after it is received, before each House of Parliament.
Chapter V
Miscellaneous
----------------------------
### 15. Power to call for reports and returns.
The Council may require a producer of a jute manufacture to furnish, for the purposes of this Act, such statistical or other information in such form and within such period as may be specified by the Council.
### 16. Power of inspection.
Any person authorised in this behalf by the Central Government or by the Council or any officer of the Council authorised by the Chairman in writing, may enter, at all reasonable times, any place or premises where jute manufactures are stored, kept or exposed for sale and may require the production for inspection of any book, register, record or other paper kept therein and ask for any information relating to the production, storage or keeping for sale of jute manufactures.
### 17. Penalties.
Whoever fails to comply with any order or direction given under this Act, within such time as may be specified in the said order or direction, or contravene or attempts to contravene or abets the contravention of any of the provisions of this Act or any rules made thereunder, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or with both.
### 18. 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, 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 is attributable to any neglect on the part of, any 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.
### 19. Cognizance of offences.
No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
### 20. Sanction for prosecutions.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974.) no court shall take cognizance of any offence punishable under this Act except with the previous sanction of the Central Government.
### 21. Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Central Government, or the Council or any committee appointed by it, or any member of the Council or such committee, or any officer or other employee of the Central Government or the Council or any other person authorised by the Central Government or the council or the Chairman for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
### 22. Members, officers and employees of the Council to be public servants.
All the members and all officers and other employees of the Council when acting or purporting to act in pursuance of the provisions of this Act or the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. (45 of 1860.)
### 23. Suspension of operation of Act.
(1) If the Central Government is satisfied that circumstances have arisen rendering it necessary that certain of the restrictions imposed by this Act should cease to be imposed and if it considers it necessary or expedient so to do in the public interest, the Central Government may, by notification in the Official Gazette, suspend or relax to a specified extent and for such period as may be specified in the notification, the operation of all or any of the provisions of this Act, in all or any of the territories to which this Act extends.
(2) Where the operation of any provision of this Act has, under sub-section (1), been suspended or relaxed, such suspension or relaxation may, at any time while this Act remains in force, be removed by the Central Government by notification in the Official Gazette.
(3) Every notification issued under this section shall be laid, as soon as may be after it is issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be issued, the 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 notification.
### 24. Application of other laws not barred.
The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.
### 25. Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the powers and functions of the Vice-Chairman of the Council under sub-section (5) of section 3;
(b) the term of office and other conditions of service of members, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, members, under sub-section (6) of section 3;
(c) the manner in which, the conditions subject to which and the purposes for which persons may be associated by the Council under sub-section (8) of section 3;
(d) the times and places at which the Council shall meet, the rules of procedure to be observed in regard to the transaction of business at its meetings and the number of members which shall form a quorum at a meeting under sub-section (10) of section 3;
(e) the conditions and limitations subject to which the Council may appoint officers and other employees under sub-section (4) of section 6;
(f) the conditions of service and the remuneration of officers and other employees appointed by the Council under sub-section (5) of section 6;
(g) the matters in respect of which the Council may undertake measures in the discharge of its functions under clause (k) of sub-section (2) of section 7;
(h) the remuneration payable to the person or persons referred to in clause (b) of sub-section (2) of section 8;
(i) the conditions subject to which the Council shall borrow on the security of the Jute Fund or any other asset under section 11;
(j) the form and manner in which the accounts of the Council shall be maintained under sub-section (1) of section 12;
(k) the time at which and the form and manner in which the Council shall furnish returns, statements and other particulars under sub-section (1) of section 14;
(l) the form in which and the date before which the Council shall furnish to the Central Government the report of its activities, policy and programmes under sub-section (3) of section 14;
(m) any other matter which is to be or may be prescribed or provided for by rules under this Act.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
|
65b98f3eab84c7eca86e95bf | acts |
State of Madhya Bharat - Act
------------------------------
The Madhya Bharat Moneylenders Rules, Samvat 2009
---------------------------------------------------
MADHYA BHARAT
India
The Madhya Bharat Moneylenders Rules, Samvat 2009
===================================================
Rule THE-MADHYA-BHARAT-MONEYLENDERS-RULES-SAMVAT-2009 of 2009
---------------------------------------------------------------
* Published on 8 August 1952
* Commenced on 8 August 1952
The Madhya Bharat Moneylenders Rules, Samvat 2009
Published vide Notification No. 51-6/DA/447-50, dated 8-8-1952, M.P. Gazette, Part 1 (b) , dated 21-8-1952 at page 348
In exercise of the powers conferred by Section 21 of the Madhya Bharat Moneylenders Act, Samvat 2007, the Government is pleased to make the following rules :
### 1. These rules may be called "the Madhya Bharat Moneylenders Rules, Samvat 2009".
### 2. They shall come into force from the dale of their publication in the Government Gazette.
### 3. In these rules, unless there is anything repugnant in the context, "Act" means the Madhya Bharat Moneylenders Act, Samvat 2007 (Act No. 62 of 1950).
### 4. An application for registration under Section 3 (1) of the Act shall be made in the annexed Form A' and should be signed and verified by the applicant in the manner provided in the Code of Civil Procedure for verification of plaints.
### 5. 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 signature of at least one member of the applicant firm.
### 6. Every application for registration shall be presented by the applicant personally or through a duly authorized agent :
Provided that where there arc more applicants than one, any one of them may present it.
### 7. On registration of the applicant's name under Section 3 (1) of the Act, the Sub-Registrar shall issue a certificate in Form 'B' annexed.
### 8. The Moneylender's Register shall be maintained by the Sub-Registrar in Form 'C' annexed and shall contain the particulars prescribed therein.
### 9. The application for the renewal of a certificate of registration under the Act shall be made in Form 'D' annexed, and shall be made to the Sub-Registrar at least one month before the expiry of the term of the certificate. Renewal shall be made for a period of three years.
### 10. In the case of a firm any adult member or the guardian of a minor member may make an application for the grant or renewal of a certificate of registration on behalf of the firm.
### 11. In the event of the loss of the certificate of registration a duplicate copy shall be issued on payment of a fee of Rupee One. The application for a duplicate copy shall be made on a stamp paper valued annas ten according to Article 19 of Schedule I of the Indore Stamp Act as adopted in Madhya Bharat.
### 12. As soon as any order is made by the Sub-Registrar or any Court cancelling a certificate of registration, the money-lender shall, within 15 days of the intimation of the said cancellation order, surrender it to the Sub-Registrar who shall endorse thereon the word "Cancelled" in red ink under his signature with the date of so doing and shall also make an entry to (his effect in the column of remarks in the Register of Money lenders and get the cancellation order notified in the Government Gazette without delay.
### 13. Any Court cancelling any certificate of registration under the Act shall send a copy of the order of cancellation to the Sub-Registrar. The Sub-Registrar shall thereupon send for the original certificate and proceed as directed in the preceding rule.
### 14. (a) An application of revision against the order of a Sub-Registrar or a Court under Section 5 or 6 of the Act shall be preferred in the form of a Memorandum bearing a court-fee stamp of Rupee one and shall be accompanied by an attested copy of the order under revision.
(b) As soon as the revision application is filed, the District Judge shall cause notice of the same to be given along with a copy of the Memorandum lo the Court or the Sub-Registrar, as the case may be, along with a copy of the Memorandum against whose orders it is directed, and shall invite him to make such comments as he may consider necessary in connection with the grounds of revision.
(c) Notice of revision shall also be served on any other person who may have moved the Court or the Sub-Registrar as the case may be or who may have otherwise appeared as a party before him.
(d) In all other respects the procedure in revision under the Act shall be governed by the provision of the Code of Civil Procedure, so far as they may be applicable.
### 15. If an original order under Section 5 or 6 or an order in revision under Section 7 of the Act is passed in the absence of a money-lender it shall be communicated to him by registered post (acknowledgement due).
### 16. The order passed on the application of revision shall be communicated to the Sub-Registrar who shall make a note of it in the column of remarks and in case the order of the Sub-Registrar or the Court is cancelled or modified in revision, it shall be notified in the Government Gazette.
### 17. The statement of Accounts prescribed in Section 9 of the Act shall be furnished to the debtor in Hindi language in Form 'E' annexed.
### 18. 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 account maintained by the creditor in accordance with Section 9 of the Act.
### 19. In column I of the account will he shown so far as is possible the exact date on which the transaction took place.
### 20. The rale of interest agreed to between the parties for each advance whether in cash or kind shall be shown in words in the column provided for the purpose in the prescribed form.
### 21. The value of repayments to principal anti interest separately shall be shown in the column provided in the prescribed form, on the date on which the transaction actually took place.
### 22. The Statement shall be sent to the debtor within one month-
(a) of Diwali, i.e. Kartik Badi 30 in case of cash accounts.
(b) of Vaisakh Badi 30 in case of grain or grain and cash accounts.
### 23. Every statement shall be prepared and maintained in duplicate, one copy shall be retained by the creditor and the other sent to the debtor in the manner hereinafter prescribed.
### 24. Entries in the statement relating to the amount and dale of the loan, the rate of interest, and the appropriation of repayments, etc. shall tally with the entries made in the accounts maintained by the creditor in accordance with the provision of the Act.
### 25. (a) One copy of the Statement of Accounts shall be sent to the debtor at his cost by Registered Post (Acknowledgement due) :
Provided that if the debtor or joint debtors, as the case may be, agree in writing to accept the Statement of Accounts by personal delivery it shall not be necessary to send it by post.
(b) If the debtor accepts the Statement of Accounts when delivered to him in person, he shall give an acknowledgement of its receipt.
### 26. Any person who contravenes any of the provisions of these rules shall be punished with fine which may extend to one hundred rupees.
Form 'A'
[See Rule 4 of the Madhya Bharat Moneylenders Rules, Samvat 2009]
Application for Registration of Moneylenders
In the Office of the Sub-Registrar......................................Pargana ..................................
(Here give the name of the Pargana in which the principal place of business of the moneylender is situated).
Town/Village Post Office................
(Here give the name of the town or village in which the principal place of business of the moneylender is situated and the name of the Post Office).
(a) Name of the applicant with parentage, residence and address in full..................,...................
(b) In case where the applicant is a firm, the names of all persons constituting it, with parentage, residence and address in full, of each .....
(c) In case where the applicant is a firm whether it is an undivided Hindu joint family, firm or otherwise constituted; and whether it has been registered under the Partnership Act........................
(d) Name or style under which the applicant carries on his money lending business .....................................
(e) Name of the Parganas within which the applicant has his business on the date of the application...................................
(f) (i)
Whether the applicant as an individual or as a member, or partner of a firm, have previously been registered. If so, give full particulars of the certificate...............................................
(ii) Whether the certificate granted has ever been cancelled, if so, give full particulars including the name of the officer and the date and terms of the order cancelling the certificate.................................
Verified 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 personmaking the verification withdate
and place of so doing.
|
Signature of the applicantwith date
|
Form 'B'
[See Rule 9 of the Madhya Bharat Moneylender's Rules, Samvat 2009]
Moneylender's Registration Certificate
District...............................
Pargana ...............................
Register No............................
Certified that son/daughter/wife of..............Caste or the firm resident of........with his/her/its principal place of business at.....has been registered as a moneylender under Section 53 of the Madhya Bharat Moneylenders Act, Samvat 2007 on the date of 19 This certificate shall remain in force up to the day of 19.................
\*Following are the members/partners of the Registered firm :
### 1. .......................... son/daughter/wife of..........................................................resident of........................................
### 2. ............................ son/daughter/wife of..........................................................resident of........................................
### 3. ............................ son/daughter/wife of ......................................................resident of........................................
### 4. ........................... son/daughter/wife of..........................................................resident of........................................
### 5. ............................ son/daughter/wife of..........................................................resident of........................................
### 6. ............................ son/daughter/wife of ......................................................resident of........................................
(Seal of the Sub-Registrar)
Signed.......................
Sub-Registrar...........
Pargana ...................
District......................
Madhya Bharat
\*Where the moneylender is a single individual cross out this portion.
Form 'C'
(Not reproduced here)
Form 'D'
[See Rule 9 of the Madhya Bharat Moneylenders Rules, Samvat 2009]
In the office of the Sub-Registrar, Pargana................ District..............Madhya Bharat Government.
The applicant submits as follows :
(1) That he is registered as money lender in the Pargana with necessary particular being-
Post Office..................
Town/Village.................
Register No. ................
(2) That since the grant of the last certificate, dated he has not contravened any of the provisions of the Act.
(3) That he prays that his certificate may be renewed from...............
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........
Signed...........................
...........................
(Signature of the personmaking certificate withdate and place)
Date..............................
Form 'E'
[See Rule 17 of the Madhya Bharat Moneylenders Rules, Samvat, 2009]
Loan Account (cash/grain) of...............son of............Caste.........
Residence..................................................................
Name of the Moneylender together with the registration number and principal place of business.................................
Opening balance (if any)
Principal......................
Interest ......................
| | | |
| --- | --- | --- |
|
Date
|
Particulars of payment whether cash or kind in
words
|
Credit
|
|
Repayment Figures
|
Appropriation
|
|
Cash
|
Kind (No. and weight)
|
Principal
|
Interest
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
|
| |
| --- |
|
Debit
|
|
Date
|
Particulars of advance in words whether cash or
kind
|
Advance in figures
|
|
Cash
|
Kind (No. and weight)
|
|
(7) |
(8) |
(9) |
(10) |
|
|
| | | | |
| --- | --- | --- | --- |
|
Rate of interest
|
Amount of interest charged
|
The date of the document, if any, on which the
advance is made
|
Remarks
|
|
(11) |
(12) |
(13) |
(14) |
|
|
Principal.............Interest................Balance outstanding on..........Opening Balance as above ...............19............
Total...................................
(Signature) Creditor or Agent
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65b9b5aaab84c7eca86e9af7 | acts |
State of Rajasthan - Act
--------------------------
Rajasthan Para-medical Council Rules, 2014
--------------------------------------------
RAJASTHAN
India
Rajasthan Para-medical Council Rules, 2014
============================================
Rule RAJASTHAN-PARA-MEDICAL-COUNCIL-RULES-2014 of 2014
--------------------------------------------------------
* Published on 5 December 2014
* Commenced on 5 December 2014
Rajasthan Para-medical Council Rules, 2014
Published vide Notification No. G.S.R. 44, dated 5.12.2014
G.S.R. 44. - In exercise of the powers conferred by sub-section (1) and (2) of section 42 of the Rajasthan Para-medical Council Act, 2008 (Act
No. 25 of 2008
), the State Government hereby makes the following rules for the purpose of carrying out the provisions of the said Act, namely: -
Part I – Preliminary
----------------------
### 1. Short title and commencement.
(1) These rules may be called the Rajasthan Para-medical Council Rules, 2014.
(2) They shall come into force with immediate effect.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires, -
(a) "Act" means the Rajasthan Para-medical Council Act, 2008 (Act
No. 25 of 2008
);
(b) "Council" means the Rajasthan Para-medical Council established under section 3 of the Act;
(c) "Fees" means any fees determined and chargeable by the Rajasthan Para-medical Council;
(d) "Form" means Form appended to these rules;
(e) "Government" means the Government of Rajasthan;
(f) "Member" means member of the Rajasthan Paramedical Council established under the Act;
(g) "President" means President of the Rajasthan Paramedical Council;
(h) "Registrar" means the Registrar of the Rajasthan Paramedical Council appointed under section 15 of the Act;
(i) "Register" means the Register of the Para-medical Professionals maintained by the Council under section 16 of the act;
(j) "Returning Officer" means any officer appointed by the Government for the purpose of an election under section 4 and 5 of the Act;
(k) "Recognized Institution" means any institution permitted by Rajasthan Para-medical Council to run any Para-medical course;
(l) "Registered Para-medical Professional" means any person registered by Rajasthan Para-medical Council under section 17 or 32 of the Act:
(m) "Section" means a section of the Act; and
(n) "Vice President" means Vice President of the Rajasthan Para-medical Council.
(2) Words and expressions used but not defined in these rules but defined in the Act shall have the same meaning as assigned to them in the Act.
Part II – Election of Members
-------------------------------
### 3. Appointment of Returning Officer.
- For the purpose of the election to the office of President, Vice-President and Members, the State Government shall appoint any officer of the Rajasthan Administrative Service as a Returning Officer. The Returning Officer shall be appointed not later than sixty days before the completion of the term of existing President, Vice-President and Members.
### 4. Publication of Notification for election.
- The Returning Officer shall publish in one State level Hindi newspaper and website of the Council or in such other manner, as he may think fit, a notification calling upon the registered Para-medical Professionals of the State to elect the requisite number of members to the Council under clause (i) or teachers of the recognized institutions under clause (iii) of section 4 and shall by such notification, fix a program/time schedule for the various stages according to which the election shall be held, specifying, in particular the following : -
(a) First date, time and place of receiving nomination papers.
(b) Last date, time and place of receiving nomination papers.
(c) Date, time and place for scrutiny of nomination papers.
(d) Last date and time for withdrawal of nomination.
(e) Last date and time for receiving ballot papers in case of polling, i.e. if the number of candidates who have filed their nomination papers, exceeds the number of seats for which the election is to be held.
(f) Date, time and place for counting of ballot papers.
### 5. Time of Publication of Notification.
- Such notification shall be published at least fourteen days before the date fixed in the program, to be the first date for receiving nomination papers.
### 6. Electoral Roll.
(1) The Electoral Roll shall consist of, -
(i) where the election is under clause (i) of section, 4, the list of registered Para-medical Professionals in all its parts, as printed and published under section 27 of the Act corrected up to the date immediately preceding the day on which notification for election is published.
(ii) where the election is under clause (iii) of section 4, the list of teachers of the institutions recognized by the Rajasthan Para-medical Council. Every recognized Para-medical Institution shall intimate to the Registrar, Rajasthan Para-medical Council the names of the teachers and their contact information on roll of the institution at the beginning of the academic session every year within seven days of beginning of the academic session. The Registrar shall hand over consolidated list of all the lists, so received, to the Returning Officer on the day on>which notification for election is published.
(2) Copies of the Electoral Roll shall be made available to any person who desires to obtain copies on payment of a fee of rupees ten per page.
(3) A person whose name is not borne on the Electoral Roll shall not be entitled to participate in the election.
### 7. Nomination Paper.
(1) Every nomination for election of member shall be made in Form-A. Every nomination paper shall be duly filled in and signed by the proposers and candidate.
(2) Proposers shall be persons whose names are borne on the Electoral Roll.
(3) A proposer may propose more than one candidate. A separate nomination paper should be used for each candidate proposed.
(4) A Demand Draft of rupees 3000/- (rupees three thousand), in favour of Registrar, Rajasthan Para-medical Council, shall be enclosed with every nomination paper as security money. The security money shall be forfeited in favour of the Rajasthan Paramedical Council, if the contesting candidate gets less than 5% of the total votes casted.
(5) Every candidate filing nomination shall be required to submit an affidavit to the effect that no criminal case is pending against him in any court of law. If any enquiry pending against him before any authority of the Government, than details of such pending enquiry shall also be stated in the like manner.
(6) The Returning Officer shall issue a receipt of every nomination paper received by him stating time and date of receipt of such nomination paper.
(7) Nomination form shall be issued by Returning Officer on payment of rupees one hundred and record of such nomination papers shall be kept serial wise.
(8) A candidate can fill more than one set of nomination paper.
### 8. Scrutiny of Nomination papers.
(1) On the date and at the time as fixed for the scrutiny of nomination papers, by the notification issued under rule 4, the Returning Officer shall examine all the nomination papers and decide all objections which may be made to any nomination and may, either on such objection or on his own motion, alter such enquiry, if any as he think necessary, and after giving the candidate a reasonable opportunity of being heard decide such objection. The decision of the Returning Officer accepting or rejecting a nomination paper shall be final.
(2) Every candidate, for whom nomination paper has been received, himself or his one representative duly authorized by him in writing, shall be entitled to be present at the time of the scrutiny of nominations papers. The authorization letter shall bear the photo of the person so authorized.
### 9. Withdrawal of Nomination.
(1) A Person who has been duly nominated at any time before the last date and time, so fixed, may withdraw his candidature in writing and thereupon he shall cease to be a candidate for the election.
(2) If more than one set of nomination papers have been filed by a candidate, withdrawal of one set shall be considered withdrawal of candidature and all the nomination papers shall be treated withdrawn.
### 10. Uncontested election.
- On the last date fixed for withdrawal of nomination, if the number of duly nominated candidates is equal to or less than the number of seats for which the election is to be held, the Returning Officer shall declare such candidates as duly elected and if the number of duly nominated candidates is greater than the number of seats for which the election is being held, the Returning Officer shall proceed to obtain the votes in the manner laid down in rule 11.
### 11. Election and declaration of result.
(1) In the case of an election, where votes are to be taken, the Returning Officer shall prepare a final list of contesting candidates immediately after the last date fixed for withdrawal of nomination is over and affix it on the notice board of the office of the Rajasthan Para-medical Council. The names of the duly nominated contesting candidates shall also be published by the Returning Officer in the State level Hindi newspaper or in such other manner, as he thinks fit.
(2) The list referred in sub-rule (1) above shall be prepared in the alphabetical order of English Language.
(3) The Returning Officer shall get ballot papers printed with serial number and names of the contesting candidates in the alphabetical order of English language. If there is more than one candidate of the same name, the father's name shall also be printed and their names shall be arranged in the alphabetical order of father's name.
(4) A ballot paper in Form-B shall be issued to each person whose name is borne on the Electoral Roll referred to in rule 6, by registered post. An identification envelop addressed to the Returning Officer with the particulars specified in Form-C printed on its back shall also be sent along with every ballot paper.
(5) No duplicate copy of ballot paper or identification envelope shall be issued in any circumstances and no election shall be invalidated by reason of the non-receipt of a ballot paper by an elector, or identification envelope.
(6) On receipt of the ballot paper and identification envelope, the elector shall, if he desires to vote in the election, record his vote on the ballot paper in accordance with the instructions printed thereon and fill up the information printed on the back of the identification envelop and shall place the ballot paper in the identification envelope, close the identification envelope and either hand over it to the Returning Officer personally or send it by post. Ballot papers sent otherwise shall not be accepted.
(7) Ballot papers received after the time and date mentioned in the notification referred to in rule 4 or after such other subsequent date as may be fixed by the Returning Officer shall be rejected. Votes recorded in any paper or form other than the ballot paper supplied, shall not be accepted.
(8) Each elector has as many votes as the number of seats for which the election is held, and he shall record his vote by putting a cross-mark in ink against the name of each of the persons for whom he wants to vote in the column provided for it in the ballot paper (Form-B). If he records votes for more persons than the number of seats for which the election is held, his ballot paper shall be rejected. An elector may record his votes for a lesser number of. candidates than the number of seats for which the election is held.
(9) A ballot paper shall not be signed by the elector nor the elector shall write or mark anything on a ballot paper other than the cross-marks to indicate his votes. A ballot paper in which votes have been recorded in contravention of this sub-rule shall be rejected.
(10) A ballot paper in which a mark is placed in such a manner as to make it doubtful to which candidate the vote is given, or in which the elector has placed any mark whereby he may afterwards identified, or in which an alteration or erasure occurs indicating a change of vote, shall be invalid and shall be rejected.
(11) All particulars mentioned on the back of the identification envelope shall be filled in Identification envelopes not so filled up shall not be opened and ballot paper shall not be taken out of it and shall be treated as rejected. The Returning Officer shall put a note on the identification envelop to this effect and sign.
(12) The counting of votes shall take place, in the presence of the Returning Officer, on the date and at the time and place fixed in the notification issued under rule 4 or such other subsequent date as may be fixed in this regard by the Returning Officer.
(13) The contesting candidate may be present in person or send a person authorized by him in writing, to watch the process of the counting of votes but he shall not be authorized to see an identification envelope after the ballot paper in it has been taken out.
(14) After opening the identification envelop, if the ballot paper is not found in it. Returning Officer shall put a note to this effect on the identification envelop and sign.
(15) The Returning Officer shall decide any objection that may be raised at the time of the counting of votes regarding any identification envelope or ballot paper and endorse the word "rejected" and the ground of rejection on every ballot paper or identification envelope containing ballot paper declared invalid and rejected by him.
(16) The Returning Officer shall Count or cause to be counted the valid votes given to each candidate.
(17) When the counting of votes has been completed, the Returning Officer shall declare the candidate or candidates having higher number of valid votes as duly elected.
(18) When two or more candidates get equal votes and the addition of one vote shall entitle any of these candidates to be declared elected, the determination of the person or persons to whom such an additional vote shall be deemed to have been given shall be made by lot to be drawn in the presence of the Returning Officer and in such manner as he may determine.
(19) The Returning Officer shall seal up in separate packets the counted and rejected ballot papers, rejected identification envelops due to non filling of complete information by the voter on the back side of the identification envelop and the rejected identification envelopes containing ballot papers, and record on each such packet description of its contents and the date of the election which it refers.
### 12. Certificate of election.
(1) After declaration of the result of the election, the Returning Officer shall -
(a) prepare and certify a return in Form D setting forth. -
(i) the names of the person or persons declared duly elected;
(ii) total number of identification envelops received;
(iii) total number of identification envelops not opened due to non filling up the particulars on the back side of it;
(iv) total number of identification envelops opened but ballot papers not found in it;
(v) total number of valid votes; and
(vi) total number of rejected votes.
(b) submit the result of election in Form-D to the Government for publication in the Official Gazette;
(c) as soon as may be possible, after a candidate has been declared elected, grant to such candidate a certificate of election in Form-E and obtain from the candidate an acknowledgment of its receipt duly signed by him. It is essential that this acknowledgment is signed by the candidate himself and his signature is attested by the Returning Officer personally. The acknowledgment shall be in the form shown below : -
I................................................... acknowledge the receipt of the certificate of election in Form E in respect of my election result, as member of Rajasthan Para-medical Council, declared on............................
Date.....................
Signature of the Candidate
(d) cause the candidates so elected to take oath in the Form-F and shall give the candidate a certificate to this effect; and
(e) forward all papers relating to the election to the Principal Secretary to the Government in the Medical and Health Department for custody. The Principal Secretary, Medical and Health to the Government shall ensure safe custody of the papers for twelve calendar months.
(2) While in the custody of the Principal Secretary to the Government in the Medical and Health Department packets of ballot papers or identification envelopes referred to in sub-rule (19) of rule 11, shall not be opened and their contents shall not be inspected or produced except under orders of the Government under section 7.
### 13. Completion of election process.
- The whole election process shall be completed before the expiry of term of existing member.
### 14. Election for casual vacancies of member.
(1) Any vacancy occurring otherwise than by efflux of time shall be filled in by holding bye-election in accordance with the provisions of the foregoing rules contained in this pail of these rules.
Part-III Election of President and Vice President
### 15. Meeting for election of President and Vice President.
(1) As soon as may be possible, after the completion of election under section 4 and after the results have been notified in the Official Gazette by the Government, the Registrar shall convene a meeting of the members of the Council for the purpose of election of a President and of a Vice-President of the Council. The members elected to the council and present in the meeting shall bring the certificate of election in Form-E and certificate in Form-F issued by the Returning Officer.
(2) The members present at the meeting, so convened, shall elect one amongst them, who is not a candidate for the office of the President of Vice-President, to be the Chairman of the meeting.
(3) The election of the Chairman of the meeting shall be conducted by the Registrar, who shall have no vote, by ballots taken in such manner as the Registrar may determine. In the case of equality of votes secured by two or more persons proposed as Chairman, the selection of one of them shall be decided by lot in such manner as the Registrar may determine.
### 16. Election of President.
(1) The election of the President shall be held by ballots taken in such manner as the Chairman of the meeting may determine.
(2) The Chairman of the meeting shall not ordinarily exercise any vote in the election of the President but shall, in the case of an equality of votes, exercise a casting vote.
### 17. Election of Vice-President.
- When the President has been elected, he shall, if present at the meeting, conduct the election of the Vice-President. If he/she is not present at the meeting, the Chairman of the meeting elected under rule 15 shall conduct the election of the Vice-President. The remaining provisions of rule 16 shall apply mulatis mutandis in relation to the conduct of the election of the Vice-President.
### 18. Proceeding of meeting for the purpose of election.
- The proceedings of the meeting shall be signed by the President if he/she is present at the meeting otherwise, it shall be signed by the Chairman of the meeting elected under rule 15. A copy of the proceedings together with the names of the elected President and Vice-President shall forthwith be forwarded to the Government for publication of the names in the Official Gazette.
### 19. Election for casual vacancies of the President or Vice-President.
- Any vacancy occurring otherwise than by efflux of time shall be filled by holding bye-election in accordance with the provisions of the foregoing rules contained in this part of these rules.
Part-IV Powers, duties, casual vacancies and re-election
### 20. Powers and duties of President.
- The President shall exercise such powers and perform such duties as are laid down in the Act and these rules, regulations and standing orders of the Council. He shall also perform such duties as he considers necessary in the furtherance of the objects for which the Council is established.
### 21. Vacancy of office of President.
- If the Office of the President is vacant or if the President for any reason, is unable to exercise the powers and perform the duties of his office the Vice-President shall perform the duties and exercise the powers of the President.
Part -V Management of the property of the Council and maintenance and audit of accounts
### 22. Purchase and Disposal of Assets.
- The Council shall have power to purchase, acquire or hold immovable assets as well as movable assets. The Council may also disposs-off the assets, in the interest of the Council.
### 23. Registrar to be in charge of properties.
- The Registrar shall be in-charge of the all properties of the Council and he shall be responsible for proper management of the properties of the Council.
### 24. Opening of account in Bank.
- The Council shall open accounts in the scheduled banks as per requirement. The Council may decide to receive payments through online gateway of bank.
### 25. Signature on Cheques.
- All the payments except payment for imprest, shall be made through cheques and cheques up to rupees one lac shall be signed by Registrar only and all cheques above rupees one lac shall be signed by Registrar and Chairman both.
### 26. Transactions generally by cheque.
- Generally all receipts and payments shall be made by cheque/demand draft/ online gateway only. In exceptional cases, decided by Registrar, transactions can be made in cash also.
### 27. Surplus funds.
- Any surplus funds with the Council shall be kept in fixed deposit in any scheduled bank.
### 28. Accounts of the Council.
- Accounts of the Council shall be prepared from 1st April to 31st March every year and -
(i) books of accounts as per relevant accounts rules shall be maintained with appropriate heads and all receipts and expenditure shall be entered therein.
(ii) the Registrar shall be allowed a permanent advance of a certain amount as may be decided by the Council as imprest cash for petty expenses, for which a separate book shall be maintained.
(iii) the expenditure incurred on account of such petty expenses shall be recouped from time to time by drawing from the Bank, and shall be entered in the Cash Book and the Ledger. Bills for such recoupment shall be passed by the appropriate authority specified in rule 25.
### 29. Expenditure to be as per budget.
- No expenditure shall be incurred unless it has been provided for in the Budget approved by the Council and unless the necessary funds are available. Emergency expenditure necessitated by circumstances not foreseen may be allowed by the President to be incurred in anticipation of the approval of the Council, provided funds are available to meet the expenditure.
### 30. Budget of the Council.
- In the month of September every year, the Registrar shall prepare a statement of receipts and expenditure during the first five months of the financial year and an estimate for the next 7 months, and also an estimate for the budget for the year commencing on the 1st April next. These shall be placed before the Council and the Council forthwith shall decide what financial aid from the Government, if any. shall be asked for in order to enable it to carry on the functions of the Council.
### 31. Supplementary estimate.
- The Council may at any time during the year for which any estimate had been sanctioned cause a supplementary estimate to be prepared and submitted to it. Every such supplementary estimate shall be considered and sanctioned by the Council, in the same manner as if it were an original annual estimate.
### 32. Audit of accounts.
- The accounts of the Council shall be audited once in every year by auditors appointed by the Council, and the Audit Report shall be considered by the Council, in its meeting following the submission of the Report. The audit report shall be submitted to the Council by the Auditor appointed on or before the date, so fixed by the Council. A copy of the audit report shall also be sent to the Government by the Council.
Part- VI General
### 33. Logo of the Council.
- The Rajasthan Para-medical Council can get a logo prepared and after adopting, this LOGO car be used on the official papers of the Council.
### 34. Reference to the Government.
- If any question arises as to the interpretation or application of these rules or the validity of any election, the same shall be referred to the Government whose decision thereon shall be final.
### 35. Note of decent by registrar.
- The Registrar shall put a note of decent on the decision taken by the Council and send it to the State Government for decision, if he/she feels that the decision taken by the Council is contrary to the financial rules and provisions of the Act and prevailing laws or against the interest of the council.
### 36. Appointment of employees.
- The Council shall appoint employees on the permanent basis with the prior approval of the Government. The Council may obtain staff from any Government Department or any autonomous body on deputation, or on casual basis through any placement agency authorized by the State Government. The services of retired government employees may also be hired by the Council with the approval of the Government.
### 37. Perks to President and Vice President and Members.
- President, Vice-President and Members of the Council shall not be entitled to receive any salary or remuneration including house rent allowance but they shall be entitled to get allowances as may be fixed by the Council for attending the meetings of the Council or committee.
Form -A
Nomination Paper
(See rule 7)
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1.
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Name of proposer (in full as
registered)...........................
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Passport SizeColour Photo
(Self attested)
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Father's
Name...................................................................
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3.
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Age...................................................................................
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4.
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Registration
number.........................................................
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5.
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Residence
Address...........................................................
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6.
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Office
Address.................................................................
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7.
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Name of the Candidate
Proposed....................................
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I................................(Name in full) a registered Para-Medical Professional in Rajasthan with registration number..............propose the above named candidate for election as member of the Rajasthan Para-medical Council \*from registered Para-medical professionals/teachers of the recognized institutions.
Date.............
Signature (in full) of proposer
(FIRST) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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1.
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Name of proposer (in full as
registered)...........................
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Passport SizeColour Photo
(Self attested)
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2.
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Father's
Name...................................................................
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3.
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Age...................................................................................
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4.
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Registration
number.........................................................
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5.
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Residence
Address...........................................................
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6.
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Office
Address.................................................................
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7.
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Name of the Candidate
Proposed....................................
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I................................(Name in full) a registered Para-Medical Professional in Rajasthan with registration number..............propose the above named candidate for election as member of the Rajasthan Para-medical Council \*from registered Para-medical professionals/teachers of the recognized institutions.
Date.............
Signature (in full) of proposer
(SECOND) \*Score out the words not applicable.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Declaration by the candidate nominated
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Passport SizeColour Photo
(Self attested)
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I..........................hereby declare that I agree to this nomination. I am a registration Para-Medical Professional in Rajasthan with registration number.........................and that my address is -
Residence.........................
Office............................
Date...................
Signature (in full) of the candidate Name (in full) of the candidate
Receipt for Nomination Paper and Notice of Scrutiny
(To be handed over to the person presenting the Nomination Paper)
Serial No. of nomination paper....................
The nomination paper of.....................a candidate for election was delivered to me at my office
at..................(hour) on.................... (date) by the candidate/proposer.
All nomination papers will be taken up for scrutiny at...................... (hour) On..............................(date) at..................
Signature of Returning Officer
Form-B
Ballot Paper
[See rule 11(4) ]
Serial No. ..............
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S. No.
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Name and Registration no. of contesting
candidate
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Mark by Voter
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2
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3
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Directions for voters: -
### 1. Every voter should put a cross mark (X) in ink in column 3 against the name of each person, the voter wants to votes for No other mark, writing or signature, shall be put on ballot paper. ###
2. Every voter can record vote to a maximum number of ............contesting candidates. If you record vote more than.........contesting candidates your vote will be rejected.
### 3. Every voter can vote for less than ............candidate, if he so wishes. ###
4. The ballot paper thus marked with cross mark should be put the identification envelop and envelop with the ballot paper shall then be returned to the Returning Officer either by post, or hand over it to the Returning Officer personally. Ballot paper sent otherwise shall not be accepted. It shall be reached to the Returning Officer on or before the.......(time) ..............(date)
### 5. The information on the back of the identification envelope shall be filled up in all particulars mentioned in the form printed thereon. Identification envelopes not so filled up, the ballot papers contained therein shall be rejected; Form-C
Information on the back of identification envelop
[See rule 11(4) ]
Number...........................(As stamped on the ballot paper).
I...................(Name in full of the Undersigned and the person to whom the enclosed ballot paper was addressed), affirm that my name is included in the register of registered Para-Medical Professional in Rajasthan Para-medical Council with registration number...............; and that I have not marked any other ballot paper of this electorate for this election.
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Address......................
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Signature (in full)
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Date.........................
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Form-D
Result sheet
[See rule 12(1) (a)]
Result Sheet of election as member of the Rajasthan Para-medical Council \*from registered Para-medical professionals/teachers of the recongnized institutions.
\*(Score out the words not applicable)
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S. No
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Name of candidate with registration No.
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Number of valid votes recorded in favour of
the candidate
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3
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### 1. Total no of identification envelops received................. ###
2. Total no of identification envelops not opened due to non filling up the particulars on the back side of it.................
### 3. Total no of identification envelops opened but ballot papers not found in it.............. ###
4. Total number of valid votes.................
### 5. Total number of rejected votes................ I declare that -
### 1. .............(Name) .....................(Registration no.)
### 2. .............(Name) .....................(Registration no.)
### 3. .............(Name) .....................(Registration no.)
### 4. .............(Name) .....................(Registration no.)
### 5. .............(Name) .....................(Registration no.)
### 6. .............(Name) .....................(Registration no.)
have been duly elected as the member of Rajasthan Para-medical Council.
(Signature) Returning Officer
Date.....................
Form-E
Certificate of Election
[See rule 12(1) (c)]
This to certify that Mr./Mrs/Ms .....................................(Name) S/O, W/o, D/o.................................................(Address) bearing registration no.....................has been duly elected as Member of Rajasthan Para-Medical Council under section clause (i)/clause(iii) of section 4 of the Act on .....................(date).
(Signature) Full NameReturning Officer
Form-F
From of Oath or Affirmation
[See rule 12(1) (d)]
I ................................................ having been elected as Member of Rajasthan Para-medical Council do swear in the name of the Gold/Solemnly affirm that I will bear true faith and allegiance to the constitution of India as by law established and that I will uphold the sovereignty and integrity of India and will bear all the responsibilities given by law as member of Rajasthan Para-medical Council.
Signature and name of the Member
Sworn in the name of God/Solemnly affirmed by Mr./Mrs./Ms.........................at .........................(Place) at................(hour) this the.................. day of ...............20 .........before me.
Signature of Returning Officer Name and Seal
|
65ba554fab84c7eca86eafe8 | acts |
State of Tamilnadu- Act
-------------------------
Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996
---------------------------------------------------------------------------
TAMILNADU
India
Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996
===========================================================================
Act 40 of 1996
----------------
* Published on 24 December 1996
* Commenced on 24 December 1996
Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996
(Central Act
40 of 1996
)
Published in Part II - Section 1, Issue No. 70, of the Gazette of India, Extraordinary, dated the 24th December 1996.
The following Act of Parliament received the assent of the President on the 24th December 1996 and is hereby published for general information: -
An Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas.
Be it enacted by Parliament in the Forty-seventh Year of Republic of India as follows: -
### 1. Short title.
- This Act may be called the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996.
### 2. Definition.
- In this Act, unless the context otherwise requires, "Scheduled Areas" means the Scheduled Areas as referred to in clause (1) of Article 244 of the Constitution.
### 3. Extension of Part IX of the Constitution.
- The provisions of Part IX of the Constitution relating to Panchayats are hereby extended to the Scheduled Area subject to such exceptions and modifications as are provided in section 4.
### 4. Exceptions and modifications to Part IX of the Constitution.
- Notwithstanding anything contained under Part IX of the Constitution, the Legislature of a State shall not make any law under that Part which is inconsistent with any of the following features, namely: -
(a) a State Legislation on the Panchayats that may be made shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources;
(b) a village shall ordinarily consist of a habitation or a group of habitation or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs;
(c) every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level;
(d) every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution;
(e) every Gram Sabha shall -
(i) approve the plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Panchayat at the village level;
(ii) be responsible for the identification or selection of persons as beneficiaries under the poverty alleviation and other programmes;
(f) every Panchayat at the village level shall be required to obtain from Gram Sabha a certification of utilisation of funds by that Panchayat for the plans, programmes and projects referred to in clause (e);
(g) the reservation of seats in Scheduled Areas at every Panchayat shall be in proportion to the population of the communities in that Panchayat for whom reservation is sought to be given under Part IX of the Constitution:
Provided that the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seats:
Provided further that all seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes;
(h) the State Government may nominate persons belonging to such Scheduled Tribes as have no representation in the Panchayat at the intermediate level or the Panchayat at the district level:
Provided that such nomination shall not exceed one-tenth of the total members to be elected in that Panchayat;
(i) the Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before re-settling or rehabilitating persons affected by such projects in the Scheduled Areas; the actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the State level;
(j) planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Panchayats at the appropriate level;
(k) the recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be made mandatory prior to grant of prospecting licence or mining lease for minor minerals in the Scheduled Areas;
(l) the prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall be made mandatory for grant of concession for the exploitation of minor minerals by auction;
(m) while endowing Panchayats in the Scheduled Areas with such powers and authority as may be necessary to enable them to function as institutions of self-Government, a State Legislature shall ensure that the Panchayats at the appropriate level and the Gram Sabha are endowed specifically with -
(i) the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant;
(ii) the ownership of minor forest produce;
(iii) the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe;
(iv) the power to manage village markets by whatever name called;
(v) the power to exercise control over money-lending to the Scheduled Tribes;
(vi) the power to exercise control over institutions and functionaries in all social sectors;
(vii) the power to control over local plans and resources for such plans including tribal sub-plans;
(n) the State Legislations that may endow Panchayats with powers and authority as may be necessary to enable them to function as Institution of self-Government shall contain safeguards to ensure that Panchayats at the higher level do not assume the powers and authority of any Panchayat at the lower level or of the Gram Sabha;
(o) the State Legislature shall endeavour to follow the pattern of the Sixth Schedule to the Constitution while designing the administrative arrangements in the Panchayats at district levels in the Scheduled Areas.
### 5. Continuance of existing laws and Panchayats.
- Notwithstanding anything in Part LX of the Constitution with exceptions and modifications made by this Act, any provision of any law relating to Panchayats in force in the Scheduled Areas immediately before the date on which this Act receives the assent of the President which is inconsistent with the provisions of Part LX with such exceptions and modifications shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from the date on which this Act receives the assent of the President:
Provided that all the Panchayats existing immediately before such date shall continue till the expiration of their duration unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having Legislative Council, by each House of the Legislature of that State.
|
65ba7737ab84c7eca86eb7b6 | acts |
Union of India - Act
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The Public Provident Fund Act, 1968
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UNION OF INDIA
India
The Public Provident Fund Act, 1968
=====================================
Act 23 of 1968
----------------
* Published in Gazette 23 on 1 January 1980
* Assented to on 1 January 1980
* Commenced on 1 January 1980
The Public Provident Fund Act, 1968
### 1. Short title and extent.—
(1) This Act may be called the Public Provident Fund Act, 1968.
(2) It extends to the whole of India.
### 2. Definitions.—
In this Act, unless the context otherwise requires,—
(a) “Fund” means the Public Provident Fund established under the Scheme;
(b) “minor” means a person who is not deemed to have attained majority under the Indian Majority Act, 1875 (9 of 1875);
(c) “Scheme” means the Public Provident Fund Scheme framed under sub- section (1) of section 3;
(d) “subscriber” means an individual who makes subscription to the Fund under section 4 and where such subscription is made by an individual on behalf of a minor, of whom he is the guardian, such minor;
(e) “year” means the financial year.
### 3. Public Provident Fund Scheme.—
(1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Public Provident Fund Scheme for the establishment of a provident fund for the general public and there shall be established, as soon as may be after the framing of the Scheme, a Fund in accordance with the provisions of this Act and the Scheme.
(2) Subject to the provisions of this Act, the Scheme may provide for all or any of the matters specified in the Schedule.
(3) The Scheme shall have effect notwithstanding anything contained in any law for the time being in force other than this Act or in any instrument having effect by virtue of any law other than this Act.
(4) The Central Government may, from time to time, by notification in the Official Gazette, add to, amend or vary the Scheme.
### 4. Subscriptions to Fund.—
Any individual may, on his own behalf or on behalf of a minor, of whom he is the guardian, subscribe to the Fund in such manner and subject to such maximum and minimum limits as may be specified in the Scheme.
### 5. Interest.—
All subscription made under section 4 shall bear interest at such rate as may be notified by the Central Government in the Official Gazette, from time to time, and the interest shall be calculated in such manner as may be specified in the Scheme.
### 6. Withdrawals.—
(1) A subscriber shall be entitled to make withdrawals from the amount standing to his credit in the Fund (including any interest accrued thereon) to such extent and subject to such terms and conditions as may be specified in the Scheme:
Provided that such withdrawals shall be allowed only after the expiry of a period of five years from the end of the year in which he makes the initial subscription to the Fund.
(2) Notwithstanding anything contained in sub-section (1), a subscriber shall be entitled to withdraw the entire balance standing to his credit in the Fund after the expiry of a period of fifteen years from the end of the year in which he makes the initial subscription to the Fund.
(3) Subject to the provisions of sub-sections (1) and (2), an individual who has made subscriptions to the Fund on behalf of a minor, of whom he is the guardian, shall be entitled to withdraw any amount from the Fund only for the use of the minor.
### 7. Grant of loans.—
A subscriber may be granted loans out of the amount standing to his credit in the Fund on such terms and conditions as may be specified in the Scheme and where the subscriber is a minor, such loans shall be granted to his guardian only for the use of the minor.
### 8. Payment on death of subscriber.—
(1) If a subscriber dies and there is in force at the time of his death a nomination in favour of any person, all amounts standing to his credit in the Fund shall be payable to the nominee.
(2) Where the nominee is a minor, the amounts referred to in sub-section (1) shall be payable to any guardian of the property of the minor appointed by a competent court, or where no such guardian has been so appointed, to either parent of the minor, or where neither parent is alive, to any other guardian of the minor.
(3) Where there is no nomination in force at the time of the death of the subscriber, the amounts referred to in sub-section (1) shall be payable to his legal heirs.
### 9. Protection against attachment.—
The amount standing to the credit of any subscriber in the Fund shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the subscriber.
### 10. Protection of action taken in good faith.—
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or the Scheme.
### 11. Power to remove difficulties.—
(1) If any difficulty arises in giving effect to the provisions of this Act or the Scheme, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for the removal of the difficulty:
Provided that no such order shall be made after the expiration of three years from the 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 Parliament.
### 12. Scheme to be laid before Parliament.—
The Scheme shall be laid, as soon as may be, after it is framed before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in any provision of the Scheme or both Houses agree that any provision in the Scheme should not be made, the provision of the 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 provision.
[See section 3 (2) ]
---------------------
Matters for which provision may be made in the Scheme—
(1) The manner in which subscriptions to the Fund may be made and the maximum and minimum limits of such subscriptions.
(2) The manner in which interest on subscriptions to the Fund may be calculated.
(3) The documents to be issued to subscribers as evidence of the subscriptions made by them to the Fund.
(4) The extent to which and the terms and conditions under which withdrawals may be made by subscribers from the amount standing to their credit in the Fund.
(5) The authority or authorities by or through whom subscriptions to the Fund may be collected or withdrawals therefrom may be made.
(6) The terms and conditions under which loans may be granted to subscribers out of the amounts standing to their credit in the Fund and the authority or authorities by whom such loans may be granted.
(7) The accounts to be maintained with respect to subscriptions to the Fund, and withdrawals and final payment made and loans granted therefrom and the authority or authorities by whom such accounts shall be maintained.
(8) The nomination of any person to receive the amount standing to the credit of a subscriber in the Fund in the event of his death and the cancellation or change of such nomination.
(9) The issue of duplicate of any document issued as evidence of any subscription to the Fund in the event of damage, loss or destruction of the original and the fee on the payment of which such duplicate may be issued.
(10) Any other matter which is to be provided for in the Scheme or which may be necessary or proper for the purpose of implementing the Scheme.
|
65b9841fab84c7eca86e9474 | acts |
State of Punjab - Act
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The Central Sales Tax (Registration and Turnover) Rules, 1957
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PUNJAB
India
The Central Sales Tax (Registration and Turnover) Rules, 1957
===============================================================
Rule THE-CENTRAL-SALES-TAX-REGISTRATION-AND-TURNOVER-RULES-1957 of 1957
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* Published on 28 February 1957
* Commenced on 28 February 1957
The Central Sales Tax (Registration and Turnover) Rules, 1957
Published vide in the Gazettee of India Extraordinary Part 2 dated 28-2-1957 vide Notification S.R.O. No. 644. Dated 28-2-1957
In exercise of the powers conferred by sub-section (1) of section 13 of the Central Sales Tax Act, 1956 (74 of 1956), the Central Government hereby makes the following rules, namely :. -
### 1. These Rules may be called the Central Sales Tax (Registration and Turnover) Rules, 1957.
### 2. In these rules, unless the context otherwise requires :-
(a) 'Act' means the Central Sales Tax Act, 1956;
(aa) 'Authorised officer' means an officer authorised by the Central Government under clause (b) of sub-section (4) of section 8;
(aaa) 'Company' means a company as defined in section 3 of the Companies Act, 1956 (1 of 1956), and includes a foreign company within the meaning of section 591 of that Act;
(b) 'Form' means a form appended to these rules;
(c) 'Notified authority' means the authority specified under sub- section (1) of section 7;
(cc) 'Prescribed authority' means the authority empowered by the Central Government under sub-section (2) of section 9, or the authority prescribed by a State Government under clause (e) of sub-section (4) of section 13, as the case may be;
(d) 'Section' means a section of the Act;
(e) 'Warehouse' means any enclosure, building or vessel in which a dealer keeps a stock of goods for sale.
Certificate of Registration
### 3. (1) An application for registration under section 7 shall be made by a dealer to the notified authority in Form 'A' and shall be :-
(a) signed by the proprietor of the business, or, in the case of a firm, by one of its partners, or, in the case of a Hindu Undivided Family, by the Karta or manager of the family, or, in the case of a company, by a director, managing agent or principal officer thereof, or, in the case of a Government, by an officer duly authorised by that Government, or, in the case of any other association of individuals, by the principal officer managing the business; and
(b) verified in the manner provided in the said Form 'A'.
(2) Where a dealer has more than one place of business within a State, he shall make a single application in respect of all such places, name in such application, one of such places as the principal place of business for the purposes of these rules and submit such application to the notified authority specified in respect of the principal place of business so named :
Provided that any 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, by whatever name called, under the general sales tax law of the State.
### 4. (1) An application for registration under sub-section (1) of section 7 shall be made not later than thirty days from the date on which the dealer becomes liable to pay tax under the Act.
(2) An application for registration under sub-section (2) of section 7 may be made at any time after the commencement of the Act.
(3) A fee of Rs. 25 shall be payable in respect of every application for registration under sub-rule (1) or sub-rule (2); and such fee may be paid in the form of court-fee stamps affixed to such application.
### 5. (1) When the notified authority is satisfied, after making such enquiry as it thinks necessary, that the particulars contained in the application are correct and complete and the fee referred to in sub-rule (3) of rule 4 has been paid, it shall register the dealer and grant him a certificate of registration in Form 'B' and also a copy of such certificate for every place of business within the State other than the principal place of business mentioned therein.
(2) When the said authority is not satisfied that the particulars contained in the application are correct and complete, or where the fee referred to sub-rule (3) of rule 4 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 an opportunity of being heard in the matter and, as the case may be, of correcting and completing the said particulars or complying with the requirements of sub-rule (3) of rule 4.
### 6. The certificate of registration granted under sub-rule (1) of rule 5 shall be kept at the principal place of business mentioned in such certificate and a copy of such certificate granted under the said sub-rule shall be kept at every place of business within the State other than the principal place of business, mentioned in such certificate.
### 7. (1) Where a dealer desires the certificate of registration granted to him under these rules to be amended, he shall submit an application for this purpose to the notified authority setting out the specific matters in respect of which he desires such amendment and the reasons therefore, together with the certificate of registration and the copies thereof, if any, granted to him; and such authority may, if satisfied with the reasons given, make such amendments, as it thinks necessary, in the certificate of registration and the copies thereof, if any, granted to him.
(2) The provisions of rule 6 shall apply in relation to such amended certificate and copies thereof, as they apply in relation to the original certificate and copies thereof.
### 8. (1) Where the certificate of registration granted to a dealer is lost, destroyed, defaced or mutilated, he may on application made in this behalf to the notified authority and on payment of a fee of five rupees obtain a duplicate copy of such certificate.
(2) The fee payable under sub-rule (1) shall be paid in the form of court fee stamps.
Amendment or Cancellation of Certificate of Registration
### 9. (1) A notified authority shall, before amending, or cancelling, as the case may be, the certificate of registration of a dealer under sub-section (4) of section 7, give him an opportunity of being heard in the matter.
(2) If the certificate of registration is proposed to be amended, the dealer shall forthwith produce to the notified authority, the certificate of registration and the copies thereof, if any, granted to him, for having them amended.
(3) If the certificate of registration is cancelled, the dealer shall forthwith surrender to the notified authority the certificate of registration and the copies thereof, if any, granted to him.
### 10. If any dealer desires to apply under sub-section (5) of Section 7 for the cancellation of his registration, he shall submit within the time, specified in that sub-section to the notified authority an application in that behalf together with the certificate of registration and copies thereof, if any, granted to him; and such application shall be dealt with in accordance with the provisions of that sub-section.
Determination of Turnover
### 11. (1) The period of turnover in relation to any dealer liable to pay tax under this Act shall be the same as the period in respect of which he is liable to submit returns under the general Sales Tax Law of the appropriate State:
Provided that in relation to a dealer who is not liable to submit returns under the general Sales Tax Law of the appropriate State, the period of turnover shall be a quarter ending on the 30th June, 30th September, 31st December and 31st March, as the case may be, in the financial year.
(2) Omitted by GSR 1362, Notification No. F-8/23/69 St. dated 9th June, 1969.
[Provisions of Rule 11(2) enacted in section 8-A of the Act]
### 12. (1) The declaration and the certificate referred to in sub-section (4) of section 8 shall be in Forms 'C' and 'D' respectively :
Provided that Form 'C' in force before the commencement of the Central Sales Tax (Registration and Turnover) (Amendment) Rules, 1974, or before the commencement of the Central Sales Tax (Registration and Turnover) (Amendment) Rules, 1976, may also be used up to the 31st December, 1980 with suitable modifications:
Provided further that no single declaration or certificate shall cover more than one transaction of sale, except in cases where the total amount of sales made in a financial year, covered by one declaration or certificate, is equal to or less than Rupees One Lakh or such other amount as the Central Government may, by a general order, notify in the Official Gazette.
Provided also that where, in the case of any transaction of sale, the delivery of goods is spread over to different financial years it shall be necessary to furnish a separate declaration or certificate in respect of goods so delivered in each financial year.
(2) Where a blank or duly completed form of declaration is lost, whether such loss occurs while it is in the custody of the purchasing dealer or in transit to the selling dealer, the purchasing dealer shall furnish in respect of every such form so lost, an indemnity bond in Form G to the notified authority from whom the said form was obtained, for such sum as the said authority may, having regard to the circumstances of the case, fix. Such indemnity bond shall be furnished by the selling dealer to the notified authority of his State if duly completed form of declaration received by him is lost, whether such loss occurs while it is in his custody or while it is in transit to the notified authority of his State:
Provided that where more than one form of declaration is lost, the purchasing dealer or the selling dealer, as the case may be, shall furnish one such indemnity bond to cover all the forms of declaration so lost.
(3) Where a declaration form furnished by the dealer purchasing the goods or certificate furnished by the Government has been lost, the dealer selling the goods may demand from the dealer who purchased the goods or, as the case may be, from the Government, which purchased the goods, a duplicate of such form or certificate and the same shall be furnished with following declaration recorded in red ink and signed by the dealer or authorised officer of the Government, as the case may be, on all the three portions of such form or certificate :-
"I hereby declare that this is the duplicate of the declaration form/certificate No....... signed on ....... and issued to ........ who is registered dealer of .......... (State) and whose registration certificate No. is .........".
(4) The certificate referred to in sub-section (2) of section 6 shall be in Form 'E-I' or Form 'E-II', as the case may be.
(5) The declaration referred to in sub-section (2) of section 6-A shall be in Form 'F':
Provided that a single declaration may cover transfer of goods, by a dealer, to any other place of his business or to his agent or principal, as the case may be, effected during a period of one calendar month :
Provided further that if the space provided in Form 'F' is not sufficient for making the entries, the particulars specified in Form 'F' may be given in separate annexures attached to that form so long as it is indicated in the form that the annexures form part thereof and every such annexure is also signed by the person signing the declaration in Form 'F' :
Provided further that Form 'F' in force before the commencement of Central Sale Tax (Registration and Turnover) (Second Amendment) Rules, 1973, may continue to be used up to 31st December, 1980 with suitable modifications.
(6) Form 'C' referred to in sub-rule (1), or as the case may be, Form 'F' referred to in sub-rule (5), shall be the one obtained by the purchasing dealer or , as the case may be, the transferee in the State in which the goods covered by such form are delivered.
Explanation. - Where, by reason of the purchasing dealer not being registered under section 7 in the State in which the goods covered by Form 'C' referred to in sub-rule (1) are delivered; he is not able to obtain the said form in that State, Form 'C' may be the one obtained by him in the State in which he is registered under the said section.
(7) The declaration in Form 'C' or Form 'F' or the certificate in Form E-I or Form E-II shall be furnished to the prescribed authority up to the time of assessment by the first assessing authority :
Provided that if the prescribed authority is satisfied that the person concerned was prevented by sufficient cause from furnishing such declaration or certificate within the aforesaid time, that authority may allow such declaration or certificate to be furnished within such further time as that authority may permit.
(8) (a)
The person referred to in clause (a) of sub-rule (1) of rule 3 shall alone be competent to sign the declaration in Form 'C' or Form 'F' or the certificate in Form 'E-I' or Form 'E-II':
Provided that where a such person is a proprietor of any business or a partner of a firm or a Karta or manager of a Hindu Undivided Family, any other person authorised by him in writing may also sign such declaration or certificate :
Provided further that in the case of a company, such declaration or certificate can also be signed by any other officer of the company authorised under the Memorandum or Articles of Association of the company or under any other special or general resolution of the company or under a resolution passed by the Board of Directors of the company, to authenticate any document on behalf of such company.
(b) Such person shall signify on such declaration or certificate his status and shall make a verification in the manner provided in such declaration or certificate.
(9) (a)
The provisions of sub-rule (2) and sub-rule (3) shall, with necessary modifications, apply to the declaration in Form 'F' or the certificate in Form 'E-I' or Form 'E-II'.
(b) The provisions of the second and third provisos to sub-rule (1) shall, with necessary modifications, apply to certificates in Form 'E-I or E-II'.
(10) (a)
A dealer may in support of his claim that he is not liable to pay tax under this Act in respect of any sale of goods on the ground that the sale of such goods is a sale in the course of export of these goods out of the territory of India within the meaning of sub-section (3) of Section 5, furnish to the prescribed authority a certificate in Form 'H' duly filled and signed by the exporter alongwith the evidence of export of such goods.
(b) The provisions of the rules framed by the respective State Governments under sub-sections (3), (4) and (5) of section 13 relating to the authority from whom and the conditions subject to which any form of certificate in Form 'H' may be obtained, the manner in which such form shall be kept in custody and records relating thereto maintained and the manner in which any such forms may be used and any such certificate may be furnished in so far as they apply to declaration in Form 'C' prescribed under these rules shall mutatis mutandis apply to certificate in Form 'H'.
The monetary limit of 'C' form has been increased form Rs. 25,000/- to Rs. 1,00,000/- by Notification No. GSR 504, dated 30th Sept., 1993 published in Government Gazette dated 16th Oct., 1993. Excise & Taxation Commissioner (Pb.) has issued a clarification vide its letter No. VK -5-94/3655-7 dated 22.6.94 by which it has been clarified that 'C' forms issued after 16.10.1993 will cover transactions upto Rs. 1,00,000/- although these transactions relate to the period before 16.10.1993.
Prescription of Goods for Certain Purposes
### 13. The goods referred to in clause (b) of sub-section (3) of section 8 which a registered dealer may purchase, shall be goods intended for use by him as raw materials, processing materials, machinery, plant, equipment, tools, stores, spare parts, accessories, fuel or lubricants, in the manufacture or processing of goods for sale or in mining, or in the generation or distribution of electricity or any other form of power.
### 14. If any person commits a breach of any of these rules, he shall be punishable with fine which may extend to five hundred rupees and when the offence is a continuing offence, with a daily fine which may extend to fifty rupees for every day during which the offence continues.
|
65b9759aab84c7eca86e91f9 | acts |
State of Punjab - Act
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Consumer Protection (Punjab) Rules, 1987
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PUNJAB
India
Consumer Protection (Punjab) Rules, 1987
==========================================
Rule CONSUMER-PROTECTION-PUNJAB-RULES-1987 of 1987
----------------------------------------------------
* Published on 1 January 1987
* Commenced on 1 January 1987
Consumer Protection (Punjab) Rules, 1987
Published vide Punjab Gazette, (Extraordinary) , Legislative Supplement, Part 3, dated November 17, 1987
### 1. Short title and extent.
(1) These rules may be called the Consumer Protection (Punjab) Rules, 1987.
### 2. Definitions
- In these rules, unless the context otherwise requires;
(a) "Act" means the Consumer Protection Act, 1986 (Central Act No. 68 of 1986);
(b) "agent" means a person duly authorised by a party to present any complaint or appeal or reply on its behalf before the State Commissioner or the District Forum ;
(c) "appellant" means a party which makes an appeal against the order of the District Forum;
(d) "memorandum" means memorandum of appeal filed by the appellant;
(e) "opposite party" means a person who answers complaint, or claim;
(f) "respondent" means the person who answers any memorandum of appeal; and
(g) "State" means the State of Punjab;
(h) "Section" means a section of the Act.
### 3. Salaries and other allowance and terms and conditions of the President and Members of the District Forum under sub-section (3) of section 10 of the Consumer Protection Act, 1986 [Section 10(3)].
- [(1) The President of a District Forum,]
[Substituted vide Punjab Government Gazette Legislative Supplement Part III, dated 3.8.93.]
-
(a) if appointed on whole-time basis, shall draw his pay in the grade of pay admissible to a Judge of District Court; and
(b) if appointed on part-time basis, shall be paid on honorarium of two hundred rupees per day for the sitting of the District Forum.
(1A)
The Members of the District Forum other than the President, -
(a) if appointed on whole-time basis, shall be paid a consolidated honorarium of four thousand rupees per mensem; and
(b) if appointed on part-time basis, shall be paid an honorarium of one hundred and fifty rupees per day for the sitting of the District Forum.]
(2) The president and the members of the District Forum shall be entitled for such travelling allowance and daily allowance on official tour as are admissible to class I officers of the State Government.
(3) The salary, honorarium and other allowances shall be defrayed out of the Consolidated Fund of the State Government.
(4) Before appointment, the president and members of the District Forum shall have to given an undertaking that he does not and will not have any such financial or other interests as is likely to affect prejudicially his functions as such.
(5) In addition of provisions of sub-section (2) of section, the State Government may remove from the office, the president and members of a District Forum who, -
(a) [ has failed to attend five sittings of the forum in a calendar month.]
[Added by Punjab Government Gazette Legislative Supplement Part III, dated 3.7.1992.]
(aa) has been adjudged an insolvent;
(b) has been convicted of an offence, which in the opinion of the State Government, involves moral turpitude;
(c) has become physically or mentally incapable of acting as such member; or
(d) has acquired such financial or other interest as are likely to affect prejudicially his functions as a member;
(e) has so abused his position as to render his continuance in office, prejudicial to the public interest:
Provided that the president or a member shall not be removed from his office on the grounds specified in clauses (d) and (e) except on an inquiry held by the State Government in accordance with such procedure as it may specify in this behalf and finds the President on the member to be guilty of such ground.
(6) The terms and conditions of the service of the president and the members of the District Forum shall not be varied to their disadvantage during their tenure of office.
(7) Where any vacancy occurs in the office of President of the District Forum, the senior-most (in order of appointment) member of District Forum holding office for the time being, shall discharge the functions of the president until a person appointed to fill such vacancy assumes the office of the President of the District Forum.
(8) When the president of the District Forum is unable to discharge the functions owing to absence, illness or any other cause, the senior-most (in order of appointment) member of the District Forum shall discharge the functions of the president until the day on which the president resumes the charge of his functions.
(9) The president or any member ceasing to hold office as such shall not hold any appointment in or be connected with the management or administrative of an organisation which have been the subject of any proceedings under the Act during his tenure for a period of 5 years from the date on which he ceases to hold such office.
### 4. Place of sitting and other matters relating to District Forum section 14(3) sub-section (3) of Section 14 of C.P.A. 1986.
(1) The office of the District Forum shall be located at the headquarter of the District. Where State Government decided to establish a single District Forum having jurisdiction over more than one District, it shall notify the place and jurisdiction of the District Forum so established.
(2) The working days and the office hours of the District Forum shall be the same as that of the State Government.
(3) The official seal and emblem of the District Forum shall be such as the State Government may spccify.
(4) Sitting of the District Forum, as and when necessary, shall be convened by the president.
(5) No act or proceedings of the District Forum shall be invalid by reason only of the existence of any vacancy among its members or any defect in its constitution.
(6) The State Government shall appoint such staff, as may be necessary to assist the District Forum in its day of day work and preform such other functions as are provided under these rules, or assigned to it by the President. The salary payable to such staff shall be defrayed out of the Consolidated Fund of the State Government.
(7) Where the opposite party admits the allegation made by the complainant, the District forum shall decide the complaint on the basis of the merit of the case and documents present before it.
(8) If during the proceedings conducted under section 13, the District Forum fixes a date for hearing of the parties, it shall be obligatory on the complainant and opposite party or its authorised agent to appear before the District Forum on such date of hearing or any other date to which hearing could be adjourned. Where the complainant or his authorised agent fails to appear before the District Forum on such day, the District Forum may in its discretion either dismiss the complaint for default or decide it on merit. Where the opposite party or its authorised agent fails to appear on the day of hearing, the District Forum may decide the complaint ex parte.
(9) While proceedings under sub-rule (8), the District Forum may, on such terms as it may think fit and at any stage, adjourn the hearing of the complaint but not more than one adjournment shall ordinarily be given and the complaint shall be decided within ninety days from the date of the notice received by the opposite party where complaint does not require analysis or testing of the goods and within one hundred and fifty days if it requires analysis or testing of the goods.
(10) Order of the District Forum shall be signed and dated by the members of the District Forum constituting the Bench and shall be communicated to the parties free of charge.
### 5. Procedure to be adopted by the District Forum for analysis and testing of the goods clause (c) of sub-section (i) of section 13 of C.P.A. 1986 [Section 13(1)(c)].
- Under clause (c) of sub-section (a) of section 13, if considered necessary, the District Forum may direct the complainant to provide more than one sample of the goods in clean containers with stopper properly fixed on them.
(2) On receiving the samples of such goods, the District Forum shall seal it and fix labels on the containers carrying following information:-
(i) name and address of the appropriate laboratory to whom sample will be sent for analysis and test;
(ii) name and address of the District Forum;
(iii) case number;
(iv) seal of the District Forum.
(3) The sample will be sent to the appropriate laboratory by the District Forum for sending report within forty five days or within such extended time as may be granted by the District Forum after specifying the nature of the defect alleged and date of submission of the report.
### 6. Salary and other allowance and terms and conditions of the president and members of the State Commission sub-section (2) of section 16 of C.P.A. 1986 [Section 16(2)].
- [(1) The President of the State Commission,]
[Substiuted by vide Punjab Government Gazetted LSP III dated 3.8.1996.]
-
(a) if appointed on whole-time basis, shall draw his pay in the grade of pay admissible to a Judge of the High Court; and
(b) if appointed on part-time basis shall be paid honorarium of three hundred and fifty rupees per day for the sitting of the State Commission.
(IA) The Members of the State Commission other than the President, -
(a) if appointed on whole-time basis shall be paid a consolidated honorarium of five thousand rupees per mensem; and
(b) if appointed on part time, basis shall be paid an honorarium of two hundred and fifty rupees per day for the sitting of the State Commission.]
(2) The president and the members of the State Commission shall be eligible for such travelling allowance and daily allowance on official tour as are admissible to Class-I officers of the State Government.
(3) The salary, honorarium and other allowances shall be defrayed out of the Consolidated Fund of the State Government.
(4) The president and the members of the State Commission shall hold office for a term of five years or up to the age of sixty five years which ever is earlier and shall not be eligible for renomination:
Provided that president and a member may;-
(a) by writing under his hand and addressed to the State Government resign his office any time;
(b) be removed from his office in accordance with provisions of sub-rule (5).
(5) The State Government may remove from office, president or a member of a State Commission who:
(a) [ has failed to attend five sittings of the State Commission in a Calendar Month;]
[Added Vide Punjab Government Gazette Legislative Supplement Part III, dated 6.3.1992.]
(aa) has been adjudged an insolvent; or
(b) has been convicted of an offence which in the opinion of the State Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as such member; or
(d) has acquired such financial or other interest as is likely to effect prejudicially his functions as a member; or
(e) has so abused his position as to render his continuance in affice prejudicial to the public interest;
Provided that the president or a member shall not be removed from his office on the grounds specified in clauses (d) and (e) except on an inquiry held by the State Government in accordance with such procedure as it may specify in this behalf and finds president or the member to be guilty of such ground.
(6) Before appointment, president and a member of the State Commission shall have to give an undertaking that he does not and will not have any such financial or other interest as is likely to affect prejudicially his functions as such.
(7) The terms and conditions of the service of the president and the members of the State Commission shall not be varied to their disadvantage during their tenure of office.
(8) Every vacancy caused by resignation and removal of the president or any other member of the State Commission under sub-rule (4) or otherwise shall be filled by fresh Appointment.
(9) Where any such vacancy occurs in the office of the president of the State Commission, the senior-most (in order of appointment) member, holding office for the time being, shall discharge the functions of the president until a person appointed to fill such vacancy assumes the office of the president of the State Commission.
(10) When the president of the State Commission is unable to discharge the functions owing to absence, illness or any other cause, the seniormost (in order of appointment) member or the State Commissioner shall discharge the functions of the president until the day on which the president resumes the charge of his functions.
(11) The president or any member ceasing to hold office as such shall not hold any appointment in or be connected with the management or administration of an organisation which has been the subject of any proceedings under the Act during his tenure for a period of five years from the date on which he ceases to hold such office.
### 7. Sub-section (3) of section 14 read will section 18 of C.P.A. 1986 - Place of sitting and other matters relating to the State Commission [section 14(3) read with section 18].
(1) Office of the State Commission shall be located at the capital of the State.
(2) The working days and the office hours of the State Commission shall be the same as that of the State Government.
(3) The Official seal and emblem of the State Commission shall be such as the State Government may specify.
(4) Sitting of the State Commission, as and when necessary, shall be convened by the President.
(5) No act or proceedings of the State Commission shall be invalid by reason only of the existence of any vacancy among its members or any defect in its constitution thereof.
(6) The State Government shall appoint such staff, as may be necessary to assist the State Commission in its work and perform such other functions as are provided under these rules or assigned to it by the President. The salary payable to such staff shall be defrayed out of the Consolidated Fund of the State Government.
(7) Where the opposite party admits the allegations made by the complainant, the State Commission shall decide the complaint on the basis of the merit of the case and documents present before it.
(8) if during the proceedings conducted under section 13, the State Commission fixes a date for hearing of the parties, it shall be obligatory on the complainant and opposite party or his authorised agent to appear before the State Commission on such date of hearing or any other date to which hearing could be adjourned. Where the complainant or his authorised agent fails to appear before the State Commission on such day, the State Commission may in its discretion either dismiss the complaint for default or decide it on merit. Where the opposite party or its authorised agent fails to appear on the day of hearing, the State Commission may decide the complaint ex parte.
(9) While proceeding under sub-rule (8), the State Commission, may, on such terms as it may think fit and at any stage, adjourned the hearing of the complaint but not more than one adjournment shall ordinarily be given and the complaint should be decided within ninety days from the date of notice received by the opposite party where complainant does not require analysis or testing of the goods and within one hundred and fifty days if it requires analysis or testing of the goods.
(10) Order of the State Commission shall be signed and dated by the members of the State Commission constituting the Bench and shall be communicated to the parties free of charge.
### 8. Procedure for hearing appeal (Section 15) Section 15 of C.P.A. 1986
(1) The memorandum of appeal shall be presented by the appellant or his authorised agent to the State Commission in person or sent by registered post addressed to the State Commission.
(2) Every memorandum filed under sub-rule (1), shall be in legible handwriting preferably typed and shall set forth concisely under distinct heads, the ground of appeal without any argument or narrative and such ground shall be numbered consecutively.
(3) Each memorandum of appeal shall be accompanied by certified copy of the order of the District Forum appealed against and such of the documents as may be required to support grounds of objection mentioned in the memorandum.
(4) When the appeal is presented after the expiry of period of limitation as specified in the Act, the memorandum shall be accompanied by an application supported by an affidavit setting forth the fact on which appellant relies to satisfy the State Commission that he had sufficient cause for not preferring the appeal within the period of limitation.
(5) The appellant shall submit four copies of the memorandum to the State Commission for official purposes.
(6) On the date of hearing or any other day to which hearing may be adjourned, it shall be obligatory for the parties or their authorised agents to appear before the State Commission. If appellant or his authorised agent fails to appear on such date, the State Commission may, in its discretion, either dismiss the appeal or decide it on the merit of the case. If respondent or his authorised agent fails to appear on such date, the State Commission shall proceed ex parte and shall decide the appeal ex parte on merits of the case.
(7) The appellant shall not, except by leave of the State Commission urge or be heard in support of any ground of objections not set forth in the memorandum but the State Commission, in deciding the appeal, shall not confine to the grounds of objection set forth in the memorandum or taken by leave of the State Commission under this Rule:
Provided that the Commission shall not rest its decision on any other grounds unless the party who may be affected thereby, has been given, at least one opportunity of being heard by the State Commission.
(8) State Commission may, on such terms as it may think fit and at any stage, adjourn the hearing of appeal, but not more than one adjournment shall ordinarily be given and the appeal should be decided within ninety days from the first date of hearing.
(9) Order of the State Commission on appeal shall be signed and dated by the members of the State Commission constituting the Bench and shall be communicated to the parties free of charge.
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65ba0af2ab84c7eca86ea8d2 | acts |
State of Andhra Pradesh - Act
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Andhra Pradesh General Sales Tax Act, 1957
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ANDHRA PRADESH
India
Andhra Pradesh General Sales Tax Act, 1957
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Act 6 of 1957
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* Published on 21 December 2002
* Commenced on 21 December 2002
Andhra Pradesh General Sales Tax Act, 1957
(Act
No. 6 of 1957
)
Last Updated 15th October, 2019
Statement of Objects and Reasons - (Act No. 19 of 2000). - In the conference of State Chief Ministers and Finance Ministers held on 1-11-1999 at New Delhi, consensus has been reached to adapt uniform floor rates i.e. 4-B and 12 and two special rates i.e. 1% and 20% of sales tax by all the States with effect from 1st January, 2000. This will end the rate war amongst, the States and the Union Territories. It was also suggested that the States should bring uniform floor rates into effect through an Ordinance wherever necessary.
The Standing Committee of State Finance Ministers to monitor sales tax reforms met on 20-12-1999 at New Delhi and suggested for a deterrent action against any State not falling in line with the unanimous decision of the Committee it suggested that non-compliance with the floor rates should be treated as a negative revenue measure.
Therefore, in order to implement the rate of tax on the commodities to be in tune with the floor rates suggested by the Committee of the Chief Ministers and the Finance Ministers the Government of Andhra Pradesh have decided to amend the provisions of the Andhra Pradesh General Sales Tax Act, 1957, suitably.
As the Legislative Assembly of the State was not then in Session having been prorogued and as it has been decided to give effect to the above decision immediately, the Andhra Pradesh General Sales Tax (Amendment) Ordinance, 1999 A.P.
Ordinance No. 10 of 1999) has been promulgated by the Governor on the 31st December, 1999.
Further, it is also decided to amend sections 21(1) (bbb), 12, 13C, 14E and 1613) of the Act for expanding the definition of business' and for issuing separate identifiable Registration Certificates to retail dealers and to make them eligible for 'deemed assessment1 scheme irrespective of their turnovers and to levy graded penalty for the offence of non-issue of sale, bills and to levy interest for delayed payments over more than one year.
This Bill seeks to replace the said Ordinance and to give effect to the above decision;
Statement of Objects and Reasons - (Act 30 of 2001). - It is noticed that certain dealers are avoiding payment of tax on actual turnovers by arranging sales through their sister concerns. Tax is being paid at the point of first sale on a very low turnover of goods and the same are sold at a higher price at the second and subsequent stages by their sister concerns and exemption is claimed on that turnover. In order to plug such leakage of revenue it is proposed to mocrfy, the definition of 'turnover'.
Similarly, certain dealers are disclosing different turnovers to different departments/ agencies to suit their convenience, if is, therefore, proposed to adopt the highest value Of the goods disclosed by the dealer to various statutory bodies or departments for the purpose of levy of tax. The fee for Registration was fixed more than a decade ago as Rs.100/-. it is now proposed to be increased to Rs. 500/-. The time limit for finalising the assessments under the Act is proposed to be reduced so that the pendency of assessments is pegged at the barest minimum. The power to seize and confiscate the unaccounted goods is presently limited to those available in office, shop, godowns etc., only in transit which arc accompanied by valid documents, it is proposed to plug the leakage of revenue by making suitable amendments are proposed for effective implementation of the provisions of the Act.
Basing on the information gathered from the market and on the requests made by the traders associations, the rate of tax or. certain commodities and the stages of levy are also sought to be modified.
To achieve the above objects and to similarly, the procedures and to plug Leakage of revenue. Government have decided to amend the Provisions of the Andhra Pradesh General Sales Tax Act, 1957 suitably.
This Bill seeks to give effect to the above decision.
Statement of Objects and Reasons - (Act No. 3 of 2002). - It is the constant endeavour of the department to plug the loopholes so that the revenues of the state are protected. To achieve the above object, study teams were sent to neighbouring states and basing on their reports certain amendments to die provisions of the Andhra Pradesh General Sales Tax Act, 1957 are proposed.
As an additional revenue measure it has been decided to accept the proposal of the Commissioner of Commercial Taxes, to levy Turnover Tax on the first sales of Petroleum products at 2% and on Motor Vehicles at 1% with a condition that the additional tax levied should not be passed on to the consumer as is being done in Tamil Nadu State. Accordingly an amendment to section 5-A of the APGST Act, 1957 is proposed.
In order to discourage dealers to file appeals on flimsy grounds and obtain stay of collections of taxes due. it is proposed to impose a condition of payment of certain percentage of tax before the appeals are admitted if the various appellate forums.
As the deemed assessment scheme for the deal whose turnover is less than Rs. 10.00 lakhs per annum working out smoothly, it is now proposed to extend the sale to the dealers whose turnover is less than Rs. 20 lakh also.
This amendment will speed up the assessment work substantially, and the arrear assessment work done substantially.
A decision has been taken in the made of S.I.P.B. held on 20-8-2001 to charge only (Sic) the deferred payment of sales tax as a measure of sick industry and an amendment has to be cannot to Section 16(2) (b) of the Andhra Pradesh General Tax Act, 1957.
It is also proposed to amend certain entries in the first, Third, Fourth and Sixth Schedules to the Andhra Pradesh General Sales TAx Act, 1957 to streamline the procedure and augment the revenues of the State, The entry relating to Washing machines in the sixth Schedule was modified suitably, keeping in view the judgement of Hon'ble Supreme Court. In order to clear any ambiguity, imported liquor is also now proposed to be taxed at the rate of 70% along with Indian made foreign liquor. Taking into consideration the representations made by the Copra merchants the point of levy has been changed from first purchase to last purchase, Orders were already issued amending the above entries, but they are now included in the draft Bill as required under section 42 of the Andhra Pradesh General Sales Tax Act, 1957.
In view of the abovefacts and to protect State revenues the proposal of the Commissioner of Commercial Taxes, to issue an Ordinance to levy Turnover Tax of Petrol, Diesel and Motor Vehicles etc. has been accepted and ss the Legislative Assembly of the State was not then in Session having been prorogued, the "Andhra Pradesh General Sales Tax (amendment) Ordinance, 2001 (AP Ordinance No. 9 of 2001)" has been promulgated by the Governor on the 30lh November 2001 and published It on the same date.
The Bill seeks to give effect to the above decision.
Statement of Objects and Reasons - (Act No. 11 of 2002). - Assessments under the Andhra Pradesh General Sales Tax Act, 1957 have to be completed within a period of three years from the expiry of the year, to which the assessment relates.
In view of the proposed introduction of VAT with effect from 1-4-2002, a proviso was introduced, further restricting the period of limitation for finalising assessments relating to the year 1999-2000 to two years and to one year for the assessments relating to years 2000-2001 and 2001-2002. As per the national consensus, the introduction of VAT has been postponed by one year.
In order to clear the huge pendency of assessments, it is now proposed to omit the proviso, which restricted the time period so that assessments could be completed within the usual period of three years.
The Bill seeks to achieve the above object.
Statement of Objects and Reasons - (Act No. 25 of 2002). - The existing definition of dealer is suitably worded to include all bodies who make any sales or dispose of any goods. As a mailer of abundant caution to protect the revenues, it is proposed to amend (he definition of dealer with retrospective effect from 1-8-96 so as to include all the Government bodies into taxation net. Hence, it is proposed to amend section 2(1) of the Act.
The contractors cannot be allowed to make any interstate purchases of goods if they want to come under composition scheme. By putting such restrictions they will have to make local purchases thereby the stares revenues ore protected and our tax does not go to other states. Hence, it is proposed to insert a new sub-section under Section 5(G) of the Act, as a similar provision is available in Karnataka Sales Tax Act also.
To curb the tendency of non-issue of sales bills it is proposed to increase the quantum of penalty' in sub-section (3) (a) to Rs.5D0/- and in sub-section (3) (b) to Rs.3000/-by amending Section 13-C of the Act.
The Sales Tax dues deferred under the deferral scheme would be treated as deemed to have been paid and in the said amount is also treated as interest free Government loan. Under the Section 26-C of the Act, first charge ort the property of the dealer is not created in respect of the said loan and that in the interest of the revenue, it is desirable to include the same to avoid ambiguity and possible litigation. Hence, it is proposed to amend the Section 16-C of the Act, so that the Government dues are protected.
Orders were issued, amending column (3) against item 32 in the First Schedule to the Act relating to 'Bricks etc.' changing the point of levy- from last sale to first sale to commission of tax.
In order of levy tax on declared goods i.e. on Iron & Steel and scrap (Items 2 and 2A of III Schedule) with set off of tax at more then one stage, it is proposed to amend the entries in the Third Schedule.
The Bill seeks to achieve the above object.
An Act to consolidate and amend the laws relating to the levy of general tax on the sale or purchase of goods in the State of Andhra Pradesh.
Whereas it is expedient to consolidate and amend the laws relating to the levy of general tax on the sale or puchase of goods in the State of Andhra Pradesh. BE it enacted in the Eighth year of the Republic of India as follows:-
### [1. Short title, extent and commencement.
(1) This Act may be called the Andhra Pradesh General Sales Tax Act, 1957.
(2) It extends to the whole of the State of Andhra Pradesh
(3) This section shall come into force at once; and the rest of this Act shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.
### 2. Definitions.
(1) In this Act, unless the context otherwise requires:
(a) "Appellate Deputy Commissioner" means any person appointed to be an Appellate Deputy Commissioner of Commercial Taxes under Section 4;
(aa) "Appellate Tribunal" means the Tribunal appointed under Section 3;
(aaa) "Additional Commissioner" means any person appointed to be an Additional Commissioner of Commercial Taxes under Section 4.
(b) "Assessing authority" means any person authorised by the State Government or by any other authority empowered by them in this behalf, to make any assessment in such area or areas or the whole of the State of Andhra Pradesh under this Act;
(bb) "Assistant Commissioner" means any person appointed to be an Assistant Commissioner of Commercial Taxes under Section 4;
(i) any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture whether or not such trade, commerce, manufacture, adventure or concern is carried on or undertaken with a motive to make gain or profit and whether or not any gain or profit accrues therefrom; and
(ii) any transaction in connection with or incidental or ancillary to such trade, commerce, manufacture, adventure or concern; and
(iii) any transaction in connection with or incidental or ancillary to the commencement or closure of such trade, commerce, manufacture, adventure or concern;
(bbb) "Business" includes-
Explanation. - For the purpose of this clause,-
(i) the activities of raising of manmade forests or rearing of seedlings or plants shall be deemed to be business;
(ii) any transaction of sale or purchase of capital assets pertaining to such trade, commerce, manufacture, adventure or concern shall be deemed to be business and the expression "capital assets" shall have the same meaning as assigned to it in the Income Tax Act, 1961.
(c) "Casual trader" means a person who has, whether as principal, agent or in any other capacity, occasional transactions of a business involving the buying, selling, supplying or distributing of goods in the State whether for cash, or for deferred payment, or for commission, remuneration, or other valuable consideration;
(c-1) "Special Appellate Tribunal" means the Andhra Pradesh Sales Tax Special Appellate Tribunal constituted under Section 21A in pursuance of Article 323-B of the Constitution of India.
(d) "Commercial Tax Officer" means any person appointed to be a Commercial Tax Officer under Section 4.
(dd) "Commissioner" means any person appointed to be a Commissioner of Commercial Taxes under Section 4;
(e) "Dealer" means any person who carries on the business of buying, selling, supplying or distributing goods or delivering goods on hire purchase or on any system of payment by instalments, or carries on or executes any works contract involving supply or use of material directly or otherwise, whether for cash, or for deferred payment, or for commission, remuneration or other valuable consideration, and includes. -
(i) local authority, a company, a Hindu undivided family or any society (including a co operative society), club, firm or association which carries on such business;
(ii) a society (including a cooperative society), club, firm or association which buys goods from, or sells, supplies or distributes goods to its members;
(iii) a casual trader, as herein before defined;
(iii) (a)
any person, who may, in the course of business of running a restaurant or an eating house or a hotel (by whatever name called). supply by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating);
(iii) (b)
any person, who may transfer the right to the use of any goods for any purpose whatsoever (whether or not for a specified period) in the course of business to any other person;
(iv) a commission agent, a broker, a delcredere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of buying, selling, supplying or distributing goods on behalf of any principal or principals;
Explanation I. - Every person who acts as an agent of a non resident dealer that is, as an agent on behalf of a dealer residing outside the State, and buys, sells, supplies or distributes goods in the State or acts on behalf of such dealer as -
(i) a mercantile agent as defined in the Indian Sale of Goods Act, 1930 (Central Act III of 1930); or
(ii) an agent for handling goods or documents of title relating to goods, or
(iii) an agent for the collection or the payment of the sale price of goods or as a guarantor for such collection or payment and every local branch of a firm or company situated outside the State, shall be deemed to be a dealer for the purpose of this Act.
Explanation II. - Where a grower of agricultural or horticultural produce sells such produce grown by himself or grown on any land in which he has an interest whether as owner, usufructuary mortgagee, tenant or otherwise, in a form different from the one in which it was produced after subjecting it to any physical, chemical or any process other than mere cleaning, grading or sorting, he shall be deemed to be a dealer for the purpose of this Act;
Explanation III. - The Central Government or the State Government which, whether or not in the course of business, buys, sells, supplies or distributes goods, directly or otherwise, for cash or for deferred payment or for commission, remuneration or other valuable consideration shall be deemed to be dealer for the purposes of this Act;
Explanation IV. - For the purpose of this clause, [each of the following persons and bodies whether or not in the course of business who sell or dispose of]
[Substituted 'each of the following persons and bodies who sell or dispose of' by Act No. 25 of 2002, dated 21.12.2002.]
any goods including unclaimed or confiscated or unserviceable goods or scrap surplus, old, obsolete, or discarded material or waste products whether by auction or otherwise, directly or through an agent for cash, or for deferred payment or for any other valuable consideration shall be deemed to be a dealer to the extent of such disposals or sales, namely:-
(a) The Port Trust;
(b) Municipal Corporation, and Municipal Councils, and other local authorities;
(c) Railway administration as defined under the Indian Railways Act, 1890;
(d) Shipping, transport and construction companies;
(e) Air transport companies and airlines;
(f) Transporters, holding permits for transport vehicles granted under the Motor Vehicles Act, 1988 which are used or adopted to be used for hire;
(g) The Andhra Pradesh State Road Transport Corporation;
(h) Customs Department of the Government of India administering the Customs Act, 1962;
(i) Insurance and Financial Corporations or Companies and Banks included in the Second Schedule to the Reserve Bank of India Act, 1934;
(j) Advertising Agencies;
(k) Any other Corporation, Company body or authority owned or set up by or subject to administrative control of the Central Government or any State Government.
(f) "Declared Goods" means goods declared under section 14 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956) to be of Special importance in inter State trade or commerce;
(f-1) "Deputy Commercial Tax Officer" means any person appointed to be a Deputy Commercial Tax Officer under section 4 ;
(g) "Deputy Commissioner" means any person appointed to be a Deputy Commissioner of Commercial Taxes under Section 4;
(gg) "fair market price" means the price that the goods would ordinarily fetch on sale in the open market on the date of sale of such goods.
(h) "Goods" means all kinds of movable property other than actionable claims, stocks, shares and securities, and includes all materials, articles and commodities including the goods (as goods or in some other form), involved in the execution of a works contract or those goods used or to be used in the construction, fitting out, improvement or repair of movable or immovable property and also includes all growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale and also includes motor spirit;
Explanation. - Motor spirit means any substance which by itself or in admixture with other substances is ordinarily used directly or indirectly, to provide reasonably efficient fuel for automotive or stationary internal combustion engines, and includes petrol diesel oil, and other internal combustion oils, but does not include power alcohol, kerosene, furnace oil, coal or charcoal;
(h-1) "Goods vehicle" means any motor vehicle constructed or adapted for the carriage of goods, or any other motor vehicle not so constructed or adapted when used for the carriage of goods solely or in addition to passengers;
(h-2) "Joint Commissioner" means any person appointed to be a joint Commissioner of Commercial Taxes under section 4;
(i) Licence means a licence granted or renewed under this Act;
(i-1) "Miller" means a person who engages himself in milling operations in any rice mill, oil mill, dhall mill, saw mill, ginning mill or a decorticating mill and includes a person who, or the authority which has the ultimate control over the affairs of the rice mill, and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent.
Explanation. - For the purposes of this clause, the word mill means the plant and machinery with which, and the premises including the precincts thereof, in which or in any part of which, the milling, ginning or decorticating operations, as the case may be are carried on
(j) "Notification" means a notification published in the Andhra Pradesh Gazette;
(j-1) "Petrol" means dangerous petroleum as defined in the Petroleum Act, 1934;
(k) "Place of business" means any place where a dealer purchases or sells goods and includes -
(i) any ware-house, godown or other place where a dealer stores or process his goods;
(i) in the case of manufacturing or processing units the place of manufacture or processing;
(ii) in the case of manufacturing or processing units with more than one factory, the place where the main factory or processing unit is located;
(iii) in the case of trading units the place from which the dealer carries on his main business.
(ii) any place where a dealer produces or manufactures goods;
(iii) any place where a dealer keeps his books of accounts;
(iv) in case where a dealer carries on business through an agent (by whatever name called) the place of business of such agent.
(kk) "Principal place of business" means-
(l) "Prescribed" means prescribed by rules made under this Act;
(m) "Registered dealer" means a dealer registered under this Act;
(mm) "Retail Dealer" means any dealer whose total turnover in a year does not exceed rupees ten lakhs and whose total turnover comprises sales of goods to persons, who purchase the goods for their own use but not for resale, and to other dealers only for effecting accommodation sales in the relevant assessment year.
(mmm) "Accommodation Sales" means sale of goods effected by a dealer which are not in stock held by that dealer as on the date of sale, but which are obtained by him from any other registered dealer specially to accommodate a particular customer and the sale is effected by the said dealer without making any profit out of that transaction.
(n) "Sale" with all its grammatical variations and cognate expressions means every transfer of the property in goods whether as such goods or in any other form in pursuance of a contract or otherwise by one person to another in the course of trade or business, for cash, or for deferred payment, or for any other valuable consideration or in the supply or distribution of goods by a society (including a co operative society), club, firm or association to its members, but does not include a mortgage, hypothecation or pledge of, or a charge on goods.
Explanation I. - A delivery of goods on the hire purchase or any system of payment by instalments shall, notwithstanding the fact that the seller retains the title in the goods, as security for payment of the price, be deemed to be a sale.
Explanation II. - (a) Notwithstanding anything contained in the Indian Sale of Goods Act, 1930 (Central Act III of 1930) a sale or purchase of goods shall be deemed, for the purpose of this Act to have taken place in the State, wherever the contract of sale or purchase might have been made, if the goods are within the State
(i) in the case of specific or ascertained goods, at the time the contract of sale or purchase is made; and
(ii) in the case of unascertained or future goods, at the time of their appropriation to the contract of sale or purchase by the seller or by the purchaser, whether the assent of the other party is prior or subsequent to such appropriation.
(b) Where there is a single contract of sale or purchase of goods situated at more places than one, the provisions of clause (a) shall apply as if there were separate contracts in respect of the goods at each of such places
Explanation III. - Notwithstanding anything contained in this Act or in the Indian Sale of Goods Act, 1930 (Central Act III of 1930), two independent sales or purchases shall for the purposes of this Act, be deemed to have taken place.
(1) when the goods are transferred from a principal to his selling agent and from the selling agent to his purchaser, or
(2) when the goods are transferred from the seller to a buying agent and from the buying agent to his principal, if the agent is found in either of the cases aforesaid...
(i) to have sold the goods at one rate and to have passed on the sale proceeds to his principal at another rate;or
(ii) to have purchased the goods at one rate and to have passed them on to his principal at another rate; or
(iii) not to have accounted to his principal for the entire collections or deductions made by him, in the sales or purchases effected by him on behalf of his principal; or
(iv) to have acted for a fictitious or non-existent principal;
Explanation IV. - A transfer of right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration shall be deemed to be a sale
Explanation V. - Notwithstanding anything contained in this Act or in the Sale of Goods Act, 1930, the sale of goods includes the supply, by way of or as part of any service or in any manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service, is for cash, deferred payment or other valuable consideration and such supply of any goods shall be deemed to be sale of those goods by the person making the supply of those goods to the person to whom such supply is made.
Explanation VI. - Whenever any goods are supplied or used in the execution of a works contract, there shall be deemed to be a transfer of property in such goods, whether or not the value of the goods so supplied or used in the course of execution of such works contract is shown separately and whether or not the value of such goods or material can be separated from the contract for the service and the work done.
Explanation VII. - Notwithstanding anything contained in the Sale of Goods Act, 1930, a sale or purchase of goods shall, for the purposes of this Act be deemed to have taken place where in the course of any scheme whether called as "Lucky Gift Scheme" or by any other name, any goods are transferred by the person who runs such scheme to any other person who is a subscriber to that scheme, provided that all the subscribers to the scheme have agreed to contribute a specific sum periodically or otherwise, towards the cost of any article agreed to be sold or given to the winner of the draw held by the holder of the scheme; and the turnover for the purpose of this explanation shall be the amount which would have been payable by the subscriber had he not won the prize till the end of the series of draw;
Explanation VIII. - Every transfer of property in goods by the Central Government or the State Government for cash or for deferred payment or for any other valuable consideration, whether or not in the course of business shall be deemed to be a sale for the purpose of this Act.
(o) "Schedule" means a Schedule appended to this Act;
(p) "State" means the State of Andhra Pradesh;
(q) "tax" means a tax on the sale or purchase of goods payable under this Act and includes,
(i) a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration;
(ii) a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;
(iii) a tax on the delivery of goods on hire purchase or any system of payment by instalments;
(iv) a tax on the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash , deferred payment or other valuable consideration;
(v) a tax on the supply of goods by any un incorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration; or
(vi) a tax on the supply, by way of or as part of any service or in any other manner whatsoever of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service is for cash, deferred payment or other valuable consideration;)
(r) "Total turnover" means the aggregate turnover in all goods of a dealer at all places of business in the State, whether or not the whole or any portion of such turnover is liable to tax: including the turnover of purchases or sales in the course of inter State trade or commerce or in the course of export of the goods out of the territory of India or in the course of import of the goods into the territory of India;
(s) "Turnover" means-
(i) the total amount set out in the bill of sale excluding the amount collected towards the tax or the tax due under the Act whichever is less;
(ii) the total amount of consideration for the sale or purchase of goods excluding tax due under the Act as may be determined by the assessing authority, if the bill of sale does not set out correctly the amount for which the goods are sold; or
(iii) if there is no bill of sale, the total amount charged as the consideration for the sale or purchase of goods by a dealer either directly or through another, on his own account or on account of others, whether such consideration be cash, deferred payment or any other thing of value and shall include,
(a) the value of any goods as determined by the assessing authority
(i) to have been used or supplied by the dealer in the course of execution of the works contract.
(ii) to have been delivered by the dealer on hire purchase or any other system of payment by instalments;
(iii) to have been supplied or distributed by a society including a Co operative Society, Club, firm or association to its members, where the cost of such goods is not separately shown or indicated by the dealer and where the cost of such goods is separately shown or indicated by the dealer, the cost of such goods as shown or indicated;
(b) any other sum charged by the dealer for anything done in respect of goods sold at the time of, or before, the delivery of the goods;
(c) any other sum charged by the dealer, whatever be the description, name or object thereof; and
(d) the aggregate of amounts charged under Section 5 C or realisable under Section 5 E
Provided that in the case of a sale by a person whether by himself or through an agent of agricultural or horticultural produce grown by himself or grown on any land in which he has an interest whether as owner, usufructuary mortgagee, tenant or otherwise, the amount of consideration relating to such sale shall be excluded from, his turnover when such produce is sold in the form in which it was produced without being subjected to any physical, chemical or other process for being made fit for consumption save mere cleaning, grading or sorting.
Explanation. - Subject to such conditions and restrictions, if any, as may be prescribed in this behalf,
(i) any cash or other discount on the price allowed in respect of any sale and any amount refunded in respect of articles returned by customers shall not be included in the turnover.
(ii) Where for accommodating a particular customer, a dealer obtains goods from another dealer and immediately disposes of the same to the said customer the sale in respect of such goods shall be included in the turnover of the latter dealer, but not in that of the former.
(iv) Where a dealer being a registered trade mark holder or registered trade mark user so arranges that not less than three fourths of his sales of goods with such trade mark in the state are through a related per person, the price at which the related person sells such goods in the state shall be deemed to be the consideration received by the dealer.
Explanation. - For the purpose of this sub-clause, "related person" means a person who is so associated with the dealer that they have interest, directly or indirectly, in the business of each other and including a holding company, subsidiary company, a relative and a distributor of the dealer and any sub-distributor of such distributor. In this sub-clause, holding company and subsidiary company and relative have the same meaning as in the Indian Companies Act, 1956 (Central Act 1 of 1956).
(t) "works contract" includes any agreement for carrying out for cash or for deferred payment or for any other valuable consideration, the building construction, manufacture, processing, fabrication, erection, installation, fitting out, improvement, modification, repair or commissioning of any movable or immovable property.
(u) "Year" means the twelve months ending on the 31st day of March.
(2) The Andhra Pradesh General Clauses Act, 1891 (Act
1 of 1891
) shall apply for the interpretation of this Act as it applies for the interpretation of an Andhra Act.
### 3. Appellate Tribunal.
(1) The State Government shall appoint an Appellate Tribunal consisting of a Chairman and two other members to exercise the functions conferred on the Appellate Tribunal by or under this Act. The Chairman shall be a judicial officer not below the rank of a District Judge and of the other two members one shall be an officer of the State Government not below the rank of a Deputy Commissioner of Commercial Taxes, and the other shall be a Chartered Accountant, within the meaning of the Chartered Accountants Act, 1949, or a person possessing the degree of M.Com or B.com., (Hons) of any recognised university in India for atleast ten years or an officer not below the rank of a Deputy Commissioner of Central Excise Department or Income tax Department.
(2) Any vacancy in the membership of the Appellate Tribunal shall be filled up by the State Government.
(3) (a)
The functions of the Appellate Tribunal may be exercised -
(i) by a Bench consisting of all the members of the Appellate Tribunal, or
(ii) by a Bench consisting of two members constituted by the Chairman, or
(iii) by a Bench consisting of the Chairman and other member as constituted by the Chairman, or
(iii-a) by a Bench consisting of the other two members in case the Chairman is absent on leave or transfer or in case of the office of the Chairman is vacant otherwise;
(iv) by a single member of the Appellate Tribunal constituted by the Chairman in cases where the turnover does not exceed (rupees five lakhs):
Explanation. - The single member referred to in item (iv) above may be either the Chairman himself or any other member.
(b) Where an appeal or application is heard by all the three members of the Appellate Tribunal, and the members are divided in opinion, on any point or points, such point or points shall be decided in accordance with the opinion of the majority.
(c) Where an appeal or application is heard by a Bench consisting of two members whether it consists of the Chairman or not, and the members are divided in opinion, on any point or points, such point or points shall be referred to the Appellate Tribunal consisting of all the three members.
(d) If any case which comes up before a single member (who is not the Chairman) or a Bench (of which the Chairmen is not a member) involves a question of law, such single member or Bench may in his or its discretion, reserve such case for decision by a Bench of which the Chairman shall be a member.
(3-A) (a) Notwithstanding anything contained in sub section (1), the Government may at any time, by order, constitute an additional Bench of the Tribunal, with two members, of whom one shall be a District Judge Grade II and the other shall be an Officer of the Commercial Taxes Department of the State Government not below the rank of a Joint Commissioner to function at such place and for such period as they may specify therein.
(b) Where the members of the additional Bench are equally divided in opinion as to the decision to be given on any point or points, they shall state the point or points on which they differ and make a reference to the Chairman who shall thereupon hear the point or points himself and such point or points shall be decided according to the opinion of the majority of the Chairman and the members of the Bench who heard the case.
(c) The regulations made under sub section (4) shall apply to the Bench constituted under this sub section.
(4) The Appellate Tribunal shall, with the previous sanction of the State Government make regulations consistent with the provisions of this Act and rules made thereunder, for regulating its procedure and the disposal of its business.
(5) The regulations made under sub section (4) shall be published in the Andhra Pradesh Gazette
### 4. Appointment of Commissioner of Commercial Taxes, Additional Commissioner of Commercial Taxes, Joint Commissioner of Commercial Taxes, Appellate Deputy Commissioners of Commercial Taxes, Deputy Commissioners of Commercial Taxes Assistant Commissioners of Commercial Taxes, Commercial Tax Officers and Deputy Commercial Tax Officers.
- The State Government may appoint a Commissioner of Commercial Taxes and as many Additional Commissioners of Commercial Taxes, Joint Commissioners of Commercial Taxes, Appellate Deputy Commissioners of Commercial taxes, Deputy Commissioners of Commercial Taxes, Assistant Commissioners of Commercial Taxes, Commercial Tax officers and Deputy Commercial Tax Officers as they think fit, for the purpose of performing the functions respectively conferred on them by or under this Act. Such officers shall perform the said functions within such area or areas or the whole of the State of Andhra Pradesh as the State Government or any authority or officer empowered by them in this behalf may assign to them.
### 4A. Powers of subordinate officers to be exercised by higher authorities.
- The powers conferred by this Act and the rules made thereunder on any of the officers appointed under Section 4 of this Act may also be exercised by any of the officers superior to the officers so empowered, subject to any instructions issued by the Commissioner of Commercial Taxes in this regard.
### 5. Levy of tax on sales or purchases of goods.
(1) Save as otherwise provided in this Act every dealer shall pay tax under this Act for each year on every rupee of his turnover of sales or purchases of goods in each year irrespective of the quantum of his turnover at the rates of tax and at the points of levy specified in the Schedules.
(3) For the purpose of this section and the other provisions of this Act, the turnover which a dealer shall be liable to pay tax shall be determined after making such deductions from his total turnover, and in such manner as may be prescribed.
(4) The taxes under this section shall be assessed, levied and collected in such manner, as may be prescribed.
Provided that -
(i) in respect of the same transaction, the buyer or the seller but not both, as determined by such rules as may be prescribed, shall be taxed.
(ii) where a dealer has been taxed in respect of the purchase of any goods, in accordance with the rules referred to in clause (i) of this proviso, he shall not be taxed again in respect of any sale of such goods effected by him."
### 5A. Levy of tax on turnover.
(1) Notwithstanding anything contained in this Act, tax shall be levied at the rate of [one paise on every rupee of turnover of a dealer, other than the dealers mentioned in sub-section (1-A)]
[Substituted 'one paise in every rupee of turnover of a dealer' by Act No. 3 of 2002.]
whose total turnover in a year exceeds rupees ten lakhs:
Provided that the tax shall not be levied under this section on that part of the turnover of any dealer on which the dealer is liable to pay tax at the point of levy [specified in the First Schedule, except petrol, diesel oil, aviation turbine fuel, engine oils, lubricating oils, greases, brake fluids, furnaces oil and all kinds of motor vehicles,]
[Substituted 'specified in the First Schedule' by Act No. 3 of 2002.]
Second Schedule, Fifth Schedule and Seventh Schedule to the Act;
Provided further that no tax under this section shall be payable on that part of turnover which relates to:-
(i) sale or purchase of goods specified in Third Schedule;
(ii) sale or purchase of goods specified in Fourth Schedule;
(iii) sale or purchase of goods specified in Sixth Schedule;
(iv) sale or purchase of goods in the course of inter-State trade or commerce;
(v) sale or purchase of goods in the course of export out of the territory of India or sale or purchase in the course of import into the territory of India;
(vi) sale or purchase of goods exempt from tax generally under sub-section (1) of Section 9 of the said Act.
(vii) all amounts collected by way of tax under the provisions of the Central Sales Tax Act, 1956.
(1-A) Every dealer shall in addition to the tax payable under Sections 5, 5-AA and 6-C of the Act, pay for each year a turnover tax on his turnover liable to tax. --
[(a) at the rate of two paise on every rupees in respect of petrol, diesel oils, aviation turbine fuel, engine oils, lubricating oils, greases, brake fluids, furance oil; and
(b) one paise on every rupees in respects of all kinds of Motor Vehicles mentioned in item 1 in the First Schedule to the Act.
(1-B) Notwithstanding anything contained in this Act, no dealer referred to in sub-section (1-A) shall be entitled to collect the turn over tax payable under the said sub-section from his purchasers.
(1-C) If any dealer collects any amount by way of turnover tax or purporting to be by way of turnover tax in contravention of the provision of sub-section (1-B), the assessing authority shall, after giving such dealer, a reasonable opportunity of being heard, by order in writing impose upon him by way of penalty, an amount equivalent to such turnover tax collected.]
[Inserted by Act No. 3 of 2002.]
(2) For the purpose of this section the turnover which a dealer shall be liable to pay tax shall be determined after making such deductions from his total turnover, and in such manner as may be prescribed.
### 5AA. Levy of tax on trade mark holder.
- Notwithstanding anything contained in this Act whenever a dealer, who holds the trade mark or the patent thereof, sells goods other than the declared goods at any point of sale other than first point of sale, he shall be deemed to be the first seller in the State and he shall be liable to pay tax accordingly and for determining the tax due to be paid by him, the tax levied and collected at the preceding point of sale if any, on the same goods shall be deducted from the tax payable by him at that point of sale.
### 5B. Levy of concessional tax in respect of certain goods.
(1) Notwithstanding anything contained in this Act, every dealer shall pay tax at the rate of 4 paise in the rupee or at the rates specified in Section 5 in respect of goods other than declared goods, or under Section 6 in respect of declared goods, whichever is lower, on the turnover relating to such sale in the following circumstances, namely:-
(a) when a dealer sells any goods to another dealer for use by the latter as raw material, component part, sub-assembly part, intermediate part and packing material in the manufacture or processing of goods inside the State:
(b) when a dealer sells to another dealer any goods other than those falling under Clause (a) which are notified by the Government from time to time for use by the latter in the manufacture or processing of the goods inside the State. The Government may also notify the goods which are not eligible for concessional rate of tax under this section:
Provided that the provisions of this section shall not apply to any sale unless the dealer selling the goods furnished to the assessing authority in the prescribed manner a declaration duly filled in and signed by the dealer to whom the goods are sold containing the prescribed particulars in the prescribed form obtained from the prescribed authority on payment of prescribed fee.
(2) If any dealer,
(i) not having his manufacturing unit within the State purchases any goods by furnishing a declaration under the proviso to sub section (1); or
(ii) having his manufacturing unit within the State and having purchased goods by furnishing a declaration under the proviso to sub section (1) sells such goods contrary to such declaration, the assessing authority, may after giving such dealer a reasonable opportunity of being heard, by order in writing, impose upon him by way of penalty a sum which shall not be less than three times but which may extend to five times the amount of tax leviable on the sale of such goods so purchased.
(3) (a)
Every dealer who, during the course of the year purchases goods by furnishing a declaration under the proviso to sub section (1) shall maintain, -
(i) an account of the receipt and issue of such declaration forms in the prescribed manner;
(ii) a separate stock account for each of the goods purchased by him showing such particulars as may be prescribed.
(b) if any dealer, fails to maintain true and complete accounts in accordance with clause (a) and the rules made thereunder, the assessing authority may, after giving such dealer a reasonable opportunity of being heard, by order in writing -
(i) disentitle such dealer from making use of any declaration forms prescribed under the proviso to sub section (1) and require him to surrender forthwith the declaration forms already issued to him, if any, and
(ii) impose upon him by way of penalty a sum which shall not be less than three times but which may extend to five times the amount of tax leviable on the turnover of the goods purchased by him on the basis of the declaration forms furnished by him under the proviso to sub section (1), upto the date of surrender by him of the unused forms;
(c) If any dealer, in respect of whom an order has been passed under clause (b) of this sub section pays the penalty and complies with such conditions as the assessing authority may deem fit to impose in this behalf, the assessing authority may in his discretion permit such dealer to obtain the prescribed declaration forms afresh and make use of the same for the purchase of goods in the State at the concessional rate of tax.
Explanation. - for the purpose of this section, -
(i) The words "raw material" means any material from which another product can be mde through the process of manufacture either by itself or in combination with other raw materials:
(ii) the words "component part", "sub assembly part" and "intermediate part" mean the article which forms an indentifiable constituent of the finished product and which along with other goods make up the finished product".
### 5C. Tax in respect of supply of articles of food or drink in restaurants or catering houses or hotels.
- Notwithstanding anything contained in Section 5 or Section 6, Every dealer running any restaurant or eating house or hotel (by whatever name called), who supplies, by way of or as part of any service or in any other manner whatsoever of goods, being food or any other article for human consumption or any drink (whether or not intoxicating) and whether or not such goods have suffered tax under the Act. where such supply or service is for cash, deferred payment or other valuable consideration shall on the total amount charged by the said dealer for such supply, pay a tax at the rate of eight paise on every rupee on the aggregate of such amount realised or realisable by him during the year.
Provided that no such tax shall be levied if the total turnover of the dealer including such aggregate during the year is less than Rs.2,00,000.
### 5D. Assessment and Re assessment in certain cases.
(1) Notwithstanding anything in any judgment, decree or order of any Court or any other authority, the assessing authority may assess or reassess the amount of tax payable by
(a) any dealer running a restaurant or any eating house or hotel (by whatever name called) in the course of business at any time on or after the 7th day of September, 1978 and before the 2nd February, 1983 or
(b) any dealer running an establishment not being a restaurant or an eating house or a hotel (by whatever name called) at any time on or after the 4th day of January, 1972 and before the 2nd February, 1983. on his turnover relating to the supply of food or any other article for human consumption or any drink (whether or not intoxicating) in accordance with the principal Act as amended by the Andhra Pradesh General Sales Tax (Amendment) Act, 1985
(2) Notwithstanding the expiry of any period of limitation specified in section 14 or section 24 A an assessment or reassessment under sub section (1) may be made within a period of four years from the 2nd February, 1983.
### 5E. Tax on the amount realised in respect of any right to use goods.
- Notwithstanding anything contained in this Act; -
(a) Every dealer who transfers the right to use any goods for any purpose, whatsoever, whether or not for a specified period, to any lessee or licensee for cash, deferred payment or other valuable consideration, in the course of his business shall, on the total amount realised or realisable by him by way of payment in cash or otherwise on such transfer or transfers of the right to use such goods from the lessee or licensee, pay a tax at the rate of eight paise on every rupee of the aggregate of such amount realised or realisable by him during the year.
(b) the transfer of right to use any such goods entered into by any dealer, shall be deemed to have taken place in this State whenever the goods are used within the State, irrespective of the place where the agreement whether written or oral for such transfer of right is made. Provided that no such tax shall be levied if the total turnover of the dealer including such aggregate is less than rupees two lakhs.
### 5F. Levy of tax on transfer of property in goods involved in the execution of works contract.
- Notwithstanding anything contained in Section 5 or Section 6, every dealer shall pay a tax under this Act for each year, on his turnover of transfer of property in goods whether as goods or in some other form involved in the execution of works contract, at the rate of eight paise on every rupee of his turnover.
Provided that tax shall be paid at the rate of four paise on every rupee of his turnover pertaining to declared goods, if the goods have not suffered tax earlier, and no tax shall be payable on the turnover pertaining to declared goods, if such goods have suffered tax earlier under this Act and are transferred from the contractor to the contractee in the same form in which they were purchased by the contractor:
Provided further that no tax shall be levied on the turnover of transfer of property in goods, specified in the Fourth Schedule to the Act, involved in the execution of works contract, if such goods are transferred from the contractor to the contractee in the same form in which they were purchased by the contractor.
Provided also that no such tax shall be leviable on the turnover of transfer of property in goods whether as goods or in some other form involved in the execution of works contract, if such transfer from the contractor to the contractee constitutes a sale in the course of inter State trade or commerce under Section 3 or an outside the State sale under Section 4, or a sale in the course of import or export under Section 5 of the Central Sales Tax Act, 1956 but does not include the goods either obtained or purchased from other States and used in the execution of works contract.
Provided also that no tax shall be payable under this section on the turnover relating to the amounts paid to a sub contractor as consideration for the execution of works contract whether wholly or partly subject to the production of proof that such sub contractor is a registered dealer liable to tax under the Act and that the turnover of such amount is included in the return of turnover filed by such sub contractor.
### 5G. Composition of tax payable under Section 5F.
(1) Subject to such conditions and in such circumstances as may be prescribed if a dealer, who executes any works contract other than the category of contracts notified by the Government under sub-section (2), so opts, the assessing authority of the area may accept, in lieu of the amount of tax payable by him under the Act during the year, by way of composition, an amount at the rate of four paise on every rupee of the total amount paid or payable to the dealer towards execution of the works contract:
Provided that no tax shall be payable under this section on the turnover relating to the amounts paid to a subcontractor as consideration for the execution of the works contract whether wholly or partly subject to the production of proof that such sub-contractor is a registered dealer liable to tax under the Act and that the turnover of such amounts is included in the return of the turnover filed by such sub-contractor.
Provided further that if a dealer who executes a works contract of construction of apartments or buildings, so opts, the assessing authority of the area may accept, by way of composition an amount calculated at the rate of rupees 4/- (Rupees four only) per square foot of the constructed area.
(2) The Government may notify from time to time the category of works contract for which the scheme of payment of tax by composition under sub-section (1) does not apply.
(3) Every dealer who elects to pay tax under sub-section (1) shall apply in the prescribed form to the assessing authority to be permitted to pay the amount of tax under sub-section (1), and on being so permitted, in the prescribed form, he shall pay tax as specified under Section 13 and 15 of the Act.
(4) [ Nothing contained in sub-section (1) shall apply to a dealer, who purchases or receives goods from outside , the State for the purpose of using such goods in the execution of works contract.]
[Added by Act No. 25 of 2002, dated 21.12.2002.]
### 5H. Deduction of tax at Source.
(1) Notwithstanding anything contained in this Act the Central Government or the State Government or an industrial, commercial or trading undertaking of the Central Government or of the State Government or a local authority or a statutory body; or a company registered under Companies Act, 1956 or any other person which the Government may notify from time to time, shall deduct from out of the amounts payable by them to a dealer in respect of works contract executed for them, an amount calculated at such rate as may be prescribed, but not exceeding four percent of the total turnover;
(2) The tax deducted under sub-section (1) shall be remitted to Government in such manner and within such time as may be prescribed.
(3) The authority making deduction under sub section (1) shall furnish to the dealer from whom such deduction is made, a certificate, containing such particulars as may be prescribed.
(4) If any such authority defaults to deduct the tax specified under sub section (1) or defaults to remit the amount so deducted or any portion thereof as required under sub section (2), it shall be liable to pay, in addition to the amount so deducted, interest at the rates specified in sub section (3) of Section 16 of the Act on the amount with respect to which the default has taken place from the date of default to the date on which such amount is remitted.
(5) Payment by way of deduction in accordance with sub section (2) shall be without prejudice to any other mode of recovery of tax due under this Act from the dealer executing the works contract.
(6) Where, tax in respect of works contract is remitted under sub section (2), the tax payable by the dealer in respect of such works contract shall be reduced by the amount of tax already remitted under the said sub section:
Provided that the burden of proving that the tax on such works contract has already been remitted and of establishing the exact quantum of tax so remitted shall be on the dealer claiming the reduction.
### 6. Tax in respect of declared goods.
- Notwithstanding anything contained in section 5, the sales or purchases of declared goods by a dealer shall be liable to tax at the rate, and only at the point of sale or purchase specified against each in the third Schedule on his turnover of such sales or purchases for each year irrespective of the quantum of his turnover in such goods; and the tax shall be assessed levied and collected in such manner as may be prescribed.
Provided that where any such goods on which a tax has been so levied are sold in the course of inter State trade or commerce. and tax has been paid under the Central Sales Tax Act, 1956 in respect of the sale of such goods in the course of inter State trade or commerce the tax so levied, ( shall be reimbursed to the person making such sale in the course of inter State trade or commerce,) in such manner and subject to such conditions as may be prescribed.
### 6A. Levy of tax on turnover relating to purchase of certain goods.
- Every dealer, who in the course of business:
(i) purchases any goods (the sale or purchase of which is liable to tax under this Act) from a registered dealer in circumstances in which no tax is payable under section 5 or under section 6, as the case may be, or.
(ii) purchases any goods (the sale or purchase of which is liable to tax under this Act) from a person other than a registered dealer, and
(a) consumes such goods in the manufacture of other goods for sale or consumes them otherwise, or:
(b) disposes of such goods in any manner other than by way of sale in the State or.
(c) despatches them to a place outside the State except as a direct result of sale or purchase in the course of inter State trade or commerce, shall pay tax on the turnover relating to purchase aforesaid at the same rate at which but for the existence of the aforementioned circumstances, the tax would have been leviable on such goods under Section 5 or Section 6.
### 6B. - [Omitted]
### 6C. Levy of tax on packing material.
- Notwithstanding anything contained in Section 5, Section 5F Section 6 and Section 6A, the rate of tax on packing material sold with the goods shall be the same as that of the goods packed or filled, whether or not there is separate sale or agreement for sale for the packing material and the goods packed or filled.
### 7. Stage of levy of taxes in respect of imported and exported goods.
- Where in the case of any goods tax is leviable at one point in a series of sales or purchases, such series shall
(a) in the case of goods imported into the State either from outside the territory of India or from any other State in India, be deemed to commence at the stage of the sale or purchase effected immediately after the import of such goods.
(b) in the case of goods exported out of the State to anyplace outside the territory of India or to any other State in India, be deemed to conclude at the stage of sale or purchase effected immediately before the export of such goods.
Explanation. - The provision contained in sub-section (3) of Section 5 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956), shall apply for the purpose of clause (b);
### 7A. Burden of proof and liability of the dealer to pay tax and penalty.
(1) In the case of an assessment made under sub section (2) of section 5, section 6 or the notification issued under section 9, the burden of proving that any sale or purchase effected by a dealer is not liable to any tax or is liable to be taxed at a reduced rate shall lie on the dealer.
(1-A) Notwithstanding anything contained in this Act, or in any other law, a dealer in any of the goods liable to tax in respect of the sale or the purchase in the State shall be deemed to be the seller or purchaser, as the case may be of such goods and shall be liable to pay tax accordingly on his turnover of sales or purchases relating to such goods, unless he proves to the satisfaction of the assessing authority that the goods sold or purchased as the case may be, have already suffered tax under this Act.
(2) Where a dealer issues or produces a false bill, voucher, declaration, certificate or other document with a view to support or make any claim that a transaction of sale or purchase effected by him or any other dealer, is not liable to be taxed or is liable to be taxed at reduced rate, the assessing authority shall on detecting such issue or production, direct the dealer issuing or producing such document to pay as penalty:
(i) in the case of first such detection, three times the tax due in respect of such transaction; and
(ii) in the case of a second or subsequent detection, five times the tax due in respect of such transaction:
Provided that before issuing any direction for the payment of the penalty under this section, the assessing authority shall give to the dealer an opportunity of making representation against the levy of such penalty.
### 8. Exemption from tax in respect of certain goods.
- Subject to such restrictions and conditions as may be prescribed a dealer who deals in the goods specified in the Fourth Schedule shall be exempt from tax under this Act in respect of such goods.
### 9. Power of State Government to notify exemptions and reductions of tax or interest.
(1) The State Government may, by notification in the Andhra Pradesh Gazette, make an exemption, or reduction in rate, in respect of any tax or interest payable under this Act -
(i) on the sale or purchase of any specified class of goods, at all points or at any specified point or points in series of sales or purchases by successive dealers;or
(ii) by any specified class of persons, in regard to the whole or any part of their turnover.
(2) Any exemption from tax or interest or reduction in the rate of tax or interest notified under sub section (1)
(a) may extend to the whole of the State or to any specified area or areas therein;
(b) may be subject to such restrictions and conditions as may be specified in the notification, including conditions as to licences and licence fees.
### 10. [Omitted]
### 11. [Omitted]
### 12. Registration of Dealers.
(1) Every dealer (other than casual trader) whose total turnover in any year is not less than Rs.50,000 shall and any other dealer may get himself registered under this Act.
(1-A) Notwithstanding anything contained in this section any dealer who purchases goods inside the State and sells the same to consumers on retail basis and who does not issue declarations in Form-X in respect of sales or purchases effected by him and who is not registered under Central Sales Tax Act, 1956 (Act No.74 of 1956) shall be registered as a special category dealer and certificate of the registration shall be issued to him in such manner and in such form as may be prescribed.
(2) Notwithstanding anything contained in sub section (1) every dealer
(a) carrying on business in all or any of the goods mentioned in the First, Second, Third, Fifth and sixth Schedules;
(b) carrying on or executing any works contracts:
(c) who transfers the right to the use of any goods for any purpose whatsoever (whether or not for a specified period) in the course of business to any other person;
(d) registered under sub section (3) of section 7 of the Central Sales Tax Act, 1956;
(e) residing outside the State, but carrying on business in this State;
(f) every agent of non resident dealer;
(g) every commission agent, broker, delcredere agent, auctioneer or any other mercantile agent, by whatever name called, who carries on the business of buying, selling, supplying distributing or delivering the goods on behalf of any principal: shall get himself registered under this Act irrespective of the quantum of his turnover.
Provided that the State Government may by notification, and for reasons to be specified therein exempt any dealer or class or dealers from registration under this section.
(3) Every miller whether he is a dealer or not shall get himself registered under this Act.
(4) Where a registered dealer
(i) dies, or
(ii) transfers or otherwise disposes of his business in whole or in part, or
(iii) effects any change in the ownership of his business; in consequence of which he is succeeded in the business or part thereof by any other person such successor in business shall unless he already holds a certificate of registration get himself registered under this Act.
(5) No dealer who is liable to get himself registered under sub section (1) or sub section (2) or sub section (4) shall carry on business as a dealer unless he has been registered and is in possession of a certificate of registration.
(6) An application for registration shall be made to the prescribed authority, in such manner and within such time as may be prescribed and shall be accompanied by a fee of five hundred rupees.
(7) Where it appears necessary to the authority to whom an application is made under sub section (6) so to do for the proper realisation of the tax and other dues payable under this Act, or for the proper custody and use of the forms referred to in this Act, the rules made and the notifications issued thereunder, he may by an order in writing and for reasons to be recorded therein, impose as a condition for the issue of a certificate of registration a requirement that the dealer shall furnish in the prescribed manner and within such time as may be specified in the order such security as may be specified for all or any of the aforesaid purposes.
(8) If the authority to whom an application is made under sub section (6) is satisfied that the application is bonafide and is in order and in conformity with the provisions of this Act and the rules made thereunder and conditions, if any, imposed under sub section (7) has been complied with, he shall register the applicant and grant him a certificate of registration in the prescribed form.
(9) Where any such dealer has more than one shop or place of business (other than a place used merely for the storage of goods) he shall apply for registration and obtain a separate registration certificate in respect of each such shop or place of business on payment of a sum of one hundred rupees for each such shop or place of business.
(10) Where it appears necessary to the authority granting a certificate of registration under this section so to do for the proper realisation of tax and other dues payable under this Act or for the proper custody and use of the forms referred to in sub section (7) he may, at any time while such certificate is in force, by an order in writing and for reasons to be recorded therein, require the dealer, to whom the certificate of registration has been granted, to furnish within such time as may be specified in the order and in the prescribed manner such security, or, if the dealer has already furnished any security in pursuance of an order under this sub section or sub section (7) such additional security, as may be specified in the order for all or any of the aforesaid purposes.
(11) No dealer shall be required to furnish any security under sub section (7) or any security or additional security under sub section (10) unless he has been given an opportunity of being heard and the amount of such security or additional security that may be required to be furnished shall not exceed the amount equal to tax payable under this Act, in accordance with the estimate of such authority, on the turnover of such dealer for the year in which such security or as the case may be, additional security is required to be furnished.
(12) Where the security furnished by a dealer under sub section (7) or sub section (10) is in the form of a surety bond and the surety dies or becomes insolvent, the dealer shall, within thirty days of the occurrence of such event, inform the prescribed authority and shall, within ninety days of such occurrence execute a fresh surety bond for the amount of the bond.
(13) The authority granting the certificate of registration under this section may by order and for good and sufficient cause, and after giving the dealer an opportunity of being heard, forfeit the whole or any part of the security furnished by a dealer, -
(a) for realising any amount of tax or penalty or interest or other dues payable by the dealer;
(b) if the dealer is found to have misused any of the forms referred to in sub sections (7) and (10) or to have failed to keep them in proper custody.
(14) Where, by reason of an order under sub section (3) the security furnished by any dealer is rendered insufficient, he shall make up the deficiency in such manner and within such time as may be prescribed.
(15) The authority issuing the forms referred to in sub section (7) may refuse to issue such forms to a dealer who has failed to comply with an order under that sub section or sub section (10) or with the provisions of sub section (12) or sub section (14) until the dealer has complied with such order or such provisions as the case may be.
(16) The authority granting a certificate of registration under this section may on an application by the dealer to whom a certificate of registration has been granted order the refund of any amount or part thereof deposited by the dealer by way of security under this section, if it is not required for the purposes of this Act.
(17) The prescribed authority shall have power for good and sufficient reasons to cancel, modify or amend any certificate of registration issued by him.
Provided that no order shall be passed under this sub section without giving the dealer concerned an opportunity of being heard.
(18) A dealer shall, until his registration is cancelled be liable to pay the fees prescribed therefor for every year subsequent to that in which he applied for registration.
Provided that when a dealer has ceased to do business in any year, he shall not be liable to pay any registration fee from the commencement of the following year unless he resumes business.
(19) Nothing contained in this section shall apply to the State Government or Central Government or any department of any such Government carrying on business as a dealer.
### 12A. [Omitted]
### 12B. [Omitted]
### 13. Submission of return of turnover by dealer.
- Every dealer who is liable to get himself registered under Section 12 under this Act shall submit such return or returns relating to his turnover, in such manner, within such period, and to such authority as may be prescribed.
### 13A. Penalty for failure to submit returns.
- If any dealer who is not liable to pay tax under this Act, fails to submit a return as required by the provisions of this Act or the rules made thereunder, the assessing authority may after giving the dealer a reasonable opportunity of being heard direct him to pay by way of penalty a sum calculated at the rate of one hundred rupees for every day of delay in filing return.
### 13B. Submission of returns by Banks.
- Every scheduled bank including any branch of such bank or any banking institution in the State shall, at the request of the assessing authority concerned, submit in each month a return in the prescribed form, of all bills relating to goods discounted, cleared or negotiated and the payment and receipts relatable to the sale or purchase of goods transacted by or through it during the preceding month, in such manner and within such period as may be prescribed.
### 13C. Issue of Bills.
(1) Every dealer whose total turnover is not less than rupees two lakhs in a year, shall issue a bill or cash memorandum in such form and with such details of tax collected as may be prescribed, for every sale involving an amount not less than rupees one hundred:
Provided that every dealer including a dealer whose turnover is less than rupees two lakhs shall issue a sale bill in the proforma prescribed, irrespective of the amount of sale, when demanded by the buyer.
(2) Every dealer who violates the provision of sub-section (1) and rules made thereunder shall be liable to pay a penalty.
(3) The penalty leviable under sub-section (2),-
(a) shall be of [Rs. 500/- (rupees five hundred)]
[Substituted 'Rs. 250/-' by Act No. 25 of 2002, dated 21.12.2002.]
or an amount calculated as a multiple of tax due on each such bill, subject to maximum of five times of the tax due whichever is higher for every one of such lapse;
(b) shall be of [Rs. 3,000/- (rupee three hundred)]
[Substituted 'Rs. 1,000/-' by Act No. 25 of 2002, dated 21.12.2002.]
or an amount calculated as a multiple of tax due on each such bill, subject to maximum of five times of the tax due whichever is higher for every one of such subsequent lapse;
Provided that where such violation to issue bills was noticed for the first time such dealer shall be let off with a warning.
### 14. Assessment of tax.
(1) If the assessing authority is satisfied that any return submitted under section 13 is correct and complete, he shall assess the amount of tax payable by the dealer on the basis thereof, but if the return appears to him to be incorrect or incomplete he shall, after giving the dealer a reasonable opportunity of proving the correctness and completeness of the return submitted by him and making such inquiry as he deems necessary, assess to the best of his judgment, the amount of tax due from the dealer. An assessment under this section shall be made only within a period of three years from the expiry of the year to which the assessment relates.
Provided that notwithstanding the amendment made to sub section (1) by the Andhra Pradesh General Sales Tax (Third Amendment) Act, 1995 the period for assessment under this sub section shall continue to be four years for the years preceding to the year 1992-93.
Provided further that the period for assessments under this sub-section shall be two years for the assessments relating to the year 1999-2000 and one year for the assessments relating to 2000-2001 and 2001-2002.
(1-A) Where the return submitted by a dealer includes the turnover or any of the particulars thereof which would not have been disclosed but for an inspection of accounts, registers or other documents of the dealer made by an officer authorised under this Act before the submission of such return, the assessing authority may, after giving an opportunity to the dealer for making a representation in this behalf, treat such return to be an incorrect or incomplete return within the meaning of sub section (1) and proceed to take action on that basis.
(1-B) Central Act 38 of 1949. - Every dealer whose turnover is not less than rupees forty lakhs in a year, shall, within such time as may be prescribed, furnish a certified of audit along with the other statements as may be prescribed duly certificate by a Chartered Accountant within the meaning of the Chartered Accounts Act, 1949; and if any dealer who fails to furnish the same shall be liable for penalty of rupees one lakh or an amount equivalent to one-half per cent of the total turn over relating to the relevant assessment year whichever is less:
Provided that before levying such penalty, the assessing authority shall give the dealer a reasonable opportunity of being heard.
(2) When making an assessment to the best of judgment under sub section (1), the assessing authority may also direct the dealer to pay in addition to the tax assessed a penalty as specified in sub section (8) on the turnover that was not disclosed by the dealer in his return.
(3) Where any dealer liable to tax under this Act -
(i) fails to submit return before the date prescribed in that behalf, or
(ii) produces the accounts, registers and other documents after inspection or
(iii) submits a return subsequent to the date of inspection, the assessing authority may, at any time within a period of six years from the expiry of the year to which assessment relates, after issuing a notice to the dealer and after such enquiry as he considers necessary, assess to the best of his judgment, the amount of tax due from the dealer on his turnover for that year, and may direct the dealer to pay in addition to the tax so assessed penalty as specified in sub section (8).
(4) In any of the following events, namely, where the whole or any part of the turnover of a business of a dealer has escaped assessment to tax, or has been under assessed or assessed at a rate lower than the correct rate, or where the licence fee or registration fee has escaped levy or has been levied at a rate lower than the correct rate, the assessing authority may, after issuing a notice to the dealer, and after making such enquiry as he may consider necessary, by order, setting out the grounds therefor
(a) determine to the best of his judgment the turnover that has escaped assessment and assess the turnover so determined;
(b) assess the correct amount of tax payable on the turnover that has been under assessed;
(c) assess at the correct rate the turnover that has been assessed at a lower rate;
(cc) assess the correct amount of tax payable, in case where any deduction or exemption has been wrongly allowed;
(d) levy the licence fee after determining to the best of his judgment the turnover on which such fee is payable.
(e) levy the registration fee that has escaped levy;
(f) levy the correct amount of licence fee or registration fee in a case where such fee has been levied at a rate lower than the correct rate. In addition to the tax assessed or fee levied under this sub section, the assessing authority may also direct the dealer to pay a penalty as specified in sub section (8)
(4A)
Any assessment or levy under sub section (4) shall be made within a period of four years from the date on which any order of assessment or levy was served on the dealer.
(4B)
Before issuing any direction for the payment of any penalty under sub section (2) sub section (3) or sub section (4), the assessing authority shall give the dealer a reasonable opportunity to explain the omission to disclose the turnover or to furnish correctly any particulars and shall make such enquiry as he considers necessary.
(4C)
The powers conferred by sub section (4) on the assessing authority may, subject to the same conditions as are applicable in the case of that authority; be exercised also by any of the authorities higher than the assessing authority including the Assistant Commissioner (Intelligence), the Deputy Commissioner and the Joint Commissioner.
(5) Where an assessment under this section has been deferred on account of any stay order granted by the Special Appellate Tribunal in any case, or by reason of the fact that an appeal or other proceedings is pending before the Special Appellate Tribunal or the Supreme Court involving a question of law having a direct bearing on the assessment in question, the period during which the stay order was in force or such appeal or proceeding was pending shall be excluded in computing the period of four years or six years as the case may be specified in this section for the purpose of making the assessments.
(6) It shall be lawful for the Commissioner of Commercial Taxes to direct, by general or special order, any assessing authority to defer assessment in respect of any class of goods or any class of dealers pending clarification by it of any question referred to it, if such question has a direct bearing on such assessment. The period between the date of such direction and the date on which such clarification has been received shall be excluded in computing the period of four years or six years, as the case may be, specified in this section for the purpose of making the assessment.
(7) Where an assessment made under this section has been set aside by any court or other competent authority under this Act for any reason) the period between the date of such assessment and the date on which it has been set aside shall be excluded in computing the period of four years or six years, as the case may be, specified in this section for the purpose of making any fresh assessment.
(7A)
Where there has been delay on the part of the dealer in the production of accounts and statements for the purpose of making the assessment, in the submission of reply or objections to the notice of assessment.
(a) the period between the date of issue of first notice by the assessing authority calling for production of accounts and statements and the date of actual production of such accounts and statements; and
(b) the period between the date of issue of notice of assessment and the date of actual submission of reply or objections; shall be excluded in computing the period of four years or six years, as the case may be, specified in this section for the purpose of making the assessment.
(8) The penalty leviable under sub section (2), sub section (3) or sub section (4)
(a) shall not be less than three times but which may extend to five times the tax or the fee due in a case where the assessing authority is satisfied that the failure of the dealer to disclose the whole or part of the turnover or any other particulars correctly, or to submit the return before the prescribed date, was wilful; and
(b) shall not exceed one half of the tax or the fee due in a case where such failure was not wilful;
Provided that where such failure occurred due to a bona fide mistake on the part of the dealer, no such penalty shall be levied.
Explanation. - The expression assessing authority occurring in this section shall, in relation to licence fee or registration fee, be construed as referring to the licensing or registering authority, as the case may be, under this Act.
### 14A. Assessment in cases of price variations.
(1) Notwithstanding anything contained in Section 14-
(a) if a dealer receives in any year any amount due to price variations which would have been included in his turnover for any previous year if it has been received by him in that year, he shall within thirty days from the end of the year in which such amount is received submit a return in such form as may be prescribed to the assessing authority and thereupon the assessing authority shall proceed to assess the tax payable on such amount;
(b) If the assessing authority is satisfied that any return submitted under clause (a) is correct and complete, he shall assess the amount of tax payable by the dealer on the basis thereof, but if such return appears to him to be incorrect or incomplete, he shall after giving the dealer an opportunity of proving the correctness and completeness of the return submitted by him and after making such inquiry as he considers necessary and taking into account all relevant materials gathered by him, assess to the best of his judgment, the amount of tax due from the dealer. An assessment under this clause, shall be made only within a period of three years from the expiry of the period within which such return ought to have been submitted; and
(c) if no return is submitted by the dealer under clause (a) within the period of thirty days aforesaid, the assessing authority may at any time within a period of six years from the expiry of the period within which such return ought to have been submitted after issuing a notice to the dealer and after making such inquiry as he considers necessary, assess to the best of his judgment the amount of tax due from the dealer on the amount referred to in clause (a).
(2) The provisions of section 14 including penalty shall apply to assessment and re assessment of escaped turnover under this section.
### 14B. Assessment of sales shown in accounts at low prices.
(1) If the assessing authority is satisfied that a dealer has, with a view to evade the payment of tax, shown in his account sales or purchases of any goods at price which is less than fair market price of such goods, it may, at any time within a period of three years from the date on which any order of assessment was served on the dealer, assess or re assess the dealer to the best of the judgment on the turnover of such sales or purchases after making such enquiry as may be necessary and after giving the dealer a reasonable opportunity to show cause against such assessment.
(1-A) While making the assessments under sub-section (1) above , the assessing authority shall adopt the highest value of the goods disclosed by the dealer to various statutory bodies or departments etc.
(2) The provisions of section 14 including penalty shall apply to assessment and re assessment of escaped turnover under this section.
### 14C. Special provision to pay tax on total turnover.
(1) Subject to the conditions specified in sub sections (2) to (5) of this section any dealer other than a casual trader or an agent of a non resident dealer or a dealer who is registered under Section 7 of the Central Sales Tax Act, 1956 whose total turnover does not exceed rupees five lakhs for the assessment year concerned, may at his option. pay the amount of tax at the rate of two percent of the total turnover, in lieu of tax payable under the other provisions of this Act.
(2) The provisions of this section shall not apply to dealers dealing in such commodities as may be notified by the Government form time to time.
(3) No dealer shall be eligible to opt to pay tax under sub section (1) for two years from the date of registration under this Act.
(4) If in any one of the preceding two years, the total turnover of a dealer exceeds rupees five lakhs he shall not be eligible to opt to pay tax under sub section (1)
(5) Any dealer who is in arrears in the payment of tax to the Government and any dealer against whom proceedings are pending or action was taken under Section 14 (4) of the Act, in any of the preceding two years, shall not be entitled to opt to pay tax under sub section (1).
(6) The assessment of tax under sub section (1) shall be deemed to have been completed when the dealer files his return in such manner and with such particulars and proof as may be prescribed.
(7) If the return filed by a dealer under sub section (1) appears to be incorrect or incomplete or the dealer has not paid in full the tax payable under sub section (1), the authority prescribed shall cancel the option exercised and also the assessment that was deemed to have been completed under sub section (6)and proceed to assess the total turnover under Section 14 of the Act.
### 14D. Self Assessment.
(1) Every dealer (other than a casual trader or a dealer who opted for payment of tax under Section 14C or agent of a non resident dealer) whose total turnover in a year exceeds rupees ten lakhs but does not exceed rupees twenty five lakhs, in addition to the returns to be filed under Section 13 shall, submit to the assessing authority concerned a return of his total and net turnovers and tax due thereon at all places of his business in the preceding year within such time in such form and in such manner, as may be prescribed along with the tax due has been completed when the dealer files his return in such manner and with such particulars and proof as may be prescribed along with the tax due.
(2) Every such dealer liable to submit a return of self assessment under sub section (1) shall assess the correct amount of tax due on the turnover liable to tax:
Provided that no dealer shall be eligible to assess the tax under this section due for two years form the date of Registration under this Act,.
(3) among the cases where the return is filed under sub section (1) the assessing authority shall take up assessment under Section 14 in respect of the following cases, namely:
(i) where the return filed by the dealer under sub section (1) does not appear to be correct and complete; or the dealer has not paid the tax due under sub section (1) in full; or
(ii) where the increase in net taxable turnover during assessment year is less than such percentage as may be prescribed when compared to that of preceding year; or
(iii) where in any one of the preceding two years the total turnover of a dealer exceeds rupees twenty five lakhs; or
(iv) where a dealer is in arrears of tax to the Government;or
(v) where on inspection of the business premises of a dealer or otherwise there is reason to believe that the dealer has suppressed a part or whole of the turnover of his business or that the dealer is evading payment of tax; or
(vi) where in any one of the preceding two years, any proceedings are pending or action was taken under Section 14 (4) or Section 14 (8) of the Act; or
(vii) where the dealer fails to furnish the details of usage of statutory forms like Way Bills, C Forms, F Forms, H Forms and G Forms during the relevant year.
(4) It shall be competent for the assessing authority to take up the returns filed by such number of dealers for assessment under Section 14 as it may deem necessary for detailed scrutiny and verification.
(5) In all the cases where a return filed under sub section (1) is not taken up for assessment either under sub section (3) or sub section (4), the return so filed shall be deemed to have been accepted and orders shall be passed in the manner prescribed.
(6) the provisions of sub section (4) of Section 14 shall mutatis mutandis apply to the assessment under this Section.
### 14E. Self assessment of dealers with a turnover less than rupees ten lakhs.
(1) Any dealer whose turnover in a year does not exceed rupees twenty lakhs or a dealer registered under subsection (1-A) of Section 12 and liable to file a return under Section 15, shall submit to the assessing authority, within ninety days from the close of year, a return of self assessment in such form and in such manner as may be prescribed and in such return he shall assess the turnover at all places of his business during the year and tax due thereon correctly:
Provided that any return filed after the expiry of sixty days from the close of the year may be received if the return is accompanied by a treasury receipt or cheque or demand draft for payment of a penalty equivalent to the amount calculated at the rate of rupees one hundred for every day of delay.
(2) The Commissioner of Commercial Taxes shall issue guidelines from time to time, for identifying from among the dealers who filed returns under sub-section (1), the dealers whose assessments shall be taken up for assessment under Section 14.
(3) From among the dealers who filed returns under sub-section (1),the Deputy Commissioner shall on the basis of the guidelines issued by the Commissioner of commercial Taxes from time to time, identify within such time as may be prescribed, the dealers whose assessments shall be taken up under Section 14.
(4) Except in the cases which are identified by the Deputy Commissioner under sub-section (4) for taking up assessment under Section 14 and subject to the conditions that may be prescribed, the assessments of the dealers who file a correct and complete return under sub-section (1) shall be deemed to have been completed on such date as may be prescribed.
(5) The provisions of sub-sections (4) and (8) of Section 14 shall apply mutatis mutandis to the assessment deemed to have been completed under sub-section (5) of this section.
### 15. Provisional assessment of tax.
(1) The tax payable under this Act for each year may be provisionally assessed in advance during the year in monthly or other prescribed instalments on the basis of estimated or actual turnover of the dealer; and for that purpose a dealer may be required to submit a return or periodical return of estimated or actual turnover and pay the tax on the basis of such return or periodical returns, in such manner as may be prescribed.
(2) If the assessing authority has reason to believe that the provisional assessment for any period was made on too low a turnover or at too low a rate, or on too high a turnover or too high a rate, he may enhance or reduce, as the case may be, such provisional assessment: Provided that before making an enhancement of the provisional assessment as aforesaid the assessing authority shall, except where such enhancement is based on the turnover finally determined for the preceding year, issue a notice thereof to the dealer and make such inquiry as he considers necessary.
(3) The tax provisionally assessed may be levied and collected, either in advance during the year in monthly or other prescribed instalments or any time thereafter in one lumpsum.
(4) Any dealer who is liable to pay tax fails to submit a return as required by the provisions of this Act or the rules made thereunder or any dealer who fails to pay the tax due on the basis of the return submitted by him under section 13 or fails to pay the tax provisionally assessed shall be liable to pay by way of penalty:
(a) an amount equal to thirty per cent (30%) of the tax where the dealer has charged the tax from the purchaser; and
(b) in any other case, an amount equivalent to twenty per cent (20%) of the amount of tax:
Provided that before levying such penalty the assessing authority shall give the dealer a reasonable opportunity of being heard.
### 15A. Assessment of tax on Casual Traders.
- Notwithstanding anything in sections 14 and 15, it shall be open to an assessing authority, including the officer in charge of the check post or barrier referred to in Section 29 to make a provisional or final assessment on a casual trader on the turnover of the purchase, or the sale of the goods, effected by him, in accordance with such rules as may be made in this behalf.
### 15B. Discontinuance of business or dissolution.
(1) Where any business carried on by a firm, a Hindu undivided family or an association has been discontinued or the firm, Hindu undivided family or association has been dissolved, the assessing authority shall make an assessment of the turnover of the firm, Hindu undivided family, or association, as the case may be, as if no such discontinuance or dissolution had taken place and all the provisions of this Act, including the provisions relating to the levy of a penalty or any other sum chargeable under any provision of this Act, shall, so far as may be, applied to such assessment.
(2) Where such discontinuance or dissolution takes place after any proceeding in respect of an assessment for any year has commenced, the proceeding may be continued against every person who was, at the time of such discontinuance or dissolution, a partner of such firm or a member of such Hindu undivided family or association, as the case may be, or the legal representative of any such person who is deceased, from the stage at which the proceeding stood at the time of such discontinuance or dissolution, and all the provisions of this Act shall, so far as may be, applied accordingly.
### 16. Payment of tax and other dues payable under the Act.
(1) The tax assessed, whether provisionally or finally and the penalty levied under the provisions of this Act shall be paid by the dealer in such manner, and within such time, not being less than fifteen days from the date of service of the notice of assessment or of the levy of penalty, as may be specified in such notice:
Provided that the time limit of fifteen days for a notice under this sub section shall not apply to casual traders.
Provided further that the assessing authority may, for good and sufficient reasons to be recorded in writing, require the dealer to pay the tax assessed or the penalty levied within such time, not being less than seven days from the date of service of the notice of assessment, as may be specified in the notice.
Provided also that the assessing authority shall require the dealer to pay the tax due as per the return filed by him in case such return is not accompanied by the proof of payments of tax and it shall not be necessary to give minimum time of fifteen days for payment of tax as mentioned in this section;
(2) (a)
Notwithstanding anything contained in sub section (1) , on an application made by the assessee, the Deputy Commissioner may, by an order, allow extension of time for payment of any tax, penalty or other amount due under this Act, or permit the payment thereof in such instalments, within such intervals and subject to such conditions as he may specify in the said order, having regard to the circumstances of each case;
(b) in every case where extension of time for such payment is allowed or where such payment in instalments is permitted, the dealer shall pay, in addition to such tax, penalty, instalment or other amount, interest at the rate of one rupee and fifty paise for every one hundred rupees or part thereof for each month or part thereof, from the date specified for its payment for the period so extended or on the instalments so permitted.
Provided that as a measure to revive the sick industries, interest at the rate of ten per cent per annum only shall be levied against the amount of sales tax deferred as per the revival package.
(3) (a)
If the tax assessed or penalty levied or any other amount due under this Act or any instalment thereof is not paid by any dealer or other person within the time specified therefor in the notice of demand or in the order permitting the payment in instalments or in any other provision of the Act or the rules made thereunder, the dealer or other person, shall pay in addition to the amount of such tax, penalty, instalment or any other amount, interest calculated per every one hundred rupees or part thereof at the rates mentioned below for the period of delay from the due date or date specified for its payments.
(i) within 30 days of delay .. at the rate of 18% of the tax due.
(ii) above 30 days but below 90 days of delay .. at the rate of 24% of the tax due.
(iii) above 90 days but below 365 days of delay .. at the rate of 30% of the tax due.
(iv) for delay exceeding one year .. at the flat rate of 36% of the tax due per annum
(b) If any dealer fails to pay tax along with the return due to be filed him, interest calculated at the rates mentioned in sub-clause (a) of this sub-section shall be levied for the period of delay commencing from the date on which the return is due to be filed by that dealer to the assessing authority;
(c) The dealer shall calculate the interest at the rates mentioned above for the period of delay and shall remit it along with the tax due to be paid by him;
(d) If any new dealer fails to file a return he shall be liable to pay interest on the amount of tax due or as assessed by the assessing authority for the period of delay commencing from the date on which the return is due to be filed by him.
(4) If the tax assessed or penalty levied or interest payable under this Act or any instalment therefor, and the fees payable towards licence or registration, are not paid by a dealer within the time specified thereof, the whole of the amount then remaining unpaid may be recovered from him as if it were an arrear of land revenue.
(5) The penalty Payable under this Act shall be without prejudice to the institution of any proceeding for an offence under this Act, or for the recovery of the entire amount remaining unpaid under sub section (4).
### 16A. Liability in case of firms.
- Where any firm is liable to pay any tax or other amount under this Act, the firm and each of the partners of the firm shall be jointly and severally liable for such payment.
### 16B. Liability of directors of private company in liquidation.
- When any private company is wound up and any tax assessed on the company under this Act for any period, whether before or in the course of or after its liquidation, cannot be recovered, then every person who was a director of the private company at any time during the period for which the tax is due, shall be jointly and severally liable for the payment of such tax, unless he proves that the non recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company.
### 16C. Liability under this Act to be the first charge.
- Notwithstanding anything to the contrary contained in any law for the time being in force, [any amount of tax, Government loan extended to the dealer due to treating deferred tax as deemed to have been paid, penalty, interest]
[Substituted 'any amount of tax, penalty, interest' by Act No. 25 of 2002, dated 21.12.2002.]
and any other sum if any, payable by a dealer or any other person under this Act, shall be the first charge on the property of dealer, or such person.
### 17. Recovery of tax and other dues payable under the Act from persons from whom money is due to the dealer.
(1) The assessing authority, may at any time or from time to time, by notice in writing (a copy of which shall be forwarded to the dealer at his last address known to the assessing authority) require any person from whom money is due or may become due to the dealer, or any person who holds or may subsequently hold money for, or on account of the dealer, to pay to the assessing authority either forthwith if the money has become due or is so held, or within the time specified in the notice (but not before the money becomes due or is held), so much of the money as is sufficient to pay the amount due by the dealer in respect of arrears of tax, interest, penalty or fee or the whole of the money when it is equal to or less than that amount.
(2) The assessing authority may, at any time, or from time to time, amend or revoke any such notice or extend the time of making any payment in pursuance of the notice.
(3) Any person making any payment in compliance with a notice under this section shall be deemed to have made the payment under the authority of the dealer and the receipt of the assessing authority shall constitute a good and sufficient discharge of the liability of such person to the extent of the amount referred to in the receipt.
(4) Any person discharging any liability to the dealer after receipt of the notice referred to in this section shall be personally liable to the assessing authority to the extent of the liability discharged or to the extent of the liability of the dealer for the amount due under this Act, whichever is less.
(5) Where any person to whom a notice under this section is sent proves to the satisfaction of the assessing authority that the sum demanded or any part thereof is not due by him to the dealer or that he does not hold any money for or on account of the dealer, then nothing contained in this section shall be deemed to require such person to pay the sum demanded or any part thereof, to the assessing authority.
(5-A) Where any person to whom a notice under sub section (1) is sent, fails to pay to the assessing authority the sum demanded or any part thereof as required in the said notice, such sum shall be recoverable from such person as if it were an arrear of land revenue due from him
(6) The provisions of this section shall be without prejudice to any action that may be taken for the recovery of the money due from the assessee.
### 17A. Transfers to defraud revenue void.
- Where during the pendency of any proceeding under this Act, or after the completion thereof any dealer creates a charge on, or parts with the possession by way of sale, mortgage, gift, exchange or any other mode of transfer whatsoever of any of his assets in favour of any other person, with the intention to defraud the revenue, such charge or transfer shall be void as against any claim in respect of any tax, or any other sum payable by the dealer as a result of the completion of the said proceeding or otherwise:
Provided that, such charge or transfer shall not be void if it is made -
(i) for adequate consideration and without notice of the pendency of such proceeding under this Act or, as the case may be, without notice of such tax or other sum payable by the dealer; or
(ii) with the previous permission of the assessing authority.
Explanation. - In this section assets means land, building, machinery, plant shares, securities, and fixed assets in banks to the extent to which any of the assets aforesaid do not form part of the stock in trade of the business of the dealer.
### 17B. Provisional attachment of property to protect revenue in certain cases.
(1) Where, during the pendency of any proceeding for the assessment of any turnover or for the assessment or reassessment of any turnover which has escaped assessment, the assessing authority is of the opinion that for the purpose of protecting the interest of the revenue it is necessary so to do, he may with the previous approval of the Commissioner, by order in writing, attach provisionally in the prescribed manner any property belonging to the assessee.
(2) Every such provisional attachment shall cease to have effect after the expiry of a period of six months from the date of the order made under sub section (1):
Provided that the Commissioner may, for reasons to be recorded in writing, extend the aforesaid period by such further period or periods as he thinks fit, so, however, that the total period of extension shall not in any case exceed two years.
### 17C. Special powers of Deputy Commissioner under the Revenue Recovery Act.
(1) A Deputy Commissioner shall have the powers of a Collector under the Andhra Pradesh Revenue Recovery Act, 1864 for the purpose of recovery of any amount due under this Act.
(2) Subject to the provisions of sub section (3) all Deputy Commercial Tax Officers shall, for the purposes of recovery of any amount due under this Act, have the powers of the Mandal Revenue Officer under the Andhra Pradesh Rent and Revenue Sales Act, 1839 for the sale of property distrained for any amount due under this Act.
(3) Notwithstanding anything contained in the Andhra Pradesh Rent and Revenue Sales Act, 1839, the Deputy Commercial Tax Officer in the exercise of the powers conferred by sub section (2) shall be subject to the control and superintendence of the Deputy Commissioner.
### 18. Recovery of tax where business of a dealer is transferred.
- Where ownership of the business of a dealer liable to pay tax is transferred, any tax or other amount payable under this Act in respect of such business and remaining unpaid at the time of the transfer, may without prejudice to any action that may be taken for its recovery from the transferor, be recoverable from the transferee as if he were the dealer liable to pay such tax or other amount.
### 19. Appeals.
(1) Any dealer objecting to any order passed or proceeding recorded by any authority under the provisions of this Act other than an order passed or proceeding recorded by a an Additional Commissioner or Joint Commissioner, Deputy Commissioner under sub section (4 C) of Section 14 may within thirty days from the date on which the order or proceeding was served on him, appeal to such authority as may be prescribed:
Provided that the appellate authority may within a further period of thirty days admit an appeal preferred after a period of thirty days if he is satisfied that the dealer had sufficient cause for not preferring the appeal within that period:
Provided further that an appeal so preferred shall not be admitted by the appellate authority concerned unless the dealer produces proof of payment of tax admitted to be due, or of such instalments as have been granted, and the proof of payment of twelve and half per cent of the difference of the tax assessed by the assessing authority and the tax admitted by the appellant, for the relevant assessment year, in respect of which the appeal is preferred.
(2) The appeal shall be in such form, and verified in such manner, as may be prescribed and shall be accompanied by a fee which shall not be less than fifty rupees but which shall not exceed one thousand rupees as may be prescribed.
(2-A) Where an appeal is admitted under sub section (1) , the appellate authority may, on an application filed by the appellant and subject to furnishing of such security or on payment of such part of the disputed tax within such time as may be specified order stay of collection of the tax under dispute pending disposal of the appeal.
(2-B) Against an order passed by the appellate authority refusing to order stay under sub section (2-A) the appellant may prefer a revision petition within thirty days from the date of the order of such refusal to the Additional Commissioner or Joint Commissioner who may, subject to such terms and conditions as he may think fit, order stay of collection of the tax under dispute pending disposal of the appeal by the appellate authority.
(2-C) Notwithstanding anything in sub section (2-A) or sub-section (2-B), where a dealer has preferred an appeal to the Appellate Tribunal under Section 21, the stay, if any, ordered under sub section (2-B) shall be operative till the disposal of the appeal by such Tribunal, and, the stay, if any ordered under sub section (2-A) shall be operative till the disposal of the appeal by such Tribunal, only in case where the Additional or Joint Commissioner on an application made to him by the dealer in the prescribed manner, makes specific order to that effect.
(3) The appellate authority may, after giving the appellant an opportunity of being heard and subject to such rules of procedure as may be prescribed:
(a) confirm, reduce, enhance or annul the assessment or the penalty, or both; or
(b) set aside the assessment or penalty, or both, and direct the assessing authority to pass a fresh order after such further enquiry as may be directed; or
(c) pass such other orders as it may think fit.
(4) Before passing orders under sub section (3), the appellate authority may make such enquiry as it deems fit or remand the case to any subordinate officer or authority for an inquiry and report on any specified point or points.
(5) Every order passed in appeal under this section shall, subject to the provisions of sections 20,21,22 and 23 be final.
### 20. Revision by (Commissioner of Commercial Taxes) and other prescribed authorities.
(1) The (Commissioner of Commercial Taxes) may suo motu call for and examine the record of any order passed or proceeding recorded by any authority, officer or person subordinate to it, under the provisions of this Act, including sub section (2) of this section and if such order or proceeding recorded is prejudicial to the interests of revenue, may make such enquiry, or cause such enquiry to be made and subject to the provisions of this Act, may initiate proceedings to revise, modify or set aside such order or proceeding and may pass such order in reference thereto as it thinks fit.
(2) Powers of the nature referred to in sub section (1) may also be exercised by Additional Commissioner, or the joint Commissioner, Deputy Commissioner or Assistant Commissioner and the Commercial Tax Officer in the case of orders passed or proceedings recorded by authorities, officers or persons subordinate to them.
(2-A) The power under sub section (1) or sub section (2) shall not be exercised by the authority specified therein in respect of any issue or question which is the subject matter of an appeal before, or which was decided on appeal by, the Appellate Tribunal under Section 21.
(3) In relation to an order of assessment passed under this Act, the powers conferred by sub sections (1) and (2) shall be exercisable only within such period not exceeding four years from the date on which the order was served on the dealer, as may be prescribed.
(4) No order shall be passed under sub section (1) or sub section (2) enhancing any assessment unless an opportunity has been given to the assessee to show cause against the proposed enhancement.
(5) Where an order passed under this section has been set aside by any Court or other competent authority under this Act for any reason) the period between the date of such order and the date on which it has been so set aside shall be excluded in computing the period of four years specified in sub section (3) for the purpose of making a fresh revision, if any, under this section.
(6) Where any proceeding under this section has been deferred on account of any stay order granted by the Special Appellate Tribunal in any case, or by reason of the fact that an appeal or other proceeding is pending before the Special Appellate Tribunal or the Supreme Court involving a question of law having a direct bearing on the order or proceeding in question, the period during which the stay order was in force or such appeal or proceeding was pending shall be excluded in computing the period of four years specified in this section for the purposes of exercising the power under this Section.
### 21. Appeal to the Appellate Tribunal.
(1) Any dealer objecting to an order passed or proceeding recorded -
(a) by any prescribed authority on appeal under Section 19, or
(b) by a Additional Commissioner or joint Commissioner or Deputy Commissioner suo motu under sub section (4-C) of Section 14 or under sub section (2) of section 20, may appeal to the Appellate Tribunal within sixty days from the date on which the order or proceeding was served on him.
(2) The Appellate Tribunal may within a further period of sixty days admit an appeal preferred after the period of sixty days mentioned in sub section (1), if it is satisfied that the dealer had sufficient cause for not preferring the appeal within that period.
Provided that no appeal against the order passed under Section 19 shall be admitted under sub-section (1) or subsection (2), unless it is accompanied by satisfactory proof of the payment of fifty per cent of the tax as ordered by the appellate Deputy Commissioner under Section 19:
Provided further that no appeal against the order passed under sub-section (2) of Section 20 shall be admitted under sub-section (1) or sub-section (2), unless it is accompanied by satisfactory proof of the payment of the tax admitted by the appellant to be due or in such instalments thereof as might have become payable as the case may be, and twenty five per cent of the difference of the tax ordered by the revisional authority under sub-section (2) of Section 20 and the tax admitted by the appellant:
Provided also that the assessing authority shall refund the said amount of twelve and half per cent or twenty five per cent or fifty per cent of the difference of tax assessed by the assessing authority or revisional authority as the case may be and the tax admitted and paid by the appellant, with simple interest calculated at the rate of 18% per annum if the refund is not made within 60 days from the date of receipt of the order passed under Section 19 or Section 21.
(3) The appeal shall be in the prescribed form, shall be verified in the prescribed manner, and shall be accompanied by such fee which shall not be less than one hundred rupees but which shall not exceed two thousand rupees as may be prescribed.
(4) The Appellate Tribunal may, after giving both parties to the appeal a reasonable opportunity of being heard -
(i) confirm, reduce, enhance or annul the assessment or the penalty or both; or
(ii) set aside the assessment or the penalty, or both, and direct the assessing authority to pass a fresh order after such further inquiry as may be directed; or
(iii) pass such other orders as it may think fit;
Provided that if the appeal, involves a question of law, a decision on which is pending in any proceeding before the High Court or the Supreme Court, the Appellate Tribunal may defer the hearing of the appeal before it, till such proceeding is disposed of.
(5) Before passing any order under sub section (4), the Appellate Tribunal may make such inquiry as it deems fit or remand the case to the appellate authority against whose order the appeal was preferred or to the assessing authority concerned, for an inquiry and report on any specified point or points.
(5-A) Notwithstanding anything in sub section (4) , where the dealer who has filed an appeal under this section to the Appellate Tribunal fails to appear before the Appellate Tribunal either in person or by counsel when the appeal is called on for hearing, it shall be open to the Tribunal to make an order dismissing the appeal.
Provided that the Appellate Tribunal may, on an application made by the dealer within thirty days from the date of communication of the order of dismissal and on sufficient cause being shown by him for his non appearance when the appeal was called on for hearing, re admit the appeal on such terms as it thinks fit, after giving notice thereof to the authority against whose order or proceeding the appeal is preferred.
(6) Where a dealer, objecting to an order passed or proceeding recorded by a Deputy Commissioner of Commercial Taxes under sub section (4 C) of section 14 or suo motu under sub section (2) of section 20 has preferred an appeal to the Appellate Tribunal, the Additional Commissioner or the Joint Commissioner may, on an application filed by the dealer, subject to such terms and conditions, as he may think fit, order stay of collection of the tax under dispute pending disposal of the appeal by the Appellate Tribunal.
(6-A) The payment of tax and penalty, if any, due in accordance with the order of the first appellate authority or of the Deputy Commissioner suo motu under sub section (4 C) of section 14 or in revision under section 20, in respect of which an appeal has been preferred under sub section (1) , shall not be stayed pending disposal of the appeal.
(7) Except as provided in the rules made under this Act, the Appellate Tribunal shall not have the power to award costs to either of the parties to the appeal.
(8) Every order passed by the Appellate Tribunal under sub section (4) shall be communicated by it to the dealer, the authority against whose order the appeal was preferred, the Commissioner of Commercial Taxes and such other authorities as may be prescribed.
(9) Every order passed by the Appellate Tribunal under sub section (4) shall, subject to the provisions of section 22, be final.
### 21A. Constitution of Special Appellate Tribunal under Article 323-B of the Constitution of India in regard to sales tax matters.
(1) The State Government may, by notification, constitute for the State a special Appellate Tribunal called "The Andhra Pradesh Sales Tax Special Appellate Tribunal" for the purposes of this Act.
(2) The Special Appellate Tribunal shall exercise the functions conferred on it by or under this Act.
(3) The Special Appellate Tribunal shall consist of a Chairman, a Vice-Chairman, and a Member to be appointed by the Government: Provided that where a sitting or retired Judge of a High Court is to be appointed as Chairman, such appointment shall be made in consultation with the Chief Justice of the High Court.
(4) No person shall be qualified for appointment,-
(a) as chairman unless he is or has been a judge of a High Court;
(b) as Vice-Chairman unless he,-
(i) is a serving or retired Secretary to Government with special knowledge and experience in law or commercial taxes matters for a period of at least one year; or
(ii) is or has been the Commissioner of Commercial Taxes for a period of atleast one year;
(c) as Member unless he,-
(i) is or has been a member of the Appellate Tribunal for a period of atleast one year by virtue of being an officer of the Commercial Taxes Department; or
(ii) is or has been a Joint Commissioner of Commercial Taxes, with experience for a period of atleast one year on the legal side in connection with the making of laws and framing of rules of the Commercial Taxes Department.
(5) Any Vacancy in the office of Chairman, Vice-Chairman or Member shall be filled in accordance with the provisions of this Act. Explanation:- For the purposes of Section 21-A to 21-F the words "Chairman", "Vice- Chairman", and "Member" mean respectively the Chairman, Vice-Chairman and Member of the Special Appellate Tribunal.
### 21B. Terms and conditions of Chairman, Vice-Chairman and member.
(1) The Chairman, Vice-Chairman, and Member shall hold office as such for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.
(2) The salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Chairman, Vice-Chairman and the Member shall be the same as those applicable to a Judge of the High Court:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman, Vice-Chairman or the Member shall be varied to his disadvantage after his appointment.
(3) (a)
The Chairman or Vice-Chairman or the Member shall not be removed from his office before the expiry of the term of his office, except by an order of the Government on the ground of proved misbehavior or incapacity, and except after an enquiry by a Special Tribunal in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. The Special Tribunal shall consist of three Judges of the High Court, nominated from time to time by the Chief Justice of the High Court in that behalf;
(b) The Government may regulate the procedure for the investigation and proof of the misbehaviour or incapacity of the Chairman, Vice-Chairman or the Member in such manner as may be prescribed.
### 21C. Powers of the Special Appellate Tribunal.
- The Special Appellate Tribunal shall have the same power as are vested in Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908) including the power to punish for contempt.
### 21D. Procedure of the Appellate Tribunal.
(1) Subject to the provisions of this Act or any rule made thereunder, the Special Appellate Tribunal may, by order, regulate its practice and procedure.
(2) No appeal shall be entertained by the special Appellate Tribunal unless the assessee pays the tax admitted to be due from him.
Provided that if as a result of the appeal, any change becomes necessary in the assessment, the Special Appellate Tribunal may authorise the assessing authority to amend the assessment and on such amendment being made, the excess amount paid by the assessee shall, on his application, be refunded to him with simple interest at twelve percent per annum.
(3) Every order passed by the Special Appellate Tribunal shall be final and shall not be called in question in any Court except the Supreme Court as provided under Section 21-E.
(4) The functions of the Special Appellate Tribunal may be exercised :-
(i) by a Bench consisting of Chairman, Vice-Chairman and the Member ; or
(ii) by a Bench consisting of the Vice-Chairman and the Member constituted by the Chairman and the Member constituted by the Chairman; or
(iii) by a Single Member in such cases as the Chairman may deem fit.
Explanation. - The Single Member referred to in clause (iii) may be either the Chairman or the Vice-Chairman or the Member.
Provided that if any case which comes up before a Single Member (who is not the Chairman) or a Bench of which the Chairman is not a member) involves a question of law, such single Member or Bench may, in his or its discretion, reserve such case for decision by a Bench of which the Chairman shall be a Member.
(5) Where an appeal or application or revision is heard by a Bench consisting of the Chairman, Vice-Chairman and the Member and members differ in opinion on any point, the point shall be decided in accordance with the opinion of the majority and where the members of a Bench consisting of Vice-Chairman and Member differ in opinion on any point, the matter shall be referred to the Chairman, whose decision there on shall be final.
### 21E. Bar of jurisdiction of all Courts except the Supreme Court.
- Notwithstanding any thing contained in any other law, the jurisdiction of all Courts except the Supreme Court, is excluded with respect to any matter which is by or under this Act required to be decided or dealt with by the assessing authority, the Assistant Commissioner, the Appellate Deputy Commissioner, the Joint Commissioner of Commercial Taxes, The Commissioner of Commercial Taxes, the Appellate Tribunal or the Special Appellate Tribunal.
### 21F. Bar of writ in High Court.
- No writ shall lie in the High Court to set aside or modify any proceedings or order taken or made by any authority, officer or Tribunal referred to in Section 21-E under this Act or with respect to any other matter which is by or under this Act, required to be decided or dealt with by the said authority, officer or Tribunal.
### 22. Revision by Special Appellate Tribunal.
(1) Within ninety days from the date on which an order under sub section (4) of section 21 was communicated to him the dealer or the authority prescribed in this behalf may prefer to the Special Appellate Tribunal against the order on the ground that the Appellate Tribunal has either decided erroneously, or failed to decide, any question of law:
Provided that the Special Appellate Tribunal may admit a petition preferred after the period of ninety days aforesaid if it is satisfied that the petitioner has sufficient cause for not preferring the petition within that period.
(2) The petition shall be in the prescribed form, shall be verified in the prescribed manner, and shall, where it is preferred by the dealer, be accompanied by a fee of rupees five hundred
(3) If the Special Appellate Tribunal, perusing the petition considers that there is no sufficient ground for interfering, it may dismiss the petition summarily.
Provided that no petition shall be dismissed unless the petitioner has had a reasonable opportunity of being heard in the support thereof.
(4) (a)
If the Special Appellate Tribunal does not dismiss the petition summarily, it shall, after giving both parties to the petition, a reasonable opportunity of being heard, determine the question or questions of law raised and either reverse, affirm, or amend the order against which the petition was preferred or remit the matter to the Appellate Tribunal with the opinion of the Special Appellate Tribunal on the question, or questions of law raised, or pass such other order in relation to the matter as the Special Appellate Tribunal thinks fit.
(b) Where the Special Appellate Tribunal remits the matter to the Appellate Tribunal under clause (a) with its opinion on the question or questions of law raised, the Appellate Tribunal shall amend the order passed by it in conformity with such opinion.
(5) Before passing an order under sub section (4), the Special Appellate Tribunal may, if it considers it necessary so to do, remit the petition to the Appellate Tribunal and direct it to return the petition with its finding on any specific question or issue.
(6) Notwithstanding that a petition has been preferred under sub-section (1) tax shall be paid in accordance with the assessment made in the case:
Provided that the Special Appellate Tribunal may, in its discretion permit the petitioner to pay the tax in such number of instalments, or give such other direction in regard to the payment of tax as it thinks fit:
Provided further that if, as a result of the petition, any change becomes necessary in such assessment, the Special Appellate Tribunal may authorise the assessing authority to amend the assessment, and on such amendment being made the excess amount paid by the dealer shall be refunded to him without interest, or the further amount of tax due from him shall be collected in accordance with the provisions of this Act, as the case may be.
(6-A) The payment of tax and penalty, if any due in accordance with the order of the Appellate Tribunal in respect of which a petition has been preferred under sub section (1) shall not be stayed pending the disposal of the petition, but if such amount is reduced as a result of such petition, the excess tax paid shall be refunded in accordance with the provisions of section 33 B
(7) (a)
The Special Appellate Tribunal may, on the application of the dealer or the prescribed authority review any order passed by it under sub section (4) on the basis of facts which were not before it when it passed the order.
(b) The application for review shall be preferred within such time, and in such manner as may be prescribed and shall, where it is preferred by the dealer, be accompanied by a fee of rupees one hundred.
(8) In respect of every petition or application preferred under sub section (1) or sub section (7), the costs shall be in the discretion of the High Court.
### 23. Appeal to Special Appellate Tribunal.
(1) Any dealer objecting to an order relating to assessment passed by the (Commissioner of Commercial Taxes suo motu under sub-section (1) of Section 20 Joint Commissioner suo motu under sub-section (4-C) of section 14 or under sub-section (2) of section 20 may appeal to the Special Appellate Tribunal within sixty days from the date on which the order was communicated to him.
Provided that the Special Appellate Tribunal may admit an appeal preferred after the period of sixty days aforesaid if it is satisfied that the dealer had sufficient cause for not preferring the appeal within that period.
(2) The appeal shall be in the prescribed form, shall be verified in the prescribed manner and shall be accompanied by a (fee which shall not be less than five hundred rupees but which shall not exceed two thousand rupees as may be prescribed.
(3) The Special Appellate Tribunal shall, after giving both parties to the appeal, a reasonable opportunity of being heard, pass such order thereon as it thinks fit.
(4) The provisions of sub sections (6), (7) and (8) of section 22, shall apply in relation to appeals preferred under sub section (1) as they apply in relation to petitions preferred under sub section (1) of section 22.
### 24. Petitions, applications and appeals to High Court to be heard by a Bench of not less than two judges.
- Every petition, application or appeal preferred to the High Court under sections 22 and 23 shall be heard by a Bench of not less than two judges, and in respect of such petition, application or appeal, the provisions of Section 98 of the Code of Civil Procedure, 1908 (Central Act v of 1908), shall, so far as may be, applied.
### 24A. Limitation in respect of certain assessments or re-assessments orders.
- Notwithstanding anything in sections 14 and 20 where an assessment, re assessment, rectification in or revision of an assessment is made in respect of an assessee or any person, in pursuance or in consequence of or to give effect to any finding or direction contained in an order under section 19, section 20, section 21, section 22 or section 23 or in an order of any court in a proceeding, otherwise than by way of appeal or revision under this Act, such assessment, re assessment, rectification in or revision of an assessment shall be made within three years from the date of receipt of such order by the assessing or revising authority as the case may be.
### 25. Maintenance of true and correct accounts and records by dealers, etc.
- Every person licenced or registered under this Act, every dealer liable to get himself registered under this Act, and every other dealer who is required so to do by the prescribed authority by notice served in the prescribed manner, shall keep and maintain a true and correct account promptly in any of the languages specified in the Eighth Schedule to the Constitution, or in English showing such particulars as may be prescribed; and different particulars may be prescribed for different classes of persons or dealers
### 26. Possession and submission of certain records by owners, etc. of boats.
- The owner or other person in charge of a boat shall carry with him, -
(i) bill of sale or delivery note.
(ii) log book, and
(iii) such other documents as may be prescribed, relating to the goods under transport and containing such particulars as may be prescribed and shall submit to the Commercial Tax Officer, having jurisdiction over the area in which the goods are delivered, the documents aforesaid or copies thereof within such time as may be prescribed.
### 27. Possession and submission of certain records by owners, etc. of goods vehicles.
- The owner or other person in charge of a goods vehicle shall carry with him
(i) bill of sale or delivery note,
(ii) goods vehicle record or trip sheet, and
(iii) such other documents as may be prescribed.
relating to the goods under transport and containing such particulars as may be prescribed and shall submit to the Commercial Tax Officer, having jurisdiction over the area in which the goods are delivered the documents aforesaid or copies thereof within such time as may be prescribed.
### 28. Powers to order production of accounts and powers of entry, Inspection, etc.
(1) Any Officer not below the rank of an Assistant commercial Tax Officer authorised by the State Government in this behalf may for the purposes of this Act, require any dealer to produce before him the accounts, registers and other documents, and to furnish any other information relating to his business.
(2) All accounts, registers and other documents maintained by a dealer in the course of his business, the goods in his possession, and his offices, shops, godowns, vessels or vehicles shall be open to inspection by such officer at any time during the business hours prescribed under the relevant law for the time being in force or where no such hours are prescribed at all reasonable times;
(3) If any such officer has reason to suspect that any dealer is attempting to evade the payment of any tax or other amount due from him under this Act, he may, for reasons to be recorded in writing, seize such accounts, registers or other documents of the dealers as he may consider necessary and shall give the dealer a receipt for the same. The accounts, registers and documents so seized shall be retained by such officer only for so long as may be necessary for their examination and for any inquiry or proceeding under this Act. Provided that such accounts, registers and documents shall not be retained for more than thirty days at a time except with the permission of the next higher authority.
(4) For the purposes of sub section (2) or sub section (3), any such officer shall have power to enter and search at any time during the business hours prescribed under the relevant law for the time being in force, or where no such hours are prescribed, at all reasonable times, any office, shop, godown, vessel, vehicle or any other place of business or any building or place where such officer has reason to believe that the dealer keeps or is, for the time being, keeping any goods, accounts, registers or other documents of his business:
Provided that no residential accommodation not being a shop-cum-residence shall be entered into and searched by any officer below the rank of Deputy Commissioner except on the authority of an order issued by any officer not below the rank of a Deputy Commissioner having jurisdiction over the area; or an officer not below the rank of Deputy Commissioner of Commercial Taxes Department working in Vigilance and Enforcement Department having jurisdiction over the entire State of Andhra Pradesh. and all searches under this sub section shall so far as may be, made in accordance with the provisions of the Code of Criminal procedure, 1973 subject to the rules if any, made in this behalf.
(5) The power conferred by sub section (4) shall include the power to break open any box or receptacle in which any goods, accounts, registers or other documents of the dealer may be contained, or to break open the door of any premises, where any such goods, accounts, registers or other documents may be kept:
Provided that the power to break open the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, fails or refuses to open the door on being called upon to do so.
(5-A) The power conferred by sub section (4) shall also include the power to:
(a) seal for a period of not exceeding twenty four hours, any box, receptacle, godown or building where any goods, accounts, registers or other documents of the dealer are, or reasonably believed to be kept, if the owner or any other person in occupation, leaves the premises or refuses to open any box, receptacle, godown or building or is not readily available;
(b) search any person (other than a customer or a visitor) who has got out of or is about to get into, or is in, any building, vessel or vehicle, if the officer has reason to suspect that such person has secreted about any goods, accounts, registers or other documents.
(6) any such officer shall have power to seize and confiscate any goods which are found in any office, shop, godown, vehicle, vessel or any other place of business or any building or place of the dealer, but not accounted for by the dealer in his accounts, registers and other documents maintained in the course of his business:
Provided that before taking action for the confiscation of goods under this sub section, the officer shall give the person affected an opportunity of being heard and make an inquiry in the prescribed manner:
Explanation. - It shall be open to the State Government to authorise different classes of officers for the purpose of taking action under sub sections (1) , (2) and (3).
### 28A. Acquisition of the goods.
(1) Where the authority prescribed has reason to believe that any goods of a fair market value exceeding five thousand rupees have been sold or purchased by a dealer, to or from another dealer or person, as the case may be, for a consideration which is less than fair market price of the goods and that consideration for such sale or purchase as agreed to between the parties has not been truly stated in the invoice or delivery Chelan or any other document relating thereto, with the object of facilitating the reduction or evasion of the tax payable under this Act, the authority prescribed may, subject to the provisions of this section initiate proceedings for the acquisition of such goods.
(2) The powers conferred under sub-section (1) shall be exercised by the prescribed authority in respect of goods sold or purchased which, are in transit or in the possession of the seller or buyer or their agents.
(3) In any proceedings under this section in respect of any goods which has been sold or purchased for a consideration which is less than its fair market price, it shall be presumed, unless the contract is proved, that the consideration for such sale as agreed to between the parties has not been truly stated in the invoice, or sale bill or other documents related thereto with such object as is referred to in sub-section (1).
(4) Before initiating such proceedings, the authority prescribed shall record his reasons for doing so and no orders shall be passed under sub-section (1) without giving the dealer an opportunity of being heard.
(5) No such proceedings shall be initiated unless the authority prescribed has reason to believe that the fair market price of the goods exceeds the consideration therefor by more than twenty per cent.
(6) Where any goods are acquired under this section the authority prescribed shall pay for such acquisition compensation which shall be a sum equal to the aggregate of the amount of sale price of the goods mentioned in the invoice or delivery Chelan or any document related thereto and any expenditure incurred on freight or any other incidental expenses incurred by the dealer in relation to those goods.
### 29. Establishment of check post or barrier and inspection of goods while in transit.
(1) If the State Government or the Commissioner of Commercial Taxes consider it necessary that with a view to prevent or check evasion of tax under this Act in any place or places in the State, it is necessary so to do, the State Government or the Commissioner of Commercial Taxes may by notification direct the setting up of a check post or the erection of barrier, or both, at such place or places as may be notified.
(2) At every check post or barrier mentioned in Sub section (1), or at any other place when so required by any officer empowered by the State Government in this behalf, the driver or any other person in charge of a goods vehicle or boat shall stop the vehicle or boat, as the case may be, and keep it stationary as long as may reasonably be necessary, and allow the officer in charge of the check post or barrier, or the officer empowered as aforesaid, to examine the contents in the vehicle or boat and inspect all records relating to the goods carried, which are in the possession of such driver or other person in charge for the purpose of ascertaining whether there has been any sale or purchase of goods carried and in case there was sale or purchase of the goods carried, whether such sale or purchase is liable to tax under this Act, and if so
(a) whether such tax has been paid; or
(b) whether the sale or purchase of the goods carried has, for the purpose of payment of tax under this Act, been properly accounted for in the bills of sale, or delivery notes or such other documents as may be prescribed.
(3) If on such examination and inspection it appears
(a) (i)
that the tax, if any payable under this Act in respect of the sale or purchase of the goods carried, has been paid; or
(ii) that the sale or purchase of the goods carried has, for the purpose of payment of tax under this Act, been properly accounted for in the documents referred to in clause (b) of Sub section (2); the said officer shall release the goods vehicle or boat with the goods carried; of
(b) (i)
that the tax, if any, payable under this Act in respect of the sale or purchase of the goods carried has not been paid; or
(ii) that the sale or purchase of the goods carried has, for the purpose of payment of tax under this Act, not been properly accounted for in the documents referred to in clause (b) of Sub section (2); and if the said officer is satisfied, after making such enquiry as he deems fit, that with a view to prevent the evasion of tax payable in respect of the sale or purchase of the goods, carried, it is necessary to detain the goods, he shall detain the goods and direct the driver or any other person in charge of the goods vehicle or boat (1) to pay such tax, or (ii) to furnish security for an amount equal to five times the amount of tax payable) in such fom and in such manner and to such authority as may be prescribed, on behalf of the person liable to pay such tax
(4) If the tax is paid and the security is furnished, then the goods so detained shall be released forthwith.
(5) The driver or any other person in charge of the goods vehicle or boat shall, if so required, give his name and address and the name and the name and address of the owner of the goods vehicle or boat as well as those of the consignor and the consignee of the goods.
(6) If the tax directed to be paid and the security directed to be furnished under Sub section (3) is not paid and furnished and if the said officer is satisfied, after making such enquiry as he deems fit, that with a view to prevent the evasion of tax payable in respect of the sale or purchase of the goods carried, it is necessary to detain the goods, he shall detain so much of the goods as are approximately equal in value to the amount of tax directed to be paid and security directed to be furnished under Sub section (3) as long as may reasonably be necessary.
Provided that no such goods shall be detained by the said officer for more than three days except with the permission of the next higher authority.
(6-A) Where goods are carried without paying tax, if any, payable under this Act, or goods are carried without being properly accounted for in the documents referred to in clause (b) of Sub section (2), the said officer shall collect the tax payable on the goods so carried and in addition levy a penalty not exceeding five times the amount of tax payable on such goods after giving a reasonable opportunity to the person likely to be affected, against the proposed penalty.
(6-B) Any such officer shall have power to seize and confiscate any goods where such goods are carried in the goods vehicle without any documents or covered by fictitious documents.
Provided that before taking action for the confiscation of goods under this sub-section, the officer shall give the person affected an opportunity of being heard.
(7) In case the goods detained under Sub section (6) are subject to speedy and natural decay, and in the case of the goods, where no claim is made within the prescribed period, the said officer shall, subject to such conditions as may be prescribed, sell such goods in open auction and remit the sale proceeds thereof in a Government treasury:
Provided that if the said officer is an officer below the rank of a Deputy Commercial Tax Officer, the sale under this Sub section shall be effected by the Deputy Commercial Tax Officer having jurisdiction.
(8) Any person entitled to such sale proceeds shall, on application to the prescribed authority and upon sufficient proof, be paid the sale proceeds mentioned in Sub section (7), after deducting the expenses of the sale and other incidental charges and the amount of sales tax and penalty due under this Act in respect of the sale or purchase of the goods in question.
Explanation. - For the purpose of this Section, the explanation said officer means the officer in charge of the check post or barrier or the officer empowered under Sub section (2) .
### 29A. Power to inspect goods delivered to a carrier or bailee.
(1) Where a carrier or bailee to whom goods are delivered for transmission, before delivery is taken from him keeps the said goods in any office shop, godown, vessel, receptacle, vehicle or any other place, any officer empowered by the Government in this behalf, shall have power to enter into and search such office, shop, godown, vessel, receptacle, vehicle or other place of business or building or place, and to examine the goods and inspect all records relating to such goods. The carrier or bailee or the person in charge of the goods and records shall give all facilities for such examination or inspection and shall if so required produce the bill of sale or delivery note or such other documents as may be prescribed regarding the goods and give his name and address and the name and address of the carrier or the bailee and the consignee.
Explanation. - For the purpose of this Section, where goods are delivered to a carrier or a bailee for transmission, the movement of goods shall be deemed to commence at the time of such delivery and terminate at the time when delivery is taken from such carrier or bailee.
(2) Any such officer shall have power to seize and confiscate any goods which are found in any office, shop, godown, vehicle, vessel or any other place of business or any building or place of a carrier or a bailee for transmission where such goods are not covered by any documents or covered by fictitious documents.
Provided that before taking action for the confiscation of goods under this sub-section, the officer shall give the person affected an opportunity of being heard.
### 29B. Transit of goods by road through the State and issue of transit pass.
- Where a vehicle, carrying goods, coming from any place outside the State and bound for any other place outside the State, pass through the State, the driver or other person in charge of such vehicle shall obtain in the prescribed manner a transit pass from the officer in charge of the first check post barrier after his entry into the State o delivery and it to the officer in charge of the last check post or barrier before his exit from the State, failing which it shall be presumed that the goods carried thereby have been sold within the State by the owner or person in charge of the vehicle and accordingly the tax is assessed and penalty, if any levied in accordance with the provisions of this Act:
Provided that where the goods carried by such vehicle are, after their entry into the State, transported outside the State by any other vehicle or conveyance, the burden of proving that the goods have actually moved out of the State shall be on the owner on the owner or person in charge of the vehicle.
Explanation. - If a vehicle is hired for transportation of goods by any person, the hirer of that vehicle shall, for the purposes of this Section, be deemed to be the owner of the vehicle"
### 30. Offences and penalties.
(1) Any person who--
(a) fails to pay within the time allowed, any tax assessed on him or any penalty levied, or any fee due from him, under this Act; or
(b) being a person obliged to register himself as a dealer under this Act, does not get himself so registered; or
(c) wilfully acts in contravention of the provisions of this Act or the rules made thereunder shall on conviction be liable to be punished with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees.
(2) Any person who - (a) prevents or obstructs inspection, entry, search or seizure by an officer authorised under Section 28, in contravention of the terms thereof; or (b) prevents or obstructs inspection of any goods vehicle or boat carrying goods, by an officer in charge of check post or barrier or any officer empowered under Section 29, shall on conviction, be liable to be punished with simple imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees. Provided that the minimum sentence of imprisonment shall not be applicable to offences other than the offence of assault on officer while discharging his duties under Section 28 or Section 29.
(3) Any person who
(a) wilfully submits an untrue return or fails to submit a return as required by the provisions of this Act, or the rules made thereunder;
(b) fraudulently evades the payment of any tax, fee or other amount, not exceeding rupees one lakh, due from him under this Act;
(c) knowingly produces incorrect or false accounts, registers or other documents or furnishes incorrect or false information in any proceedings under this Act;
(d) wilfully fails to issue a bill or cash memorandum in respect of a sale as prescribed under any provision of this Act; or
(e) prevents inspection or examination or wilfully fails to produce documents or to give information as required by Section 28; shall on conviction be liable to be published if it is a first offence, with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees and if it is a second offence with simple imprisonment which may extend to one year and with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees; and if it is third or subsequent offence or an offence falling under Clause (b) involving an amount exceeding rupees one lakh with simple imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees.
(4) Any person who after purchasing any goods in respect of which he has made a declaration under the proviso to Sub section (1) of Section 5 B fails, without reasonable excuse, to make use of the goods for the declared purpose shall, on conviction, be liable to be punished if it is a first offence with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees and if it is a second offence with simple imprisonment which may extend to one year and with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees and if it is a third or subsequent offence with simple imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees.
(5) (a)
An owner or other person in charge of a boat or goods vehicle who fails to carry with40 him any of the records or documents specified in Section 26 or Section 17, as the case may be, shall on conviction be liable to be punished with simple imprisonment (which may extend to one year and with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees).
(b) The owner of the boat or the goods vehicle, if he was not incharge of the boat or goods vehicle at the time of the commission of an offence under Clause (a), shall also be liable to be punished with the punishment provided for the offence under Clause (a) unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(6) If the driver or any other person incharge of any boat or goods vehicle refuses on demand by the officer in charge of the check post or barrier or the officer empowered under Sub section (2) of Section 29 to give his name and address or the name and address of the owner of the boat or goods vehicle or of the consignor and consignee of the goods or gives any name and address which he knows or has reason to believe to be false, he shall, on conviction, be liable to be punished with simple imprisonment which may extend to one year and with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees.
(7) Any person who makes any statement or declaration in any of the records or documents specified in Section 26 of Section 27, as the case may be, which statement of declaration he knows or has reason to believe to be false, he shall, on conviction, be liable to be punished with simple imprisonment which may extend to one year and with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees.
(8) Any person who is in any way knowingly concerned in any fraudulent evasion o attempt at evasion or abetment of evasion of any tax, payable in respect of the sale or purchase of any goods under this Act, shall, on conviction, be liable to be punished with simple imprisonment which may extend to one year and with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees.
(9) Any person who is in possession of any form as may be notified which has not been obtained by him or by his principal or by his agent in accordance with the provisions of this Act or any rule made thereunder, shall be punishable with simple imprisonment which may extend to six months or with fine or with both and when the offence is a continuing offence with a fine which may extend to fifty rupees for every day during which the offence continues
### 30A. Imposition of penalty for failure to keep and maintain true and correct accounts.
- If any dealer who is required so to do by the prescribed authority by a notice served on him fails in contravention of section 25, to keep true and correct account of the value of goods purchased or sold by him or fails when directed so to do under that section, to keep any account or records in accordance with the directions, he shall be liable to pay, in addition to any tax for which may be liable, a penalty of an amount not exceeding rupees two thousand or double the amount of tax which would have been payable had there been no such failure, whichever is less.
### 30B. Prohibition against collection of tax in certain cases.
(1) No dealer shall collect any sum by way of tax, in respect of sale or purchase of any goods which are not liable to tax under this Act.
(2) No person, other than a dealer, shall collect on the sale or purchase of any goods, any sum by way of tax from any other person and no dealer shall collect any amount by way of tax in excess of the amount of tax already paid by him, if any, at the time of purchase by him and payable by him on the sale by him under the provisions of this Act.
(3) Nothing in sub section (2) shall apply to a person where he is required to collect separately any amount of tax under the provisions of any other law for the time being in force.
### 30C. Imposition of penalty for contravening certain provisions.
(1) If any person collects tax in contravention of the provisions of Section 30B, any sum so collected shall be forfeited either wholly or partly to the State Government and in addition he shall be liable to pay a penalty of an amount not exceeding two thousand and five hundred rupees:
Provided that the assessing authority shall not levy penalty if it is evident that due to bona fide mistake the dealer collected tax in contravention of the provisions of Section 30-B and the tax so collected in excess has been remitted to the Government along with the tax payable for that month:
Provided further that the assessing authority shall while imposing that penalty or forfeiture, take into consideration the amounts refunded to the purchaser from out of the amounts collected by way of tax in contravention of Section 30-B or for the refund of which satisfactory arrangement has been made.
(2) No order for the forfeiture under this Section, shall be made after the expiration of three years from the date of collection of the amount referred to in sub section (1):
Provided that in computing the period of three years under this sub section, the period during which any stay order was in force or any appeal or other proceeding in respect thereof was pending shall be excluded.
(3) If the assessing authority in the course of any preceding under this Act, or otherwise has reason to believe that any person has become liable to penalty with or without forfeiture of any sum under sub section (1) such authority shall serve on such person a notice in the prescribed form requiring him on a date and at a place specified in the notice to attend and show cause why a penalty with or without forfeiture of any sum as provided in sub section (1) shall not be imposed on him.
(4) The assessing authority shall thereupon hold an enquiry and shall make such order as he thinks fit.
(5) No prosecution for an offence under this Act, shall be instituted in respect of the same facts on which a penalty has been imposed under this section
### 30D. Penalty for abettors.
- Whoever abets the commission of any offence under this Act, shall be punished with the punishment provided for the offence.
### 31. Cognizance of offences.
(1) No Court other than the Court of a Magistrate of the first class shall take cognizance of, or try an offence under this Act.
(2) No prosecution for offence under sub section (2) of section 30, or for any second or subsequent offence under sub section (3) of that section, shall be instituted except with the written consent of the Deputy Commissioner having jurisdiction over the area.
### 32. Composition of offences.
(1) the prescribed authority may accept, from any person who has committed or is reasonably suspected of having committed an offence under this Act, by way of composition of such offence
(a) where the offence consists of the failure to pay or the evasion of any tax, recoverable under this Act, in addition to the tax so recoverable, a sum of money not exceeding three thousand rupees or double the amount of the tax recoverable, whichever is greater, and
(b) in other cases a sum of money not exceeding three thousand rupees.
(2) Any order passed or proceeding recorded by the prescribed authority under sub section (1) shall be final and no appeal or application for revision shall lie therefrom.
### 33. Refunds.
- The assessing authority or the licensing authority, as the case may be, shall refund the tax or the licence fees, if any, paid provisionally by an assessee or licensee for any particular period, if it is found to be in excess of the tax or the licence fees payable by him for the said period, or at the option of the assessee or licensee, adjust such excess towards any tax or licence fees due in respect of any other period:
Provided that the assessing or licensing authority, as the case may be, may first apply the excess paid in respect of any period towards the recovery of any amount, in respect of which a notice of demand may have been issued, and shall then refund the balance, if any.
### 33A. Form of claim for refund and limitation.
(1) Every claim for refund under section 33 shall be made by the assessee or licensee in such form and verified in such manner as may be prescribed, on or after the date on which the tax or the licence fees in respect of which the claim is made was directed to be refunded.
(2) No such claim shall be allowed unless it is made within three years from the date specified in sub section (1).
### 33B. Refund on appeal etc.
- Where as a result of any order passed in appeal or other proceeding under this Act, refund of any amount becomes due to the assessee or licensee, the assessing or licensing authority shall refund the amount to the assessee or licensee without his having to make any claim in that behalf, or adjust or apply, such amount as provided in section 33.
### 33BB. Non refund of tax in certain cases.
- Where a levy and collection of tax is held invalid by any judgment or order of a Court or Tribunal, it shall not be necessary to refund any such tax to the dealer unless it is proved by the dealer to the satisfaction of the assessing authority that the tax has not been collected from the purchaser
### 33C. Power to withhold refund in certain cases.
- Where an order giving rise to a refund to an assessee or licensee is the subject matter of an appeal or further proceeding, or where any other proceeding under this Act is pending, and the assessing or the licensing authority is of the opinion that the grant of the refund is likely to adversely affect the revenue, the assessing or the licensing authority may, with the previous approval of the Deputy Commissioner, withhold the refund till such time as the Deputy Commissioner may determine.
### 33D. Correctness of assessment not to be questioned.
- In a claim for refund under section 33, it shall not be open to the assessee or the licensee to question the correctness of any assessment or other matter decided, which has become final and conclusive, or seek for a review in respect thereof, and the assessee or the licensee shall not be entitled to any relief on such claim except the refund of tax or licence fees wrongly paid or paid in excess.
### 33E. Interest on delayed refunds.
(1) If the assessing authority or the licensing authority does not grant the refund within six months from the date on which the claim for refund is made by the assessee or licensee under section 33 A, the State Government shall pay the assessee or licensee simple interest at twelve percent per annum on the amount directed to be refunded from the date immediately following the expiry of the period of six months aforesaid to the date of the order granting the refund.
Explanation. - If the delay in granting the refund within the period of six months aforesaid is attributable to the assessee or licensee, whether wholly or in part, the period of the delay attributable to him shall be excluded from the period for which interest is payable.
(2) Where any question arises as to the period to be excluded for the purpose of calculation of interest under the provisions of this section, such question shall be determined by the Commissioner of Commercial Taxes whose decision shall be final.
### 33F. Interest on refund where no claim need be made.
(1) Where a refund is due to the assessee or licensee in pursuance of an order referred to in section 33 B and the assessing or the licensing authority does not grant the refund within a period of six months from the date of such order, the State Government shall pay to the assessee or the licensee simple interest at twelve percent per annum on the amount of refund due from the date immediately following the expiry of the period of six months aforesaid to the date on which the refund is granted.
(2) Where the refund is withheld under the provisions of section 33 C the State government shall pay interest at the aforesaid rate on the amount of the refund ultimately determined to be due as a result of the appeal or further proceeding for the period commencing after the expiry of six months from the date of the order referred to in section 33 C to the date the refund is granted.
### 34. Power to summon witnesses and production of documents.
(1) an assessing authority or an appellate or revising authority including the Appellate Tribunal or any Officer of the Commercial Taxes Department not lower in rank than an Assistant Commercial Tax Officer shall, for the purpose of this Act, have all the powers:
(a) to summoning and enforcing the attendance of any person and examining him on oath or affirmation and
(b) compelling the production of any document.
(2) Without prejudice to the provisions of any other law for the time being in force, where a person to whom a summons is issued either to attend to give evidence, or produce accounts, registers, records or other documents at a certain place and time intentionally omits or fails to attend or produce accounts, registers, records or other documents at such place or time the authority or officer mentioned in sub section (1) may after giving the person concerned a reasonable opportunity of being heard impose upon him by way of penalty a sum not exceeding five hundred rupees as it or he thinks fit.
(3) Any officer of the Commercial Taxes Department, not lower in rank than an Assistant Commercial Tax Officer shall have powers to call for such information, particulars, or records as he may require from any person for the purpose of assessment, levy and collection of tax under this Act.
### 34A. Power to get information.
(1) Any assessing authority or appellate or revising authority under this Act may, by writing, require any person or authority to furnish such information, particulars or records available with that person or authority as will be useful or relevant to any proceeding under this Act.
(2) The person or authority from whom such information, particulars or records is or are required under Sub section (1) shall furnish, within a reasonable time, the information, particulars or records available.
### 35. Appearance before any authority in proceedings.
- Any person who is entitled to appear before any authority other than the High Court in connection with any proceedings under this Act, may be represented before such authority
(a) by his relative or a person regularly employed by him, if such relative or person is duly authorised by him in writing in this behalf; or
(b) by a legal practitioner; or
(c) subject to such conditions as may be laid down by the rules in that regard by a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949 or by a person who was enrolled as a Sales Tax Practitioner by such authority on payment of such fees and possessing such qualification as may be prescribed, if such Accountant or Sales Tax Practitioner is duly authorised in writing in this behalf.
### 36. Bar of Jurisdiction of Courts.
- Save as otherwise expressly provided in this Act, no Court shall entertain any suit, or other proceeding to set aside or modify, or question the validity of any assessment, order or decision made or passed by any officer or authority under this Act or any rules made thereunder, or in respect of any other matter falling within its or his scope.
### 37. Protection of acts done in good faith.
(1) No suit, prosecution or other proceeding shall lie against any officer or servant of the State Government for any act done or purporting to be done under this Act without the previous sanction of the State Government, and no such suit, prosecution or other proceeding shall be instituted after the expiry of six months from the date of the act complained of.
(2) No officer or servant of the State Government shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of duties imposed on him or the discharge of functions entrusted to him by or under this Act.
### 38. Act not to apply to sales or purchases outside the State, in the course of import or export, etc.
- Nothing contained in this Act shall be deemed to impose or authorise the imposition of a tax on the sale or purchase of any goods, where such sale or purchase takes place,
(i) outside the State; or
(ii) in the course of the import of the goods into, or export of the goods out of the territory of India; or
(iii) in the course of inter State trade or commerce.
Explanation. - The provisions of Chapter II of the Central Sales Tax Act, 1956 (Central Act 74 of 1956), shall apply for the purpose of determining when a sale or purchase takes place in the course of inter State trade or commerce or outside a State or in the course or import or export.
### 38A. Provision in the case of defective or irregular proceedings.
- No assessment made, penalty or compounding fee levied or other order passed by any officer or authority under this Act, shall be set aside merely on account of any defect or irregularity in the procedure relating thereto, unless it appears that such defect or irregularity has in fact occasioned material hardship or failure of justice.
### 38AA. Rounding off of turnover.
- The amount of turnover shall be rounded off to the nearest multiple often rupees and for this purpose any part of a rupee consisting of paise shall be ignored and thereafter if such amount is not a multiple of ten, then, if that last figure in the amount is five or more, the amount shall be increased to the next higher amount which is multiple of ten and if the last figure is less than five, the amount shall be reduced to the next lower amount which is a multiple of ten; and the amount so rounded off shall be deemed to be total turnover of the assessee for the purposes of this Act.
### 38B. Rounding of tax, etc.
- The amount of tax, interest, penalty, or any other sum payable and the amount of refund due under the provisions of this Act shall be rounded off to the nearest rupee and for this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, and it shall be increased to one rupee and if such part is less than fifty paise, is shall be ignored.
### 39. Power to make rules.
(1) The State Government may by notification, 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;
(aa) the manner of determination of the amount payable by the dealer in respect of :
(i) any transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;
(ii) any delivery of goods on hire purchase or any system of payment by instalments;
(iii) any transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration;
(iv) any transfer of property in goods involved in lucky gift scheme.
(b) the term of office, and the conditions of service, of the members of the Appellate Tribunal;
(c) the issue of licences and permits to persons engaged in the sale or purchase of goods, the fees payable therefor and the imposition of conditions in respect of the same for the purpose of enforcing the provisions of this Act;
(d) the rectification of mistakes apparent from the record of any assessment, appeal or revision and the period within which such rectification may be made;
(e) the administration of the check posts set up and barriers erected under this Act and the regulation of the work therein;
(ee) the form of, and the particulars to be contained in, any declaration to be furnished under Sub section (1) of Section 5B, the authority from whom, and the fees subject to payment of which, the form of declaration may be obtained and the manner in which the declaration and the records relating thereto shall be kept and maintained;
(f) the disposal of goods confiscated under this Act and of the proceeds thereof;
(g) the issue of bills or cash memoranda, the class or classes of dealers who should maintain counterfoils for the same and the particulars to be shown in and the manner of maintenance of such counterfoils and the time for which they should be preserved;
(h) the maintenance of purchase bills or accounts of purchases and sales by dealers carrying on business in specified goods and the time for which they should be preserved;
(i) the issue of delivery notes in respect of goods, delivered or transported to retail dealers in pursuance of sales effected to them, the form and manner of their issue and the time for which they should be preserved;
(j) the application of the provisions of the Code of Civil Procedure, 1908 (Central Act V of (1908), to the extent specified, in respect of applications, appeals and other proceedings under this Act;
(jj) the transfer of assessment cases from one assessing authority to another assessing authority, and of appeals from one appellate authority to another appellate authority, and the authorities by whom such transfer shall be ordered.
(k) securing that returns furnished or accounts or documents produced, or evidence of any kind given under this Act before any assessing authority or on appeal or revision from any decision of such authority are kept confidential;
(l) the duties and powers of officers appointed for the purpose of enforcing the provisions of this Act;
(m) the circumstances in which and the extent to which, fees paid in pursuance of Section 21 may be refunded;
(n) generally regulating the procedure to be followed and the forms to be adopted in proceedings under this Act;
(o) the assessment and recovery of tax under this Act in respect of a business which is discontinued or the ownership of which has changed or in respect of a business of a deceased person;
(p) the assessment and recovery of tax under this Act in respect of business owned by minors or other incapacitated persons or by persons residing outside the State;
(q) the assessment and recovery of tax under this Act in respect of business owned by any person whose estate or any portion of whose estate is under the control of the Court of Wards, the Administrator General, the Official Trustee, or any receiver or manager appointed by or under any order of a Court.
(r) the taking of declarations of affidavits by a miller from a person who entrusts to him paddy for conversion into rice, the maintenance of such declarations, or affidavits and the returns to be submitted by the miller;
(s) the taking of declarations, affidavits, invoices or bills by a retail dealer from a wholesale dealer from whom rice is purchased. the maintenance of such declarations, affidavits, invoices or bills, and the returns to be submitted by the retail dealer;
(t) the maintenance of separate accounts by a wholesale dealer, in respect of his sales of rice to another wholesale dealer, a retail dealer or other persons
(u) the taking of declarations or affidavits, by cotton ginning mills from persons who brought cotton for ginning and the maintenance of such declarations or affidavits and the registers showing the stock of cotton received, lint delivered and the balance of stock on hand.
(2A)
Any rule under this Act, may be made so as to have retrospective effect.
(3) In making a rule under Sub section (1) or Sub section (2), the State Government may provide that a person guilty of a breach thereof, shall, on conviction by a Magistrate of the First class, be liable to be punished with fine which may extend to two thousand rupees.
(4) Every rule made under this Act, shall immediately after it is made, be laid before each House 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.
### 40. Power to amend Schedules.
(1) The Government may, by notification, alter, add to or cancel any of the Schedules.
(2) Where a notification has been issued under Sub section (1), there shall, unless the notification is in the meantime rescinded, be introduced in the Legislative Assembly, as soon as may be, but in any case during the next session of the Legislative Assembly following the date of the issue of the notification, a Bill on behalf of the Government, to give effect to the alteration, addition or cancellation, as the case may, be of the Schedule specified in the notification, and the notification shall cease to have effect when such Bill becomes law, whether with or without modifications, but without prejudice to the validity of anything previously done thereunder;
Provided that if the notification under Sub section (1) is issued when the Legislative Assembly is in session, such a Bill shall be introduced in the Legislative Assembly, during that session;
Provided further that where for any reason a Bill as aforesaid does not become law within six months from the date of its introduction in the Legislative Assembly, the notification shall cease to have effect on the expiration of the expiration of the said period of six months.
(3) All references made in this Act, to any of the Schedules shall be construed as relating to the Schedules as for the time being amended in exercise of the powers conferred by this Section.
### 41. Repeal.
(1) The Madras General Sales Tax Act, 1939 (Madras Act IX of 1939), The Hyderabad General sales Tax Act 1950, (Hydeabad Act XIV of 1950) The Madras Tobacco (Taxation of Sales and Registration) Act, 1953 (Madras Act IV of 1953), The Andhra General Purchase Tax Act, 1956 (Andhra Act XIII of 1956) and Section 21 A of the Madras Prohibition Act, 1937 (Madras Act X of 1937,) are hereby repealed:
Provided that such repeal shall not affect the previous operation of the said Acts or Section or any right, title, obligation or liability already acquired, accrued or incurred thereunder, and subject thereto, anything done or any action taken (including any appointment, notification, notice,order,rule, form, regulation, certificate, licence or permit) in the exercise of any power conferred by or under the said Acts or Section shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the date on which such thing was done or action was taken; and all arrears of tax and other amounts due at the commencement of this Act may be recovered as if they had accrued under this Act.
(2) Notwithstanding anything contained in Sub section (1), any application, appeal, revision or other proceeding made or preferred to any officer or authority under the said Acts or Section and pending at the commencement of this Act, shall, after such commencement, be transferred to and disposed of by the officer or authority who would have jurisdiction to entertain such application, appeal, revision or other proceeding under this Act if it had been in force on the date on which such application, appeal, revision or other proceeding was made or preferred.
### 42. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the corresponding provisions of the Acts inforce immediately before the commencement of this Act, the State Government may, by order in the Andhra Pradesh Gazette, makes such provisions as appear to them to be necessary or expedient or removing the difficulty.
(2) If any difficulty arises in giving effect to the provisions of this Act (other wise than in relation to the transition from the provisions of the corresponding Act in force before the commencement of this Act), the State Government may, by order make such provisions, not inconsistent with the purposes of this Act, as appear to them to be necessary or expedient for removing the difficulty.
### 42A. Instructions to Subordinate Officers.
- The Commissioner may, from time to time, issue such orders, instructions and directions not inconsistent with the provisions of this Act or the rules made there under to his subordinate officers as he may deem fit, for the proper administration of the Act and such officers and all other persons employed in the enforcement of the Act, shall comply with such orders, instructions and directions.
Provided that no such orders, instructions shall be such as to interfere with the discretion of any appellate authority in exercise of its appellate functions.
### 43. Non Implementation of penal provision on disclosure.
- Notwithstanding anything contained in this Act, where a dealer
(a) has prior to the detection by any officer of the Commercial Taxes Department, of the concealment of particulars of true and full turnover of his business, voluntarily and in good faith), made between the 1st January, 1987 and the 31st March, 1987;
(b) has, on or before the 31st March, 1987 paid the tax on the full turnover, and
(c) has cooperated in an enquiry if any, relating to the assessment of his turnover, the registering, assessing and revising authorities under this Act, shall not initiate any proceeding for imposition of a penalty or impose any penalty leviable under This Act, in respect of any assessment year including the assessment year 1986 87;
Provided that the disclosure of turnover and the payment of tax due thereon is made by dealer before the Commercial Tax Officer in whose jurisdiction the dealer has his registered office and in case of non assessee dealer within whose jurisdiction the dealer normally resides.
Schedule 1
------------
Goods In Respect of Which Single Point Tax is Leviable Under Section 5
[Omitted]
Second Schedule
Goods In Respect of Which Single Point Purchase Tax is Leviable Under Section 5
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Sl.No.
|
Description of goods
|
|
Point of levy
|
|
Rate of tax
|
|
1.
|
Manganese including manganese ore and ferro
manganese
|
|
At the point of purchase by the last dealer who
buys in the State.
|
|
4 Paise in the rupee
|
|
2.
|
Iron ore
|
|
-do-
|
|
8 Paise in the rupee
|
|
3.
|
Turmeric
|
|
At the point of first purchase in the State.
|
|
4 Paise in the rupee
|
|
4.
|
Omitted
|
|
|
|
|
|
5.
|
Butter and Ghee other than that purchased from
any organization registered under the Companies Act, 1956 or the
Andhra Pradesh Co-operative Societies Act, 1964 including the
Co-operative Societies Act of any other State or Union
Territory.
|
|
At the point of purchase by the last dealer who
buys in the State.
|
|
8 Paise in the rupee
|
|
6.
|
Mica
|
|
-do-
|
|
8 Paise in the rupee
|
|
7.
|
Palmyrah fibre and stalks
|
|
At the point of purchase by the last dealer who
buys in the State.
|
|
8 Paise in the rupee
|
|
8.
|
Omitted
|
|
|
|
|
|
9.
|
Coriander when purchased within the State
|
|
At the point of first purchase in the State.
|
|
4 Paise in the rupee
|
|
10.
|
Coconuts other than those falling under item 5
of the Third Schedule.
|
|
At the point of last purchase in the State.
|
|
8 Paise in the rupee
|
|
11.
|
Omitted
|
|
|
|
|
|
12.
|
Cashewnut (with shell)
|
|
At the point of first purchase in the State.
|
|
9 Paise in the rupee
|
|
13.
|
Wattle bark and other barks
|
|
At the point of purchase by the last dealer who
buys in the State.
|
|
8 paise in the rupee.
|
|
14.
|
Tamarind when purchased within the State.
|
|
At the point of first purchase in the State.
|
|
4 paise in the rupee.
|
|
15.
|
Tamarind seed when purchased within the State.
|
|
-do-
|
|
8 paise in the rupee.
|
|
16.
|
Chillies
|
|
-do-
|
|
4 paise in the rupee.
|
|
17.
|
Pippalamodi or Pippalanalaka
|
|
-do-
|
|
8 paise in the rupee.
|
|
18.
|
Beedi leves
|
|
At the point of purchase by the last dealer who
buys in the State.
|
|
9 paise in the rupee.
|
|
19.
|
Prawns, other than prawn seed mentioned in
first schedule, lobsters, frogs and frog legs
|
|
At the point of first purchase in the State.
|
|
8 paise in the rupee.
|
|
20.
|
Tapioca
|
|
At the point of first purchase in the State.
|
|
8 paise in the rupee.
|
|
21.
|
Azwan (vamu) |
|
At the point of first purchase in the State.
|
|
8 paise in the rupee.
|
Third Schedule 3
Declared Goods In Respect Of Which A Single Point Tax Only Is Leviable Under Section 6
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
S.No
|
Description of goods
|
|
Point of levy
|
|
Rate of tax
|
|
1.
|
Coal including coke in all its forms, but
excluding charcoal:
|
|
|
|
|
|
Provided that during the period commencing on
the 23rd day of February, 1967 and ending with the 1st day of
April, 1973, the clause shall have effect subject to the
modification that the words "but excluding charcoal"
shall be omitted.
|
|
At the point of first sale in the State
|
|
4 Paise in the rupee
|
|
2.
|
Iron and steel, that is to say:
|
|
|
|
|
|
(i) Pig iron and cast iron including ingot,
moulds, and bottom plates,
|
|
|
|
|
|
(ii) Steels semis (ingots), slabs, blooms and
billets of all qualities, shapes and sizes);
|
|
|
|
|
|
(iii) Skelp bars, tin bars, sheet bars, nos
bars and sleeper bars
|
|
|
|
|
|
(iv) steel bars (rounds, rods, squares, flats,
octagons and hexagons; plain and ribbed or twisted, in coil form
as well as straight length);
|
|
|
|
|
|
(v) steel structural’s (angles, joints,
channels, tees, sheet pilling sections, Z sections or any other
rolled sections).
|
|
[At every point of sale in the State]
[Substituted 'At the point of first sale in the State' by Act No. 25 of 2002, dated 21.12.2002.]
|
|
4 paise in the rupee
|
|
(vi) sheets, hoops, strips and skelp, both
black and galvanised, hot and cold rolled, plain and corrugated
in all qualities, in straight lengths and in coil form as rolled
and in revitted condition;
|
|
|
|
|
|
(vii) plates, both plain and chequrered in all
qualities;
|
|
|
|
|
|
(viii) discs, rings, forgings and steel
castings;
|
|
|
|
|
|
(ix) tool, alloy and special steels of any of
the above categories;
|
|
|
|
|
|
(xi) steel tubes, both welded and seamless, of
all diameters and lengths including tube fittings;
|
|
|
|
|
|
(xii) tin-plates, both hot dipped and
electrolytic and tin free plates;
|
|
|
|
|
|
(xiii) fish plate bars, bearing plate bars,
crossing sleeper bars, fish plates, bearing plates, crossing
sleepers and pressed steel sleepers, rails - heavy and light
crane rails;
|
|
|
|
|
|
(xiv) wheels, tyres, axles and wheel sets;
|
|
|
|
|
|
(xv) wire rods and wires rolled, drawn,
galvanised, aluminised, tinned or coated such as by copper;
|
|
|
|
|
|
2-A
|
Iron and Steel scrap, that is to say -
|
|
[At every point of sale in the State]
[Substituted 'At the point of first sale in the State' by Act No. 25 of 2002, dated 21.12.2002.]
|
|
4 paise in the rupee
|
|
(i) Iron scrap, cast-iron scrap, runner scrap
and iron skull scrap.
|
|
|
|
|
|
(ii) Steel melting scrap in all forms including
steel skull, turnings and borings
|
|
|
|
|
|
(iii) Defectives, rejects, cuttings or end
pieces of any of the categories of Items (i) to (xv) of Entry 2.
|
|
|
|
|
|
3.
|
Oil seeds, that is to say -
|
|
|
|
|
|
(i) Seasmum or Til (Orientale)
|
|
|
|
|
|
(ii) Soyabean (Glycine seja);
|
|
|
|
|
|
iii) Rape seed and mustard-
|
|
|
|
|
|
(1) Toria (Brassica campestris vartoria)
|
|
|
|
|
|
(2) Rai (Brassica Juncea);
|
|
|
|
|
|
(3) Jamba Taramira (Eruca satiya);
|
|
|
|
|
|
(4) Sarcon yellow and brown (brassica
compestris varsarson).
|
|
|
|
|
|
(5) Banarasi Rai or True mustard (Brassica
nigra);
|
|
|
|
|
|
(iv) Linseed (linum usitatissimum);
|
|
|
|
|
|
(v) Sunflower (Helianthus annus);
|
|
|
|
|
|
(vi) Nigar seed (Guizotia abyssinica);
|
|
|
|
|
|
(vii) Neem, vepa (Azadi rachta indica); At the
point of first sale in the State 4 paise in the rupee
|
|
|
|
|
|
(viii) Mahua, illupai, ippe, (Madhuca indica,
M.Latifolia, Bassia, Latifolia and Madhuca Longifolia syn. M.
Longifolia):
|
|
|
|
|
|
ix) Karanja, Pongam, Honga (pongamia pinnata
syn.P. Glabra);
|
|
|
|
|
|
(x) Kusum (Schleichera Oleosa, syb. S.trijuga)
|
|
|
|
|
|
(xi) Punna undi (Calophyllum, inophyllum);
|
|
|
|
|
|
(xii) Kokum (Carcinia indica);
|
|
|
|
|
|
(xiii) Sal (Shorea robusta);
|
|
|
|
|
|
(xiv) Tung (Aleurite jordi and A.Montana);
|
|
|
|
|
|
(xv) Red Palm (Elaeis guinenisis)
|
|
|
|
|
|
(xvi) Safflower (corthanus tinctorius);
|
|
|
|
|
|
but excluding groundnut or peanut cotton seeds,
castor and coconut (i.e. copra excluding tender coconuts).
|
|
|
|
|
|
4.
|
Castor (Ricinus communis) At the point of last
purchase in the State.
|
|
4 paise in the rupee
|
|
|
|
5.
|
Coconuts other than tender coconuts) cocos
nucifera)
|
|
At the point of last purchase in the State
|
|
4 paise in the rupee
|
|
5A.
|
Copra
|
|
At the point of last sale in the State
|
|
4 paise in the rupee
|
|
6.
|
Groundnut or peanut, (Arachis hypogaea)
|
|
When purchased by an oil miller other than a
decorticating miller in the State, at the point of purchase by
such miller and in all other cases at the point of purchase by
the last daler who buys in the State.
|
|
|
|
(6A)
|
Cotton seeds.
|
|
(a) At the point of first sale in the State
during the period from 1st August, 1963 to the date of
commencement of the Andhra Pradesh General Sales Tax (Second
Amendment) Act, 1966.
|
|
1 paise in the rupee
|
|
|
|
(b) At the point of first sale in the State.)
|
|
4 paise in the rupee
|
|
7.
|
Jute, that is to say, the fibre extracted from
plants belonging to the species corchorus capsularis and
corchorus oiltorius and the fibre known as Mesta or Bimil
extracted from plants of the species hibiscus cannabinus and
Hibiscus sabdariffavar altissima and the fibre known as sunnhemp
extracted from plants of the species Crotalaria Juncea whether
baled or otherwise.
|
|
At the point of last purchase in the State
|
|
4 paise in the rupee
|
|
8.
|
Cotton, that is to say, all kinds of cotton
(indigenous or imported) in all its unmanufactured State,
whether ginned or unginned, baled, pressed or otherwise but not
including cotton waste.
|
|
When purchased by a spinning mill in the State
at the point of purchase by the spinning mill and in all other
cases at the point of purchase by the last dealer who buys it in
the State.
|
|
- do -
|
|
9.
|
Hides and skins.
|
|
|
|
|
|
(a) Untanned hides and skins
|
|
When purchased by a tanner in the State at the
point of purchase by the tanner and in all other cases at the
point of purchase by the last dealer who buys them in the State
|
|
- do -
|
|
(b) Tanned hides and skins (which were not
subjected to tax as untanned hides and skins)When purchased by a
manufacturer in the State at the point of purchase by the
manufacture and in all other cases at the point of purchase by
the last dealer who buys them in the State.
|
|
|
|
4 paise in the rupee
|
|
9A.
|
(a) Untanned hides and skins when obtained from
the other States and sold in the same from or in the form of
tanned hides and skins.
|
|
At the point of first sale in the State
|
|
4 paise in the rupee
|
|
(b) Tanned hides and skins when obtained from
other States.
|
|
At the point of first sale in the State
|
|
4 paise in the rupee
|
|
10.
|
Cotton yarn not including cotton yarn waste
|
|
At the point of first sale in the State
|
|
4 paise in the rupee
|
|
11.
|
Omitted
|
|
|
|
|
|
12.
|
Omitted
|
|
|
|
|
|
13.
|
Crude oil, that is to say, crude pertroleum
oils and crude oils obtained from bituminous minerals (such as
shale, calcareous rock sand), whatever their composition whether
obtained from normal or condensation oil deposits or by the
destructive distillation of bituminous minerals and whether or
not subjected to all or any of the following processes:-
|
|
|
|
|
|
(1) decantation;
|
|
|
|
|
|
(2) de salting;
|
|
|
|
|
|
(3) dehydration;
|
|
|
|
|
|
(4) Stabilisation in order to normalise the
vapour pressure At the point of first purchase in the State
|
|
|
|
- do -
|
|
(5) elimination of very light fractions with a
view to returning them to the oil-deposits in order to improve
the drainage and maintain the pressure;
|
|
|
|
|
|
(6) the addition of only those hydrocarbons
previously recovered by physical methods during the course of
the above mentioned process;
|
|
|
|
|
|
(7) any other minor process including addition
of pour point depressants or flow improvers) which does not
change the essential character of the substance.
|
|
|
|
|
|
14.
|
Pulses, that is to say,-
|
|
|
|
|
|
(i) moong or green gram (Phaseolus aures);
|
|
|
|
|
|
(ii) urad or black gram (Phaseolus munge)
|
|
At the point of first purchase in the State
|
|
4 paise in the rupee
|
|
14A.
|
Green gram and black gram when obtained from
outside the State Pulses, that is to say,-
|
|
At the point of first purchase in the State
|
|
4 paise in the rupee 15
|
|
(i) gram or gulb gram (Cicerarietinum L.):
|
|
|
|
|
|
(ii) tur or arhar (Cajanis cajan);
|
|
|
|
|
|
(iii) masur lentil (Leus culinaris medic);
|
|
|
|
|
|
(iv) moth (Phaseolus asconitifolius jacq);
|
|
|
|
|
|
(v) lakh or khesari (Lathyrus sativus L.)
|
|
At the point of first sale in the State
|
|
-do-
|
|
16.
|
Wheat (Triticum vulgare T., compactum,
T.sphaerococum, T.durum, T.aestivum, L.T. dicoccum);
|
|
At the point of first sale in the State
|
|
4 paise in the rupee 17 Jowar or milo (Sorghum
vulgar Pers);
|
|
|
|
At the point of first sale in the State.
|
|
2 paise in the rupee 18 Maize (Zea mays L.)
|
|
|
|
At the Point of first sale in the State
|
|
3 paise in the rupee
|
|
19.
|
Ragi (Eleusine coracana Gaerth); (3019) |
|
-do-
|
|
2 paise in the rupee
|
|
20.
|
Cereals, that is to say,
|
|
|
|
|
|
(i) bajra (Pennisetum typhoideum L.)
|
|
|
|
|
|
(ii) kodon (Paspalum sere biculatum L.)
|
|
|
|
|
|
(iii) Kutki (Panicum Millaire L.)
|
|
|
|
|
|
(iv) barley (Hordeum vulgare L.)
|
|
At the point of first sale in the State
|
|
2 paise in the rupee
|
|
21.
|
Paddy (Oryza sativa L.
|
|
At the point of first purchase in the State
|
|
4 paise in the rupee
|
|
22.
|
Rice (Oryza sativa L.
|
|
At the point of first sale in the State
|
|
4 paise in the rupee
|
|
23.
|
PVC cloth, Waterproof cloth, Tarpaulin and
Rexine
|
|
-do-
|
|
4 paise in the rupee
|
|
24.
|
Sugar other than that specified in the Fourth
Schedule.
|
|
-do-
|
|
4 paise in the rupee
|
|
25.
|
Cotton fabrics, man-made fabrics and woolen
fabrics other than those specified in the fourth Schedule
|
|
-do-
|
|
4 paise in the rupee
|
|
26.
|
Aviation Turbine Fuel sold to Turbo Prop
aircraft
|
|
At the point 4 paise in of first sale in the in
the State.
|
|
4 paise in the rupee.
|
Explanation I. - The expression "decorticating miller" in item 6 means a miller whose mill is capable of being used for the purpose of decortication only.
Explanation II. - Each of the pulses referred to in items 14 and 15, whether whole or separated, and whether with or without husk shall be treated as a single commodity for the purpose of levy of tax under this Act.
Explanation III. - For the purpose of items 21 and 22, where a tax has been levied under this Act in respect of the sale or purchase inside the State of any paddy, the tax leviable on rice procured out of such paddy shall be reduced by the amount of tax levied on such paddy.
Explanation IV. - For the purpose of items 5 and 5-A where a tax has been levied under this Act, in respect of the sale or purchase inside the State of any coconuts other than tender coconuts the tax leviable on copra procured out of such coconuts shall be reduced by the amount of tax levied on such coconuts.
[Explanation V.
[Added by Act No. 25 of 2002, dated 21.12.2002.]
- For the purpose of items 2 and 2-A tax to be paid at any point of sale other than first point of sale, shall be determined after deducting the tax levied on the turnover of the same goods, at the immediately preceding point of sale.]
Fourth Schedule
Declared Goods in Respect of Which a Single Point Tax Only is Leviable Under Section 6
| | |
| --- | --- |
|
|
Description of goods
|
|
1.
|
Salt other than specified in the First Schedule.
|
|
2.
|
Electrical energy
|
|
4.
|
Toddy, neera and arrack
|
|
5.
|
Cotton fabrics, man made fabrics and woolen
fabrics
|
|
5A.
|
Handloom cloth other than silk cloth
|
|
6.
|
Sugar
|
|
7.
|
Tobacco.
|
|
7A
|
|
|
8.
|
Husk of pulses
|
|
9.
|
|
|
10.
|
Sugarcane.
|
|
11.
|
School and college text books
|
|
12.
|
Water sold in bulk excluding purified water sold
in sealed containers.
|
Explanation. - The goods mentioned in items 5,6 and 7 of this Schedule shall be goods included in the relevasnat heads and sub-heads of the First Schedule to the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (Central Act 58 of 1957 but does not include goods where no Additional Duties of Excise are levied under that Schedule.
Fifth Schedule
Goods In Respect Of Which Tax Is Leviable Under Section 5
| | | | |
| --- | --- | --- | --- |
|
Sl.No.
|
Description of goods
|
Point of levy
|
Rate of tax
|
|
(1) |
(2) |
(3) |
(4) |
|
1.
|
Jaggery
|
At every point of
sale in the State.
|
4 paise in the rupee
|
|
Provided that
|
|
|
|
(a) where Jaggery is sold to a dealer by a person who is not a
registered dealer other wise than through an agent, the tax
shall be levied at the point of purchase and not at the point of
sale at the rate of four paise in the rupee.
|
|
|
|
(b) where any purchase of Jaggery by a dealer is taxed in
accordance with clause (a) , the sale of such Jaggery effected by
the said dealer shall not be taxed again;
|
|
|
|
(c) where a registered dealer has purchased Jaggery from another
registered dealer and furnished to the prescribed authority in
the prescribed manner a declaration in the prescribed form and
containing such particulars as may be prescribed duly filled and
signed by the registered dealer from whom he purchased such
Jaggery, the sale of such Jaggery effected by the first
mentioned registered dealer shall not be liable to tax.
|
|
|
Sixth Schedule
Goods in Respect of Which Tax is Leviable Under Section 5
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
1.
|
All liquors other than toddy and arrack
|
|
(a) At every point of Sale other than at the
point of last sale in the State.
|
|
50 Paise in the rupee.
|
|
(b) At the point of sale in the State
|
|
10 Paise in the rupee.
|
|
2.
|
Photographic and other cameras and enlargers,
lenses, films and plates, paper and cloth and other parts and
accessories required for use therewith.
|
|
At every point of sale in the State.
|
|
16 paise in the rupee
|
|
3.
|
All clocks, time pieces and watches including
Quartz watches and clocks and parts thereof.
|
|
-do-
|
|
16 paise in the rupee
|
|
4.
|
Iron and steel safes, cash boxes, almirahs,
wardrobes and cabinets.
|
|
At every point of sale in the State.
|
|
16 paise in the rupee
|
|
4A.
|
Furniture other wooden furniture.
|
|
-do-
|
|
12 paise in the rupee
|
|
4B.
|
Wooden Furniture
|
|
-do-
|
|
8 paise in the rupee
|
|
5.
|
All hosiery goods other than those made wholly
of cotton.
|
|
-do-
|
|
16 paise in the rupee
|
|
5A.
|
Hosiery goods made wholly of cotton.
|
|
-do-
|
|
8 paise in the rupee
|
|
5B.
|
Readymade garments
|
|
-do-
|
|
8 paise in the rupee
|
|
6.
|
All kinds of electrical goods, instruments,
apparatus and appliances (other than articles of plastic and
those specifically mentioned elsewhere, including)
|
|
-do-
|
|
16 Paise in the rupee.
|
|
|
(i) wires, holders, plugs, switches, electrical
earthenware and porcelain ware;
|
|
|
|
|
|
|
(ii) casings, capping, reapers, bends, junction
boxes, meter boxes, switch boxes, meter-boards and switch boards
and parts and accessories thereof.
|
|
|
|
|
|
|
(iii) |
|
--do--
|
|
8 paise in the rupee
|
|
6A.
|
Electrical transformers, ACSR conductors and
transmission towers
|
|
-do-
|
|
12 paise in the rupee
|
|
6B.
|
(i) Electrical fans, exhaust fans, air
circulators, air purifiers, kitchen chimneys and air curtains
|
|
-do-
|
|
12 paise in the rupee
|
|
|
(ii) Lighting bulbs including decorative serial
bulbs, torches, fluorescent tubes and other fittings, like chokes
and starters and parts and accessories thereof.
|
|
-do-
|
|
12 paise in the rupee
|
|
6C.
|
Washing machines, vaccum cleaners, electrical
grinders, including wet grinders, mixers, boilers, ovens,
geysors, generators, transformers and parts and accessories
thereof whether operated on the principle of electronics or not.
|
|
-do-
|
|
12 paise in the rupee
|
|
7.
|
Sheets, Cushions, mattresses pillows and other
articles made of rubber, rubberised coir products plastic foam,
synthetic foam or other similar material.
|
|
At every point of sale in the State.
|
|
16 Paise in the rupee.
|
|
8.
|
Paints, colours, dry distempers, varnishes and
blanks, cellulose, lacquers, polish pigments, indigo enamels,
cement-based water paints, oil bound distemper, water pigments,
finishes for leather or plastic emulsion paints, turpentine oil,,
bale oil, white oil and thinners
|
|
-do-
|
|
15 Paise in the rupee
|
|
8A.
|
Lithographic printing and duplicating inks.
|
|
-do-
|
|
8 paise in the rupee
|
|
9.
|
Dyes and Chemicals
|
|
-do-
|
|
10 Paise in the rupee
|
|
10.
|
Articles of stainless steel other than utensils
and kitchenware
|
|
-do-
|
|
12 Paise in the rupee.
|
|
11.
|
Timber and logs cut into sizes such as beams,
rafters, and planks.
|
|
At every point of sale in the State.
|
|
12 Paise in the rupee.
|
|
11A.
|
|
|
|
|
|
|
12.
|
Rubber products (other than those specifically
mentioned elsewhere) including:
|
|
-do-
|
|
15 Paise in the rupee.
|
|
|
(i) latex foam sponge
|
|
|
|
|
|
|
(ii) Plates, sheets and strips unhardened,
whether vulcanised or not and whether combined with any textile
material or otherwise;
|
|
|
|
|
|
|
(iii) Unhardened vulcanised rubber used for
piping and tubing;
|
|
|
|
|
|
|
(iv) Transmission, conveyor or elevator belts or
belting material of vulcanized rubber or textile material whether
reinforced with metal or other material and whether combined with
any textile material or otherwise.
|
|
|
|
|
|
13.
|
Water supply and sanitary fittings (other than
porcelain and china ware).
|
|
-do-
|
|
15 Paise in the rupee.
|
|
13A.
|
Stoneware pipes
|
|
-do-
|
|
15 Paise in the rupee.
|
|
13B.
|
Articles of cast iron including pipes, specials,
fittings, covers, bends and manhole covers.
|
|
-do-
|
|
8 paise in the rupee
|
|
14.
|
Bolts and nuts threaded or tapped and screws of
base metal or alloys thereof including bolt-ends, screws, studs,
screw studding,, self tapped screws, screw hooks and screw rings.
|
|
-do-
|
|
9 Paise in the rupee.
|
|
14A.
|
All Hardware of base metal or alloys, and other
hardware items like locks, woven wire nettings, mesh, cloth
sieves and chainlike of all metals other than those made of
stainless steel.
|
|
-do-
|
|
10 Paise in the rupee.
|
|
15.
|
Staple fibre and yarn
|
|
-do-
|
|
9 Paise in the rupee.
|
|
16.
|
All kinds of foot-wear including Plastic
foot-wear, sports shoes, shoe polishes of all kinds, polish
brushes and shoes horns.
|
|
-do-
|
|
8 Paise in the rupee
|
|
17.
|
Plywood, particle board, laminated board, MDF
Boards batten board, hard or soft wall-boards or insulating board
and veneered panels, whether or not containing any material other
than wood; cellular wood panels, building boards of wood-pulp or
of vegetable fibre, whether or not bonded with natural or
artificial or reconstituted wood being wood shavings, wood chips,
saw-dust, wood flour or other ligneous water agglomerated with
natural or artificial resins or other organic binding substance
in sheets, blocks, boards or in any other form and includes flush
doors.
|
|
At every point of sale in the State.
|
|
15 Paise in the rupee
|
|
17A.
|
Laminated sheets of all kinds.
|
|
-do-
|
|
12 paise in the rupee
|
|
18.
|
Glass and glassware, including,
|
|
|
|
|
|
|
(i) sheet glass and plate glass;
|
|
|
|
|
|
|
(ii) mirrors;
|
|
|
|
|
|
|
(iii) Laboratory glassware;
|
|
|
|
|
|
|
(iv) glass shells,, glass globes and chimeys for
lamps and lanterns;
|
|
|
|
|
|
|
(v) other glassware including table-ware but
excluding bottles
|
|
At every point of sale in the State.
|
|
15 paise in the rupee
|
|
19.
|
Paper of all kinds (including paste-board,
mill-board, straw board and card-board), that is to say,-
|
|
|
|
|
|
|
(i) cigarette tissue;
|
|
|
|
|
|
|
(ii) blotting, toilet or target tissue,
teleprinted, typewriting, manifold, bank, bond or art paper,
chrome paper, tubsized paper, cheque paper, stamp paper,
cartridge paper, parchment and coated board (including art board,
chrome board and board for playing cards);
|
|
|
|
|
|
|
(iii) printing and writing paper, packing and
wrapping paper, straw board and pulp board, including grey board,
corrugated board, duplex and triplex boards or other sorts;
|
|
|
|
|
|
|
(iv) All other kinds of paper and paper board
not otherwise specifically mentioned above, including carbon
paper but excluding cinematographic and photographic paper.
|
|
-do-
|
|
12 paise in the rupee
|
|
20.
|
All kinds of suit cases, brief cases and vanity
bags
|
|
At every point of sale in the State.
|
|
10 Paise in the rupee.
|
|
21.
|
Aerated water, and bottled soft drinks sold
under a brand name whether or not flavoured or sweetened and
whether or not containing vegetable or fruit juice or fruit pulp,
including squashes, jams, jellies, juices when sold in sealed or
capsuled or corked bottles, jars, tins, drums or other containers
and mineral water sold under a brand name
|
|
-do-
|
|
12 paise in the rupee
|
|
22.
|
Chinaware and porcelain ware other than crockery
|
|
-do-
|
|
15 paise in the rupee
|
|
23.
|
All kinds of gases whether in compressed,
liquefied or solidified or in any other form other than
industrial gases.
|
|
-do-
|
|
16 paise in the rupee.
|
Provided that for the purpose of liquor at any point of sale other than the first point of sale and the last point of sale, the turnover of the goods liable to tax shall be arrived at by deducting the turnover of such goods on which tax has been levied at the immediately preceding point of sale.
Explanation I. - (a) For the purpose of Entry (1) in this Schedule when any distillery or brewery or any dealer sells liquor to Andhra Pradesh Beverages Corporation Limited, sales by Andhra Pradesh Beverages Corporation Limited shall be deemed to be the first sale.
(b) 'Point of last sale' shall mean sale of liquor to a person by a dealer who purchased liquor from Andhra Pradesh Beverages Corporation Limited:
Provided that the turnover of any distillery or brewery of any dealer in respect of sale of liquor to Andhra Pradesh Beverages Corporation Limited shall be exempted from payment of tax:
Provided further in respect of goods other than liquor mentioned in this Schedule, tax to be paid at any point of sale other than first point of sale, shall be determined after deducting the tax levied on the turnover of such goods at the immediately preceding point of sale by a registered dealer from the tax leviable on the turnover of the same goods at the point of sale by selling dealer.
Explanation II. - If in the sale bill issued at the preceding point of sale tax levied is not shown separately, but tax is collected by seller at the preceding point of sale from the buying dealer, for determining the amount of tax levied at the preceding point of sale, for the purpose of this proviso the following formula shall be applied. Rate of tax X Sale price at the preceding point of sale 100 + Rate of tax.
Where the turnover of a dealer is taxable at different rates, the aforesaid formula shall be applied separately in respect of the turnover of each goods liable to tax.
Provided further that the turnover of a retail dealer in respect of sale of goods other than liquor mentioned in this Schedule, to persons other than dealers at any point of sale other than first point of sale, shall be exempt from payment of tax and that part of turnover of a retail dealer which relates to second and subsequent sales of the goods referred to above to other dealers for effecting accommodation sales by the latter shall also be exempt from tax, if such turnover does not exceed five percent of the total turnover of that dealer in a year, and a Certificate is produced in such manner and form as may be prescribed.
Provided further that in the case of a retail dealers whose total turnover did not exceed rupees ten lakhs in the preceding year, but exceeded Rs. ten lakhs during the current year for the first time, such dealer shall be liable to pay tax under this Schedule on the turnover of second and subsequent sales (in addition to the tax payable on the turnover of the first sales) made by him subsequent to the date on which the turnover of that dealer exceeded Rs.10 lakhs in that year.
Provided also that the turnover of a retail dealer in respect of commodities other than liquor for the relevant assessment year shall be exempt from payment of tax in respect of sales other than first sale within the State of the goods specified in this Schedule.
Provided further that when the goods, other than liquor mentioned in this Schedule, manufactured by SSI units, which are eligible for Tax Holiday under the State Incentives Schemes, are sold at second and subsequent points of sale, the turnover liable to tax at such points of sale shall be determined after deducting the turnover at the preceding point of sale from the turnover of the same goods at that point of sale.
Explanation. - For purposes of item 11 in the case of timber purchased by the forest contractors in the auction of forest coupes conducted by the Forest Department of the State Government and sold by such contractors, the sale by such contractors of such timber in any form or size shall be deemed to be first sale.
Schedule 7
------------
Goods In Respect Of Which Tax Is Leviable Under Section 5
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
1.
|
Goods other than those specified in First to
Sixth Schedules
|
|
At the point of first sale in the State
|
|
12 paise in the rupee
|
|
Provided that a dealer other than a casual
trader and an agent of a non resident daler whose total turnover
for a year is less than rupees two lakhs shall not be liable to
pay tax in respect of the goods mentioned in this Schedule.
|
|
65bac272ab84c7eca86ec751 | acts |
State of Jammu-Kashmir - Act
------------------------------
The Jammu and Kashmir Sapphire Act, Svt. 1989
-----------------------------------------------
JAMMU & KASHMIR
India
The Jammu and Kashmir Sapphire Act, Svt. 1989
===============================================
Act 16 of 1932
----------------
* Published in Gazette 16 on 16 January 2017
* Assented to on 16 January 2017
* Commenced on 16 January 2017
The Jammu And Kashmir Sapphire Act, 1989
[Act No. 16 of 1989]
[12th Katik, 1989]
An Act to Prohibit the unlicensed possession of sapphires and other precious stones within the territories of Jammu and Kashmir State.
Whereas it is expedient to prevent theft of precious stones from mines within the State, to prohibit and punish the unlicensed possession thereof and particularly the theft of stones from the Paddar Mines, transport thereof in the State and export to any place outside the State by persons not licensed for the purpose;
It is hereby commanded as follows:-
### 1. Short title, extent and commencement
(i) The Act may be called the Sapphire Act, 1989.
(ii) It shall extend to the whole of the Jammu and Kashmir State.
(iii) It shall come into operation immediately.
### 2. Definitions
In this Act, unless there is something repugnant to the context, the following words shall have the meanings attached to them:-
(a) "precious stone" means corundum sapphire and ruby and includes any other stone which the Government may by a notification in the Government Gazette declare to be a precious stone for the purposes of this Act;
(b) "sapphire or ruby" means sapphire or ruby from the Paddar mines or elsewhere within the State territories, which is in a crude condition, either as more or less complete crystals, such as appear in the pegmatite matrix, or broken fragments as are obtained from the detritus on the hill side;
(c) "export" means the taking out of the Jammu and Kashmir State territories to any place outside such territories;
(d) "transport" means the removal from one place to another within the territories of the Jammu and Kashmir State;
(e) "Minister-in-charge" means a Minister of the Government for the time being in charge of the Mining and Mineral Survey Department;
(f) "vessel" includes anything for the conveyance of property;
(g) "Magistrate" means a Magistrate of the first or second class or any official or person specially empowered by the Government to try cases under this Act;
(h) "State territory" means the territory of the Jammu and Kashmir State;
(i) "Mineral Survey Officer" means and includes the mining office of the Mineral Survey Department and any other officer of that Department higher in rank or any officer empowered by the Government by name or by office to carry out all or any of the purposes of this Act;
(j) "Police Officer" means and includes all officers of the Police Department of and above the rank of a constable;
(k) "Customs and Excise Officer" means and includes every officer of the Department of and above the rank of a jamadar;
(l) "Revenue Officer" means any officer of the Revenue Department of and above the rank of a lambardar;
(m) "Forest Officer" means and includes every officer of that Department of and above the rank of a forest guard;
(n) "sapphire offence" means any offence punishable under this Act.
### 3. Precious stones to be the property of the State
All sapphires and rubies and all precious stones as defined above found anywhere within the State territory after three months from the date of the promulgation of this Act shall be deemed to be the property of the State, unless title thereof is vested in any person in accordance with the rules made under this Act.
### 4. Prohibition as to keeping or retaining in possession buying or selling sapphire or ruby within the State after three months from promulgation of this Act
Except as permitted by the Minister-in-charge or under any rules promulgated under this Act, no one shall have, keep or retain in his possession or custody any sapphire or ruby within the State territory after three months from the promulgation of this Act, or buy or sell or be otherwise a party to the transfer of any sapphire or ruby or a precious stone as defined above or transport it or dig, cut or dress it.
### 5. Penalty
Whoever does any of the acts prohibited by section 4 above shall on conviction by a Judicial Magistrate be punishable with imprisonment of either description which may extend to two years or fine which may extend to Rs. 5,000, or both.
### 6. Offences cognizable and non-bailable
All offences under this Act shall be cognizable and non-bailable.
### 7. Officers authorised to prevent commission of offences
Every Mineral Survey Officer, Forest Officer, Police Officer, Customs and Excise Officer and Revenue Officer shall prevent, and may interfere for the purpose of preventing, the commission of any sapphire offence under this Act.
### 8. Officers authorised to seize sapphire or ruby or detain, search or arrest suspected person when offence committed
When there is reason to believe that an offence under this Act has been committed, any Mineral Survey Officer or any Forest Officer above the rank of Ranger, or any Police Officer not below the rank of Sub-Inspector or any Officer of the Revenue Department not below the rank of Naib-Tehsildar, or any other officer specially authorised by the Government in this behalf may without an order from a Magistrate and without a warrant-
(a) seize any sapphire or ruby, with respect to which offence under this Act is alleged to have been committed, together with all weapons, materials, tools, boats, carts and cattle believed or alleged to have been used in committing such offence;
(b) detain, search or arrest any person against whom a reasonable suspicion exists of his being concerned in any offence under this Act:
Provided that every officer making any arrest under this section shall, without any unnecessary delay, take or send the person arrested to the nearest Magistrate or to the officer in charge of the nearest police station;
(c) detain and search in any open place any cart, car, pack-animal or other conveyance which he has reason to believe to be used for carrying sapphire or ruby in respect of which an offence under this Act has been committed; and
(d) under a warrant issued by a Magistrate to him by name or by virtue of his office enter and search any building, vessel or place in which he has reason to believe sapphire or ruby to be unlawfully kept or concealed and, in case of resistance, to break open any door or remove any obstacle to such entry.
### 9. Application of Code of Criminal Procedure
All warrants issued and all searches made under section 8 shall be executed or made in accordance with the provisions of the Code of Criminal Procedure in force within the State.
### 10. Report to Magistrate of seizure of property
Every officer seizing any property shall, without any unnecessary delay, make a report of such seizure to the Magistrate; provided that when the offender is unknown it shall be sufficient for the officer to make, as soon as possible, a report of the circumstances of such seizure to his immediate superior officer.
### 11. Duty of Magistrate
Upon the receipt of any such report, the Magistrate shall, with all convenient speed, take such measures as may be necessary for the arrest or detention and trial of the offender and the disposal of the property according to law.
### 12. Confiscation of seized sapphires, rubies, weapons materials, tools, etc
All sapphires or rubies in respect of which an offence under this Act has been committed and all weapons, materials, tools, vessels and cattle used in committing it shall be liable to confiscation and, on the conclusion of the trial or, in case of the offender being not known, without any trial shall be made over by the Judicial Magistrate to the Minister-in-charge or any officer appointed by him in writing by a particular or general order. Such confiscation shall be in addition to any other punishment prescribed for such an offence.
### 13. Penalty for vexatious or unreasonable seizure, detention, etc
Any officer who vexatiously and without reasonable cause seizes any property, detains or searches any person, animal or conveyance or enters or searches any building, vessel or place without any belief that an offence under this Act has been committed, shall be punished with imprisonment of either description which may extend to six months or with fine which may extend to Rs. 500, or with both.
### 14. Person in possession of sapphire or ruby within the State the commencement of this Act to make over such sapphire or ruby to an authorised officer, entitled to 30 percent of the value
Notwithstanding anything stated in this Act, any person who has in his possession or custody any sapphires or rubies within the State territories at the commencement of this Act may make over such sapphires or rubies to the officer duly authorised for such purpose by the Minister-in-charge within three months of the promulgation of this Act and shall be entitled to receive 30 per cent of the value of such sapphires or rubies unless he can prove a valid title thereto to the satisfaction of the officer appointed by the Minister-in-charge in this behalf, in which case he will be entitled to receive full value of such sapphire or ruby.
No person complying with the provisions of this section shall be liable to prosecution under section 5 and no enquiry shall be made from him as to the source from which he obtained such sapphire or ruby, unless he volunteers to give this information in order to prove valid title to such sapphires or ruby.
### 15. Value to be determined by Minister-in-charge
The value of the sapphires or ruby produced under section 14 by any person shall be determined by the Minister-in-charge and his assessment shall be final.
### 16. Sapphire or ruby to be deemed illicit if not produced as required by section 14
Any sapphire or ruby not produced as required by the provisions of section 14 within three months of the promulgation of this Act shall be deemed to be illicit.
### 17. Reward to informer
Any person who is not State official and gives information which leads to the seizure of sapphires or rubies as defined in this Act, shall be entitled to a reward not exceeding 30 per cent, of the seized sapphire or ruby as the Minister-in-charge may determine.
### 18. Report of Mineral Survey Officer to be used as evidence
Any document purporting to be a report under the hand of any Mineral Survey Officer of the State upon any sapphire or ruby duly submitted to him for examination and report in the course of any proceedings under this Act, may be used as evidence in any enquiry, trial or other proceedings under this Act.
### 19. Application of the provisions of this Act to any other mineral
The Government may, by a notification printed in the Jammu and Kashmir Government Gazette, apply the provisions of this Act to any mineral other than sapphire or ruby.
### 20. Rule making power
The Minister-in-charge may make rules consistent with the provisions of this Act for the carrying out of the objects of this Act.
|
65ba85d7ab84c7eca86ebe6f | acts |
Union of India - Act
----------------------
The Damodar Valley Corporation (Appointment of Financial Adviser) Rules 2005
------------------------------------------------------------------------------
UNION OF INDIA
India
The Damodar Valley Corporation (Appointment of Financial Adviser) Rules 2005
==============================================================================
Rule THE-DAMODAR-VALLEY-CORPORATION-APPOINTMENT-OF-FINANCIAL-ADVISER-RULES-2005 of 2005
-----------------------------------------------------------------------------------------
* Published on 3 August 2005
* Commenced on 3 August 2005
The Damodar Valley Corporation (Appointment of Financial Adviser) Rules 2005
Published vide Notification No. G.S.R. 518(E) , dated 3rd August, 2005
Ministry of Power
G.S.R. 518(E) . - In exercise of the powers conferred by Section-7, sub section-(a) of the Damodar Valley Corporation Act 1948 XIV of 1948 the Central Government hereby makes the following rules regulating the appointment of Financial Advisor (FA), Damodar Valley Corporation (DVC), a Corporation under the Ministry of Power, namely:-
### 1. Short title and commencement.
(1) These rules may be called the Damodar Valley Corporation (Appointment of Financial Adviser) Rules 2005.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Number of post, classification and scale of pay.
- The number of post, its classification and the scale of pay attached thereto shall be as specified in columns 2 to 4 of the Schedule annexed to these rules.
### 3. Method of recruitment, age, qualification etc.
- The method of recruitment to the said post, age limit, qualification and other matters relating thereto shall be as specified in columns 5 to 14 of the said Schedule aforesaid.
### 4. Disqualification.
- No person shall be eligible for appointment to the said post:
(a) Who has entered into or contracted a marriage with a person having a spouse living; or
(b) Who having a spouse living, has entered into or contracted a marriage with any person,
Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.
### 5. The conditions of service for which the provisions have not been made in these rules, including entitlement of leave salary, leave travel concession traveling allowances, medical facilities, shall be such as are admissible to a Group 'A' officer of the corresponding status in the Central Government.
### 6. Power to relax.
- Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.
### 7. Savings.
- Nothing in these rules shall affect reservations, relaxation of age limit and other concessions required to be provided for the Schedule Castes, the Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.
Schedule
----------
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Name of the post
|
No. of post
|
Classification
|
Scale of pay
|
Whether Selection or Non-selection Post
|
Whether benefit of added years of service
Admissible Under Rule 30 of the Central Civil Service (Pension) |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
Financial Adviser
|
1 (one) |
Group A
|
Rs. 18,400 – 22,400
|
Selection
|
Not applicable
|
|
|
|
|
|
|
|
|
Age limit for direct recruits
|
Educational and other qualification required for
direct recruit
|
Whether age and education qualification prescribed
for direct recruits will apply in the case of promotee
|
Period of probation, if any
|
Method of recruitment
whether by direct recruitment or by promotion or by deputation
or transfer and percentage of the vacancies to be filled by
various methods
|
|
(7) |
(8) |
(9) |
(10) |
(11) |
|
Not applicable
|
Not applicable
|
Not applicable
|
Not applicable
|
By deputation
|
|
|
|
|
|
|
|
In case of recruitment by promotion or deputation
or transfer, grades from which Promotion or deputation or
transfer to be made
|
If Departmental Promotion Committee exists, what
is composition
|
Circumstances in which Union Public Service
Commission is to be consulted in making recruitment
|
|
(12) |
(13) |
(14) |
|
Deputation –The Officers of Central or State Government holding a post not
below the Rank of Director to the Government of India.Desirable
–Experience in
administrative financial and budgetary matters.Period
of deputation –The
term of office of Financial Adviser shall be five years from the
date on which he joins the post in Damodar Valley Corporation.
|
Search-cum-Selection
Committee
|
Consultation with Union Public Service Commission
not required
|
|
(i) Secretary,
Ministry of Power(ii) Chairman, Damodar Valley Corp.(iii)
Chairman, Central Electricity(iv) Representatives of Deptt.
of Public Enterprises (not below the rank of Addl. Secy)(v) Representative of Department of Expenditure (not below the rank
of Additional Secretary
|
-Chairman-Member-Member-Member-Member
|
|
|
|
|
|
65b9bd9dab84c7eca86e9d38 | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan Live-Stock Improvement Rules, 1964
--------------------------------------------------
RAJASTHAN
India
The Rajasthan Live-Stock Improvement Rules, 1964
==================================================
Rule THE-RAJASTHAN-LIVE-STOCK-IMPROVEMENT-RULES-1964 of 1964
--------------------------------------------------------------
* Published on 18 September 1964
* Commenced on 18 September 1964
The Rajasthan Live-Stock Improvement Rules, 1964
Published vide Notification No. F.15 (132) S.C.A/59 dated 18-9-1964, Published in Rajasthan Gazette Part 4-C, dated 14.1.1965
In exercise of the powers conferred by section 27 of the Rajasthan Livestock Improvement Act, 1958 (Rajasthan Act
45 of 1958
), the State Government hereby makes the following rules, the same having been previously published in the Rajasthan Gazette, Part III-(B) No. 51 dated 19th March, 1964 as required by Sub-section (3) of the said section of the said Act, namely:-
### 1. Short title.
- These rules may be called the Rajasthan Livestock Improvement Rules, 1964.
### 2. Definitions.
- In these rules, unless there is anything repugnant in the subject or context-
(i) "the Act" means the Rajasthan Livestock Improvement Act, 1958 (Rajasthan Act
45 of 1958
);
(ii) "castrate" means to perform an operation in accordance with these rules for the purpose of removing the reproductive power of a Bull and these rules for the purpose of removing the reproduction power of a Bull and the words "castrated" and "castration" shall be construed accordingly;
(iii) "entire" means a male Bull possessing full reproductive power;
(iv) "Schedule" means a Schedule appended to these rules;
(v) "section" means a section of the Act;
(vi) "village" means a village to which the Act is extended and in which the Act has been brought into force under section 1;
(vii) "panchayat" means a panchayat established under the Rajasthan Panchayat Act, 1953 (Rajasthan Act 23 of 1953).
### 3. Limit of age beyond which unlicensed or uncastrated bull not to be kept.
- No person shall keep a Bull which has attained the age of one and half years unless a licence has been granted in respect of such Bull, or such Bull has been castrated in accordance with the provisions of these rules, as the case may be.
### 4. Application for licence.
- Where a person keeping a Bull desires to retain such Bull entire after it his attained the age of one and a half years, such person shall, three months before the Bull attains the age of one and a half years, make an application for a licence in respect of such Bull to the Live- stock Officer. The application shall state (i) the name and address of the person who keeps such Bull, (ii) the place where such Bull is kept, and (iii) the marks, colour, height and other particulars of identification of such Bull.
### 5. Inspection of bull before grant of licence.
- On receipt of such application, the Live-stock Officer shall inspect or, may cause the Bull to be inspected as to its age and whether it is suffering from any defect or is affected with any disease mentioned in section 7 (i) (b) and (c).
### 6. Grant of licence.
- If on inspection under Rule 5, the Live- stock Officer is satisfied that the Bull is not suffering from any defect or is not affected with any disease mentioned in section 7 (i) (b) and (c), the Live-stock Officer may grant a licence in respect of such Bull in the Form prescribed in Schedule II and the Live-stock Officer shall ordinarily grant a licence for any such Bull so as to provide that shall be one such Bull for every 60 cows in a village in the State of Rajasthan.
### 7. Period of licence.
- The period for which a licence may be granted shall not exceed three years.
### 8. Marking of licensed bulls.
- A bull in respect of which a licence has been granted shall be marked by means of branding in such manner as the Director of Animal Husbandry may from time to time direct.
### 9. Inspection by Livestock Officer when compulsory.
- In case of a grant or revocation of a licence in respect of a Bull on any of the grounds specified in Sub-section (1) of section 7, the opinion of the Live-stock Officer, whether the Bull is suffering from any defect or affected with any disease mentioned in section 7 (i) (b) and (c) shall be conclusive.
### 10. Renewal of licence.
- Before the period of a licence in respect of a Bull expires, the holder of such licence shall licence shall apply to the Live-stock Officer for the renewal thereof. On such application the Live-stock Officer may renew the licence for a period not exceeding three years, provided that he is satisfied that the Bull in respect of which the licence has been granted is not suffering from any defect or is not affected with disease mentioned in section 7.
### 11. Transfer of licence.
- The holder of a licence may with the previous consent in writing of the Live-stock Officer, transfer the licence to any person who shall have become the keeper of the Bull. On such transfer, the Live-stock Officer shall make an endorsement on the licence stating the name of the person to whom the licence is transferred and the date upto which the said licence shall be in force.
### 12. Notice of revocation of licence.
- When a Live-stock Officer revokes a licence in respect of any Bull, he shall give the keeper of the Bull notice in the Form prescribed in Schedule III.
### 13. Form of notice of castration.
- The notice of castration under section 7 shall be given in the Form prescribed in Schedule IV.
### 14. Castration.
(1) Every Bull directed to be castrated under section 11 or section 18 shall be effectively de-sexed by a Burdizzo Castrator.
(2) If Live-stock Officer is not satisfied with the castration of any Bull, he may castrate and cause the castration to be performed again.
### 15. Manner of inquiry under Section 18.
- Before seizinga dull under Sub-section (2) of section 18, the Live-stock Officer shall cause an inquiry to be made as to ownership of the Bull by the panchayat of the Village in which the bull is kept and, where no panchayat is functioning by a committee consisting of the village Officers and such other residence of the village, not exceeding three in number, as may be appointed by the Live-stock Officer in this behalf.
### 16. Determination of costs of maintenance and sale of a bull.
- The amount of costs charges or expenses specified in Sub-section (2) of section 18 shall be fixed by the Live-stock Officer
Provided that if the owner or other person who keeps the Bull disputes the amount so fixed, such amount shall be determined by the panchayat of the village and, where no panchayat is functioning by a committee constituted in the manner prescribed in the preceding rule. The decision of the panchayat or the committee, as the case may be, shall be final.
### 17. Duties of the Live-stock Officer.
- It shall be the duty of the Live-stock Officer to exercise all or any of the powers conferred on him under the Act of the rules for the purpose of carrying into effect the purpose of the Act and, in particular, to provide that no Bull which has attained the age of one and a half years, shall remain in any village unless a licence has been obtained in respect of such Bull, or unless such Bull has been castrated in the manner provided by these rules.
### 18. Power of Live-stock Officer to enter premises.
- The Livestock Officer shall have power to enter any premises or place where he has reason to believe that Bulls are kept between sunrise and sunset, for the purpose of performing any of the duties imposed on him by the Act or the rules:
Provided that the Live-stock Officer may before entering such premises or place give notice in writing to the owner or occupier of such premises or place in the Form specified in Schedule I.
I
---
(See rule 18)
To,
A.B. .............. Residing at ................ Where as I have reason to believe that you have kept on your premises/ in your place an entire Bull/ Bulls I hereby give you notice that I shall enter your premises/ place on \*(here state date) ................... between .................. (Here state hours) for the purpose of inspecting the said Bull/ Bulls you are hereby warned to keep Bull/ Bulls ready for inspection and not remove the Bull/Bulls on the aforesaid date from the premises/ place until it is/ they are inspected by me.
Dated this the ............ day ........... of 19 ....
II
----
(See Rule 6)
Licence to keep a Bull
Mr./ Mrs./ Miss .......... of .......... is hereby granted a licence, subject to the provisions of the Rajasthan Livestock Improvement Act, 1958 and the Rajasthan Livestock Improvement Rules conferring upon him/ her the privilege of keeping the Bull described in the margin, for breeding purposes in the village of .................
S.No. .......................... Name, if any of Bull ...................
Age ............................ Colour ..............................
Height ........................ Marks ................................
Other particulars .......................................
District .............. for the period from .......... 19 .......... to .......... 19 .......... both days inclusive, subject always to the terms condition and restrictions hereinafter mentioned, namely:-
(1) The licence-holder shall inform the Live-stock Officer of any illness, defect or deformity which is likely to render the Bull unsuitable for breeding purposes.
(2) The licence-holder shall not be entitled to any compensation for revocation of the licence.
(3) The licence-holder shall submit the Bull for inspection whenever required by any Live-stock Officer to do so.
(4) The licence-holder shall maintain the Bull in good breeding condition tot he satisfaction of the Live stock Officer.
(5) The licence-holder shall give benefit of the service of the Bull to the cows of the village in which the Bull is kept in preference to the cows of other villages.
(6) The licence-holder shall give to the Live-stock Officer all information regarding the service rendered by the Bull during the period of the licence.
(7) The licence-holder shall give information to Live-stock Officer when the licensed Bull is sold or otherwise transferred.
Dated the .......... day of .......... 19 ..........
| | |
| --- | --- |
|
|
(Signed) |
|
|
Live-stock Officer
|
Note:- (a) This licence may be renewed on by the keeper satisfying the Live-stock Officer that the Bull continues to be a food breeder and has been maintained in good breeding condition.
(b) This licence will be revoked for breach of any of the terms or conditions thereof.
III
-----
(See Rule 12)
To,
A.B. ............ residing at .......... Whereas it has come to my notice that you keep a Bull described in the margin in respect of which a licence was granted to you on ...............
S. No. ................ Branding marking.
Name, if any, of Bull ........................
Age ........................... Colour ..............................
Height ........................ Marks ..............................
Other particulars ......................................
And whereas I am of the opinion that
A. the bull appears to be..................
B. there has been a breach of the terms or conditions of the licence in as much as ......................
I have under section 7 of the Rajasthan Livestock Improvement Act 1958, revoked the licence and I give you notice of the said revocation as required by Sub-section (4) of the said Section 7.
Dated this the ............ day of .......... 19 ............
| | |
| --- | --- |
|
|
(Signed) |
|
|
Live-stock Officer
|
N.B. - A or B should be scored out where necessary.
IV
----
(See Rule 13)
To,
A.B. ............. residing at .............. Whereas it has come to my notice that you own/ keep a Bull described in the margin in respect of which a licence is
| |
| --- |
|
not taken
|
|
refused
|
|
revoked
|
|
not renewed
|
Name, if any, of Bull;
Now, therefore, in exercise of the powers conferred upon me by section 11 of the Rajasthan Livestock Improvement Act, 1958, I give you notice that the said Bull shall be castrated within one month from the date of the receipt of this notice and that on your failure to do so you shall be liable to be punished under section 14 of the said Act.
Dated this the ............ day of .......... 19 ............
| | |
| --- | --- |
|
|
(Signed) |
|
|
Live-stock Officer
|
Note:- Castration shall be performed by Officers of the Animal Husbandry Department free of charge.
|
65b93c7fab84c7eca86e8b05 | acts |
State of Odisha - Act
-----------------------
Shri Jagannath Temple (Installation and Operation of Hundi and Constitution of Foundation Fund) Rules, 1983
-------------------------------------------------------------------------------------------------------------
ODISHA
India
Shri Jagannath Temple (Installation and Operation of Hundi and Constitution of Foundation Fund) Rules, 1983
=============================================================================================================
* Published on 9 August 1983
* Commenced on 9 August 1983
Shri Jagannath Temple (Installation and Operation of Hundi and Constitution of Foundation Fund) Rules, 1983
Published vide Notification S.R.O. No. 420/83, dated 9th August, 1983, Orissa Gazette Extraordinary No. 975/10.8.1983
Notification S.R.O. No. 420/83, dated 9th August, 1983. - In exercise of the powers conferred by Section 32 of Shri Jagannath Temple Act, 1955 (Orissa Act 11 of 1955), the State Government do hereby make the following rules regulating the installation and Operation of Hundi in the Temple and Constitution of the Foundation Fund, namely :
Chapter-I Preliminary
### 1. Short title and commencement.
(1) These rules may be called Shri Jagannath Temple (Installation and Operation of Hundi and Constitution of Foundation Fund) Rules, 1983.
(2) They shall come into force on the date of publication in the Official Gazette.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires-
(a) "Act" means Shri Jagannath Temple Act, 1955;
(b) "Administrator" means the Administrator of the Temple appointed under Section 19;
(c) "Committee" means the Foundation Fund Committee constituted under Sub-section (6) of Section 28-C;
(d) "Form" means a Form appended to these rules;
(e) "Fund" means the Foundation Fund as referred to in Section 28-C;
(f) "Hundi" means a Hundi as referred to in Section 28-B;
(g) "Managing Committee" means the committee as defined in Clause (a) of Sub-section (1) of Section 4 of the Act;
(h) "section" means a section of the Act;
(i) "Temple" means Shri Jagannath Temple, Puri;
(j) "year" means the financial year commencing on the first day of April each year and ending on the 31st March next following.
(2) All other words and expressions which are used but not defined in these rules shall have the same meaning as respectively assigned to them in the Act.
Chapter-II Installation and operation of Hundi
### 3. Installation of Hundi.
- Any Hundi or Hundis that may be installed by the Managing Committee with the approval of the State Government under Sub-section (1) of Section 28-B, shall be installed at such conspicuous place or places in the Temple as the Managing Committee may think fit keeping in view the intention behind such installation, the convenience of the pilgrims and devotees visiting the Temple, the security of the Hundis, and the offerings that may be placed in it by such pilgrims and devotees.
### 4. Operation of Hundis.
(1) The Hundis shall be operated by the Administrator.
(2) The Hundis shall remain operative during such time of the day as will be determined by the Managing Committee.
(3) Each Hundi shall, before its operation starts, be seated by the Administrator or any other officer authorised by him in that behalf.
(4) Every Hundi operated in the Temple shall be cleared by the Administrator or any other officer authorised by him once everyday at 10 P. M.:
Provided that any of such Hundis may also be cleared at such other time as the Administrator may deem necessary.
(5) Every time a Hundi is cleared, it will be sealed again for operation as provided in Sub-rule (3).
(6) The offerings received in the shape of cash, cheques, drafts and other cash equivalents shall be credited into the account opened in a Nationalised Bank located in the locality at the earliest opportunity.
(7) The offerings received in the form of materials such ornaments, gold, silver, clothings, utensils and.such other materials shall be sorted out and kept under the custody of the Administrator under a separate account maintained in a register in Form 'B'.
(8) Materials referred to in Sub-rule (7) shall be transferred to the Temple Stock to utilised by the Administrator for the use of the Temple.
### 5. Maintenance of accounts.
(1) For the proper account of the offerings received in the Hundi or the Hundis there shall be maintained two separate ledgers in Form 'A' and Form 'B' in the manner hereinafter provided.
(2) The ledger in Form 'A' shall indicate the details of cash equivalents received and the Bank credits made and shall also indicate separately the progressive total of cash and cash equivalents received, and available in hand and in the Bank accounts, during the year.
(3) The ledger in Form 'B' shall indicate the details of material offerings received, with its weight, value or such other description as would be sufficient to assess the value of such materials, and the materials utilised or disposed, if any, and shall also indicate separately the progressive total of such materials received, utilised and disposed and the balance available, during the year.
(4) (a)
The Administrator shall be responsible for the maintenance of ledgers referred to under this rule and the daily postings made in such ledgers shall be signed by the clerk-in-charge of the ledgers and the officer authorised by the Administrator.
(b) The Managing Committee may authorise a member of the Committee to remain present at the time of opening of Hundi.
(5) The Administrator shall make necessary arrangements for guarding of the Hundis.
Chapter-III Foundation Fund and Committee
### 6. Incorporation of the Committee.
(1) The Foundation Fund Committee shall be a body corporate by the name of Shri Jagannath Temple Foundation Fund Committee.
(2) The Committee shall have perpetual succession and a common seal, and shall sue and be sued by the said name.
(3) The Committee shall function in the office of the Administrator.
### 7. Receipts on the Fund.
(1) The Secretary of the Committee or any other person authorised by him shall be competent to receive all sums to be credited to the Fund under Sub-section (2) of Section 28-C.
(2) The Secretary or such authorised person shall acknowledge receipt of all sums received towards the Fund in Form 'C'.
(3) All sums so received towards the Fund shall be entered in a separate cash book to be maintained for the purpose in Form 'D'.
(4) All such sums shall be deposited in a Savings Bank Account to be opened in such Bank as may be determined by the Government.
(5) On the last day of every month the balance available in the aforesaid account shall, subject to the provisions in Sub-section (3) of Section 28-C, be invested in fixed deposits account to be opened in the name of "Shri Jagannath Temple Foundation Fund".
(6) All such investments in the Fixed Deposits shall be entered in a register called "The Investment Register" to be maintained in Form 'E'.
(7) The interest accruing out of such fixed deposits shall, on arrangement so made be directly credited to the Fund by the Bank concerned under intimation to the Secretary of the Committee.
Form 'A'
[See Rule 5]
Register of Collections from Hundi
(Cash and cash equivalents)
| | |
| --- | --- |
|
Receipt
|
Expenditure
|
|
Date
|
Particulars of collections
|
Amount
|
Date
|
Particulars of expenditure
|
Amount
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
|
|
|
|
|
|
Form 'B'
[See Rules 4 and 5]
Register of Collections for Hundi
(Materials like ornament, gold, silver, clothings, utensils and miscellaneous items)
Year...........20.............
| |
| --- |
|
Details of the material collections
|
|
Date
|
OrnamentsGold Silver
|
Gold
|
Silver
|
Coins
|
|
Particulars
|
Weight
|
Particulars
|
Weight
|
Particulars
|
Weight
|
Particulars
|
Weight
|
Gold
|
Silver
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
|
|
|
|
|
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Details of the material collections
|
Receipt No. and date of materials transferred to
temple accounts (Columns 2 to 17)
|
Signature of the Hundi Clerk
|
Signature of the Officer
|
Remarks
|
|
Clothing
|
Utensils
|
Miscellaneous items
|
|
Particulars
|
Approximate cost
|
Particulars
|
Weight
|
Particulars
|
Approximate cost
|
|
(12) |
(13) |
(14) |
(15) |
(16) |
(17) |
(18) |
(19) |
(20) |
(21) |
|
|
|
|
|
|
|
|
|
|
|
Form 'C'
[See Rule 7(2) ]
Receipt
Book No....................... Receipt No...........
Received with thanks Rs............. (Rupees.................................) for the Shri Jagannath Temple Foundation Fund.
Rs............
Secretary
Form 'D'
[See Rule 7(3) ]
Foundation Fund Cash Book
Receipt
| | | | |
| --- | --- | --- | --- |
|
Date of receipt
|
Particulars of receipt
|
Amount received
|
Remarks
|
|
(1) |
(2) |
(3) |
(4) |
|
|
|
|
|
Expenditure
(In form of investment or otherwise)
| | | | | |
| --- | --- | --- | --- | --- |
|
Date
|
Expenditure
|
Particulars of expenditure
|
Amount paid
|
Remarks
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
|
|
|
Form 'E'
[See Rule 7(b) ]
Investment Register
(Shri Jagannath Temple Foundation Fund)
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Investment Certificate
|
Amount
|
Date of investment
|
Period
|
Date of maturity
|
Date from which 1st interest will accrue
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
|
|
|
|
|
|
|
|
|
65b992f0ab84c7eca86e9605 | acts |
State of Meghalaya - Act
--------------------------
William Carey University Act, 2005
------------------------------------
MEGHALAYA
India
William Carey University Act, 2005
====================================
Act 13 of 2005
----------------
* Published on 13 July 2005
* Commenced on 13 July 2005
William Carey University Act, 2005
Meghalaya Act
No. 13 of 2005
Last Updated 19th February, 2020
[Dated 13th July, 2005]
As passed by the Meghalaya Legislative Assembly
[Received the assent of the Governor on the 6th July, 2005]
[Published in the Gazette of Meghalaya Extraordinary issued dated 13th July, 2005.]
No. LL.(B) 11/2005/50. - The William Carey University Act, 2005 (Act
No. 13 of 2005
) is hereby published for general information.
An Act to establish and incorporate University in the State, with emphasis on providing high quality and industry relevant education in the areas of Management. IT, Bio-technology, Education, Environment and other scientific study and research sponsored by ACTS Academy of Higher Education affiliated to ACTS Ministries, Bangalore, India and to provide to matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Meghalaya in the Fifty-sixth Year of the Republic of India as follows :-
Chapter 1
Preliminary
--------------------------
### 1. Short title and Commencement.
(1) This Act may be called William Carey University Act, 2005.
(2) It shall be deemed to have come into force on the date of notification issued by the State Government.
### 2. Definitions.
- In this Act, unless the context otherwise indicates :
(i) "Academic Council" means the Academic Council of the University;
(ii) "Act" means the William Carey University Act, 2005;
(iii) "ACTS" means acronym for Agriculture, Crafts Trades and Studies;
(iv) "Adjunct Campuses" means campus or campuses which are attached to the University in addition to the main campus;
(v) "AICTE" means the All India Council for Technical Education established under Section 3 of the All India Council for Technical Education Act, 1987;
(vi) "Affiliated College" means a college or an institution which is affiliated to the University in accordance with the guidelines issued by the UGC;
(vii) "Annual Report" means the Annual report of the University as explained in Section 44 of the Act;
(viii) "Board of Governors" means the Board of Governors of the University as explained in Section 20 of the Act;
(ix) "Board of Management" means the Board of Management of the University as explained is Section 21 of the Act;
(x) "Chancellor" means Chancellor of the University as explained in Section 13 of the Act;
(xi) "Constituent College" means a college or an institution maintained by the University;
(xii) "DCF" means Dental Council of India;
(xiii) "DEC" means Distant Education Council;
(xiv) "Development Fund" means the Development Fund of the University as explained in Section 42 of the Act;
(xv) "Distance Education System" means the system of imparting education through any means of information technology and communication such as multimedia, broadcasting, telecasting, online over internet, other interactive methods, e-mail, internet, computer, interactive talk-back, e-learning, correspondence course, seminar, contact program or a combination of any two or more of such means;
(xvi) "Endowment Fund" means Endowment fund of the University as explained in Section 40 of the Act;
(xvii) "Employee" means employee appointed by the University, and includes teachers and other staff of the University or of a constituent college;
(xviii) "Faculty" means faculty of the University;
(xix) "Finance Officer" means Finance Officer of the University as explained in Section 17 of the Act;
(xx) "General Fund" means General Fund of the University as explained in Section 41 of the Act;
(xxi) "INC" means Indian Nursing Council;
(xxii) "MCI" means Medical Council of India;
(xxiii) "NCTE" means National Council for Teachers Education;
(xxiv) "Prescribed" means prescribed by the Statutes;
(xxv) "Principal" in relation to a constituent college, means the Head of the constituent college and incudes, where there is no Principal, the Vice-Principal or any other person for the time being appointed to act as Principal;
(xxvi) "Regional Center" means a center established or maintained by the University for the purpose of co-ordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such center by the Board of Management in accordance with the guidelines issued by the UGC;
(xxvii) "Registrar" means Registrar of the University as explained in Section 16 of the Act;
(xxviii) "Rules" means the Rules of the University;
(xxix) "Sponsor" means the ACTS Academy of Higher Education, which is affiliated to ACTS Ministries, Bangalore, India;
(xxx) "State" means the State of Meghalaya;
(xxxi) "State Government" means the State Government of Meghalaya;
(xxxii) "Statutes" means the Statutes of the University;
(xxxiii) "Study Centre" means a center established maintained or recognized by the University for the purpose of advising counselling or for rendering any other assistance including training, conducting contact classes and administering examinations required by the students in accordance with the guidelines issued by the UGC;
(xxxiv) "Teacher" means a Professor, Associate Professor, Assistant Professor/Lecturer or such other persons as may be appointed for imparting instruction or conducting research in the University or in a constituent college or institution and includes the Principal of a constituent college or institution, in conformity with the norms prescribed by the UGC;
(xxxv) "UGC" means the University Grants Commission established under the University Grants Commission Act, 1956;
(xxxvi) "University" means the William Carey University, established under this Act; and
(xxxvii) "Vice-Chancellor" means Vice-Chancellor of the University as explained in Section 14 of the Act;
(xxxviii) "Visitor" means the Visitor of the University as explained in Section 12 of the Act;
Chapter 2
The University and its Objects
---------------------------------------------
### 3. Proposal for the establishment of the University.
(1) The Sponsor shall have the right to establish the University in accordance with the provisions of this Act and the guidelines issued by the UGC.
(2) An application containing the proposal of establish a University shall be made to the State Government by the Sponsor.
(3) The proposal may contain the following particulars, namely-
(a) The objects of the University along with the details of the Sponsor;
(b) The extent and status of the University and the availability of land;
(c) The nature and type of programs of study and research to be undertaken in the University during a period of the next five years;
(d) The nature of faculties courses of study and research proposed to be started;
(e) The campus development such as buildings, equipment and structural amenities;
(f) The phased outlays of capital expenditure for a period of the next five years;
(g) The item-wise recurring expenditure sources of finance and estimated expenditure for each student;
(h) The scheme for mobilizing resources and the cost of capital thereto and the manner of repayments to each source;
(i) The scheme of generation of funds internally through the recovery of fee from students, revenues anticipated from consultancy and other activities relating to the objects of the University and other anticipated incomes;
(j) The details of expenditure on unit cost, the extent of concessions or rebates in fee, freeship and scholarship for students belonging to economically weaker sections and the fee structure indicating varying rate of fee, if any, that would be levied on non-resident Indians and students of other nationalities;
(k) The history and credentials of the sponsor including years of experience and expertise in the concerned discipline at the command of the Sponsor as well as the financial resources;
(l) The system for selection of students to the courses of study at the University;
(m) Status of fulfilment of such other conditions as may be required by the State Government to be fulfilled before the establishment of the University.
(n) Nature and types of its partnership and affiliations; and
(o) Such other conditions as may be required by the State Government to be fulfilled before the establishment of the University.
### 4. Establishment of University.
(1) Where the State Government, after such inquiry as it may deem necessary, is satisfied that the Sponsor has fulfilled the conditions specified in sub-section (2), of Section 3, it may direct the Sponsor, to establish an Endowment Fund in accordance with the guidelines issued by the UGC.
(2) After the establishment of the Endowment Fund, the State Government may, by notification in the Official Gazette, accord sanction for establishment of the University in accordance with the guidelines issued by the UGC.
(3) The headquarters of University shall be at Shillong and it may have campuses or Regional Centres, Study Centres anywhere in India and abroad with prior approval of the UGC, the respective State Governments, the Government of India and the Government of the Host Country as the case may be:
Provided that after the development of the main Campus and after 5 years of its coming into existence the University obtains permission from the UGC to set up such off-Campus Centre(s) and/or Study Centre(s) and/or regional centres and /or off-shore campuses.
(4) The Chancellor, the Vice-Chancellor, members of the Board of Governors, members of the Board of Management and the Academic Council for the time being holding office as such in the University so established, shall constitute a body corporate and can sue and be sued in the name of the University.
(5) On the establishment of the University under sub-section (2), the land and other movable and immovable properties acquired, created, arranged or built by the University for the purpose of the University in the State of Meghalaya shall vest in the University.
(6) The land, building and other properties acquired for the University shall not be used for any purpose, other than that for which the same is acquired.
### 5. University not to be entitled to financial assistance.
- The University shall be self-financing and shall neither make a demand nor shall be entitled to any grant in-aid or any other financial assistance from the State Government or any other body or corporation owned or controlled by the State Government.
### 6. Constituent Colleges and Affiliated Colleges.
(1) The University may have constituent colleges, Regional Centers and Study Centres subject to the conditions specified in Section 4 sub-section 3 and in accordance with the guidelines issued by the UGC.
(2) The University may with the prior approval of the Board of Governors, affiliate any college or other institution in accordance with the guidelines issued by the UGC.
### 7. Objectives of the University.
- The objectives for which the University is established are as follows :
(a) To provide instruction, teaching, training and research in selected fields of professional development and make provisions for research, advancement and dissemination of knowledge therein with focus on the development of North East in general, and Meghalaya in particular;
(b) To establish a campus in the State of Meghalaya, and to have study centers, campuses and examination centers at different places in India and abroad in accordance with the guidelines issued by the UGC;
(c) To offer class room and field oriented campus based programmes in various fields of professional education such as Management, IT, Bio-technology, Education, Environment and other scientific study and research;
(d) To offer programs of study for continuing and through the distance education mode by formal and non-formal methods of international quality;
(e) To institute degrees, diplomas, charters, certificates and other academic distinctions on the basis of examination, or any other method of evaluation in keeping with professional requirements and for recognition of merit ad competence;
(f) To collaborate with other colleges or universities, research institutions, industry associations corporate and business houses, like-minded associations, church bodies, professional associations including the International Council for Higher Education or any other organization, in India or abroad, to conceptualize, design and develop specific educational and research programs, training programs and exchange programs for students, faculty members and others;
(g) To facilitate knowledge and skills through workshops seminars, conferences, short-term and long-term intensive programs, community development programs, publications, and training programs;
(h) To utilize computer managed e-learning facilities for learning through national and international networks;
(i) To undertake programmes for the training and development of faculty members of the University and other institutions in India or abroad;
(j) To undertake collaborative research with any organization in India or abroad;
(k) To create higher levels of intellectual abilities and professional development through Centres, Institutes or Academies to function under the University;
(l) To provide consultancy to individuals, institutions, industry, Government and Non-Government Organizations in areas of professional expertise;
(m) To ensure that the standard of the degrees, diplomas, charters, certificates and other academic distinctions are not lower than those laid down by AICTE/NCTE/UGC/DEC/DCI/MCI/INC and Pharmacy Council;
(n) To encourage writing, researching, publishing and distribution;
(o) To do all things necessary or expedient to promote the above objectives, and
(p) To pursue any other objective as may be approved by the State Government.
### 8. Powers of the University.
- 1. The University shall have the following powers viz. :-
(a) To establish, maintain and recognize such Regional Centres and Study Centres as may be determined by the University from time to time in the manner laid down by the statutes in accordance with the guidelines issued by the UGC;
(b) To carry out all such other activities as may be necessary or feasible in furtherance of the object of the University;
(c) To confer degrees, diplomas, charters, certificates or other academic distinctions and professional designations in the manner and under conditions laid down in the Statutes;
(d) To institute and award fellowships scholarships and prizes etc. in accordance with the Statutes;
(e) To demand and receive such fees, bills, invoices and collect charges as may be fixed by the Statutes or rules, as the case may be;
(f) To make and terminate appointments of the faculty, officers and employees of the University or a constituent college, affiliated colleges, Regional Centres, Study Centres located in India and abroad in accordance with the guidelines issued by the UGC;
(g) To receive donations and gifts of any kind and to acquire, hold, manage, maintain and dispose of any movable or immovable property including trust and endowment properties for the purpose of the University or a constituent college, or a Regional Centre, Study Centre in accordance with the guidelines, issued by the UGC;
(h) To accept students from all sections of the community regardless of caste, race or creed;
(i) To ensure that the land, building and other properties acquired for the University shall not be used for any purpose, other than that for which the same is acquired;
(j) To co-operate and collaborate with other Universities and Institutions in such a manner and for such purposes as the University may determining from time to time;
(k) To offer programs on distance learning basis and continuing education and the manner in which such programs are offered by the University;
(l) To make special provision for students belonging to the State of Meghalaya for admission in any course of the University or in a constituent college, affiliated college, regional centre or study centre;
(m) To do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University;
(n) To recognize examinations or periods of study (whether in full or in part) of other Universities, institutions or other places of Higher learning as equivalent to examinations or period of study in the University and to withdraw such recognition at any time; and
(o) To manage all properties, movable and immovable and land acquired, created, arranged or built by the University for the purpose of the University in the State of Meghalaya which shall vest in the University and to ensure that such land, building and other properties acquired for the University shall not be used for any purpose, other than that for which the same is acquired.
### 9. University open to all classes, castes, creed, religion language and gender.
- The University shall be open to all persons irrespective of class, caste, creed religion, language or gender :
Provided that nothing in this section shall be deemed to require the University from making special provisions for admission to students of the State.
### 10. National Accreditation.
- The University will seek accreditation from respective national accreditation bodies.
Chapter 3
Officers of the University
-----------------------------------------
### 11. Officers of the University.
- The following shall be the officers of the University :
(a) The Chancellor;
(b) The Vice-Chancellor;
(c) The Registrar;
(d) The Finance Officer; and
(e) Such other offices as may be declared by the Statutes to be officers of the University.
### 12. The Visitor.
(1) The Governor of Meghalaya will be the Visitor of the University.
(2) The Visitor shall, when present preside at the convocation of the University' for conferring Degrees, Diplomas, Charters, Designations and Certificates.
(3) The Visitor shall have the following powers namely-
(a) To call for any paper or information relating to the affairs of the University, and
(b) On the basis of the information received by the Visitor, if he is satisfied that any order, proceeding, or decision taken by any authority of the University is not in conformity with the Act, Regulations or Rules, he may issue such directions as he may deem fit in the interest of the University and the directions so issued shall be complied with by all concerned.
### 13. The Chancellor.
(1) The Sponsor shall, with the prior approval of the Visitor, appoint a person suitable to be appointed as the Chancellor of the University.
(2) The Chancellor so appointed shall hold the office for a period of five years.
(3) The Chancellor shall be the head of the University.
(4) The Chancellor shall preside at the meeting of the Board of Governors and shall, when the Visitor is not present, preside at the convocation of the University for conferring degrees, diplomas, Charters, Designations or Certificates.
(5) The Chancellor shall have the following powers namely :-
(a) To call for any information or record relating the affairs of the University;
(b) To appoint the Vice-Chancellor;
(c) To remove the Vice-Chancellor;
(d) To issue such directions as he deem fit in the interest of the University and the directions so issued shall be complied with by all concerned; and
(e) Such other powers as may be conferred on him by this Act or the Statutes made thereunder.
### 14. The Vice-Chancellor.
(1) The Vice-Chancellor shall be appointed on such terms and conditions as may be prescribed by the statutes for a term of four years by the Chancellor.
(2) The Vice-Chancellor shall be appointed by the Chancellor from a panel of three persons recommended by the Board of Governors and shall hold office for a term of four years. Provided that, after explanation of the term of four years, the Vice-Chancellor shall be eligible for a re-appointment for another term not exceeding four years.
(3) The Vice-Chancellor shall be the Principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University.
(4) If in the opinion of the Vice-Chancellor it is necessary to take immediate action on any matter for which powers are conferred on any other authority by or under this Act, he may take such action as he deemed necessary and shall at the earliest opportunity thereafter report his action to such officers or authority as would have in the ordinary course dealt with the matter:
Provided that if in the opinion of the concerned authority such action should not have been taken by the Vice-Chancellor, then such case shall be referred to the Chancellor, whose decision thereon shall be final:
Provided further that where any such action taken by the Vice-Chancellor affects any person in the service of the University, such person shall be entitled to prefer, within three months from the date on which such action is communicated to him, an appeal to the Board of Governors and the Board of Governors may confirm or modify or reverse the action taken by the Vice-Chancellor.
(5) If in the opinion of the Vice-Chancellor any decision of any authority of the University is outside the powers conferred by this Act, Statutes or is likely to be prejudicial to the interest of the University, he shall request the concerned authority to revise its decision within seven days from the date of his decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within seven days, then such matter shall be referred to the Chancellor and his decision thereon shall be final.
(6) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be laid down by the Statutes or the Rules.
(7) The Vice-Chancellor shall preside at the convocation of the University in the absence of both, the Visitor and the Chancellor, for conferring degrees, diplomas, Charters, Designations or Certificates.
(8) The Chancellor is empowered to remove the Vice-Chancellor after due enquiry. It will be open to the Chancellor to suspend the Vice-Chancellor during enquiry depending upon the seriousness of the charges, as he may deem fit.
### 15. Deans of Faculties.
- Deans of faculties shall be appointed by the Vice-Chancellor in such manner and shall exercise such powers and perform such duties as may be prescribed by Statutes.
### 16. The Registrar.
(1) The appointment of the Registrar shall be made in such manner as may be prescribed by the Statutes.
(2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University.
(3) The Registrar shall exercise such other powers and perform such other duties as may be prescribed or may be required from time to time, by the Board of Governors.
(4) The Registrar shall be responsible for the due custody of the records and the common seal of the University and shall be bound to place before the Chancellor, the Vice-Chancellor or any other authority, all such information and documents as may be necessary for transaction of their business.
(5) The Registrar shall exercise such other powers and perform such other duties as may be prescribed by the Statutes and authorized by the Vice-Chancellor.
### 17. The Finance Officer.
- The Finance Officer shall be appointed by the Board of Governors in such manner and shall exercise such powers and perform such duties as may be prescribed.
### 18. Other Officers.
- The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be such as may be prescribed in accordance with the guidelines issued by the UGC.
Chapter 4
Authorities of the University
--------------------------------------------
### 19. Authorities of the University.
- The following shall be the authorities of the University, namely-
(a) The Board of Governors;
(b) The Board of Management;
(c) The Academic Council;
(d) The Finance Committee; and
(e) Such other authorities as may be declared by the Statutes to be the authorities of the University.
### 20. The Board of Governors and its powers.
(1) The Board of Governors shall consist of the following-
(a) The Chancellor;
(b) The Vice-Chancellor;
(c) Three persons nominated by the Sponsor;
(d) One representative of the State Government;
(e) An educationist of repute to be nominated by the State Government;
(f) One person of repute from the State to be nominated by the sponsor;
(2) The Chancellor shall be the Chairman of the Board of Governors.
(3) The Registrar shall be an ex-officio Secretary of the Board of Governors.
(4) The Board of Governors shall be the supreme authority and principal governing body of the University and shall have the following powers, namely-
(a) To appoint the Statutory Auditors of the University;
(b) To lay down policies to be pursued by the University;
(c) To review decisions of the other authorities of the University if they are not in conformity with the provisions of this Act, or the Statutes or the Rules;
(d) To approve the budget and annual report of the University;
(e) To make new or additional Statutes and Rules or amend or repeal the earlier Statutes and Rules;
(f) To take decision about voluntary winding up of the University;
(g) To approve proposals for submission to the State Government; and
(h) To take such decisions and steps as are found desirable for effectively carrying out the objects of the University;
(5) The Board of Governors shall, meet at least twice in a calendar year at such time and place as the Chancellor thinks fit.
### 21. The Board of Management.
(1) The Board of Management shall consist of-
(a) The Vice-Chancellor;
(b) The Registrar;
(c) Three persons, nominated by the Sponsor;
(d) Two Deans of the faculties as nominated by the Chancellor;
(e) One representative to be nominated by the State Government;
(f) One person of repute from the State to be nominated by the sponsor;
(2) The Vice-Chancellor shall be the Chairperson of the Board of Management and the Registrar shall be the Secretary of the Board of Management.
(3) The powers and functions of the Board of Management shall be such as may be prescribed.
### 22. The Academic Council.
(1) The Academic Council shall consist of :
(a) The Vice-Chancellor-Chairman
(b) The Registrar-Secretary
(c) Such other members as may be prescribed in the Statutes.
(2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Rules, co-ordinate and exercise general supervision over the academic polices of the University.
### 23. The Finance Committee.
(1) The Finance committee shall consist of:
(a) The Vice-Chancellor-Chairman
(b) The Registrar-Secretary
(c) The Finance Officer
(d) Such other members as may be prescribed in the Statutes.
(2) The Finance Committee shall be the principal financial body of the University to take care of financial matters and shall, subject to the provisions of this Act, the Statutes and the Rules, co-ordinate and exercise general supervision over the financial matters of the University.
### 24. Other Authorities.
- The Constitution, powers and functions of the other authorities of the University shall be such as may be prescribed.
### 25. Proceedings not invalidated on account of vacancy.
- No act or proceeding of any authority of the University shall be invalid merely by reason of the existence of any vacancy or defect in the constitution of the authority.
Chapter 5
Statutes and Rules
---------------------------------
### 26. Statutes.
- Subject to the provisions of this Act, the Statutes may provide for any matter relating to the University and staff, as given below-
(a) The constitution, powers and functions of the authorities and other bodies of the University not specified in the Act, as may be constituted from time to time;
(b) The operation of the endowment fund, the general fund and the development fund;
(c) The terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions;
(d) The mode of recruitment and the conditions of service of the other officers, teachers and employees of the University;
(e) The procedure for resolving disputes between the University and its officers, faculty members, employees and students;
(f) Creation, abolition or restructuring of departments and faculties;
(g) The manner of co-operation with other Universities or institutions of higher learning;
(h) The procedure for conferment of honorary degrees;
(i) Provisions regarding grant of freeships and scholarships;
(j) Number of seats in different courses of studies and the procedure of admission of students to such courses;
(k) The fee chargeable from students for various courses of studies;
(l) Institution of fellowships, scholarships, studentships, freeships medals and prizes;
(m) Procedure for creation and abolition of posts; and
(n) Other matters which may be prescribed.
### 27. Statutes how made.
(1) The first Statutes framed by the Board of Governors shall be submitted to the State Government for its approval, which may, within three months from the date of receipt of the Statutes give its approval with or without modifications.
(2) Where the State Government fails to take any decision with respect to the approval of the Statutes within the period specified under sub-section (1) it shall be deemed to have been approved by the State Government.
### 28. Power to amend the Statutes.
- The Board of Governors may, with the prior approval of the State Government, make new or additional Statutes or amend or repeal the Statutes.
### 29. Rules.
- Subject to the provisions of this Act, the Rules may provide for all or any of the following matters, namely-
(a) Admission of students to the University and their enrolment and continuance as such;
(b) The courses of study to be laid down for all Degrees, Diplomas, Certificates, Charters and other academic distinctions of the University;
(c) The award of Degrees, Diploma, Charters, Certificates and other academic distinctions of the University;
(d) Creation of new authorities of the University;
(e) Accounting policy and financial procedure;
(f) The conditions of the award of fellowships, scholarships, studentships medals and prizes;
(g) The conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners, invigilators, tabulators and moderators;
(h) The fee to be charged for admission to the examinations, Degrees, Diplomas, Certificates, Charters and other academic distinctions of the University;
(i) Revision of fees;
(j) Alteration of number of seats in different courses and programs.
(k) The conditions of residence of the students at the University or a constituent college or affiliated college; and
(l) Maintenance of discipline among the students of the University or a constituent college or affiliated college;
(m) All other matters as may be provided in the Statutes and Rules under the Act.
### 30. Rules how made.
(1) The Rules shall be made by the Board of Governors and the Rules so made shall be submitted to the State Government for its approval, which may, within two months from the date of receipt of the Rules, give its approval with or without modification.
(2) Where the State Government fails to take any decision with respect to the approval of the Rules within the period specified under sub-section (1), it shall be deemed to have been approved by the State Government.
### 31. Power to amend Rules.
- The Board of Governor may, make new or additional Rules or amend or repeal the Rules.
Chapter 6
Miscellaneous
----------------------------
### 32. Conditions of service of employees.
(1) Every employee shall be appointed under a written contract, which shall be kept in the University and a copy of which shall be furnished to the employee concerned.
(2) Disciplinary action against the students/employees shall be governed by procedure prescribed in the Statutes.
### 33. Right to appeal.
- Every employee or student of the University or of a constituent college, shall notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed, to the Board of Management against the decision of any officer or authority of the University or of the Principal of any such college, and thereupon the Board of Management may confirm, modify or change the decision appealed against.
### 34. Provident fund and pension.
- The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed.
### 35. Disputes as to Constitution of University authorities and bodies.
- If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.
### 36. Constitution of committees.
- Any authority of the University mentioned in Section 19 will be empowered to constitute a committee of such authority, consisting of such members as such authority may deem fit, and having such powers as the authority may deem fit.
### 37. Filling of casual vacancies.
- Any casual vacancy among the members, other than ex-officio members, of any authority or body of the University shall be filled in the same manner in which the member whose vacancy is to be filled up, was chosen, and the person filling the vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he/she fills would have been a member.
### 38. Protection of action taken in good faith.
- No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statutes or the Rules.
### 39. Transitional provisions.
- Notwithstanding anything contained in any other provisions of this Act and the Statutes-
(a) The first Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of three years;
(b) The first Registrar and the first Finance Officer shall be appointed by the Chancellor who shall hold office for a term of three years;
(c) The first Board of Governors shall hold office for a term not exceeding three years; and
(d) The first Board of Management the first Finance Committee and the first Academic Council shall be constituted by the Chancellor for a term of three years.
### 40. Endowment Fund.
(1) The University shall establish an endowment fund of at least Rupees one crore.
(2) The University shall have power to invest the endowment fund in such manner as may be prescribed.
(3) The University may transfer any amount from the general fund or the development fund to the endowment fund. Excepting in the dissolution of the University, in no other circumstances can any monies be transferred from the endowment fund for other purposes.
(4) Not exceeding 75% of the incomes received from the endowment fund shall be used for the purposes of development works of the University. The remaining 25% shall be reinvested into the endowment fund.
### 41. General Fund.
(1) The University shall establish a general fund to which the following amount shall be credited, namely-
(a) All fees which may be charged by the University;
(b) All sums received from any other source;
(c) All contributions made by the Sponsor; and
(d) All contributions/donations made in this behalf by any other person or body, which are not prohibited by any law for the time being in force.
(2) The funds credited to the general fund shall be applied to meet the following payments-
(a) The repayment of debts including interest charges thereto incurred by the University for the purposes of this act and the Statutes, and the and Rules made thereunder;
(b) The upkeep of the assets of the University;
(c) The payment of the cost of audit of the fund created under Section 41.
(d) Meeting the expenses of any suit or proceedings to which University is a party;
(e) The payment of salaries and allowances of the officers and employees of the University, members of the teaching and research staff, and p payment of any provident Fund contributions gratuity and other benefits to any such officers and employees, members of the teaching and research staff;
(f) The payment of travelling and other allowances of the members of the Board of Governors, the Board of Management, Academic Council and other authroities so declared under the Statutes of the University and of the members of any Committee or Board appointed by any of the authorites of the University in pursuance of any provision of this Act or the Statutes, or the Rules made thereunder;
(g) The payment of fellowships freeships scholarships assistantships and other awards to students, research associates or trainees eligible for such awards under the Statues, or Rules of the University under the provisions of this Act.
(h) The payment of any expenses incurred by the University in carrying out the provisions of this Act and the Statutes or the Rules made thereunder;
(i) The payment of cost of capital, not exceeding the prevailing bank rate of interest, incurred by the Sponsor for setting up the University and the investments made thereof;
(j) The payment of charges and expenditure relating to the consultancy work undertaken by the Government servants in pursuance of the provisions of this Act and the Statutes and the Rules made there under;
(k) The payment of any other expenses including a management fee payable to any organization charged with the responsibility of managing the University on behalf of the sponsoring body, as approved by the Board of Management to be an expenses for the purposes of the University.
(l) Provided that no expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total non-recurring expenditure fore the year as may be fixed by the Board of Management without the previous approval of the Board of Management.
(m) Provided further that the General fund shall be applied for the objects specified under sub-section (2) with the prior approval of the board of Management of the University.
### 42. Development fund.
(1) The University shall also establish a development fund to which the following funds shall be credited, namely :
(a) Development fees which may be charged from students;
(b) All sums received from any other source for the purposes of the development of the University;
(c) All contributions made by the Sponsor;
(d) All contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and
(e) All incomes received from the endowment fund.
(2) The funds credited to the development fund from time to time shall be utilized for the development of the University.
### 43. Maintenance of fund.
- The funds established under Sections 40, 41 and 42 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed.
### 44. Annual Report.
(1) The annual report of the University shall be prepared under the direction of the Board of Management and shall be submitted e Board of Governors for its approval.
(2) The Board of Governors shall consider the annual report, in its meeting and may approve the same with or without modification;
(3) A copy of the annual report duly approved by the Board of Governors shall be sent to Visitor and the State Government on or before December, 31 following close of the financial year in March 31 each year.
### 45. Account and audit.
(1) The annual accounts and Balance-Sheet of the University shall be prepared under the direction of the Board of Management and all funds accruing to or received by the University from whatever source and all amount disbursed or paid shall be entered in the accounts maintained by the University.
(2) The annual accounts of the University shall be audited by a chartered accountant, who is a member of the Institute of Chartered Accountants of India every year.
(3) A copy of the annual accounts and the Balance-Sheet together with the audit report shall be submitted to the Board of Governors on or before December, 31 following close of the financial year in March 31 each year.
(4) The annual accounts, the Balance-Sheet and the audit report shall be considered by the Board of Governors at its meeting and the Board of Governors shall forward the same to the Visitor and the State Government along with its observations thereon on or before December 31 each year.
(5) In the event of any material qualifications in the Report of the Auditors, the State Government may issue directions to the University, and such directions shall be binding on the University.
### 46. Mode of proof of University record.
- A copy of any receipt application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced, have been admissible in evidence.
### 47. Dissolution of University.
(1) If the Sponsor proposes dissolution of the University in accordance with the law governing its constitution or incorporation it shall give at least three months notice in writing to the State Government.
(2) On identification of mismanagement mal-administration, in-discipline failure in the accomplishment of the objects of University and economic hardships in the management systems of University, the State Government would issue directions to the management system of University. If the direction are not followed within such time as may be prescribed, the right to take decision for winding up of the University would vest in the State Government.
(3) The manner of winding up of the University would be such as may be prescribed by the State Government in this behalf. Provided that no such action will be initiated without affording a reasonable opportunity to show cause to the Sponsor.
(4) On receipt of the notice referred to in sub-section (1), the State Government shall, in consultation with the AICTE and UGC make such arrangements for administration of the University from the proposed dated of dissolution of the University by the Sponsor and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be prescribed by the Statutes.
### 48. Expenditure of the University during dissolution.
(1) The expenditure for administration of the University during the taking over period of its management under Section 47 shall be met out of the endowment fund, the general fund or the development fund.
(2) If the funds referred to sub-section (1) are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or assets of the University, by the State Government.
### 49. Laying of Statutes and Rules.
- Every Statute or Rule made under this Act shall be laid, as soon as may be after it is made, on the table of the Legislative Assembly.
### 50. Removal of difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act the State Government may, by a notification or order, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty :
Provided that no notification order under sub-section (1) shall be made after the expiration of a period of three years from the commencement of this Act.
(2) Every order made under sub-section (1) shall as soon as may be after it is made, be laid before the State legislature.
### 51. University to be subject to Standards of UGC.
- Notwithstanding anything contained in this Act, the establishment maintenance of standards any any other matter concerning Private Universities established under this Act shall be subject to the UGC (Establishment and maintenance of Standards in Private Universities) Regulation 2003 as amended from time to time and any other Regulation or direction as may be issued by the UGC from time to time.
|
65b9dff8ab84c7eca86ea288 | acts |
State of Assam - Act
----------------------
The Assam Cement Control Act, 1953
------------------------------------
ASSAM
India
The Assam Cement Control Act, 1953
====================================
Act 7 of 1953
---------------
* Published on 18 April 1953
* Commenced on 18 April 1953
The Assam Cement Control Act, 1953
(Assam Act
7 of 1953
)
Last Updated 10th February, 2020
Published in the Assam Gazette, Extraordinary, dated the 18th April, 1953.
An Act to confer powers to control the supply and distribution of, and trade and commerce, in cement in Assam
Preamble, Whereas it is expedient to confer powers to control the supply and distribution of, and trade and commerce in, cement in Assam;
And whereas the sanction of the President as required under Article 304 of the Constitution of India has been obtained :
It is hereby enacted as follows :
### 1. Short title, extent and commencement.
(1) This Act may be called the Assam Cement Control Act, 1953.
(2) It extends to the whole of Assam.
(3) It shall come into force on the date on which the Assam Cement Control Ordinance, 1953 (Ordinance No. II of 1952) ceases to operate.
### 2. Definition.
- In this Act unless there is anything repugnant in the subject or context, "Cement" includes Portland Cement, any other cementitious product manufactured by inter-grinding or inter-mixing Portland Cement as defined in the Indian Standard Specification Act of 1951, with any active or intermaterial, white and coloured cements, high aluminia cements, and any product manufactured by direct mixing of some or all oxides constituting normal Portland Cement.
### 3. Power to control supply, distribution, etc. of cement.
(1) The State Government, so far as it appears to it to be necessary or expedient for maintaining or increasing the supply of cement or for securing its equitable distribution and availability at fair prices, may, by order in the official Gazette, provide for regulating or prohibiting the supply and distribution thereof and trade and commerce therein within Assam :
Provided, however, that any order issued under this clause shall be subject to such instruction as may be issued by the Central Government under Section 16 of the Industries (Development and Regulation) Act, 1951 (Act LXV of 1951).
(2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide-
(a) for regulating or controlling the prices at which cement may be purchased or sold and for prescribing the conditions of sale thereof;
(b) for regulating by licences, permits, or otherwise the storage, transport, movement, possession, distribution, disposal, acquisition, use or consumption of cement;
(c) for prohibiting the withholding from sale of cement ordinarily kept for sale :
(d) for requiring any person holding stock of cement to sell the whole or specified part of the stock at such prices and to such persons or classes of persons or in such circumstances, as may be specified in the order;
(e) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters ;
(f) for requiring persons engaged in the supply or distribution of, or trade or commerce in cement, to maintain and produce for inspection of such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; and
(g) for any incidental and supplementary matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorised to make such search of cement in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits, or other documents, and the charging of fees therefor.
(3) When any cement is seized under the authority of any order made under sub-section (1), the person seizing the cement shall make a report of such seizure to a Magistrate who may give such directions as to its temporary custody as he thinks fit:
Provided, however, that where no prosecution is instituted for contravention of the order in respect of the cement seized within a period in his opinion reasonable, the Magistrate shall direct its return to the person from whom it was seized ; and the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), shall so far as they may be applicable, apply to any search or seizure under any such orders as they apply to any search or seizure under Chapter VII of that Code.
### 4. Delegation of powers.
- The State Government may, by order in the official Gazette, direct that the power to make orders under Section 3 shall in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by such officer or authority subordinate to the State Government as may be specified in the direction.
### 5. Effect of orders inconsistent with other enactments.
- Any order made under Section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.
### 6. Penalties.
- If any person contravenes any order made under Section 3, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both ; and if, the order so provides, any Court, trying such contravention, may direct that any property in respect of which the Court is satisfied that the order has been contravened shall be forfeited to the Government. i
### 7. Attempts and abatements.
- Any person who attempts to contravene or abets a contravention of any order made under Section 3 shall be deemed to have contravened that order.
### 8. Offences by corporations etc.
- If the person contravening an order made under Section 3 is a company or other body corporate or association of persons whether incorporated or not, every Director, Manager, Secretary or other officer or Agent thereof shall, unless the 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.
### 9. False statement.
- If any person-
(i) when required by any order made under Section 3 to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or
(ii) makes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish ,
he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
### 10. Cognizance of offences.
- No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offences made by a person who is a public servant as defined in Section 21 of the Indian Penal Code (Act XLV of 1860).
### 11. Power to try offences summarily.
- Any Magistrate or Bench of Magistrates empowered for the time being to try in a summary way the offences specified in sub-section (a) of Section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898), may, on application in this behalf being made by the prosecution, try in accordance with the provision contained in Sections 262 to 265 of the said Code any offence punishable under this Act.
### 12. Special provision regarding fines.
- Notwithstanding anything contained in Section 32 of the Code of Criminal Procedure, 1898 (Act V of 1898), it shall be lawful for any Magistrate of the first class special empowered by the State Government in this behalf to pass a sentence of fine exceeding one thousand rupees on any person convicted of contravention an order made under Section 3.
### 13. Savings.
- No order made in exercise of any power conferred by or under this Act shall be called in question in any Court.
### 14. Protection of action taken under the Act.
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made under Section 3.
(2) No suit or other legal proceeding shall lie against the Government for any damages 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 3.
### 15. Power to exempt certain varieties of cement.
- The State Government may, by notification in the official Gazette, exempt any variety of cement from all or any of the provisions of this Act.
### 16. Continuance of action taken under Assam Cement Control Act, 1949.
- Any order made or direction issued under Section 3 or 4 of the Assam Cement Control Act, 1949 (Act XI of 1949), or under Section 3 or 4 of the Assam Cement Control Ordinance, 1952, which is in force immediately before the commencement of this Act shall be deemed to have been made or issued under the provisions of this Act and continue to be in force so far as they are not inconsistent with the provisions of this Act until repealed or altered.
### 17. Savings.
- On the expiration of this Act, such expiration shall not-
(a) affect any penalty or punishment incurred in respect of any offences committed under this Act before its expiration ; or
(b) affect any investigation, legal proceeding or remedy in respect of any such penalty or punishment at aforesaid ; any such investigation, legal proceeding or remedy may be substituted, continued or enforced and any such penalty or punishment may be imposed as if this Act had not expired.
Application of the Act in Nagaland
The Assam Cement Control Act, 1953 has been adopted by the State of Nagaland. In exercise of the powers conferred by Clause (a) of sub-paragraph (1) of paragraph 12 of the Sixth Schedule to the Constitution of India, the Governor of Assam was pleased to direct that the Assam Cement Control Act, 1953 shall apply to the Districts of Kohima and Mokokchung in the State of Nagaland
Accordingly, sub-section (2) of Section 1 was amended as follows :
"(2) It extends to the Districts of Kohima and Mokokchung in the State of Nagaland."
In sub-section (1) of Section 3, the word "Assam" was deleted and substituted by the words "Kohima and Mokokchung Districts."
|
65ba7d7eab84c7eca86eba90 | acts |
Union of India - Act
----------------------
The National Tiger Conservation Authority (Recruitment and Conditions of Service of Officers and other Employees) Rules, 2007
-------------------------------------------------------------------------------------------------------------------------------
UNION OF INDIA
India
The National Tiger Conservation Authority (Recruitment and Conditions of Service of Officers and other Employees) Rules, 2007
===============================================================================================================================
Rule THE-NATIONAL-TIGER-CONSERVATION-AUTHORITY-RECRUITMENT-AND-CONDITIONS-OF-SERVICE-OF-OFFICERS-AND-OTHER-EMPLOYEES-RULES-2007 of 2007
-----------------------------------------------------------------------------------------------------------------------------------------
* Published on 28 September 2007
* Commenced on 28 September 2007
The National Tiger Conservation Authority (Recruitment and Conditions of Service of Officers and other Employees) Rules, 2007
Published vide Notification No. G.S.R. 635(E) , dated 28th September 2007
Ministry of Environment and Forests
G.S.R. 635(E) . - In exercise of the powers conferred by clause (giii) of section 63 read with sub-section (2) of section 38N of the Wildlife (Protection) Act, 1972 (
53 of 1972
), the Central Government hereby makes the following rules regulating the method of recruitment and conditions of service of the officers and other employees of the National Tiger Conservation Authority, namely :-
### 1. Short title and commencement.
(1) These rules may be called the National Tiger Conservation Authority (Recruitment and Conditions of Service of Officers and other Employees) Rules, 2007.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Application.
- These rules shall apply to the posts specified in column (1) of the Schedule annexed to these rules.
### 3. Number of posts, classification and scale of pay.
- The number of the said posts their classification and the scale of pay attached thereto shall be as specified in columns (2) to (4) of the said Schedule.
### 4. Method of recruitment, age-limit and other qualification, etc.
- The method of recruitment to the said posts, age-limit, qualifications and other matters relating thereto shall be as specified in column (5) to (14) of the Schedule aforesaid.
### 5. Initial constitution.
(1) Officers holding posts in the Project Tiger under the Ministry of Environment and Forests, immediately before commencement of these rules on a regular basis, shall be deemed to have been appointed in accordance with the provisions of these rules.
(2) The regular and continuous service of officers referred in sub-rule (1) in the respective grades immediately before probation period, qualifying service for promotion, confirmation and pension in the service.
Provided that eligibility length of service for promotions to those appointed directly before commencement of these rules shall count from the date of entry.
### 6. Conditions of Service.
- The conditions of service of the officers and other employees of the National Tiger Conservation Authority in matters of Pay, Allowances, Leave, Provident Fund, age of superannuation, pension and other retirement benefits, medical facilities and other conditions of service, shall be regulated in accordance with such rules and regulations as are for the time being applicable to officer and employees to Group A, Group B, Group C, Group D, as the case may be of the corresponding scales of pay stationed at those places.
### 7. Disqualification.
- No person, -
(a) who has entered into or contracted a marriage with a person having a spouse living; or
(b) who, having a spouse living, has entered into or contracted a marriage with any person,
shall be eligible for appointment to the said posts.
Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.
### 8. Power to relax.
- Where the National Tiger Conservation Authority is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing and in consultation with the Ministry of Environment and Forests, relax any of the provisions of these rules with respect to any class or category of persons.
### 9. Saving.
- Nothing in these rules shall affect reservations, relaxation of age-limit and other concessions required to be provided for the Scheduled Castes the Scheduled Tribes and other Backward Classes, the ex-servicemen and other special categories of person in accordance with the orders issued by the Central Government from time to time in this regard.
Schedule
----------
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Name of posts
|
Number of posts
|
Classification
|
Sale of pay
|
Whether selection post or non-selection post
|
Age limit fordirect recruits
|
Whether benefit of added years of service
admissible under rule 30 of the Central Civil Services (Pension) Rules, 1972
|
Educational and other qualifications required for direct
recruits
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
1. Joint Director/Deputy Inspector General of Forests
|
1\*(2007) Subject to variation depend on workload
|
Group 'A'
|
Rs. 16400-450-20000
|
Not applicable
|
Not applicable
|
Not applicable
|
Not applicable
|
|
Whether age and educational qualifications prescribed for
direct recruits will apply in the case of promotees
|
Person of probation if any
|
Method of recruitment; whether by direct recruitment or by
promotion or by deputation /absorption and percentage of the
vacancies to be filled by various methods
|
In case of recruitment by promotion /deputation grade from
which promotion/deputation to be made
|
If a Departmental promotion committee exists what is its
composition
|
Circumstances in which Union Public Service Commissionis
to be consulted in making recruitment.
|
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Not applicable
|
By deputation :
|
By deputation :Officer of the Indian Forest Service
under the Central/State Governments/Statutory or Autonomous
Bodies
(a) (i) holding analogous post on
regular basis;
or
(ii) holding posts in the scale of
pay of Rs. 12000-18000 or equivalent with six year's regular
service in the grade and
(b) having at least five years of
experience in a tiger reserve of protected area.
Note 1. Period of
deputation including period of deputation in another ex-cadre
post held immediately preceding this appointment in the same or
other organisation/department of the Central Government shall
ordinarily not exceed three years.Note 2.The
maximum age limit for appointment on deputation shall be, not
exceeding 56 years a on the closing date of receipt of
applications.
|
Not applicable
|
Not applicable
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
2.Assistant Inspector General of Forests
|
1\*(2007) Subject to variation depend on workload.
|
Group 'A'
|
Rs. 12000-375-18000
|
Not applicable
|
Not applicable
|
Not applicable
|
Not applicable
|
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Not applicable
|
By deputation
|
By deputation : Officer of the Indian Forest Service under the
Central/State Governments/Statutory or Autonomous Bodies
(a) (i) holding analogous post on
regular basis; or
(ii) holding posts in the scale of
pay of Rs.10000-15200 or equivalent with five year's regular
service in the grade; and
(b) having at least five years
field experience in wildlife management.
Note 1.period of deputation including period of
deputation in another ex-cadre post held immediately preceding
this appointment in the same or other organisation/department of
the Central Government shall ordinarily not exceed three years.
Note 2. The maximum age limit for appointment on
deputation shall be not exceeding 56 years as on the closing date
of receipt of application.
|
Not applicable
|
Not applicable
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
3.Wildlife Biologist
|
1\*(2007) Subject to variation depend on workload
|
Group 'A'
|
Rs. 12000-375-16500
|
Not applicable
|
35 years (Relaxable for Government Servants/Employees of
Autonomous Organizations under the Central Government upto 40
years in the case of general candidate and upto 45 years in the
case of candidates belonging to the Schedule Castes or Scheduled
Tribes in accordance with the instructions or 0rders issued by
the Central Government from time to time)
Note.The crucial date for determining the age limit
shall be the closing date for receipt of applications from
candidates in India (and not the closing date prescribed for
those in Assam, Meghalaya, Arunchal Pradesh, Mizoram,Manipur,
Nagaland, Tripura, Sikkim, Ladakh Division of Jammu and Kashmir
State, Lahaul and Spiti District and Pangi sub-division of Chamba
District of Himachal Pradesh, Union Terriotory of Andaman and
Nicobar Islands or the Union Territory of Lakshadweep)
|
Not applicable
|
Doctoral Degree in Wildlife Science or Life Sciences from a
recognised University or equivalent with at least five years
experience in the filed of wildlife science
|
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Two years
|
By direct recruitment
Note.Vacancies caused by the incumbent being away on
deputation or long illness or leave or under other circumstances
for a period of one year or more, may be filled up on deputation
from officials of the Central/State Government/Public Sector
Undertakings/Autonomous Bodies holding similar posts on regular
basis and possessing the qualification prescribed for direct
recruits.
|
Not applicable
|
Group 'A' Department Promotion Committee (for considering
confirmation)
1. Additional Director General of Forests (Wildlife) -
Chairman
2. Member Secretary, National Tiger Conservation Authority
Member
3. An officer belonging to scheduled Castes/Scheduled Tribes
-Member
4. Joint Director National Tiger Conservation Authority-Member
5. Finance Officer National Tiger Conservation Authority
Member
|
Not applicable
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
4.Geographical Information System Technician
|
2\*(2007) Subject to variation depend on workload
|
Group 'A'
|
Rs. 10000-325-15200
|
Not applicable
|
35 years (Relaxable for Government Servants/Employees of
Autonomous Organizations under the Central Government upto 40
years in the case of general candidate and upto 45 years in the
case of candidates belonging to the scheduled castes or scheduled
tribes in accordance with the instructions or orders issued by
the Central Government from time to time)
Note.The crucial date for determining the age limit
shall be the closing date for receipt of applications from
candidates in India (and not the closing date prescribed for
those in Assam, Meghalaya, Arunachal Pradesh, Mizoram, Manipur
Nagaland, Tripura Sikkim Ladakh Division of Jammu and Kashmir
State, Lahaul and Spiti District and pangi sub-division of chamba
district of Himachal Pradesh, the Union Territory of Andaman and
Nicobar islands or the union territory of Lakshadweep.
|
Not applicable
|
Three year diploma in civil Engireering or Architecture from a
recognised University or Institute or equivalent with at least
five years experience in Geographical Information system with
|
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Two years
|
By direct recruitment
Note.Vacancies caused by the incumbent being away on
deputation or long illness or leave or under other circumstances
for a period of one year or more, may be filled up on deputation
from officials of the Central/State Government/Public Sector
Undertakings/Autonomous Bodies holding similar posts in regular
basis and possessing the qualification prescribed for direct
recruits.
|
Not applicable
|
Group 'A' Department Promotion Committee (for considering
confirmation
1.Additional Director General or Forests (Wildlife) -Chairman
2. Member Secretary, National Tiger Conservation Authority
-Member
3. An officer belonging to Schedule Castes/Schedule Tribes
-Member
4. Joint Director, National Tiger Conservation
Authority-Member
5. Finance Officer, National Tiger Conservation
Authority-Member
|
Not applicable
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
5.Finance Officer
|
1\*(2007) Subject to variation depend on workload
|
Group"B"
|
Rs. 8000-275-13500
|
Not applicable
|
Not applicable
|
Not applicable
|
Not applicable
|
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Not applicable
|
By deputation
(a) (i) holding analogous posts ;
or
(ii) holding post in the scale of
pay Rs. 6500-10500 or equivalent with eight years of regular
service in the grade; and
|
Deputation
Officers of the Audit and Account service, Railway Account
service
Note1.period of deputation including period of
deputation in another ex-cadre post held immediately preceding
this appointment in the same or other organisation/department of
the Central Government shall ordinarily not exceed five years
Note 2.The maximum age limit for appointment on
deputation shall be not exceeding 56 years as on the closing
dated of receipt of applications.
|
Not applicable
|
Not applicable
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
6. Resgistrar
|
1\*(2007) subject to variation depend on workload
|
Group 'B'
|
Rs. 7500-250-12000
|
Not applicable
|
Not applicable
|
Not applicable
|
Not applicable
|
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Not applicable
|
By deputation
|
Deputation :
Officers under the Central/State
Government /Statutory or Autonomous Bodies -
(a) (i)
holding analogous posts on regular basis;or(ii ) holding post
in the scale of pay Rs. 6500-10500 or equivalent with three years
regular service in the grade; and(b) possessing five years
experience in administrative and establishment matters
Note 1. Period of
deputation including period of deputation in another ex-cadre
post held immediately preceding this appointment in the same or
other organisation/department of the Central Governement shall
ordinarily not exceed three years
Note 2.The maximum age limit for appointment on
deputation shall be not exceeding 56 years as on the closing date
of receipt of applications.
|
Not applicable
|
Not applicable
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
7.Data Analyst
|
1\*(2007) Subject to variation depend on workload
|
Group 'B'
|
Rs. 6500-200-10500
|
Not applicable
|
25 to 30 years of age (Relaxable for Government
servants/Employees of autonomous organiztions under the Central
Government upto 40 years in the case of general candidates and
upto 45 years in case of the candidates belonging to the
scheduled castes or scheduled tribes in accordance with the
instructions or orders issued by the Central Government)
Note :The crucial date for determining the age limit
shall be the closing date for receipt of application from
candidates in India (and not the closing date prescribed for
those in Assam, Meghalaya, Arunachal Pradesh, Mizoram, Manipur
Nagaland, Tripura, Sikkim, Ladakh Division of Jammu and Kashmir
State Lahaul Spiti District and Pangi sub Division of Chamba
District of Himachal Pradesh the Union Territory of Andaman and
Nicobar Island or the Union Territory of Lakshadweep.
|
Not applicable
|
Bachelor's Degree of a recognized University or equivalent
with proficiency in computer applications word processing with at
least three years experience as data analyst in Central/State
Government or an autonomous organization Central/State
Government.
|
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Two years
|
By direct recruitment
|
Not applicable
|
Group 'C' Department promotion Committee (for considering
confirmation)
1.Member Secretary, National Tiger Conservation Authority-Chairman
2.Deputy Inspector General of Forests (Wildlife) Member
3. An officer belonging to scheduled castes/scheduled tribes
-Member
4.Finance Officer National Tiger Conservation Authority-
Member
|
Not applicable
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
8.Programmer
|
1\*(2007) Subject to variation depend on workload
|
Group 'C'
|
Rs. 5500-175-90000
|
Not applicable
|
25 to 30 years of age (Relaxable for Government
servants/employees of authonomous organizations under the central
Government upto 40 years in the case of general candidates and 45
years in case of the candidates belonging to the scheduled castes
or scheduled tribes in accordance with the instructions or orders
issued by the central Government)
Note.The crucial date for determining the age limit
shall be the closing date for receipt of application from
candidates in India(and not the closing date prescribed for those
in Assam, Meghalaya, Arunachal Pradesh, Mizoram, Manipur
Nagaland, Tripura Sikkim, Ladakh Division of Jammu and Kashmir
State, Lahaul Spiti District and Pangi Sub-Division of Chamba
District of Himachal Pradesh the Union Territory of Andaman and
Nicobar Islands or the Union Territory of Lakshadweep).
|
Not applicable
|
Bachelor's degree from recognised University or equivalent,
with diploma in computer programming from a Institute recognised
by the Central/State Government having at least three years
experience in the filed along with related applications and
maintenance of website.
|
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Two years
|
By direct recruitment
|
Not applicable
|
Group 'C' Department Promotion Committee (for considering
confirmation)
1. Member Secretary, National Tiger Conservation
Authority-Chairman
2. Deputy Inspector General of Forests (wildlife) - Member
3. An officer belonging to Scheduled castes/Scheduled tribes
-Member
4. Finance Officer National Tiger Conservation
Authority-Member
|
Not applicable
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
9.Date Entry Operator Grade'B'
|
1\*(2007) Subject to variation depend on workload
|
Group"C"
|
Rs. 5000-150-8000
|
Not applicable
|
25 to 30 years of age (Relaxable for Government
Servants/Employees of Autonomous Organizations under the Central
Government upto 40 years in the case of general candidates and
45 years in the case of candidates belonging to the Scheduled
castes or scheduled tribes in accordance with the instructions or
orders issued by the Central Government.Note: The crucial date for determining the age limit shall be the closing date for receipt of applications from candidates in India (and not the closing date prescribed to those in Assam, Meghalaya, Arunachal Pradesh, Mizoram, Manipur, Nagaland, Tripura, Sikkim, Ladakh Division of Jammu and Kashmir State, Labaul Spri District and Pabgi Sub-Division of Chamba District of Himachal Pradesh, the Union Territory of Andaman and Nicobar Islands of Union Territory of Lakshadweep.)
|
Not applicable
|
Essential :(i) Bachelor's degree from a recognised
University or equivalent ; andii) At least five year's
experience in central/state Government Departments or
organizations data entry programming data processing with
proficiency in related computer applications.Desirable
:Diploma in computer application from a recognised
University or Institute or equivalent.
|
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Two years
|
By direct recruitment
|
Not applicable
|
Group 'C' Department promotion committee (for considering
confirmation)
1. Member Secretary, National Tiger Conservation Authority -Chairman
2. Deputy Inspector General of Forests (wildlife) -Member
3. An officer belonging to Scheduled Castes/Scheduled
Tribes-Member
4. Finance Officer National Tiger Conservation Authority
-Member
|
Not applicable
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
10.Data Entry Operator Grade 'A'
|
2\*(2007) subject to variation depend on workload
|
Group 'C'
|
Rs. 4000-100-6000
|
Non-selection
|
25 to 30 years of age (Relaxable for Government
Servants/Employees of autonomous Organizations under the Central
Government upto 40 years in the case if general candidates and 45
years in case of the candidates belonging to the scheduled castes
or scheduled tribes in accordance with the instructions or orders
issued by the Central Government
Note :The crucial date for determining the age limit
shall be the closing date for receipt of applications from
candidates in India (and not the closing date prescribed for
those in Assam, Meghalaya, Arunachal Pradesh, Mizoram, Manipur,
Nagaland, Tripura Sikkim, Ladakh Division of Chamba District of
Himachal Pradesh the Union Territory of Andaman and Nicobar
Islands or the Union Territory of Lakshadweep.
|
Not applicable
|
Essential:(i) Bachelor's degree from a recognized University or equivalent
;and(ii) At least three year's experience in
Central/State Government departments or organizations in data
entry data processing with proficiency in related computer
applications.
Desirable :Diploma in computer applications from a
recognised University or Institute equivalent
|
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Two years
|
By direct recruitment
|
Not applicable
|
Group 'C' Department Promotion Committee (for considering
confirmation)
1.Member Secretary, National Tiger Conservation Authority -Chairman
2.Deputy Inspector General of Forests (Wildlife) - Member
3. An officer belonging to scheduled Castes/Scheduled Tribes -
Member
4. Finance Officer, National Tiger Conservation Authority
-Member
|
Not applicable
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
11. Peon
|
2\*(2007) Subject to variation depend on workload
|
Group 'D'
|
Rs. 2550-55-2660-60-3200
|
Not applicable
|
Not exceeding 30 years (Relaxable upto 40 years for Government
servants/employees of Autonomous Organizations under the Central
Government in the case of general candidates and 45 years in the
case of candidates belonging to the Scheduled Tribes in
accordance with the instructions or orders issued by the Central
Government).
Note 1. The crucial date for determining the age limit
shall be the closing date for receipt of application from
candidates in India (and not the closing date prescribed for
those in Aassam, Meghalaya,Arunachal Pradesh Mizoram, Manipur,
Nagaland, Tripura Sikkim, Ladakh Division of Jammu and Kashmir
State, Lahaul and Spirit District and Pangi sub-division of
Chamba District of Himachal Pradesh, the Union Territory of
Andaman and Nicobar Island or the Union Territory of Lakshadweep)
Note 2. The crucial date for determining the age limit
in the case of candidates from Employment exchange shall be the
last date up to which the employment exchange is asked to submit
the names.
|
Not applicable
|
Essential:(i) Passed 8th standard or
equivalent;and(ii) Knowing cycling
|
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Two years
|
By direct recruitment
|
Not applicable
|
Group 'C' Department Promotion Committee (for considering
confirmation)
1. Member secretary National Tiger Conservation
Authority-Chairman
2. Deputy Inspector General of Forest (Wildlife) Member
3. An officer belonging to Schedule Cases Schedule Tribes
-Member
4. Finance Officer National Tiger Conservation Authority
Member
|
Not applicable
|
|
65b9e2f0ab84c7eca86ea2e3 | acts |
State of Assam - Act
----------------------
The Appointment of Arbitrators by the Chief Justice of the Gauhati High Court Scheme, 1996
--------------------------------------------------------------------------------------------
ASSAM
India
The Appointment of Arbitrators by the Chief Justice of the Gauhati High Court Scheme, 1996
============================================================================================
Rule THE-APPOINTMENT-OF-ARBITRATORS-BY-THE-CHIEF-JUSTICE-OF-THE-GAUHATI-HIGH-COURT-SCHEME-1996 of 1996
--------------------------------------------------------------------------------------------------------
* Published on 27 March 1996
* Commenced on 27 March 1996
The Appointment of Arbitrators by the Chief Justice of the Gauhati High Court Scheme, 1996
Published vide Notification Assam Gazette, Part 2-B, dated 27th March, 1996, pages 131-134
Last Updated 10th February, 2020
In exercise of the powers conferred on the Chief Justice of the Gauhati High Court under Sub-Section (10) of Section 11 of the Arbitration and Conciliation Ordinance, 1996,1 hereby make the following Scheme.
### 1. Short title.
- The Scheme may be called the Appointment of Arbitrators by the Chief Justice of Gauhati High Court Scheme, 1996.
### 2. Submission of request.
- The request to the Chief Justice under sub-section (4) or sub-section (5) or sub-section (6) of Section 11 shall be made in writing and shall be accompanied by-
(a) the original arbitration agreement or a duty Certified copy thereof;
(b) the names and addresses of the parties to the arbitration agreement;
(c) the names and addresses of the arbitrators, if any already appointed;
(d) the name and address of the person or institution, if any, to whom or which any function has been entrusted by the parties to the arbitration agreement under the appointment procedure agreed upon by them;
(e) the qualifications required, if any, of the arbitrators by the agreement of the parties;
(f) a brief written statement describing the general nature of the dispute and the points at issue;
(g) the relief or remedy sought; and
(h) and affidavit, supported by the relevant documents, to the effect that the conditions to be satisfied under sub-section (4) or sub-section (5) or sub-section (6) of Section '11' as the case may be, before making the request to the Chief Justice, has been satisfied;
### 3. Authority to deal with the request.
- Under receipt of a request under paragraph 2, the Chief Justice may either deal with the matter entrusted to him or designate any other person or institution for that purpose.
### 4. Forwarding of request to designated person or institution.
- Where the Chief Justice designates any person or Institution under paragraph 3, he shall have request along with the documents mentioned in paragraph 2 forwarded forthwith to such person or institution and also have a notice sent to the parties to the arbitration agreement.
### 5. Seeking further information.
- The Chief Justice or the person or the institution designated by him under paragraph 3 may seek further information or clarification from the party making the request under this Scheme.
### 6. Rejection of request.
- Where the request made by any party under paragraph 2 is not in accordance with the provisions of this Scheme, the Chief Justice or the person or the institution designated by him may be rejected it.
### 7. Notice to effected person.
- Subject to the provisions of paragraph 6, the Chief Justice or the person or the institution designated by him shall direct that a notice of the request be given to all the parties to the arbitration agreement and such other person or persons as may seem to him or is likely to be affected by such request to show cause, within the time specified in the notice, why the appointment of the arbitrator or the measure proposed to be taken should not be made or taken and such notice shall be accompanied by copies of all documents referred to in paragraph 2 or as the case may be, by information or clarification if any sought under paragraph 5.
### 8. Withdrawal of authority.
- If the Chief Justice, on receipt of a complaint from either party to the arbitration agreement or otherwise, is of opinion that the person or institution designated by him under paragraph 3 has neglected or refused to act or is incapable of acting, he may withdraw the authority given by him to such person or institution and either deal with the request himself or designate another person or institution for that purpose.
### 9. Intimation of action taken on request.
- The appointment made or measure taken by the Chief Justice or any person or institution designated by him to pursuance of the request under paragraph 1 shall the be communicated in writing to-
(a) the parties to the arbitration agreement;
(b) the arbitrators, if any, already appointed by the parties to the arbitration agreement;
(c) the person or the institution referred to in paragraph 2(d);
(d) the arbitrator appointed in pursuance of the request.
### 10. Requests and communications to be sent to Register.
- All requests under this Scheme and communications relating thereto which are addressed to the Chief Justice shall be presented to the Registrar of this Court, who shall maintain a separate Register of such requests and communications.
### 11. Delivery and receipt of written communications.
- The provisions of sub-sections (1) and (2) of Section 3 of the arbitration and Conciliation Ordinance, 1996 shall, so far as may be, apply to all written communications received or sent under this Scheme.
### 12. Costs for processing requests.
- The party making a request under this Scheme shall, on receipt of notice of demand from-
(a) the Registry of the Court, where the Chief Justice makes the appointment of an arbitrator or takes the necessary measure, or
(b) the designated person or the institution, as the case may be, where such person or institution makes appointment of arbitrator or takes the necessary measure, pay an amount of Rs. 100 at the initial stage and any further amount required in accordance with the terms of such notice towards the costs involved in processing the request.
### 13. Interpretation.
- If any question arises with reference to the interpretation of any of the provisions of this Scheme, the question shall be referred to the Chief Justice, whose decision shall be final.
### 14. Power to amend the Scheme.
- The Chief Justice may, from time to time, amend by way of addition or variation any provision of this Scheme.
|
65ba0405ab84c7eca86ea771 | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Employment of Local candidates in the Industries/ Factories Rules, 2019
----------------------------------------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Employment of Local candidates in the Industries/ Factories Rules, 2019
========================================================================================
Rule ANDHRA-PRADESH-EMPLOYMENT-OF-LOCAL-CANDIDATES-IN-THE-INDUSTRIES-FACTORIES-RULES-2019 of 2019
---------------------------------------------------------------------------------------------------
* Published on 14 October 2019
* Commenced on 14 October 2019
Andhra Pradesh Employment of Local candidates in the Industries/ Factories Rules, 2019
Published vide Notification No. G.O. Ms. No. 21, Labour Employment Training and Factories (Lab-2), dated 14.10.2019
Last Updated 21st December, 2019
No. G.O. Ms. No. 21. - In exercise of powers conferred by section 14 of the Andhra Pradesh Employment of Local Candidates in the Industries/Factories Act, 2019 (Act No.29 of 2019), the Andhra Pradesh State Government hereby makes the following Rules:
### 1. Short title and commencement.
(1) These rules may be called the Andhra Pradesh Employment of Local candidates in the Industries/ Factories Rules, 2019.
(2) These rules shall extend to the whole of the State of Andhra Pradesh.
(3) They shall come into force on the date of publication in the official Gazette.
### 2. Definitions.
- In these Rules, unless the context otherwise requires:-
(1) "Act" means the Andhra Pradesh Employment of Local Candidates in the Industries/Factories Act, 2019 (Act No.29 of 2019).
(2) "Authorized Person" means a person nominated or appointed by Occupier / Employer / Owner for the purpose of the Act and the Rules.
(3) "Active Collaboration" means the technical collaboration through the initiatives intended for enhancement of skill levels of identified candidates like establishment of skill development centres, providing faculty services and other related issues.
(4) "Form" means a form appended to these Rules.
(5) "Section" means a section of the said Act.
(6) "Vacancy" means the posts of scientific/technical/non¬ technical/highly skilled/skilled/ semi skilled/unskilled in nature occurring in Industries/Factories /Joint Venture / Project under Public-Private Partnership (PPP) Mode situated in Andhra Pradesh State.
(7) "Quarter" means a period of 3 calendar months commencing from January of every year.
(8) "Existing Industry/Factory/Joint Venture / Project under Public-Private Partnership Mode" means Existing Industry/Factory/Joint Venture / Project under Public-Private Partnership Mode which was set up after the Bifurcation of United Andhra Pradesh State into Andhra Pradesh and Telangana States by Andhra Pradesh Reorganisation Act, 2014 w.e.f. 02.06.2014.
(9) "Prescribed Authority" means the State Level Monitoring Authority as constituted under Rule 5.
(10) "Nodal Agency" means the District Level Nodal agency as constituted under Rule 4.
(11) "State of Andhra Pradesh" means the State as defined under section 4 of the Andhra Pradesh Reorganisation Act,2014 (No. 6 of 2014)and as amended subsequently.
(12) " Zone" means the Zone as notified under "The Andhra Pradesh Public Employment (Organization of local cadres and Regulation of Direct Recruitment) Order, 1975".
### 3. Interpretation of words not defined.
- Words & Expressions not defined in these rules but defined and used in the Act shall have the same meaning as assigned to them in the Act.
### 4. (i) Composition of the District Level Nodal Agency:
| | | |
| --- | --- | --- |
|
(a) |
District Collector
|
- Chairman
|
|
(b) |
General Manager, District Industry Centre
|
- Member
|
|
(c) |
District Employment Officer
|
-Member /Convener
|
(ii) Functions of the District Level Nodal Agency:
(a) District Level Nodal Agency shall deal with all issues related to the Act including overall implementation, monitoring and evaluation at District level.
(b) District Level Nodal Agency shall furnish Quarterly reports to the State Level Monitoring Authority.
(c) The member /convener shall convene the meetings of the Nodal Agency and submit reports to the State Level Monitoring Authority.
(d) Nodal Agency shall authorize such Officers of Government whenever necessary for effective implementation and enforcing provisions of the Act.
### 5. (i) Composition of the State Level Monitoring Authority:
| | | |
| --- | --- | --- |
|
(a) |
Principal Secretary to Government-LET&F
Department
|
- Chairman
|
|
(b) |
Commissioner of Industries
|
- Member
|
|
(c) |
Director of Factories
|
- Member/ Convener.
|
(ii) Functions of State Level Monitoring Authority:
(a) State Level Monitoring Authority shall deal with all issues related to the Act including overall implementation, monitoring and evaluation at State level.
(b) State Level Monitoring Authority shall be the Appellate Authority on the decisions of District Level Nodal Agency.
(c) State Level Monitoring Authority shall furnish Quarterly reports to Government.
(d) The member /convener shall convene the meetings of the Monitoring Authority and submit the reports to the Government.
### 6. Requirement of Domicile of a Local Candidate.
- (1) Any person who has been living in the State of Andhra Pradesh for more than 10 years shall be eligible to claim local status for the purpose of this Act. Any of the following documents shall be treated as evidence of local status:
| | |
| --- | --- |
|
1
|
Ration Card
|
|
2
|
Water Bill
|
|
3
|
Telephone (landline or postpaid mobile bill)
|
|
4
|
Electricity bill
|
|
5
|
Election Commission Photo ID card
|
|
6
|
Proof of Gas Connection
|
|
7
|
Aadhaar Card
|
|
8
|
Photo Passbook of running Bank Account
(Scheduled Public Sector Banks, Scheduled Private Sector Indian
Banks and Regional Rural Banks only)
|
|
9
|
Any other authorised document as may be notified
by the Government
|
(2) In the event of an individual not having any of the above but living with his/her family members who are living for more than 10 years, he/she shall be eligible to claim local status for the purpose of this Act by producing proof of residence of the said family members. In case of non-availability of any of the above, the certification of concerned Tahsildar shall be deemed to be sufficient proof of residence.
Provided further that such persons who are native of the State of Andhra Pradesh but living outside the State, shall be eligible to claim local status subject to compliance with Rule 6(2) i.e. furnishing of proof of residence of family members.
(3) The Employer/ Occupier/Owner of an Industry or a Factory or a Joint Venture or a Project undertaken on Public-Private Partnership mode, whether existing or proposed, shall be responsible to ascertain domicile requirement as prescribed under sub rule (1) above before providing the employment to any local candidate in the 75% reserved for local candidates.
### 7. Manpower recruitment.
- (i) The Employer/ Occupier/Owner or the authorized person of an industry or a Factory or a Joint Venture or a Project undertaken on Public-Private Partnership mode, at the stage of applying for Statutory permissions/clearances for establishing the Industry / Factory, shall inform the man power with skill requirements pertaining to each of the activities being carried on or intended to be carried on, to the nodal agency.
(ii) Nodal agency shall assess the availability of skilled man power vis-a-vis the requirement indicated. In the event of shortage of skilled man power a training and skill upgradation plan shall be prepared by the nodal agency in consultation with the Employer/ Occupier/Owner aligning the training calendar with the recruitment calendar of the Employer/ Occupier/Owner so that sufficient skilled local man power is made available to the Industry/ Factory at the time of recruitment.
(iii) The existing Industry / Factory or a Joint Venture or a Project undertaken on Public-Private Partnership mode, shall furnish to the Nodal Agency the details of existing man power, number of local candidates employed, short fall if any in prescribed form appended in Annexure-1 within 30 days from the day of commencement of these rules along with a proposed action plan to comply with the provisions of the Act to meet the minimum 75% local employment criteria including time lines which shall not be more than 3 years from the date of commencement of these rules.
### 8. Preference among the Local candidates.
- The order of preference to be given to a person for recruitment under the Act shall be as follows:
When the Employer/ Occupier/Owner of an Industry or a Factory or a Joint Venture or a Project undertaken on Public-Private Partnership mode or his/her authorized person commences recruitment, the respective village or town or city is the order of first preference, in which limits his/her Industry or a Factory or a Joint Venture or a Project undertaken on Public-Private Partnership mode is situated or proposed to be situated. In case of non-availability of a person with suitable skill level in that area, then it shall be open to the employer to recruit a person from the Mandal, District, Zone and the State, in that order.
### 9. Exemptions.
- (i) The Employer/ Occupier/Owner of the Industry / Factory including existing Industry / Factory may apply for exemption from the provisions of this Act to the Government. The application shall be disposed of within 15 days.
(ii) Any exemption granted under this rule is generally valid for a duration of one year. In the meantime, suitable local candidates shall be identified and necessary training shall be taken up to improve the skill level to the required standards of the Industry. Any Industry seeking exemption for a duration more than one year shall submit detailed report of the circumstances that necessitate such exemption to Government.
(iii) Government after due consideration of such request filed under rule 9 (ii) shall pass orders within 15 days.
### 10. Submission of Returns.
- Every Employer/Occupier/Owner shall furnish to the concerned Nodal Agency a Quarterly Return in Prescribed format (LER 1) within 30 days after the end of each quarter every year in the form appended in Annexure -2.
### 11. It shall be obligatory on the Employer/ Occupier/Owner of the Industry /Factory to provide such information as is sought by the Nodal Agency limited to matters related to employment and recruitment.
### 12. Verification of report.
- The Quarterly report rendered by the Employer/Occupier/Owner shall be verified as per the section (6) of the Act by the Nodal agency or its authorized officers and submit a consolidated report to the Government periodically.
### 13. Records.
- (i) Every Employer/Occupier/Owner shall maintain a record of Local status of each employee as defined in 2(g) of the Act.
(ii) The records viz., (a) Local status record register; (b) Pay Bill register; (c) Attendance register/ Muster roll; (d) returns / reports and (e) any relevant register shall be produced to the Nodal Agency on demand.
### 14. Penalties.
(1) If any Employer/ Occupier/Owner (a) refuses to furnish required information, furnishes false information under Section 5 of the Act; (b) impedes access to relevant records or documents under section 7 of the Act; or(c) fails to comply with the provisions of the Act, the Employer/ Occupier/Owner shall be guilty of an offence and punishable for the first offence with fine which may extend up to Rs. 25,000/- and for every subsequent offence with fine which may extend to Rs. 50,000/-. Provided that the said penalty shall be imposed by the Nodal Agency only after giving an opportunity of hearing to the Employer concerned.
(2) In addition to the above, if in a calendar year an Industry / Factory is found to be guilty for not maintaining 75% employment of local candidates in consecutive six months, it is open to the Government to impose appropriate penalty including rescinding the license / clearances for such Industry / Factory after giving an opportunity to be heard.
Annexure-1
Form for Notification of Manpower requirement to the Nodal Agency (Separate form to be used for each type of Post)
| | | |
| --- | --- | --- |
|
1. Name and address , Telephone Number of the
Employer /Occupier / Owner
|
|
|
|
2. Name and address of the Industry/Factory
with phone number and e-mail id:
|
|
|
|
3. Registration No. of
Industry/Establishment/Factory
|
|
|
|
4. Details of the Post:
|
|
|
|
(a) Designation of the post(s) to be filled
|
|
|
|
(b) Description of the duties
|
|
|
|
(c) Qualification required
|
(i) Essential:
|
|
|
|
(ii) Desirable:
|
|
|
(d) Age Limits, if any
|
|
|
|
(e) Whether Women are eligible
|
|
|
|
(f) Whether any training/skill required for the job. If so, pi
furnish the details
|
|
|
|
5. Number of posts to be filled duration wise:
|
|
|
|
Duration
|
Number of posts
|
Number reserved for
Local candidates(75%)
As per Act
|
|
|
|
|
|
(a) Permanent
|
|
|
(b) Temporary
|
|
|
(i) Less than 3 months
|
|
|
|
(ii) Between 3 months & year
|
|
|
|
(iii) Likely continued beyond one Year.
|
|
|
|
6. Pay and Allowances/Remuneration
|
|
|
|
7. Place of Work (Name of the town/village and
district In which it is situated)
|
|
|
|
8. Probable date by which the vacancy will be
filled
|
|
|
|
9. Any other relevant information.
|
|
|
|
Place:
|
|
|
|
Date:
|
|
Signature of the Employer/Occupier/Owner
|
|
|
|
Or his authorized person
|
|
|
|
(with stamp / seal)
|
Annexure-2
Form LER-1
(Prescribed under Rule 10)
| |
| --- |
|
Quarterly
Return to be furnished to the Nodal Agency for the quarter
ending
|
|
Name and address of the Employer/Occupier/Owner
|
|
|
|
Telephone Number or Mobile Number e-mail id:
|
|
|
|
Registration No. of Industry/Factory
|
|
|
|
Nature of Activity
|
|
|
|
1 (a) Employment :
|
|
|
|
Number of employees working on the last working day of the
previous
|
Number of employees working On the last working day of Quarter
Quarter under report
|
|
|
Men
|
|
|
|
|
|
Women
|
|
|
|
|
|
Total
|
|
|
|
|
|
Out of the above employees the following
|
|
|
Local
|
|
Non-Local
|
|
|
Skilled/Semi skilled/ unskilled/ highly skilled
Skilled/ Semi skilled/unskilled/highly skiiled
|
|
Men
|
|
|
|
|
|
Women
|
|
|
|
|
|
Total
|
|
|
|
|
|
(b) Please indicate the main reasons for any
increase or decrease in employment during the quarter.
|
|
3. Manpower Shortages , if any.
|
|
Name of the occupation or Designation of posts
|
Number of unfilled posts
|
Qualification required
|
Experience required
|
Skill trg required
|
|
|
|
|
|
|
| | |
| --- | --- |
|
|
Signature of the
Employer/Occupier/Owner
|
|
|
Or his authorized
person
|
|
|
(with stamp /
seal)
|
To
The Nodal Agency
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
65badbb0ab84c7eca86ec9c7 | acts |
State of Jharkhand - Act
--------------------------
The Bengal Alluvion and Diluvion Act, 1847
--------------------------------------------
JHARKHAND
India
The Bengal Alluvion and Diluvion Act, 1847
============================================
Act 9 of 1847
---------------
* Published on 8 May 1847
* Commenced on 8 May 1847
The Bengal Alluvion and Diluvion Act, 1847
Act
9 of 1847
[Dated 8th May, 1847]
An Act regarding the assessment of lands gained from the sea or from rovers by alluvion or dereliction within the Province[s] of [Bengal], Bihar [and Orissa]
### 1. Repeal of enactments.
- It is hereby enacted that such parts of the Regulations of the Bengal Code as establish tribunals and prescribe rules of procedure for investigations regarding the liability to assessment of lands gained from the sea or from rivers by alluvion or dereliction, or regarding the right of Government to the ownership thereof, shall, from the date of the passing of this Act, cease to have affect within the [States]
[Substituted by A. L. O.]
of [West Bengal]
[Substituted by Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948 for 'Bengal'.]
Bihar [ana Orissa] [\* \*]
['And, that all such investigations pending before the Collectors and Deputy Collectors in the said Provinces at the said date shall forthwith be discontinued', repealed by Act 12 of 1891]
; and that no measures shall hereafter be taken for the assessment of such lands, or for the assertion of the right of Government to the ownership thereof except under the provisions of this Act.
### 2. State of Orissa defined.
- [The expression [States]
[Words in Sections 2 and 3, repealed by Act 16 of 1874 omitted.]
of Orissa, in Act, shall be taken to mean only so much of the [States]
[Substituted by A. L. O.]
of Orissa [as was on the 8th May, 1847]
[Substituted by A.L.O. for 'as is'.]
, subject to the Government of Bengal].
### 3. Power to direct new surveys of riparian lands.
- [Within the said [States]
[Words in Sections 2 and 3, repealed by Act 16 of 1874 omitted.]
it shall be lawful for the [States]
[Substituted by A. L. O.]
Government, in all districts or parts of district of which a revenue-survey may have been or may hereafter be completed and approved by Government, to direct from time to time, whenever ten years from the approval of any such survey shall have expired, a new survey of lands on the banks of river and on the shores of the sea, in order to ascertain the changes that may have taken place since the date of the last previous survey, and to cause new maps to be made according to such new survey.]
### 4. Date of approval of surveys.
- [\* \* \*]
[Words repealed by Act 16 of 1874 omitted.]
The approval of the revenue-survey of districts or parts of districts which may be hereafter surveyed shall be deemed to have taken place on such day as may be specified as the day of such approval in the [Official Gazette]
[Substituted by A.O. for 'Calcutta Gazette'.]
.
### 5. Deduction from jama of estates from which lands have been washed away.
- [\* \* \*]
[Words repealed by Act 16 of 1874 omitted.]
Whenever on inspection of any such new map it shall appear to the local Revenue-authorities that land has been washed away from or lost to any State paying revenue directly to Government, they shall without loss of time make a deduction from the sadar jama of the said estate equal to so much of the whole sadar jama of the estate as bears to the whole the same proportion as the mufassal jama of the land lost bears to the mufassal jama of the whole State; but, if the mufassal jama of the whole estate or of the land lost cannot be ascertained to the satisfaction of the local Revenue-authorities, then the said local Revenue-authorities shall make a deduction from the sadar jama of the estate equal to so much of the whole sadar jama of the estate as bears to the whole the same proportion as the land lost bears to the whole estate. And this deduction, with the reasons thereof, shall be forthwith reported by the local Revenue-authorities for the information and orders of the \* \* [Board of Revenue]
[Sadar which was repealed by Act 1 of 1903 omitted.]
whose orders thereupon shall be final.
### 5A. [ Assessment of land reformed on original site.
[Inserted by Bihar Act 15 of 1948.]
- Whenever any land which has been washed away from or lost to any estate paying revenue directly to Government reappears above the water and reforms at the original site of such land, the proprietor of the estate from the sadar jama of which a deduction has been made under section 5 on account of the land so washed away or lost, shall have the right to resume immediate possession of the land so reformed, subject to the payment of revenue in respect thereof, with effect from the date on which such revenue is assessed. Such revenue shall be assessed at the same rate as that obtaining for the sadar jama of the remainder of the estate on the date on which possession is so resumed, and shall bear to the sadar jama the same proportion as the area of the land so reformed bears to the area of the remainder of the estate. This assessment with the reasons thereof shall be forthwith reported by the local Revenue-authorities for the information and orders of the Board of Revenue whose orders thereupon shall be final].
### 6. Assessment of increments to revenue paying estates.
- [\* \* \*]
[Words in Sections 6 and 9, repealed by Act 16 of 1874 omitted.]
Whenever on inspection of any such new map it shall appear to the local Revenue-authorities that land [other than land to which the provisions of Section 5A apply]
[Inserted by Bihar Act 15 of 1948.]
has been added to any estate paying revenue directly to Government, they shall without delay assess the same with a revenue payable to Government according to the rules in force for assessing alluvial increments, and shall report their proceedings forthwith to the \* \* [Board of Revenue, whose orders thereupon shall be final]
[Sadar which was repealed by Act 1 of 1903 omitted.]
.
### 7. [
[Section 7 repealed by Bengal Act 4 of 1868.]
\* \* \* \* \*]
### 8. [
[Section 8 repealed by Act 14 of 1870.]
\* \* \* \* \*]
### 9. Indemnity clause.
- [\* \*]
[Words in Sections 6 and 9, repealed by Act 16 of 1874 omitted.]
no suit or action in any Court of Justice shall lie against the [Government]
[Substituted by A.L.O.]
or any of its officers on account of anything done in good faith in the exercise of the powers conferred by this Act.
|
65ba3ed5ab84c7eca86ead90 | acts |
State of Manipur - Act
------------------------
Salary and Allowances of Chairman of the Manipur Legislative Assembly (Hill Areas Committee) Act, 1972
--------------------------------------------------------------------------------------------------------
MANIPUR
India
Salary and Allowances of Chairman of the Manipur Legislative Assembly (Hill Areas Committee) Act, 1972
========================================================================================================
Act 8 of 1972
---------------
* Published on 1 January 1972
* Commenced on 1 January 1972
Salary and Allowances of Chairman of the Manipur Legislative Assembly (Hill Areas Committee) Act, 1972
(Act
No. 8 of 1972
)
Last Updated 24th February, 2020
An Act to provide for the salary and allowances of Chairman of the Manipur Legislative Assembly Hill Area Committee.
Be it enacted the Legislature of Manipur in the Twenty third year of the Republic of India as follows :-
### 1. Short title and commencement.
(1) This Act may be called The Salary and Allowances of Chairman of the Manipur Legislative Assembly (Hill Areas Committee) Act, 1972.
(2) It shall be deemed to have come into force on the twentieth day of June, 1972.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(a) "Chairman" means the Chairman of the' (Hill Areas Committee) ;
(b) "Hill Areas Committee" means the Hill Areas Committee constituted by paragraph 3 of the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 ;
(c) Words and expression not defined herein and defined in the Salaries and Allowances of Ministers (Manipur) Act, 1972 (Manipur Act 3 of 1972) shall have the meanings respectively assigned to them in that Act.
### 3. Salary and Allowances of Chairman.
- The Chairman shall be paid such salary, conveyance allowance, entertainment allowance and travelling and daily allowances and shall be entitled to such amenities regarding residence and motor cars as are provided for a Minister of State under the Salaries and Allowances of Ministers (Manipur) Act, 1972 (Manipur Act 3 of 1972).
### 4. Medical treatment etc. to Chairman.
- The Chairman and the members of his family shall be entitled free of charge to accommodation in hospitals maintained by the Government and also to medical treatment in accordance with the Medical Attendance Rules, as amended from time to time applicable to a Class I Officer serving in connection with the State of Manipur.
### 5. Chairman not to draw any salary as a member.
- The Chairman shall not be entitled to receive any sum out of funds provided by the Assembly by way of salary or allowance in respect of his membership of such Assembly.
### 6. Advance the Chairman for purchase of Car.
- There may be paid to the Chairman by way of repayable advance Such sum of money as may be payable to a Minister under the Salaries End Allowances of Ministers (Manipur) Act, 1972 and rules made thereunder for the purchase of Motor Car in order that he may be able to discharge conveniently and efficiently the duties of his office.
### 7. Notification respecting appointment etc. of Chairman to be convulsive evidence thereof.
- The date on which any person became or ceased to be Chairman shall be published in the Official Gazette of the State and such notification shall be conclusive evidence of the fact that he became or ceased to be the Chairman on that date for all purposes of this Act.
### 8. Power to make Rules.
(1) The State Government may by notification in the Official Gazette make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid as soon as may be after it is made, before the Assembly while it is in session for a total period of not less than fourteen 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 aforesaid, the Assembly makes any modification in the rule or decides 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.
|
65ba7ee6ab84c7eca86ebb3d | acts |
Union of India - Act
----------------------
The National Highways fee (Determination of Rates and Collection) Rules, 2008
-------------------------------------------------------------------------------
UNION OF INDIA
India
The National Highways fee (Determination of Rates and Collection) Rules, 2008
===============================================================================
Rule THE-NATIONAL-HIGHWAYS-FEE-DETERMINATION-OF-RATES-AND-COLLECTION-RULES-2008 of 2008
-----------------------------------------------------------------------------------------
* Published on 5 December 2008
* Commenced on 5 December 2008
The National Highways fee (Determination of Rates and Collection) Rules, 2008
Published vide Notification No. G.S.R. 838(E) , dated 5.12.2008, published in the Gazette of India, Extraordinary, Part 2, Section 3(i), dated 5.12.2008
Last Updated 29th September, 2018 [18/799]
In exercise of the powers conferred by section 9 of the National Highways Act, 1956 (
48 of 1956
) and in supersession of the National Highways (Temporary Bridges) Rules, 1964, the National Highways (Collection of Fees by any person for the Use of Section of National Highways/Permanent Bridge/Temporary Bridge on National Highways) Rules, 1997, the National Highways (Fees for the Use of National Highways Section and Permanent Bridge-Public Funded Project) Rules, 1997 and the National Highways (Rate of Fees) Rules, 1997, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules for collection of fee for use of sections of national highways, permanent bridges, by-passes and tunnels, namely:--
### 1. Short title and commencement.
(1) These rules may be called the National Highways Fee (Determination of Rates and Collection) Rules, 2008.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) They shall not apply to agreements and contracts executed and bids invited prior to the publication of these rules.
(4) [ They shall apply to the agreement and contracts executed and bids invited relating to Public funded projects and the build, operate and transfer (annuity) projects prior to the publication of the said rules.]
[Inserted by Notification No. G.S.R. 756(E) , dated 12.10.2011 (w.e.f. 5.12.2008).]
### 2. Definitions.
(1) In these rules, unless the context otherwise requires,--
(a) "Act" means the National Highways Act, 1956;
(b) "base year" means the period from 1st April, 2007 to 31st March, 2008;
(ba) [ "build, operate and transfer (annuity) project" means a project relating to any Section of a national highway, permanent bridge, bypass or tunnel, as the case may be, for which an agreement is entered into with a concessionaire, for payment of annual grant for construction of section of highway;]
[Inserted by Notification No. G.S.R. 756(E) , dated 12.10.2011 (w.e.f. 5.12.2008).]
(c) "by-pass" means a section of the national highway by-passing a town or city;
(d) "concessionaire" means a person with whom an agreement has been entered into under section 8-A of the Act;
(e) "elevated highway" means any section of national highway raised above ground level through support of piers or columns;
(f) "executing authority" means an officer or authority notified by the Central Government under section 5 of the Act;
(g) "expressway" means a national highway having a divided carriageway suitable for high speed traffic and with control of access;
(ga) [ "fee plaza" means any building, structure or booth made for collection of fee;]
[Inserted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
(h) "financial year" means the year commencing on the 1st day of April of a year and ending on 31st day of March of the succeeding year;
(ha) [ "FASTag" means an onboard unit (transponder) or any such device fitted on the front wind screen of the vehicles; and
[Inserted by Notification No. G.S.R. 831(E) , dated 21.11.2014 (w.e.f. 5.12.2008).]
(hb) "FASTag lane of toll plaza" is an exclusive lane in the toll plaza for movement of vehicles fitted with "FASTag" or any such device.]
(hd) [ "Electronic Toll Collection Infrastructure" means set of equipment comprising of hardware and software which shall facilitate electronic collection of user fees;]
[Inserted by Notification No. G.S.R. 427(E) , dated 7.5.2018 (w.e.f. 5.12.2008).]
(i) "gross vehicle weight" in respect of any vehicle means the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle under the Motor Vehicles Act, 1988 (
59 of 1988
);
(j) "lane" means a lane forming part of the main carriageway and having a minimum width of three meters and fifty centimeters;
(k) "mechanical vehicle" means any vehicle driven under its own power including a motor vehicle as defined under the Motor Vehicles Act, 1988;
(l) "notification" means a notification published in the Official Gazette;
(m) "private investment project" means a project relating to section of national highway, permanent bridge, by-pass or tunnel, as the case may be, for which an agreement is entered into with a concessionaire;
(n) "public funded project" means a project which is not a private investment project, as defined in clause (m) above and includes a private investment project in respect of which the agreement has expired;
[\* \* \*]
[Omitted '(o) 'toll plaza' means any building, structure or booth made for collection of fee.' by Notification No. G.S.R. 585(E), dated 8.6.2016 (w.e.f. 5.12.2008).]
(2) Words and expressions used herein and not defined but defined in the National Highways Authority of India Act, 1988 shall have the meanings respectively assigned to them in that Act.
### 3. Levy of fees.
(1) The Central Government may by notification, levy fee for use of any section of national highway, permanent bridge, by-pass or tunnel forming part of the national highway, as the case may be, in accordance with the provisions of these rules:
Provided that the Central Government may, by notification, exempt any section of national highway, permanent bridge, by-pass or tunnel constructed through a public funded project from levy of such fee or part thereof, and subject to such conditions as may be specified in that notification.
(2) The collection of fee levied under sub-rule (1) of rule 3, shall commence within forty-five days from the date of completion of the section of national highway, permanent bridge, by-pass or tunnel, as the case may be, constructed through a public funded project.
(3) [ \*\*\*]
[Omitted by Notification No. G.S.R. 778(E) , dated 16.12.2013 (w.e.f. 5.12.2008).]
(4) No fee shall be levied for the use of the section of national highway, permanent bridge, by-pass or tunnel, as the case may be, by two wheelers, three wheelers, [tractors, combine harvesters]
[Substituted by Notification No. G.S.R. 248(E) , dated 14.3.2017 (w.e.f. 5.12.2008).]
and animal drawn vehicles:
Provided that three wheelers, [tractors, combine harvesters]
[Substituted by Notification No. G.S.R. 248(E) , dated 14.3.2017 (w.e.f. 5.12.2008).]
and animal-drawn vehicles shall not be allowed to the use the section of national highway, permanent bridge, by-pass or tunnel, as the case may be, where a service road or alternative road is available in lieu of the said national highway, permanent bridge, by-pass or tunnel:
Provided further that where service road or alternative road is available and the owner, driver or the person in charge of a two wheeler is making use of the section of national highway, permanent bridge, by-pass or tunnel, as the case may be, he or she shall be charged fifty per cent of the fee levied on a car.
Explanation I .-For the purposes of this rule,--
(a) "alternative road" means such other road, the carriageway of which is more than ten meters wide and the length of which does not exceed the corresponding length of such section of national highway by twenty per cent thereof;
(b) "service road" means a road running parallel to a section of the national highway which provides access to the land adjoining such section of the national highway.
(5) The fee notified by the Central Government under these rules shall be rounded off and levied in multiple of the nearest rupees five.
### 4. Base rate of fee.
(1) The rate of fee for use of the section of national highway, permanent bridge, by-pass or tunnel constructed through public funded project or private investment project shall be identical.
(2) [The fee]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
for use of a section of national highway of four or more lanes shall, for the base year 2007-08, be the product of the length of such section multiplied by the following rates, namely:--
| | |
| --- | --- |
|
Type
of Vehicle
|
Base
Rate of Fee Per Km. (In rupees)
|
|
Car,
Jeep, Van or Light Motor Vehicle
|
0.65
|
|
Light
Commercial Vehicle, Light Goods Vehicle or Mini Bus
|
1.05
|
|
Bus or
Truck (Two Axles)
|
2.20
|
|
Three-axle
commercial vehicles
|
2.40
|
|
Heavy
Construction Machinery(HCM) or Earth Moving Equipment (EME) or
Multi-Axle Vehicle (MAV) (four to six axles)
|
3.45
|
|
Oversized
Vehicles (seven or more axles)
|
4.2
|
[\* \* \*]
[Omitted explanation by Notification No. G.S.R. 220(E) dated 23.3.2015 (w.e.f. 5.12.2008).]
(3) [ and (4) \*\*\*]
[Omitted by Notification No. G.S.R. 778(E) , dated 16.12.2013 (w.e.f. 5.12.2008).]
| |
| --- |
|
(3) The rate of fee for use of a section of national highway, having two lanes and on which the average investment for upgradation has exceeded[rupees two and a half crore per kilometer at the 1stApril, 2008 prices]
[Substituted for the words "Rupees one crore per kilometer" by Notification No. G.S.R. 950(E) , dated 3.12.2010 (w.e.f. 5.12.2008)]
, shall be sixty per cent of the rate of fee specified under sub-rule (2) of rule 4.
(4) The rate of fee for use of permanent bridge or tunnel constructed with the cost exceeding Rupees Ten crore, shall, for the base year 2007-08, be as follows:-
{|
|
|
“Base
rate of fee (Rupees Per vehicle Per trip)
|
|
Cost
of permanent bridge, or tunnel (Rupees in Crore)
|
Car,
Jeep, Van or Light Motor Vehicle
|
Light
Commercial Vehicle, Light Goods Vehicle or Mini Bus
|
Truck
or Bus
|
Three-axle
commercial vehicle
|
HCM,
EME or MAV
|
Oversized
Vehicle
|
|
10 to
15
|
5
|
7.5
|
15
|
16.5
|
22
|
30
|
|
For
every additional Rupees five crore or part thereof, exceeding
Rupees fifteen crore and up to Rupees one hundred crore
|
1
|
1.5
|
3
|
3.3
|
4.5
|
6
|
|
For
every additional Rupees five crore or part thereof, exceeding
Rupees one hundred crore and upto Rupees two hundred crore
|
0.75
|
1.15
|
2.25
|
2.45
|
3.4
|
4.5
|
|
For
every additional Rupees five crore or part thereof, exceeding
Rupees two hundred crore.
|
0.5
|
0.75
|
1.5
|
1.65
|
2.25
|
3
|
Provided that while computing fee for the section of national highway on which a permanent bridge or tunnel costing Rupees Fifty crore or more is situated, the length of such permanent bridge or tunnel shall be excluded from the length of such section of national highway and fee shall be levied at the rates specified for such permanent bridge or tunnel:
Provided further that where the cost of such permanent bridge or tunnel, as the case may be, is less than Rupees Fifty crore, and the said permanent bridge or tunnel, form part of the section of national highway, then instead of above rate of fee, the rate of fee specified under sub-rule (2) of rule 4 shall be applicable for such permanent bridge or tunnel.
Explanation.- For the purpose of this sub-rule,--
(a) the cost for private investment project, shall be the cost as assessed by the executing authority prior to invitation of bids from the concessionaire;
(b) the cost for public funded project shall be the cost as assessed by the executing authority six months prior to completion thereof.
|}
(5) [ The rate of fee for use of bypass forming part of a section of a national highway constructed with the cost of rupees ten crore or more, for the base year 2007-08, shall be one and a half times the rate of fee specified in sub-rule (2):
Provided that while computing the fee for a section of a national highway of which such bypass forms a part, the length of such bypass shall be excluded from the length of such section of national highway:
Provided further that where the cost of such bypass is less than rupees ten crore, then the rate of fee for the use said bypass shall be the same as that of the section of the national highway of which it forms a part.]
[Inserted by Notification No. G.S.R. 950(E) , dated 3.12.2010 (w.e.f. 5.12.2008)]
(6) Notwithstanding anything contained in this rule-
[(a) the rate of fee for use of a Section of a national highway consisting of bypass or tunnel constructed on or after 11th September, 1956 but before 5th December, 2008, through public funded project or build, operate and transfer (annuity) project, shall be the same, as provided in sub-rule (2) and (3) for the Section of a national highway, and, shall be revised in accordance with the provisions of rule 5; and
(b) the rate of fee for use of permanent bridge constructed on or after 1lth September, 1956 but before 5th December, 2008, through public funded project or build, operate and transfer (annuity) project. shall he the same as applicable prior to the commencement of these rules, and, shall be revised in accordance with the provisions of rule 5:
Provided that notwithstanding whether the Section of the national highway or the bridge has been taken for further lane upgradation or not, the increase in the rate of fee for use of a Section of such national highway, permanent bridge, bypass or tunnel constructed through any public funded project or any build, operate and transfer (annuity) project constructed before the commencement of the said rules, shall not be increased after the commencement of the National Highways Fee (Determination of Rates and Collection) Second Amendment, Rules, 2011 by more than twenty-five per cent of the rates of fee applicable immediately before such commencement and further annual increase shall in no case be more than twenty-five per cent of the rate applicable in the immediately preceding year.]
[Inserted by Notification No. G.S.R. 756(E) , dated 12.10.2011 (w.e.f. 5.12.2008).]
Provided further that in case of a section of a four-lane highway which has been taken up for up-gradation to six-laning, the increase in rate of fee shall be limited to seventy-five per cent of the fee as specified in sub-rule (2) and revised under rule 5 calculated on and from the date of commencement of the work relating to up-gradation, till the date of completion of the project according to the agreement entered into with the concessionaire without any annual revision:
Provided also that no user fee shall be levied for the delayed period between the date of completion as per the agreement entered into with the concessionaire and the date of actual completion of the project.
Explanation. - For the purposes of this rule, any provisional completion of the project shall not be treated as completion of the project.
[(7) The rate of fee for use of an expressway shall be 1.25 times the rate specified in sub-rule (2).
(8) In case of private investment projects, the rate of fee shall be as specified under sub-rule (2) or such lower rates as concessionaire may determine by giving public notice to the users, specifying in all or any category of vehicles.
(9) The rate of fee for a section of a four-lane highway shall on and from the commencement of the work relating to upgradation to six laning, be seventy-five per cent. of the fee applicable on the date of commencement of the National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2013, till the completion of the project without any annual revision:
Provided that no user fee shall be levied for the delayed period between the date of completion as per the agreement entered into with the concessionaire and the date of actual completion of the project.
Explanation. - For the purposes of this rule, any provisional completion of the project shall not be treated as completion of the project.
(10) [ The rate of fee for use of standalone structure as well as structure forming part of a liner highway/expressway, shall be calculated by converting the length of the structure into an equivalent length of highway/expressway by multiplying by a factor of ten.
Provided that structure of 60 meters of length or less, on a linear highway/expressway will be considered as part of the normal length of highways/expressways for calculation of fee.]
[Inserted by Notification No. G.S.R. 778(E) , dated 16.12.2013 (w.e.f. 5.12.2008).]
(11) The rate of fee for use of a section of a national highway, having two-lanes with paved shoulders and above but below four-lane on which substantial improvement has been made by widening carriageway by three meters or more shall be sixty per cent of the rate of fee specified under sub-rule (2).]
### 5. Annual revision of rate of fee.
(1) The rates specified under rule 4 shall be increased without compounding, by three per cent each year with effect from the 1st day of April, 2008 and such increased rate shall be deemed to be the base rate for the subsequent years.
(2) The applicable base rates shall be revised annually with effect from April 1 each year to reflect the increase in wholesale price index between the week ending on January 6, 2007 (i.e.,208.7) and [the wholesale price index for the month of December of the year]
[Substituted for the words "the week ending on or immediately after January 1 of the year" by Notification No. G.S.R. 950(E) , dated 3.12.2010 (w.e.f. 5.12.2008)]
in which such revision is undertaken but such revision shall be restricted to forty per. cent of the increase in wholesale price index.
(3) The formula for determining the applicable rate of fee shall be as follows:-
Explanation .-For the purposes of this sub-rule,-
(a) applicable rate of fee shall be the rate payable by the user;
(b) base rate shall be the rate specified in rule 4 read with sub-rule (1) of rule 5;
(c) WPI A means [the wholesale price index for the month of December of the immediately preceding year]
[Substituted for the words "the wholesale price index of the week ending on or subsequent to 1st January" by Notification No. G.S.R. 950(E) , dated 3.12.2010 (w.e.f. 5.12.2008)]
immediately preceding the date of revision under these rules; and
(d) WPI B means the wholesale price index of the week ending on 6th January, 2007 i.e.208.7.
[Illustration:
If the revision is to be made for the year 2008-09 by applying the wholesale price index for the month of December, 2007 (i.e. 216.4), then the rate for car, jeep or van will be 0.6794 as computer below:]
[Substituted by Notification No. G.S.R. 950(E) , dated 3.12.2010 (w.e.f. 5.12.2008)]
| | | | |
| --- | --- | --- | --- |
|
Aplicable rate of fee :
|
0.695+0.695
X(216.4-20.7)X
0208.7
|
=
|
0.679
|
### 6. Collection of fee.
(1) Fee levied under these rules shall be collected by the Central Government or the executing authority or the concessionaire, as the case may be, at the [fee plaza.]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
(2) Every driver, owner or person in charge of a mechanical vehicle shall for the use of the section of national highway, permanent bridge, by-pass or tunnel, before crossing the [fee plaza.]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
, pay the fee specified under these rules.
(3) The fee collected under these rules shall be paid either in cash or through [pre-paid payment]
[Inserted by Notification No. G.S.R. 1114(E) , dated 2.12.2016 (w.e.f. 5.12.2008).]
smart card [or through FASTag]
[Inserted by Notification No. G.S.R. 831(E) , dated 21.11.2014 (w.e.f. 5.12.2008).]
or on board unit (transponder) or any other like device:
Provided that no additional charges shall be realised for making the payment of fee by use of a smart card or on board unit (transponder) or any other such device.
[Provided further that user of the vehicle not fitted with "FASTag" entering into "FASTag lane" of the Toll Plazas shall pay a fee equivalent to two times of the fee applicable to that category of vehicles as per sub-rule (2) of rule 4.]
[Inserted by Notification No. G.S.R. 831(E) , dated 21.11.2014 (w.e.f. 5.12.2008).]
[Provided also that if a vehicle user with a valid, functional FASTag or any such device with sufficient balance in the linked account crossing a fee plaza installed with Electronic Toll Collection infrastructure, is not able to pay user fee through FASTag or any such device owing to malfunctioning of Electronic Toll Collection infrastructure, the vehicle user shall be permitted to pass the fee plaza without payment of any user fee. An appropriate zero transaction receipt shall be issued mandatorily for all such transactions.]
[Inserted by Notification No. G.S.R. 427(E) , dated 7.5.2018 (w.e.f. 5.12.2008).]
(4) Any driver, owner or person in charge of a mechanical vehicle who opts for the installation of on board unit (transponder) or any other such device for payment of fee, shall deposit a refundable security equivalent to the cost of the equipment with the Central Government, the executing authority or the concessionaire, as the case may be, for such installation and no interest shall accrue on such security deposit.
(5) The person receiving such fee under sub-rule (2) of rule 6, shall issue to the driver, owner or person in charge of mechanical vehicle a receipt, specifying therein the date and time of such receipt of fee, total amount received, and the class of vehicle for which the fee has been received:
Provided that where the fee is paid through smart card or on board unit (transponder) or any other such device, a receipt shall be issued on demand only.
(6) (a) The fee shall be collected by the Central Government or the executing Authority as the case may be and for a specified period in accordance with the terms of agreement entered by the Concessionaire.
[(b) The fee as notified as per Concession Agreement shall be leviable till the end of the concession period and after the Concession Agreement is over, the fee shall be collected by the Central Government executing authority at a reduced rate of 40% of the fee on the date of transfer of such section of National Highways, bridge, tunnel or bypass, as the case may be, to be revised annually in accordance with these rules:
Provided that after the recovery of capital cost through user fee realised, in respect of a public funded project, the fee leviable would be reduced to 40% of the user fee for such section of National Highways, bridge, tunnel or bypass as the case may be, to be revised annually in accordance with these rules.]
[Substituted by Notification No. G.S.R. 15(E) , dated 12.1.2011.]
.
(7) In respect of public funded projects the fee levied under these rules shall be collected by the Central Government, or the executing authority, as the case may be, through its own officials or through a contractor.
### 7. Remittance and appropriation of fee.
(1) In case of public funded projects, the fee collected under the provisions of these rules by every executing authority shall be remitted to the Central Government:
Provided that the Central Government may by notification allow any or all executing authorities to appropriate the whole or any part of the fee for such purposes and subject to such conditions as may be specified in the said notification:
Provided further that in case of private investment projects, the fee collected under the provisions of these rules shall be appropriated by the concessionaire in accordance with the provisions of and for the performance of its obligations under the agreement entered into by such concessionaire.
(2) Every executing authority shall remit to the Central Government, the amount of fee collected over and above the amount permitted to be appropriated by the executing authority under sub-rule (1) of rule 7, within ninety days from the date of the closing of the financial year along with an annual return showing the amount collected and the expenditure incurred on collection of fee, including the administrative and management expenses.
(3) The Central Government shall by notification determine the administrative and management expenses which may be allowed to be deducted and retained by the executing authority.
### 8. Location of [fee plaza.]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
.
(1) The executing authority or the concessionaire, as the case may be, shall establish a [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
beyond a distance of ten kilometers from a municipal or local town area limits:
Provided that the executing authority may, for reasons to be recorded in writing, locate or allow the concessionaire to locate a [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
within a distance of ten kilometers of such municipal or local town area limits, but in no case within five kilometers of such municipal or local town area limits:
Provided further that where a section of the national highway, permanent bridge, by-pass or tunnel, as the case may be, is constructed within the municipal or town area limits or within five kilometers from such limits, primarily for use of the residents of such municipal or town area, the [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
may be established within the municipal or town area limits or within a distance of five kilometers from such limits.
(2) Any other [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
on the same section of national highway and in the same direction shall not be established within a distance of sixty kilometers:
Provided that where the executing authority deems necessary, it may for reasons to be recorded in writing, establish or allow the concessionaire to establish another [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
within a distance of sixty kilometers:
Provided further that a [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
may be established within a distance of sixty kilometers from another [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
if such [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
is for collection of fee for a permanent bridge, by-pass or tunnel.
### 9. Discounts.
(1) The executing authority or the concessionaire, as the case may be, shall upon request provide a pass for multiple journeys to cross a [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
within the specified period at the rates specified in sub-rule (2) of rule 9.
(2) A driver, owner or person in charge of a mechanical vehicle who makes use of the section of national highway, permanent bridge, by-pass or tunnel, may opt for such pass and he or she shall have to a pay the fee in accordance with the following rates, namely:--
| | | |
| --- | --- | --- |
|
Amount payable
|
Maximum number of one way journeys allowed
|
Period of validity
|
|
One and half times of the fee for one way journey
|
Two
|
Twenty-four hour from the time of payment
|
|
Two-third of amount o the fee payable for fifty single journeys
|
Fifty
|
One month from date of Payment
|
(3) A person who owns a mechanical vehicle registered for non-commercial purposes and uses it as such for commuting on a section of national highway, permanent bridge, by-pass or tunnel, may obtain a pass, on payment of fee at the base rate for the year 2007-2008 of Rupees One hundred and fifty per calendar month and revised annually in accordance with rule 5, authorising it to cross the [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
specified in such pass:
Provided that such pass shall be issued only if such driver, owner or person in charge of such mechanical vehicle resides within a distance of twenty kilometers from the [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
specified by such person and the use of such section of national highway, permanent bridge, by-pass or tunnel, as the case may be, does not extend beyond the [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
next to the specified [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
:
Provided further that no such pass shall be issued if a service road or alternative road is available for use by such driver, owner or person in charge of a mechanical vehicle.
(3A)
[ A person, who owns a commercial vehicle (excluding vehicle plying under National Permit), registered with address on the Registration Certificate of a particular district and uses such vehicle for commuting on a section of the National Highway, permanent bridge, tunnel or bypass, as the case may be. which is located within that district, shall be levied user fee on all [fee plaza]
[Inserted by Notification No. G.S.R. 15(E) , dated 12.1.2011.]
which arc located within that district. at the rate of fifty percent of the prescribed rate of fee:
Provided that no such concession shall be provided, if a service road or alternative road is available for use by such commercial vehicles.]
(4) No pass shall be issued or fee collected from a driver, owner or person in charge of a mechanical vehicle that uses part of the section of a national highway and does not cross a [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
.
### 10. Rate of fee for overloading.
- [(1) Without prejudice to the liability of the driver or owner or a person in charge of a mechanical vehicle under any law for the time being in force, a mechanical vehicle which is loaded in excess of permissible [maximum gross vehicle weight in respect of such vehicle]
[Substituted by Notification No. G.S.R. 778(E) , dated 16.12.2013 (w.e.f. 5.12.2008).]
shall not be permitted to use the National Highway or crossing the toll [fee plaza]
[Substituted 'plaza' by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
until the excess load has been removed from such mechanical vehicle.
(1A)
[ The driver or owner or person in charge of a mechanical vehicle shall be liable to pay fee, for entering the overloaded vehicle on the national highway, to the user fee collecting agency, equal to fees as follows: -
| | | |
| --- | --- | --- |
|
Percentage of excess load over Maximum
Permissible Gross Vehicular Weight
|
Multiplying factor to base rate of fees
|
Fees
|
|
(1) |
(2) |
(3) |
|
0% to 20%
|
Two
|
[(Fees applicable for such category of
mechanical vehicle under sub-rule (2) of rule 4) X (Multiplying
factor) ]
|
|
>20% to 40%
|
Four
|
|
>40% to 60%
|
Six
|
|
>60% to 80%
|
Eight
|
|
>80% and above
|
Ten]
|
[Substituted by Notification No. G.S.R. 920(E) , dated 25.9.2018 (w.e.f. 5.12.2008).]
]
[This proviosion shall be applicable on all Toll plazas.]
[Inserted by Notification No. G.S.R. 02(E) , dated 29.12.2014 (w.e.f. 5.12.2008).]
(2) The weight of a mechanical vehicle, as recorded at a weighbridge installed at the [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
, shall be the basis for levying the fee for overloading under this rule:
Provided that where no weigh bridge has been installed at the [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
, no fee for overloading shall be levied and collected under this rule and the driver, owner or person in charge of the mechanical vehicle shall be liable to pay fee applicable for such vehicle only.
[11. Exemption from payment of fee. - [\* \* \*]
[Substituted by Notification No. G.S.R. 950(E) , dated 3.12.2010 (w.e.f. 5.12.2008)]
No fee shall be levied and collected from a mechanical vehicle, -
(a) transporting and accompanying-
(i) the President of India;
(ii) the Vice-President of India;
(iii) the Prime-Minister of India;
(iv) the Governor of a State;
(v) the Chief Justice of India;
(vi) the Speaker of the House of People;
(vii) the Cabinet Minister of the Union;
(viii) the Chief Minister of a state;
(ix) the Judge of the Supreme Court;
(x) the Minister of State of the Union;
(xi) the Lieutenant Governor of a Union territory;
(xii) the Chief of Staff holding the rank of full General or equivalent rank;
(xiii) the Chairman of the Legislative Council of a State;
(xiv) the Speaker of the Legislative Assembly of a State;
(xv) the Chief Justice of a High Court;
(xvi) the Judge of a High Court;
(xvii) the Member of Parliament;
(xviii) the Army Commander or Vice-Chief of Army Staff and equivalent in other services;
(xix) the Chief Secretary to a State Government within concerned State;
(xx) the Secretary to the Government of India;
(xxi) the Secretary, Council of States;
(xxii) the Secretary, House of People;
(xxiii) the Foreign dignitary on State visit;
(xxiv) The Member of Legislative Assembly of a State and the Member of Legislative Council of a State within their respective State, if he or she produces his or her identity card issued by the concerned Legislature of the State;
(xxv) the awardee of Param Vir Chakra, Ashok Chakra, Maha Vir Chakra, Kirti Chakra, Vir Chakra and Shaurya Chakra, if such awardee produces his or her photo identity card duly authenticated by the appropriate or competent authority for such award;
(b) used for official purposes by -
(i) the Ministry of Defence including those which are eligible for exemption in accordance with the provisions of the Indian Toll (Army and Air Force) Act, 1901 and rules made thereunder, as extended to Navy also;
(ii) the Central and State armed forces in uniform including para military forces and police;
(iii) an executive Magistrate;
(iv) the fire-fighting Department or organisation;
(v) the National Highways Authority of India or any other Government organisation using such vehicle for inspection, survey, construction or operation of national highways and maintenance thereof;
(c) used as ambulance; and
(d) used as funeral van.]
(e) [ specially designed and constructed for use of a person suffering from some physical defect or disability.]
[Inserted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
### 12. Display of information.
(1) The executing authority or the concessionaire, as the case may be, shall publish a notice specifying the amount of fee to be charged from the mechanical vehicle, in at least one Newspaper, each in English and vernacular language, having a wide circulation in such area.
(2) The executing authority shall prominently display in Hindi and English one thousand meters ahead of the [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
and in English and local language five hundred meters ahead of the [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
,--
(i) the amount of fee payable for each class of vehicles and the discounts available under rule 9;
(ii) the categories of vehicles exempted from payment of fee; and
(iii) the name, address and telephone or contact number of the executing authority or the concessionaire, as the case may be.
(3) The height of the display boards, their quality and size of lettering shall be clearly visible and legible to the users.
### 13. Unauthorised collection.
(1) An officer authorised by the Central Government or by the executing authority, as the case may be, may assess the excess fee collected, if any, by the executing authority or the concessionaire, as the case may be, and recover the same from such authority or concessionaire, along with an additional sum equal to twenty-five per cent of the excess fee collected :
Provided that no recovery of such excess fee shall be made unless an opportunity of hearing has been given to the executing authority or concessionaire, as the case may be.
(2) Any driver, owner or person in charge of a mechanical vehicle aggrieved by unauthorised collection of fee, may lodge a complaint with the officer authorised by the Central Government or the executing authority, as the case may be, in this behalf, who shall after hearing the parties pass an order on such complaint for refund of excess payment and damages for the inconvenience suffered by such user within thirty days.
### 14. Failure to pay fee.
(1) If any driver, owner or person in charge of a mechanical vehicle does not pay or refuses to pay the fee for use of national highway, permanent bridge, by-pass or tunnel, his or her vehicle shall not be allowed to use such section of national highway, permanent bridge, by-pass or tunnel and in case such vehicle obstructs the normal flow of traffic, the executing authority or the concessionaire, as the case may be, may get such obstructing vehicle removed from the national highway, permanent bridge, by-pass or tunnel, as the case may be.
(2) Where the driver or the person in charge of a mechanical vehicle refuses or fails to pay the fee levied under these rules, the same shall be recovered from the registered owner of the mechanical vehicle.
(3) Where the Central Government, executing authority or the concessionaire, as the case may be, has reason to believe that a mechanical vehicle is plying on a section of the national highway, permanent bridge, by-pass or tunnel without payment of fee due, it may stop such vehicle for the purpose of verifying the payment thereof and collect the fee due from such vehicle.
### 15. Power of Central Government to verify records.
- An officer duly authorised by the Central Government or the executing authority, as the case may be shall have the power to verify the collection of fee, and inspect any document, records, other information, receipts or reports of the executing authority or the concessionaire, as the case may be.
### 16. Collection of fee in respect of Private Investment Project.
(1) The fee levied under the provisions of sub-rule (3) of rule 3 shall be collected by the concessionaire till its agreement is in force.
(2) On and from the date of expiry of the agreement specified under sub-rule (3) of rule 3, the fee levied shall be collected by the Central Government or the executing authority, as the case may be.
### 17. Bar for installation of additional barrier.
- No barrier shall be installed at any place, other than at the [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
, except with the prior permission in writing of the Central Government or the executing authority, as the case may be, who after being satisfied that there is evasion of fee, may allow on such terms and conditions as it may impose, the installation of such additional barrier by the Central Government, the executing authority or the concessionaire, as the case may be, within ten kilometers from the [fee plaza]
[Substituted by Notification No. G.S.R. 585(E) , dated 8.6.2016 (w.e.f. 5.12.2008).]
, to check the evasion of fee:
Provided that the Central Government or the executing authority, as the case may be, may, at any time, for reasons to be recorded in writing, withdraw such permission:
Provided further that where the Central Government or the executing authority, as the case may be, do not allow installation of an additional barrier by the concessionaire, the reasons for such refusal shall be communicated to such concessionaire within a reasonable period.
|
65b948e1ab84c7eca86e8cae | acts |
State of Chattisgarh - Act
----------------------------
Chhattisgarh Family Courts Rules, 2007
----------------------------------------
CHHATTISGARH
India
Chhattisgarh Family Courts Rules, 2007
========================================
Rule CHHATTISGARH-FAMILY-COURTS-RULES-2007 of 2007
----------------------------------------------------
* Published on 30 October 2007
* Commenced on 30 October 2007
Chhattisgarh Family Courts Rules, 2007
Published vide Notification No. 9338/D-4104/21-B/C.G./07, dated 30.10.2007
Last Updated 14th October, 2019
No. 9338/D-4104/XXI-B/C.G./07. - In exercise of the powers conferred by Section 23 of the Family Courts Act, 1984 (No. 66 of 1984), the State Government of Chhattisgarh after consultation with the High Court of Chhattisgarh makes following rules, namely : -
### 1. Short title, extent and commencement.
- (i) These rules may be called "The Chhattisgarh Family Courts Rules, 2007".
(ii) They shall extend to whole of the State of Chhattisgarh.
(iii) They shall come into force with effect from the date of publication in the "Chhattisgarh Gazette".
### 2. Definitions.
- In these rules unless the context otherwise requires : -
(a) "Act" means the Family Court Act, 1984 (No. 66 of 1984);
(b) "Family Court" means the Court established under Section 3 of the said Act;
(c) "Government" means the Government of Chhattisgarh;
(d) "High court" means the High Court of Chhattisgarh;
(e) "Judge" means the Judge appointed under sub-section (1) of Section 4 of the Act and includes a Principal Judge or Additional Principal Judge of the Family Court;
(f) All other words and expressions not defined in these rules shall have the same meaning as assigned to them in the said Act.
### 3. Service Conditions of the Judge of Family Court.
(1) The term of the office of the Judge of Family Court shall be the term for which he is recommended for appointment by High Court or till his retirement from service under the relevant service rules, whichever is earlier.
(2) The Judge of a Family Court shall be under the administrative and disciplinary control of the High Court.
(3) A Judge of a Family Court shall be entitled to pay and allowances including travelling allowances, dearness allowance as admissible to a District Judge, who is drawing Super Time pay scale.
(4) A serving member of the Chhattisgarh Judicial Service appointed as a Judge or Principal Judge or Additional Principal Judge of a Court being superannuated on attaining the age of superannuation during his tenure as such Judge shall receive pay and allowances which he last drawn minus pension, if any.
### 4. Association of Social Welfare Agencies.
(1) Every Principal Judge of the Family Court shall for the association with it, in consultation with the High Court and State Government maintain in respect of its area a register or registers and records therein the name of: -
(i) institutions and organizations engaged in Social Welfare, Family, Matrimonial and allied matters and the representatives thereof;
(ii) persons professionally engaged in promoting the welfare of families; and
(iii) persons working in the field of social welfare.
(2) Subject to sub-rule (1), the Principal Judge of the Family Court may record such names after obtaining the written consent of the institution, organization or person, as the case may be, on its own motion or on its/his application.
### 5. Counselling Centre.
(1) There shall be a Counselling Centre attached to the Family Court to be known as Family Court Counselling Centre.
(2) The Counselling Centre shall be located in the Family Court premises or at such other places as the High Court may direct.
### 6. Appointment of Counsellors.
- The Counsellors shall be appointed by the State Government from the Panel of Counsellors prepared by the Principal Judge of the Family Court and approved by the High Court:
Provided that no Counsellor shall continue after he attains the age of 65 years.
### 7. Number of Counsellors.
(1) The number and categories of Counsellor in each Counselling Centre shall be such as may be determined by the Government in consultation with the High Court from time to time.
(2) Where more than one Counsellors are appointed in Counselling Centre, one of them may be designated as Principal Counsellor by the High Court.
### 8. Qualification for Counsellor.
(1) Any person having a degree of a recognized University preferably with Social Science or Psychology as one of the subjects, or minimum experience of two years in social work, child psychiatry or family Counselling shall be eligible for appointment as a Counsellor :
Provided that the minimum academic qualification/minimum experience may be relaxed in exceptional circumstances by the State Government in consultation with the High Court.
Provided that preference may be given to women having equal requisite qualifications :
Provided further that a person shall not be eligible for appointment on the post of Counsellor unless he has attained the age of 35 years and is below 60 years of age.
(2) A candidate who : -
(a) has been a judge ; or
(b) has experience of Counselling in family matters shall other things being equal, be given preference in the matter of appointment.
### 9. Payment of Honorarium/fee to Counsellors.
(1) The Honorarium or fee admissible to persons employed as Counsellors shall be such as may be determined by the State Government from time to time.
(2) The Counsellors shall be entitled to the payment of Honorarium or fee at the minimum rate of Rs. 200/- (Rupees Two hundred) per case per sitting for reconciliation. The number of sittings restricted for each case should not be more than four. In any case, the total Honorarium or fee of a Counsellor shall not exceed Rs. 600/- (Rupees Six hundred) per day.
### 10. Function of Counsellor.
(1) The Counsellor, entrusted with any petition shall -
(i) attend the Court as and when required by the Judge of the Family Court;
(ii) aid and advise the parties regarding settlement of the subject matter of dispute or any other part thereof;
(iii) help the parties in reconciliation;
(iv) submit report or interim report, as the case may be fixed by the Court;
(v) perform such other functions as may be assigned to him by the family court from time to time.
(2) In performing his functions under sub-rule (1) the Counsellor shall be guided by such general or special directions as may be given by the Family Court from time to time.
### 11. Conditions of service of employees of a Family Court.
(1) The qualifications, procedure for recruitment of a Family Court shall be as of the employees of similar category in the Courts under control of District Judge and the rules relating thereto shall, mutatis mutandis, apply.
(2) Principal Judge of the concerned Family Court shall be the appointing authority and also head of the office.
### 12. Assistance of medical experts, welfare experts.
(1) Where the Family Court decides to secure the services of any expert or other person referred to in Section 12 of the Act, the Court shall indicate the exact point or points on which and the manner in which the service required is to be rendered.
(2) The expert or other person referred to in sub-rule (1) shall render the service and submit its report within such time as may be indicated in the order of the Family Court or within such expended time as may be given by the Court.
(3) The Family Court shall permit the parties to file objections against such report.
(4) The Court shall consider the report in deciding the dispute but shall not be found by it.
### 13. Travelling and other expenses payable to medical and other experts.
- If in the opinion of the Family Court, the assistance of an expert or other person referred to in Section 12 of the Act is necessary, but the party seeking such assistance does not have means to pay his fees and travelling and other expenses, the court may, suo moto or on the application of the party, direct the payment of such fees and expenses, out of the revenue of the State as specified below : -
| | | |
| --- | --- | --- |
|
|
(1) |
(2) |
|
(a) |
If the expert is Government Servant
|
Travelling expenses at the rates as admissible
to him in the service of the State Government.
|
|
(b) |
If the expert is not a Government Servant
|
Travelling expenses at the rates as admissible
to Class-I Officer of the State Government plus Rs. 500/-
(Rupees five hundred) as fees per day.
|
### 14. Amicus Curiae.
(1) The Family Court shall maintain a panel of legal experts including legal practitioners, willing to be appointed as amicus curiae.
(2) Where it appears to the Family Court that the assistance of a legal expert as amicus curiae is necessary in the interest of justice, the Court may appoint a legal expert from the said panel.
(3) The amicus curiae, appointed under sub-rule (2) may be paid by the Family Court out of revenues of the State, fees and expenses at the rates of Rupees Five Hundred per case or proceedings or as fixed by the Family Court not exceeding Rs. 5000/-(Rupees Five Thousand).
(4) The Family Court may remove the amicus curiae at any time, if it deems necessary in the interest of justice.
### 15. Termination of appointment of Counsellor.
- The appointment of a Counsellor may be terminated by the State Government at any time before the expiry of his term on the recommendation of the Judge of the Family Court.
|
65ba893fab84c7eca86ebf54 | acts |
Union of India - Act
----------------------
The Mental Health Act, 1987
-----------------------------
UNION OF INDIA
India
The Mental Health Act, 1987
=============================
Act 14 of 1987
----------------
* Published on 1 January 1987
* Commenced on 1 January 1987
The Mental Health Act, 1987
(14 of 1987)
### 051. Statement of Objects and Reasons.-The attitude of the society towards persons afflicted with mental illness has changed considerably and it is now realised that no stigma should be attached to such illness as it is curable, particularly, when diagnosed at an early stage. Thus, the mentally ill persons are to be treated like other sick persons and the environment around them should be made as normal as possible.
The experience of the working of the Indian Lunacy Act, 1912 has revealed that it has become outmoded. With the rapid advance of medical science and the understanding of the nature of the malady, it has become necessary to have fresh legislation with provisions for treatment of mentally ill persons in accordance with the new approach. Hence this Bill.
[22nd May, 1987]
An Act to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their property and affairs and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:
| |
| --- |
|
Brought into force on 1.4.1993.
|
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement
(1) This Act may be called The Mental Health Act, 1987.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act, and any reference in any provision to the commencement of this Act in a State shall be construed as a reference to the coming into force of that provision in that State.
### 2. Definitions
.In this Act, unless the context otherwise requires,
(a) cost of maintenance, in relation to a mentally ill person admitted in a psychiatric hospital or psychiatric nursing home, shall mean the cost of such items as the State Government may, by general or special order, specify in this behalf;
(b) District Court means, in any area for which there is a City Civil Court, that Court, and in any other area the Principal Civil Court of original jurisdiction, and includes any other Civil Court which the State Government may, by notification, specify as the Court competent to deal with all or any of the matters specified in this Act;
(c) Inspecting Officer means a person authorised by the State Government or by the licensing authority to inspect any psychiatric hospital or psychiatric nursing home;
(d) license means a license granted under section 8;
(e) licensee means the holder of a license;
(f) licensed psychiatric hospital or licensed psychiatric nursing home means a psychiatric hospital or psychiatric nursing home, as the case may be, licensed, or deemed to be licensed, under this Act;
(g) licensing authority means such officer or authority as may be specified by the State Government to be the licensing authority for the purposes of this Act;
(h) Magistrate means,
(1) in relation to a metropolitan area within the meaning of clause (k) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974), a Metropolitan Magistrate;
(2) in relation to any other area, the Chief Judicial Magistrate, Sub-Divisional Judicial Magistrate or such other Judicial Magistrate of the first class as the State Government may, by notification, empower to perform the functions of a Magistrate under this Act;
(i) medical officer means a gazetted medical officer in the service of Government and includes a medical practitioner declared, by a general or special order of the State Government, to be a medical officer for the purposes of this Act;
(j) medical officer in charge, in relation to any psychiatric hospital or psychiatric nursing home, means the medical officer who, for the time being, is in charge of that hospital or nursing home;
(k) medical practitioner means a person who possesses a recognised medical qualification as defined
(i) in clause (h) of section 2 of the Indian Medical Council Act, 1956 (
102 of 1956
), and whose name has been entered in a State Medical Register, as defined in clause (k) of that section;
(ii) in clause (h) of sub-section (1) of section 2 of the Indian Medicine Central Council Act, 1970
(48 of 1970), and whose name has been entered in a State Register of Indian Medicine, as defined in clause (j) of sub-section (1) of that section; and
(iii) in clause (g) of sub-section (1) of section 2 of the Homoeopathy Central Council Act, 1973 (59
of 1973), and whose name has been entered in a State Register of Homoeopathy, as defined in clause (i) of sub-section (1) of that section;
(l) mentally ill person means a person who is in need of treatment by reason of any mental disorder other than mental retardation;
(m) mentally ill prisoner means a mentally ill person for whose detention in, or removal to, a psychiatric hospital, psychiatric nursing home, jail or other place of safe custody, an order referred to in section 27
has been made;
(n) minor means a person who has not completed the age of eighteen years;
(o) notification means a notification published in the Official Gazette;
(p) prescribed means prescribed by rules made under this Act;
(q) psychiatric hospital or psychiatric nursing home means a hospital or, as the case may be, a nursing home established or maintained by the Government or any other person for the treatment and care of mentally ill persons and includes a convalescent home established or maintained by the Government or any other person for such mentally ill persons; but does not include any general hospital or general nursing home established or maintained by the Government and which provides also for psychiatric services;
(r) psychiatrist means a medical practitioner possessing a Post-graduate degree or diploma in psychiatry, recognised by the Medical Council of India, constituted under the Indian Medical Council Act, 1956 (102
of 1956), and includes, in relation to any State, any medical officer who, having regard to his knowledge and experience in psychiatry, has been declared by the Government of that State to be a psychiatrist for the purposes of this Act;
(s) reception order means an order made under the provisions of this Act for the admission and detention of a mentally ill person in a psychiatric hospital or psychiatric nursing home;
(t) relative includes any person related to the mentally ill person by blood, marriage or adoption;
(u) State Government, in relation to a Union territory, means the Administrator thereof.
Chapter II
Mental Health Authorities
-----------------------------------------
### 3. Central Authority for Mental Health Services
(1) The Central Government shall establish an Authority for mental health with such designation as it may deem fit.
(2) The Authority established under sub-section (1) shall be subject to the superintendence, direction and control of the Central Government.
(3) The Authority established under sub-section (1) shall
(a) be in charge of regulation, development, direction and co-ordination with respect to Mental Health Services under the Central Government and all other matters which, under this Act, are the concern of the Central Government or any officer or authority subordinate to the Central Government;
(b) supervise the psychiatric hospitals and psychiatric nursing homes and other Mental Health Service Agencies (including places in which mentally ill persons may be kept or detained) under the control of the Central Government;
(c) advise the Central Government on all matters relating to mental health; and
(d) discharge such other functions with respect to matters relating to mental health as the Central Government may require.
Explanation. For the purposes of this section and section 4, Mental Health Services include, in addition to psychiatric hospitals and psychiatric nursing homes, observation wards, day-care centres, inpatient treatment in general hospitals, ambulatory treatment facilities and other facilities, convalescent homes and half-way-homes for mentally ill persons.
### 4. State Authority for Mental Health Services
(1) The State Government shall establish an Authority for mental health with such designation as it may deem fit
(2) The Authority established under sub-section (1) shall be subject to the superintendence, direction and control of the State Government.
(3) The Authority established under sub-section (1) shall
(a) be in charge of regulation, development and co-ordination with respect to Mental Health Services under the State Government and all other matters which, under this Act, are the concern of the State Government or any officer or authority subordinate to the State Government;
(b) supervise the psychiatric hospitals and psychiatric nursing homes and other Mental Health Service Agencies (including places in which mentally ill persons may be kept or detained) under the control of the State Government;
(c) advise the State Government on all matters relating to mental health; and
(d) discharge such other functions with respect to matters relating to mental health as the State Government may require.
Chapter III
Psychiatric Hospitals And Psychiatric Nursing Homes
--------------------------------------------------------------------
### 5. Establishment or maintenance of psychiatric hospitals and psychiatric nursing homes
(1) The Central Government may, in any part of India, or the State Government may, within the limits of its jurisdiction, establish or maintain psychiatric hospitals or psychiatric nursing homes for the admission, treatment and care of mentally ill persons at such places as it thinks fit; and separate psychiatric hospitals and psychiatric nursing homes may be established or maintained for,
(a) those who are under the age of sixteen years;
(b) those who are addicted to alcohol or other drugs which lead to behavioural changes in a person;
(c) those who have been convicted of any offence; and
(d) those belonging to such other class or category of persons as may be prescribed.
(2) Where a psychiatric hospital or psychiatric nursing home is established or maintained by the Central Government, any reference in this Act to the State Government shall, in relation to such hospital or nursing home, be construed as a reference to the Central Government.
### 6. Establishment or maintenance of psychiatric hospitals or psychiatric nursing homes only with license
(1) On and after the commencement of this Act, no person shall establish or maintain a psychiatric hospital or psychiatric nursing home unless he holds a valid license granted to him under this Act:
Provided that a psychiatric hospital or psychiatric nursing home (whether called asylum or by any other name) licensed by the Central Government or any State Government and maintained as such immediately before the commencement of this Act may continue to be maintained, and shall be deemed to be a licensed psychiatric hospital or licensed psychiatric nursing home, as the case may be, under this Act,
(a) for a period of three months from such commencement, or
(b) if an application made in accordance with section 7 for a license is pending on the expiry of the period specified in clause (a), till the disposal of such application.
(2) Nothing contained in sub-section (1) shall apply to a psychiatric hospital or psychiatric nursing home established or maintained by the Central Government or a State Government.
### 7. Application for license
(1) Every person, who holds, at the commencement of this Act, a valid license authorising that person to establish or maintain any psychiatric hospital or psychiatric nursing home, shall, if the said person intends to establish or continue the maintenance of such hospital or nursing home after the expiry of the period referred to in clause (a) of the proviso to sub-section (1) of section 6, make, at least one month before the expiry of such period, an application to the licensing authority for the grant of a fresh license for the establishment or maintenance of such hospital or nursing home, as the case may be.
(2) A person, who intends to establish or maintain, after the commencement of this Act, a psychiatric hospital or psychiatric nursing home, shall, unless the said person already holds a valid license, make an application to the licensing authority for the grant of a license.
(3) Every application under sub-section (1) or sub-section (2) shall be in such form and be accompanied by such fee as may be prescribed.
### 8. Grant or refusal of license
.On receipt of an application under section 7, the licensing authority shall make such inquiries as it may deem fit and where it is satisfied that
(a) the establishment or maintenance of the psychiatric hospital or psychiatric nursing home or the continuance of the maintenance of any such hospital or nursing home established before the commencement of this Act is necessary;
(b) the applicant is in a position to provide the minimum facilities prescribed for the admission, treatment and care of mentally ill persons; and
(c) the psychiatric hospital or psychiatric nursing home, will be under the charge of a medical officer who is a psychiatrist,
it shall grant a license to the applicant in the prescribed form, and, where it is not so satisfied, the licensing authority shall, by order, refuse to grant the license applied for:
Provided that, before making any order refusing to grant a license, the licensing authority shall give to the applicant a reasonable opportunity of being heard and every order of refusal to grant a license shall set out therein the reasons for such refusal and such reasons shall be communicated to the applicant in such manner as may be prescribed.
### 9. Duration and renewal of license
(1) A license shall not be transferable or heritable.
(2) Where a licensee is unable to function as such for any reason or where a licensee dies, the licensee or, as the case may be, the legal representative of such licensee shall forthwith report the matter in the prescribed manner to the licensing authority and notwithstanding anything contained in sub-section (1), the psychiatric hospital or psychiatric nursing home concerned may continue to be maintained and shall be deemed to be a licensed psychiatric hospital or licensed psychiatric nursing home, as the case may be,
(a) for a period of three months from the date of such report or in the case of the death of the licensee from the date of his death, or
(b) if an application made in accordance with sub-section (3)
for a license is pending on the expiry of the period specified in clause (a) , till the disposal of such application.
(3) The legal representative of the licensee referred to in sub-section (2), shall, if he intends to continue the maintenance of the psychiatric hospital or psychiatric nursing home after the expiry of the period referred to in sub-section (2), make, at least one month before the expiry of such period, an application to the licensing authority for the grant of a fresh license for the maintenance of such hospital or nursing home, as the case may be, and the provisions of section 8 shall apply in relation to such application as they apply in relation to an application made under section 7.
(4) Every license shall, unless revoked earlier under section 11, be valid for a period of five years from the date on which it is granted.
(5) A license may be renewed, from time to time, on an application made in that behalf to the licensing authority, in such form and accompanied by such fee, as may be prescribed, and every such application shall be made not less than one year before the date on which the period of validity of the license is due to expire:
Provided that the renewal of a license shall not be refused unless the licensing authority is satisfied that
(i) the licensee is not in a position to provide in a psychiatric hospital or psychiatric nursing home, the minimum facilities prescribed for the admission, treatment and care therein of mentally ill persons; or
(ii) the licensee is not in a position to provide a medical officer who is a psychiatrist to take charge of the psychiatric hospital or psychiatric nursing home; or
(iii) the licensee has contravened any of the provisions of this Act or any rule made thereunder.
### 10. Psychiatric hospital and psychiatric nursing home to be maintained in accordance with prescribed conditions
.Every psychiatric hospital or psychiatric nursing home shall be maintained in such manner and subject to such conditions as may be prescribed.
### 11. Revocation of license
(1) The licensing authority may, without prejudice to any other penalty that may be imposed on the licensee, by order in writing, revoke the license if it is satisfied that
(a) the psychiatric hospital or psychiatric nursing home is not being maintained by the licensee in accordance with the provisions of this Act or the rules made thereunder; or
(b) the maintenance of the psychiatric hospital or psychiatric nursing home is being carried on in a manner detrimental to the moral, mental or physical well-being of the inpatients thereof:
Provided that no such order shall be made except after giving the licensee a reasonable opportunity of being heard, and every such order shall set out therein the grounds for the revocation of the license and such grounds shall be communicated to the licensee in such manner as may be prescribed.
(2) Every order made under sub-section (1) shall contain a direction that the inpatients of the psychiatric hospital or psychiatric nursing home shall be transferred to such other psychiatric hospital or psychiatric nursing home as may be specified in that order and it shall also contain such provisions (including provisions by way of directions) as to the care and custody of such inpatients pending such transfer.
(3) Every order made under sub-section (1) shall take effect,
(a) where no appeal has been preferred against such order under section 12, immediately on the expiry of the period prescribed for such appeal;
and
(b) where such appeal has been preferred and the same has been dismissed, from the date of the order of such dismissal.
### 12. Appeal
(1) Any person, aggrieved by an order of the licensing authority refusing to grant or renew a license, or revoking a license, may, in such manner and within such period as may be prescribed, prefer an appeal to the State Government:
Provided that the State Government may entertain an appeal preferred after the expiry of the prescribed period if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(2) Every appeal under sub-section (1) shall be made in such form and be accompanied by such fee as may be prescribed.
### 13. Inspection of psychiatric hospitals and psychiatric nursing homes and visiting of patients
(1) An Inspecting Officer may, at any time, enter and inspect any psychiatric hospital or psychiatric nursing home and require the production of any records, which are required to be kept in accordance with the rules made in this behalf, for inspection:
Provided that any personal records of a patient so inspected shall be kept confidential except for the purposes of sub-section (3) .
(2) The Inspecting Officer may interview in private any patient receiving treatment and care therein
(a) for the purpose of inquiring into any complaint made by or on behalf of such patient as to the treatment and care, or
(b) in any case, where the Inspecting Officer has reason to believe that any inpatient is not receiving proper treatment and care.
(3) Where the Inspecting Officer is satisfied that any inpatient in a psychiatric hospital or psychiatric nursing home is not receiving proper treatment and care, he may report the matter to the licensing authority and thereupon the licensing authority may issue such direction as it may deem fit to the medical officer in charge or the licensee of the psychiatric hospital, or, as the case may be, the psychiatric nursing home and every such medical officer in charge or licensee shall be bound to comply with such directions.
### 14. Treatment of out-patients
.Provision shall be made in every psychiatric hospital or psychiatric nursing home for such facilities as may be prescribed for the treatment of every mentally ill person, whose condition does not warrant his admission as an inpatient or who, for the time being, is not undergoing treatment as inpatient.
Chapter IV
Admission And Detention In Psychiatric Hospital Or
------------------------------------------------------------------
Psychiatric Nursing Home
Part I – Admission on voluntary basis
---------------------------------------
### 15. Request by major for admission as voluntary patient
.Any person (not being a minor), who considers himself to be a mentally ill person and desires to be admitted to any psychiatric hospital or psychiatric nursing home for treatment, may request the medical officer in charge for being admitted as a voluntary patient.
### 16. Request by guardian for admission of a ward
.Where the guardian of a minor considers such minor to be a mentally ill person and desires to admit such minor in any psychiatric hospital or psychiatric nursing home for treatment, he may request the medical officer in charge for admitting such minor as a voluntary patient.
### 17. Admission of, and regulation with respect to, voluntary patients
(1) On receipt of a request under section 15 or section 16, the medical officer in charge shall make such inquiry as he may deem fit within a period not exceeding twenty-four hours and if satisfied that the applicant or, as the case may be, the minor requires treatment as an inpatient in the psychiatric hospital or psychiatric nursing home, he may admit therein such applicant or, as the case may be, minor as a voluntary patient.
(2) Every voluntary patient admitted to a psychiatric hospital or psychiatric nursing home shall be bound to abide by such regulations as may be made by the medical officer in charge or the licensee of the psychiatric hospital or psychiatric nursing home.
### 18. Discharge of voluntary patients
(1) The medical officer in charge of a psychiatric hospital or psychiatric nursing home shall, on a request made in that behalf,
(a) by any voluntary patient; and
(b) by the guardian of the patient, if he is a minor voluntary patient,
discharge, subject to the provisions of sub-section (3) and within twenty-four hours of the receipt of such request, the patient from the psychiatric hospital or psychiatric nursing home.
(2) Where a minor voluntary patient who is admitted as an inpatient in any psychiatric hospital or psychiatric nursing home attains majority, the medical officer in charge of such hospital or nursing home shall, as soon as may be, intimate the patient that he has attained majority and that unless a request for his continuance as an inpatient is made by him within a period of one month of such intimation, he shall be discharged, and if, before the expiry of the said period, no request is made to the medical officer in charge for his continuance as an inpatient, he shall, subject to the provisions of sub-section (3), be discharged on the expiry of the said period.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), where the medical officer in charge of a psychiatric hospital or psychiatric nursing home is satisfied that the discharge of a voluntary patient under sub-section (1) or sub-section (2) will not be in the interest of such voluntary patient, he shall, within seventy-two hours of the receipt of a request under sub-section (1), or, if no request under sub-section (2) has been made by the voluntary patient before the expiry of the period mentioned in that sub-section, within seventy-two hours of such expiry constitute a Board consisting of two medical officers and seek its opinion as to whether such voluntary patient needs further treatment and if the Board is of the opinion that such voluntary patient needs further treatment in the psychiatric hospital or psychiatric nursing home, the medical officer shall not discharge the voluntary patient, but continue his treatment for a period not exceeding ninety days at a time.
Part II – Admission under special circumstances
-------------------------------------------------
### 19. Admission of mentally ill persons under certain special circumstances
(1) Any mentally ill person who does not, or is unable to, express his willingness for admission as a voluntary patient, may be admitted and kept as an inpatient in a psychiatric hospital or psychiatric nursing home on an application made in that behalf by a relative or a friend of the mentally ill person if the medical officer in charge is satisfied that in the interests of the mentally ill person it is necessary so to do:
Provided that no person so admitted as an inpatient shall be kept in the psychiatric hospital or psychiatric nursing home as an inpatient for a period exceeding ninety days except in accordance with the other provisions of this Act.
(2) Every application under sub-section (1) shall be in the prescribed form and be accompanied by two medical certificates, from two medical practitioners of whom one shall be a medical practitioner in the service of Government, to the effect that the condition of such mentally ill person is such that he should be kept under observation and treatment as an inpatient in a psychiatric hospital or psychiatric nursing home:
Provided that the medical officer, in charge of the psychiatric hospital or psychiatric nursing home concerned may, if satisfied that it is proper so to do, cause a mentally ill person to be examined by two medical practitioners working in the hospital or in the nursing home instead of requiring such certificates.
(3) Any mentally ill person admitted under sub-section (1) or his relative or friend may apply to the Magistrate for his discharge and the Magistrate may, after giving notice to the person at whose instance he was admitted to the psychiatric hospital or psychiatric nursing home and after making such inquiry as he may deem fit either allow or dismiss the application.
(4) The provisions of the foregoing sub-section shall be without prejudice to the powers exercisable by a Magistrate before whom the case of a mentally ill person is brought, whether under this section or under any other provision of this Act, to pass a reception order, if he is satisfied that it is necessary so to do in accordance with the relevant provisions of this Act.
Part III – Reception orders
-----------------------------
A. Reception Orders on Applications
### 20. Application for reception order
(1) An application for a reception order may be made by
(a) the medical officer in charge of a psychiatric hospital or psychiatric nursing home, or
(b) by the husband, wife or any other relative of the mentally ill person.
(2) Where a medical officer in charge of a psychiatric hospital or psychiatric nursing home in which a mentally ill person is undergoing treatment under a temporary treatment order is satisfied that
(a) the mentally ill person is suffering from mental disorder of such a nature and degree that his treatment in the psychiatric hospital or, as the case may be, psychiatric nursing home is required to be continued for more than six months, or
(b) it is necessary in the interests of the health and personal safety of the mentally ill person or for the protection of others that such person shall be detained in a psychiatric hospital or psychiatric nursing home,
he may make an application to the Magistrate within the local limits of whose jurisdiction the psychiatric hospital or, as the case may be, psychiatric nursing home is situated, for the detention of such mentally ill person under a reception order in such psychiatric hospital or psychiatric nursing home, as the case may be.
(3) Subject to the provisions of sub-section (5), the husband or wife of a person who is alleged to be mentally ill or, where there is no husband or wife, or where the husband or wife is prevented by reason of any illness or absence from India or otherwise from making the application, any other relative of such person may make an application to the Magistrate within the local limits of whose jurisdiction the said person ordinarily resides, for the detention of the alleged mentally ill person under a reception order in a psychiatric hospital or psychiatric nursing home.
(4) Where the husband or wife of the alleged mentally ill person is not the applicant, the application shall contain the reasons for the application not being made by the husband or wife and shall indicate the relationship of the applicant with the alleged mentally ill person and the circumstances under which the application is being made.
(5) No person,
(i) who is a minor, or
(ii) who, within fourteen days before the date of the application, has not seen the alleged mentally ill person,
shall make an application under this section.
(6) Every application under sub-section (3) shall be made in the prescribed form and shall be signed and verified in the prescribed manner and shall state whether any previous application had been made for inquiry into the mental condition of the alleged mentally ill person and shall be accompanied by two medical certificates from two medical practitioners of whom one shall be a medical practitioner in the service of Government.
### 21. Form and contents of medical certificates
.Every medical certificate referred to in sub-section (6) of section 20 shall contain a statement,
(a) that each of the medical practitioners referred to in that sub-section has independently examined the alleged mentally ill person and has formed his opinion on the basis of his own observations and from the particulars communicated to him; and
(b) that in the opinion of each such medical practitioner the alleged mentally ill person is suffering from mental disorder of such a nature and degree as to warrant the detention of such person in a psychiatric hospital or psychiatric nursing home and that such detention is necessary in the interests of the health and personal safety of that person or for the protection of others.
### 22. Procedure upon application for reception order
(1) On receipt of an application under sub-section (2) of section 20, the Magistrate may make a reception order, if he is satisfied that
(i) the mentally ill person is suffering from mental disorder of such a nature and degree that it is necessary to detain him in a psychiatric hospital or psychiatric nursing home for treatment; or
(ii) it is necessary in the interests of the health and personal safety of the mentally ill person or for the protection of others that he should be so detained, and a temporary treatment order would not be adequate in the circumstances of the case and it is necessary to make a reception order.
(2) On receipt of an application under sub-section (3) of section 20, the Magistrate shall consider the statements made in the application and the evidence of mental illness as disclosed by the medical certificates.
(3) If the Magistrate considers that there are sufficient grounds for proceeding further, he shall personally examine the alleged mentally ill person unless, for reasons to be recorded in writing, he thinks that it is not necessary or expedient to do so.
(4) If the Magistrate is satisfied that a reception order may properly be made forthwith, he may make such order, and if the Magistrate is not so satisfied, he shall fix a date for further consideration of the application and may make such inquiries concerning the alleged mentally ill person as he thinks fit.
(5) The notice of the date fixed under sub-section (4) shall be given to the applicant and to any other person to whom, in the opinion of the Magistrate, such notice shall be given.
(6) If the Magistrate fixes a date under sub-section (4) for further consideration of the application, he may make such order as he thinks fit, for the proper care and custody of the alleged mentally ill person pending disposal of the application.
(7) On the date fixed under sub-section (4), or on such further date as may be fixed by the Magistrate, he shall proceed to consider the application in camera, in the presence of
(i) the applicant;
(ii) the alleged mentally ill person (unless the Magistrate in his discretion otherwise directs);
(iii) the person who may be appointed by the alleged mentally ill person to represent him; and
(iv) such other person as the Magistrate thinks fit,
and if the Magistrate is satisfied that the alleged mentally ill person, in relation to whom the application is made, is so mentally ill that in the interests of the health and personal safety of that person or for the protection of others it is necessary to detain him in a psychiatric hospital or psychiatric nursing home for treatment, he may pass a reception order for that purpose and if he is not so satisfied, he shall dismiss the application and any such order may provide for the payment of the costs of the inquiry by the applicant personally or from out of the estate of the mentally ill person, as the Magistrate may deem appropriate.
(8) If any application is dismissed under sub-section (7), the Magistrate shall record the reasons for such dismissal and a copy of the order shall be furnished to the applicant.
B. Reception Orders on Production of Mentally Ill Persons Before Magistrate
### 23. Powers and duties of police officers in respect of certain mentally ill persons
(1) Every officer in charge of a police station,
(a) may take or cause to be taken into protection any person found wandering at large within the limits of his station whom he has reason to believe to be so mentally ill as to be incapable of taking care of himself, and
(b) shall take or cause to be taken into protection any person within the limits of his station whom he has reason to believe to be dangerous by reason of mental illness.
(2) No person taken into protection under sub-section (1) shall be detained by the police without being informed, as soon as may be, of the grounds for taking him into such protection, or where, in the opinion of the officer taking the person into protection, such person is not capable of understanding those grounds, without his relatives or friends, if any, being informed of such grounds.
(3) Every person who is taken into protection and detained under this section shall be produced before the nearest Magistrate within a period of twenty-four hours of taking him into such protection excluding the time necessary for the journey from the place where he was taken into such protection to the Court of the Magistrate and shall not be detained beyond the said period without the authority of the Magistrate.
### 24. Procedure on production of mentally ill person
(1) If a person is produced before a Magistrate under sub-section (3) of section 23, and if, in his opinion, there are sufficient grounds for proceeding further, the Magistrate shall
(a) examine the person to assess his capacity to understand,
(b) cause him to be examined by a medical officer, and
(c) make such inquiries in relation to such person as he may deem necessary.
(2) After the completion of the proceedings under sub-section (1), the Magistrate may pass a reception order authorising the detention of the said person as an inpatient in a psychiatric hospital or psychiatric nursing home,
(a) if the medical officer certifies such person to be a mentally ill person, and
(b) if the Magistrate is satisfied that the said person is a mentally ill person and that in the interests of the health and personal safety of that person or for the protection of others, it is necessary to pass such order:
Provided that if any relative or friend of the mentally ill person desires that the mentally ill person be sent to any particular licensed psychiatric hospital or licensed psychiatric nursing home for treatment therein and undertakes in writing to the satisfaction of the Magistrate to pay the cost of maintenance of the mentally ill person in such hospital or nursing home, the Magistrate shall, if the medical officer in charge of such hospital or nursing home consents, make a reception order for the admission of the mentally ill person into that hospital or nursing home and detention therein:
Provided further that if any relative or friend of the mentally ill person enters into a bond, with or without sureties for such amount as the Magistrate may determine, undertaking that such mentally ill person will be properly taken care of and shall be prevented from doing any injury to himself or to others, the Magistrate may, instead of making a reception order, hand him over to the care of such relative or friend.
### 25. Order in case of mentally ill person cruelly treated or not under proper care and control
(1) Every officer in charge of a police station, who has reason to believe that any person within the limits of his station is mentally ill and is not under proper care and control, or is ill-treated or neglected by any relative or other person having charge of such mentally ill person, shall forthwith report the fact to the Magistrate within the local limits of whose jurisdiction the mentally ill person resides.
(2) Any private person who has reason to believe that any person is mentally ill and is not under proper care and control, or is ill-treated or neglected by any relative or other person having charge of such mentally ill person, may report the fact to the Magistrate within the local limits of whose jurisdiction the mentally ill person resides.
(3) If it appears to the Magistrate, on the report of a police officer or on the report or information derived from any other person, or otherwise that any mentally ill person within the local limits of his jurisdiction is not under proper care and control, or is ill-treated or neglected by any relative or other person having the charge of such mentally ill person, the Magistrate may cause the mentally ill person to be produced before him, and summon such relative or other person who is, or who ought to be in charge of, such mentally ill person.
(4) If such relative or any other person is legally bound to maintain the mentally ill person, the Magistrate may, by order, require the relative or the other person to take proper care of such mentally ill person and where such relative or other person wilfully neglects to comply with the said order, he shall be punishable with fine which may extend to two thousand rupees.
(5) If there is no person legally bound to maintain the mentally ill person, or if the person legally bound to maintain the mentally ill person refuses or neglects to maintain such person, or if, for any other reason, the Magistrate thinks fit so to do, he may cause the mentally ill person to be produced before him and, without prejudice to any action that may be taken under sub-section (4), proceed in the manner provided in section 24 as if such person had been produced before him under sub-section (3) of section 23.
C. Further Provisions Regarding Admission and
Detention of Certain Mentally Ill Persons
### 26. Admission as inpatient after inquisition
.If any District Court holding an inquisition under Chapter VI regarding any person who is found to be mentally ill is of opinion that it is necessary so to do in the interests of such person, it may, by order, direct that such person shall be admitted and kept as an inpatient in a psychiatric hospital or psychiatric nursing home and every such order may be varied from time to time or revoked by the District Court.
### 27. Admission and detention of mentally ill prisoner
.An order under section 30 of the Prisoners Act, 1900 (3 of 1900), or under section 144 of the Air Force Act, 1950 (
45 of 1950
), or under section 145 of the Army Act, 1950 (
46 of 1950
), or under section 143 or section 144 of the Navy Act, 1957
(62 of 1957), or under section 330 or section 335 of the Code of Criminal Procedure, 1973 (2 of 1974), directing the reception of a mentally ill prisoner into any psychiatric hospital or psychiatric nursing home, shall be sufficient authority for the admission of such person in such hospital or, as the case may be, such nursing home or any other psychiatric hospital or psychiatric nursing home to which such person may be lawfully transferred for detention therein.
### 28. Detention of alleged mentally ill person pending report by medical officer
(1) When any person alleged to be a mentally ill person appears or is brought before a Magistrate under section 23 or section 25, the Magistrate may, by order in writing, authorise the detention of the alleged mentally ill person under proper medical custody in an observation ward of a general hospital or general nursing home or psychiatric hospital or psychiatric nursing home or in any other suitable place for such period not exceeding ten days as the Magistrate may consider necessary for enabling any medical officer to determine whether a medical certificate in respect of that alleged mentally ill person may properly be given under clause (a)
of sub-section (2) of section 24.
(2) The Magistrate may, from time to time, for the purpose mentioned in sub-section (1), by order in writing, authorise such further detention of the alleged mentally ill person for periods not exceeding ten days at a time as he may deem necessary:
Provided that no person shall be authorised to be detained under this sub-section for a continuous period exceeding thirty days in the aggregate.
### 29. Detention of mentally ill person pending his removal to psychiatric hospital or psychiatric nursing home
.Whenever any reception order is made by a Magistrate under section 22, section 24 or section 25, he may, for reasons to be recorded in writing, direct that the mentally ill person in respect of whom the order is made may be detained for such period not exceeding thirty days in such place as he may deem appropriate, pending the removal of such person to a psychiatric hospital or psychiatric nursing home.
D. Miscellaneous Provisions in Relation to Orders
under this Chapter
### 30. Time and manner of medical examination of mentally ill person
.Where any order under this Chapter is required to be made on the basis of a medical certificate, such order shall not be made unless the person who has signed the medical certificate, or where such order is required to be made on the basis of two medical certificates, the signatory of the respective certificates, has certified that he has personally examined the alleged mentally, ill person,
(i) in the case of an order made on an application, not earlier than ten clear days immediately before the date on which such application is made; and
(ii) in any other case, not earlier than ten clear days immediately before the date of such order:
Provided that where a reception order is required to be made on the basis of two medical certificates such order shall not be made unless the certificates show that the signatory of each certificate examined the alleged mentally ill person independently of the signatory of the other certificate.
### 31. Authority for reception order
.A reception order made under this Chapter shall be sufficient authority
(i) for the applicant or any person authorised by him, or
(ii) in the case of a reception order made otherwise than on an application, for the person authorised so to do by the authority making the order,
to take the mentally ill person to the place mentioned in such order or for his admission and treatment as an inpatient in the psychiatric hospital or psychiatric nursing home specified in the order or, as the case may be, for his admission and detention therein, or in any psychiatric hospital or psychiatric nursing home to which he may be removed in accordance with the provisions of this Act, and the medical officer in charge shall be bound to comply with such order:
Provided that in any case where the medical officer in charge finds accommodation in the psychiatric hospital or psychiatric nursing home inadequate, he shall, after according admission, intimate that fact to the Magistrate or the District Court which passed the order and thereupon the Magistrate or the District Court, as the case may be, shall pass such order as he or it may deem fit:
Provided further that every reception order shall cease to have effect
(a) on the expiry of thirty days from the date on which it was made, unless within that period, the mentally ill person has been admitted to the place mentioned therein, and
(b) on the discharge, in accordance with the provisions of this Act, of the mentally ill person.
### 32. Copy of reception order to be sent to medical officer in charge
.Every Magistrate or District Court making a reception order shall forthwith send a certified copy thereof together with copies of the requisite medical certificates and the statement of particulars to the medical officer in charge of the psychiatric hospital or psychiatric nursing home to which the mentally ill person is to be admitted.
### 33. Restriction as to psychiatric hospitals and psychiatric nursing homes into which reception order may direct admission
.No Magistrate or District Court shall pass a reception order for the admission as an inpatient to, or for the detention of any mentally ill person, in any psychiatric hospital or psychiatric nursing home outside the State in which the Magistrate or the District Court exercises jurisdiction:
Provided that an order for admission or detention into or in a psychiatric hospital or psychiatric nursing home situated in any other State may be passed if the State Government has, by general or special order and after obtaining the consent of the Government of such other State, authorised the Magistrate or the District Court in that behalf.
### 34. Amendment of order or document
.If, after the admission of any mentally ill person to any psychiatric hospital or psychiatric nursing home under a reception order, it appears that the order under which he was admitted or detained or any of the documents on the basis of which such order was made is defective or incorrect, the same may, at any time thereafter, be amended with the permission of the Magistrate or the District Court, by the person or persons who signed the same and upon such amendment being made, the order shall have effect and shall be deemed always to have had effect as if it had been originally made as so amended, or, as the case be, the documents upon which it was made had been originally furnished as so amended.
### 35. Power to appoint substitute for person upon whose application reception order has been made
(1) Subject to the provisions of this section the Magistrate may, by order in writing (hereinafter referred to as the order of substitution), transfer the duties and responsibilities under this Act, of the person on whose application a reception order was made, to any other person who is willing to undertake the same and such other person shall thereupon be deemed for the purposes of this Act to be the person on whose application the reception order was made and all references in this Act to the latter person shall be construed accordingly:
Provided that no such order of substitution shall absolve the person upon whose application the reception order was made or, if he is dead, his legal representatives, from any liability incurred before the date of the order of substitution.
(2) Before making any order of substitution, the Magistrate shall send a notice to the person on whose application the reception order was made, if he is alive, and to any relative of the mentally ill person who, in the opinion of the Magistrate, shall have notice.
(3) The notice under sub-section (2) shall specify the name of the person in whose favour it is proposed to make the order of substitution and the date (which shall be not less than twenty days from the date of issue of the notice) on which objections, if any, to the making of such order shall be considered.
(4) On the date specified under sub-section (3), or on any subsequent date to which the proceedings may be adjourned, the Magistrate shall consider any objection made by any person to whom notice was sent, or by any other relative of the mentally ill person, and shall receive all such evidence as may be produced by or on behalf of any such person or relative and after making such inquiry as the Magistrate may deem fit, make or refrain from making the order of substitution:
Provided that, if the person on whose application the reception order was made is dead and any other person is willing and is, in the opinion of the Magistrate, fit to undertake the duties and responsibilities under this Act of the former person, the Magistrate shall, subject to the provisions contained in the proviso to sub-section (1) , make an order to that effect.
(5) In making any substitution order under this section, the Magistrate shall give preference to the person who is the nearest relative of the mentally ill person, unless, for reasons to be recorded in writing the Magistrate considers that giving such preference will not be in the interests of the mentally ill person.
(6) The Magistrate may make such order for the payment of the costs of an inquiry under this section by any person or from out of the estate of the mentally ill person as he thinks fit.
(7) Any notice under sub-section (2) may be sent by post to the last known address of the person for whom it is intended.
### 36. Officers competent to exercise powers and discharge functions of Magistrate under certain sections
.In any area where a Commissioner of Police has been appointed, all the powers and functions of the Magistrate under sections 23, 24, 25 and 28 may be exercised or discharged by the Commissioner of Police and all the functions of an officer in charge of a police station under this Act may be discharged by any police officer not below the rank of an Inspector.
Chapter V
Inspection, Discharge, Leave Of Absence And
----------------------------------------------------------
Removal of Mentally Ill Persons
Part I – Inspection
---------------------
### 37. Appointment of Visitors
(1) The State Government or the Central Government, as the case may be, shall appoint for every psychiatric hospital and every psychiatric nursing home, not less than five Visitors, of whom at least one shall be a medical officer, preferably a psychiatrist and two social workers.
(2) The head of the Medical Services of the State or his nominee preferably a psychiatrist shall be an ex officio Visitor of all the psychiatric hospitals and psychiatric nursing homes in the State.
(3) The qualifications of persons to be appointed as Visitors under sub-section (1) and the terms and conditions of their appointment shall be such as may be prescribed.
### 38. Monthly inspection by Visitors
.Not less than three Visitors shall, at least once in every month, make a joint inspection of every part of the psychiatric hospital or psychiatric nursing home in respect of which they have been appointed and examine every minor admitted as a voluntary patient under section 17 and, as far as circumstances will permit, every other mentally ill person admitted therein and the order for the admission of, and the medical certificates relating to, every mentally ill person admitted subsequent to the joint inspection immediately preceding, and shall enter in a book kept for that purpose such remarks as they deem appropriate in regard to the management and condition of such hospital or nursing home and of the inpatients thereof:
Provided that the Visitors shall not be entitled to inspect any personal records of an inpatient which in the opinion of the medical officer in charge are confidential in nature:
Provided further that if any of the Visitors does not participate in the joint inspection of the psychiatric hospital or psychiatric nursing home in respect of which he was appointed a Visitor for three consecutive months, he shall cease to hold office as such Visitor.
### 39. Inspection of mentally ill prisoners
(1) Notwithstanding anything contained in section 38, where any person is detained under the provisions of section 144 of the Air Force Act, 1950 (
45 of 1950
), or section 145 of the Army Act, 1950 (
46 of 1950
), or section 143 or section 144 of the Navy Act, 1957 (
62 of 1957
), or section 330 or section 335 of the Code of Criminal Procedure, 1973 (2 of 1974),
(i) the Inspector-General of Prisons, where such person is detained in a jail; and
(ii) all or any three of the Visitors including at least one social worker appointed under sub-section (1) of section 37, where such person is detained in a psychiatric hospital or psychiatric nursing home,
shall, once in every three months, visit such person at the place where he is detained, in order to assess the state of mind of such person and make a report thereon to the authority under whose order such person is so detained.
(2) The State Government may empower any of its officers to discharge all or any of the functions of the Inspector-General of Prisons under sub-section (1).
(3) The medical officer in charge of a psychiatric hospital or psychiatric nursing home wherein any person referred to in sub-section (1) is detained, shall once in every six months, make a special report regarding the mental and physical condition of such person to the authority under whose order such person is detained.
(4) Every person who is detained in jail under the provisions of various Acts referred to in sub-section (1) shall be visited at least once in every three months by a psychiatrist, or, where a psychiatrist is not available, by a medical officer empowered by the State Government in this behalf and such psychiatrist or, as the case may be, such medical officer shall make a special report regarding the mental and physical condition of such person to the authority under whose order such person is detained.
Part II – Discharge
---------------------
### 40. Order of discharge by medical officer in charge
(1) Notwithstanding anything contained in Chapter IV, the medical officer in charge of a psychiatric hospital or psychiatric nursing home may, on the recommendation of two medical practitioners one of whom shall preferably by a psychiatrist, by order in writing, direct the discharge of any person, other than a voluntary patient detained or undergoing treatment therein as an inpatient, and such person shall thereupon be discharged from the psychiatric hospital or psychiatric nursing home:
Provided that no order under this sub-section shall be made in respect of a mentally ill prisoner otherwise than as provided in section 30 of the Prisoners Act, 1900 (3 of 1900), or in any other relevant law.
(2) Where any order of discharge is made under sub-section (1) in respect of a person who has been detained or is undergoing treatment as inpatient in pursuance of an order of any authority, a copy of such order shall be immediately forwarded to that authority by the medical officer in charge.
### 41. Discharge of mentally ill persons on application
(1) Any person detained in a psychiatric hospital or psychiatric nursing home under an order made in pursuance of an application made under this Act, shall be discharged on an application made in that behalf to the medical officer in charge by the person on whose application the order was made:
Provided that no person shall be discharged under this section if the medical officer in charge certifies in writing that the person is dangerous and unfit to be at large.
### 42. Order of discharge on the undertaking of relatives or friends, etc., for due care of mentally ill person
(1) Where any relative or friend of a mentally ill person detained in a psychiatric hospital or psychiatric nursing home under section 22, section 24 or section 25 desires that such person shall be delivered over to his care and custody, he may make an application to the medical officer in charge who shall forward it together with his remarks thereon to the authority under whose orders the mentally ill person is detained.
(2) Where an application is received under sub-section (1), the authority shall, on such relative or friend furnishing a bond, with or without sureties, for such amount as such authority may specify in this behalf, undertaking to take proper care of such mentally ill person, and ensuring that the mentally ill person shall be prevented from causing injury to himself or to others, make an order of discharge and thereupon the mentally ill person shall be discharged.
### 43. Discharge of person on his request
(1) Any person (not being a mentally ill prisoner) detained in pursuance of an order made under this Act who feels that he has recovered from his mental illness, may make an application to the Magistrate, where necessary under the provisions of this Act, for his discharge from the psychiatric hospital or psychiatric nursing home.
(2) An application made under sub-section (1) shall be supported by a certificate either from the medical officer in charge of the psychiatric hospital or psychiatric nursing home where the applicant is undergoing treatment or from a psychiatrist.
(3) The Magistrate may, after making such inquiry as he may deem fit, pass an order discharging the person or dismissing the application.
### 44. Discharge of person subsequently found on inquisition to be of sound mind
.If any person detained in a psychiatric hospital or psychiatric nursing home in pursuance of a reception order made under this Act is subsequently found, on an inquisition held in accordance with the provisions of Chapter VI, to be of sound mind or capable of taking care of himself and managing his affairs, the medical officer in charge shall forthwith, on the production of a copy of such finding duly certified by the District Court, discharge such person from such hospital or nursing home.
Part III – Leave of absence
-----------------------------
### 45. Leave of absence
(1) An application for leave of absence on behalf of any mentally ill person (not being a mentally ill prisoner) undergoing treatment as an inpatient in any psychiatric hospital or psychiatric nursing home may be made to the medical officer in charge,
(a) in the case of a person who was admitted on the application of the husband or wife, by the husband or wife of such mentally ill person, or where by reason of mental or physical illness, absence from India or otherwise, the husband or wife is not in a position to make such application, by any other relative of the mentally ill person duly authorised by the husband or wife, or
(b) in the case of any other person, by the person on whose application the mentally ill person was admitted:
Provided that no application under this sub-section shall be made by a person who has not attained the age of majority.
(2) Every application under sub-section (1) shall be accompanied by a bond, with or without sureties for such amount as the medical officer in charge may specify, undertaking
(i) to take proper care of the mentally ill person,
(ii) to prevent the mentally ill person from causing injury to himself or to others, and
(iii) to bring back the mentally ill person to the psychiatric hospital or, as the case may be, psychiatric nursing home, on the expiry of the period of leave.
(3) On receipt of an application under sub-section (1), the medical officer in charge may grant leave of absence to the mentally ill person for such period as the medical officer in charge may deem necessary and subject to such conditions as may, in the interests of the health and personal safety of the mentally ill person or for the protection of others, be specified in the order:
Provided that the total number of days for which leave of absence may be granted to a patient under this sub-section shall not exceed sixty days.
(4) Where the mentally ill person is not brought back to the psychiatric hospital or psychiatric nursing home on the expiry of the leave granted to him under this section, the medical officer in charge shall forthwith report that fact to the Magistrate within the local limits of whose jurisdiction such hospital or nursing home is situate and the Magistrate may, after making such inquiry as he may deem fit, make an order directing him to be brought back to the psychiatric hospital or psychiatric nursing home, as the case may be.
(5) Nothing contained in this section shall apply to a voluntary patient referred to in section 15 or section 16 and the provisions of section 18 shall apply to him.
### 46. Grant of leave of absence by Magistrate
(1) Where the medical officer in charge refuses to grant leave of absence to a mentally ill person under section 45, the applicant may apply to the Magistrate within the local limits of whose jurisdiction the psychiatric hospital or psychiatric nursing home wherein the mentally ill person is detained is situate, for the grant of leave of absence to the mentally ill person and the Magistrate may, if he is satisfied that it is necessary so to do, and on the applicant entering into a bond in accordance with the provisions of sub-section (2), by order, grant leave of absence to the mentally ill person for such period and subject to such conditions as may be specified in the order.
(2) Every bond referred to in sub-section (1) shall be with or without sureties and for such amount as the Magistrate may decide and shall contain the undertaking referred to in sub-section (2) of section 45.
(3) The Magistrate shall forward a copy of his order to the medical officer in charge and on receipt of such order the medical officer in charge shall entrust the mentally ill person to the person on whose application the leave of absence was granted under this section.
Part IV – Removal
-------------------
### 47. Removal of mentally ill person from one psychiatric hospital or psychiatric nursing home to any other psychiatric hospital or psychiatric nursing home
(1) Any mentally ill person other than a voluntary patient referred to in section 15 or section 16 may, subject to any general or special order of the State Government, be removed from any psychiatric hospital or psychiatric nursing home to any other psychiatric hospital or psychiatric nursing home within the State, or to any other psychiatric hospital or psychiatric nursing home in any other State with the consent of the Government of that other State:
Provided that no mentally ill person admitted to a psychiatric hospital or psychiatric nursing home under an order made in pursuance of an application made under this Act shall be so removed unless intimation thereof has been given to the applicant.
(2) The State Government may make such general or special order as it thinks fit directing the removal of any mentally ill prisoner from the place where he is for the time being detained, to any psychiatric hospital, psychiatric nursing home, jail or other place of safe custody in the State or to any psychiatric hospital, psychiatric nursing home, jail or other place of safe custody in any other State with the consent of the Government of that other State.
### 48. Admission, detention and re-taking in certain cases
.Every person brought into a psychiatric hospital or psychiatric nursing home under any order made under this Act, may be detained or, as the case may be, admitted as an inpatient therein until he is removed or is discharged under any law, and in case of his escape from such hospital or nursing home he may, by virtue of such order, be re-taken by any police officer or by the medical officer in charge or any officer or servant of such hospital or nursing home, or by any other person authorised in that behalf by the medical officer in charge, and conveyed to, and received and detained or, as the case may be, kept as an inpatient in such hospital or nursing home:
Provided that in the case of a mentally ill person (not being a mentally ill prisoner) the power to retake as aforesaid under this section shall not be exercisable after the expiry of a period of one month from the date of his escape.
### 49. Appeal from orders of Magistrate
.Any person aggrieved by any order of a Magistrate, passed under any of the foregoing provisions may, within sixty days from the date of the order, appeal against that order to the District Court within the local limits of whose jurisdiction the Magistrate exercised the powers, and the decision of the District Court on such appeal shall be final.
Chapter VI
Judicial Inquisition Regarding Alleged Mentally Ill Person Possessing Property, Custody Of His Person And Management Of His Property
----------------------------------------------------------------------------------------------------------------------------------------------------
### 50. Application for judicial inquisition
(1) Where an alleged mentally ill person is possessed of property, an application for holding an inquisition into the mental condition of such person may be made either
(a) by any of his relatives, or
(b) by a public curator appointed under the Indian Succession Act, 1925 (
39 of 1925
), or
(c) by the Advocate-General of the State in which the alleged mentally ill person resides, or
(d) where the property of the alleged mentally ill person comprises land or interest in land, or where the property or part thereof is of such a nature as can lawfully be entrusted for management to a Court of Wards established under any law for the time being in force in the State, by the Collector of the District in which such land is situate,
to the District Court within the local limits of whose jurisdiction the alleged mentally ill person resides.
(2) On receipt of an application under sub-section (1), the District Court shall, by personal service or by such other mode of service as it may deem fit, serve a notice on the alleged mentally ill person to attend at such place and at such time as may be specified in the notice or shall, in like manner, serve a notice on the person having the custody of the alleged mentally ill person to produce such person at the said place and at the said time, for being examined by the District Court or by any other person from whom the District Court may call for a report concerning the mentally ill person:
Provided that, if the alleged mentally ill person is a woman, who according to the custom prevailing in the area where she resides or according to the religion to which she belongs, ought not to be compelled to appear in public, the District Court may cause her to be examined by issuing a commission as provided in the Code of Civil Procedure, 1908 (5 of 1908).
(3) A copy of the notice under sub-section (2) shall also be served upon the applicant and upon any relative of the alleged mentally ill person or other person who, in the opinion of the District Court, shall have notice of judicial inquisition to be held by it.
(4) For the purpose of holding the inquisition applied for, the District Court may appoint two or more persons to act as assessors.
### 51. Issues on which finding should be given by District Court after inquisition
.On completion of the inquisition, the District Court shall record its findings on,
(i) whether the alleged mentally ill person is in fact mentally ill or not, and
(ii) where such person is mentally ill, whether he is incapable of taking care of himself and of managing his property, or incapable of managing his property only.
### 52. Provision for appointing guardian of mentally ill person and for manager of property
(1) Where the District Court records a finding that the alleged mentally ill person is in fact mentally ill and is incapable of taking care of himself and of managing his property, it shall make an order for the appointment of a guardian under section 53 to take care of his person and of a manager under section 54 for the management of his property.
(2) Where the District Court records a finding that the alleged mentally ill person is in fact mentally ill and is incapable of managing his property but capable of taking care of himself, it shall make an order under section 54 regarding the management of his property.
(3) Where the District Court records a finding that the alleged mentally ill person is not mentally ill, it shall dismiss the application.
(4) Where the District Court deems fit, it may appoint under sub-section (1) the same person to be the guardian and manager.
### 53. Appointment of guardian of mentally ill person
(1) Where the mentally ill person is incapable of taking care of himself, the District Court or, where a direction has been issued under sub-section (2) of section 54, the Collector of the District, may appoint any suitable person to be his guardian.
(2) In the discharge of his functions under sub-section (1), the Collector shall be subject to the supervision and control of the State Government or of any authority appointed by it in that behalf.
### 54. Appointment of manager for management of property of mentally ill person
(1) Where the property of the mentally ill person who is incapable of managing it is such as can be taken charge of by a Court of Wards under any law for the time being in force, the District Court shall authorise the Court of Wards to take charge of such property, and thereupon notwithstanding anything contained in such law, the Court of Wards shall assume the management of such property in accordance with that law.
(2) Where the property of the mentally ill person consists in whole or in part of land or of any interest in land which cannot be taken charge of by the Court of Wards, the District Court may, after obtaining the consent of the Collector of the District in which the land is situate, direct the Collector to take charge of the person and such part of the property or interest therein of the mentally ill person as cannot be taken charge of by the Court of Wards.
(3) Where the management of the property of the mentally ill person cannot be entrusted to the Court of Wards or to the Collector under sub-section (1) or sub-section (2), as the case may be, the District Court shall appoint any suitable person to be the manager of such property.
### 55. Appointment of manager by Collector .Where the property of a mentally ill person has been entrusted to the Collector by the District Court under sub-section (2) of section 54, he may, subject to the control of the State Government or of any authority appointed by it in that behalf, appoint any suitable person for the management of the property of the mentally ill person.
### 56. Manager of property to execute bond
.Every person who is appointed as the manager of the property of a mentally ill person by the District Court or by the Collector shall, if so required by the appointing authority, enter into a bond for such sum, in such form and with such sureties as that authority, may specify, to account for all receipts from the property of the mentally ill person.
### 57. Appointment and remuneration of guardians and managers
(1) No person, who is the legal heir of a mentally ill person shall be appointed under sections 53, 54 or 55 to be the guardian of such mentally ill person or, as the case may be, the manager of his property unless the District Court or, as the case may be, the Collector, for reasons to be recorded in writing, considers that such appointment is for the benefit of the mentally ill person.
(2) The guardian of a mentally ill person or the manager of his property or both appointed under this Act shall be paid, from out of the property of the mentally ill person, such allowance as the appointing authority may determine.
### 58. Duties of guardian and manager
(1) Every person appointed as a guardian of a mentally ill person or manager of his property, or of both, under this Act shall have the care of the mentally ill person or his property, or of both, and be responsible for the maintenance of the mentally ill person and of such members of his family as are dependent on him.
(2) Where the person appointed as guardian of a mentally ill person is different from the person appointed as the manager of his property, the manager of his property shall pay to the guardian of the mentally ill person such allowance as may be fixed by the authority appointing the guardian for the maintenance of the mentally ill person and of such members of his family as are dependent on him.
### 59. Powers of manager
(1) Every manager appointed under this Act shall, subject to the provisions of this Act, exercise the same powers in regard to the management of the property of the mentally ill person in respect of which he is appointed as manager, as the mentally ill person would have exercised as owner of the property had he not been mentally ill, and shall realise all claims due to the estate of the mentally ill person and pay all debts and discharge all liabilities legally due from that estate:
Provided that the manager shall not mortgage, create any charge on, or, transfer by sale, gift, exchange or otherwise, any immovable property of the mentally ill person or lease out any such property for a period exceeding five years, unless he obtains the permission of the District Court in that behalf.
(2) The District Court may, on an application made by the manager, grant him permission to mortgage, create a charge on, or, transfer by sale, gift, exchange or otherwise, any immovable property of the mentally ill person or to lease out any such property for a period exceeding five years, subject to such conditions or restrictions as that Court may think fit to impose.
(3) The District Court shall cause notice of every application for permission to be served on any relative or friend of the mentally ill person and after considering objections, if any, received from the relative or friend and after making such inquiries as it may deem necessary, grant or refuse permission having regard to the interests of the mentally ill person.
### 60. Manager to furnish inventory and annual accounts
(1) Every manager appointed under this Act shall, within a period of six months from the date of his appointment, deliver to the authority, which appointed him, an inventory of the immovable property belonging to the mentally ill person and of all assets and other movable property received on behalf of the mentally ill person, together with a statement of all claims due to and all debts and liabilities due by, such mentally ill person.
(2) Every such manager shall also furnish to the said appointing authority within a period of three months of the close of every financial year, an account of the property and assets in his charge, the sums received and disbursed on account of the mentally ill person and the balance remaining with him.
### 61. Managers power to execute conveyances under orders of District Court
.Every manager appointed under this Act, may in the name and on behalf of the mentally ill person,
(a) execute all such conveyances and instruments of transfers by way of sale, mortgage or otherwise of property of the mentally ill person as may be permitted by the District Court; and
(b) subject to the orders of the District Court, exercise all powers vested in that behalf in the mentally ill person, in his individual capacity or in his capacity as a trustee or as a guardian,
### 62. Manager to perform contracts directed by District Court
(1) Where the mentally ill person had, before his mental illness, contracted to sell or otherwise dispose of his property or any portion thereof, and if such contract is, in the opinion of the District Court, of such a nature as ought to be performed, the District Court may direct the manager appointed under this Act to perform such contract and to do such other acts in fulfilment of the contract as the Court considers necessary and thereupon the manager shall be bound to act accordingly.
### 63. Disposal of business premises
.Where a mentally ill person had been engaged in business before he became mentally ill, the District Court may, if it appears to be for the benefit of the mentally ill person to dispose of his business premises, direct the manager appointed under this Act in relation to the property of such person, to sell and dispose of such premises and to apply the sale proceeds thereof in such manner as the District Court may direct and thereupon the manager shall be bound to act accordingly.
### 64. Manager may dispose of leases
.Where a mentally ill person is entitled to a lease or underlease, and it appears to the manager appointed under this Act in relation to the property of such person that it would be for the benefit of the mentally ill person to dispose of such lease or underlease, such manager may, after obtaining the orders of the District Court, surrender, assign or otherwise dispose of such lease or underlease to such person for such consideration and upon such terms and conditions as the Court may direct.
### 65. Power to make order concerning any matter connected with mentally ill person
.The District Court may, on an application made to it by any person concerning any matter whatsoever connected with the mentally ill person or his property, make such order, subject to the provisions of this Chapter, in relation to that matter as in the circumstances it thinks fit.
### 66. Proceeding if accuracy of inventory or accounts is impugned
.If any relative of the mentally ill person or the Collector impugns, by a petition to the District Court, the accuracy of the inventory or statement referred to in sub-section (1) , or, as the case may be, any annual account referred to in sub-section (2), of section 60, the Court may summon the manager and summarily inquire into the matter and make such order thereon as it thinks fit:
Provided that the District Court may, in its discretion, refer such petition to any Court subordinate to it, or to the Collector in any case where the manager was appointed by the Collector and the petition is not presented by the Collector.
### 67. Payment into public treasury and investment of proceeds of estate
.All sums received by a manager on account of any estate in excess of what may be required for the current expenses of the mentally ill person or for the management of his property, shall be paid into the public treasury on account of the estate, and shall be invested from time to time in any of the securities specified in section 20 of the Indian Trusts Act, 1882 (
2 of 1882
), unless the authority which appointed him, for reasons to be recorded in writing, directs that, in the interests of the mentally ill person such sums be otherwise invested or applied.
### 68. Relative may sue for account
.Any relative of a mentally ill person may, with the leave of the District Court, sue for an account from any manager appointed under this Act, or from any such person after his removal from office or trust, or from his legal representative in the case of his death, in respect of any property then or formerly under his management or of any sums of money or other property received by him on account of such property.
### 69. Removal of managers and guardians
(1) The manager of the property of a mentally ill person may, for sufficient cause and for reasons to be recorded in writing, be removed by the authority which appointed him and such authority may appoint a new manager in his place.
(2) Any manager removed under sub-section (1) shall be bound to deliver the charge of all property of the mentally ill person to the new manager, and to account for all moneys received or disbursed by him.
(3) The District Court may, for sufficient cause, remove any guardian of a mentally ill person and appoint in his place a new guardian.
### 70. Dissolution and disposal of property of partnership on a member becoming mentally ill
(1) Where a person, being a member of a partnership firm, is found to be mentally ill, the District Court may, on the application of any other partner for the dissolution of partnership or on the application of any person who appears to that Court to be entitled to seek such dissolution, dissolve the partnership.
(2) Upon the dissolution under sub-section (1), or otherwise, in due course of law, of a partnership firm to which that sub-section applies, the manager appointed under this Act may, in the name and on behalf of the mentally ill person, join with the other partners in disposing of the partnership property upon such terms, and shall do all such acts for carrying into effect the dissolution of the partnership, as the District Court may direct.
### 71. Power to apply property for maintenance of mentally ill person without appointing manager in certain cases
(1) Notwithstanding anything contained in the foregoing provisions, the District Court may, instead of appointing a manager of the estate, order that in the case of cash, the cash and in the case of any other property, the produce thereof, shall be realised and paid or delivered to such person as may be appointed by the District Court in this behalf, to be applied for the maintenance of the mentally ill person and of such members of his family as are dependent on him.
(2) A receipt given by the person appointed under sub-section (1) shall be valid discharge to any person who pays money or delivers any property of the mentally ill person to the person so appointed.
### 72. Power to order transfer of stock, securities or shares belonging to mentally ill person in certain cases
.Where any stock or Government securities or any share in a company (transferable within India or the dividends of which are payable therein) is or are standing in the name of, or vested in a mentally ill person beneficially entitled thereto, or in the manager appointed under this Act or in a trustee for him, and the manager dies intestate, or himself becomes mentally ill, or is out of the jurisdiction of the District Court, or it is uncertain whether the manager is living or dead, or he neglects or refuses to transfer the stock, securities or shares, or to receive and pay over thereof the dividends to a new manager appointed in his place, within fourteen days after being required by the Court to do so, then the District Court may direct the company or Government concerned to make such transfer, or to transfer the same, and to receive and pay over the dividends in such manner as it may direct.
### 73. Power to order transfer of stock, securities or shares of mentally ill person residing out of India
.Where any stock or Government securities or share in a company is or are standing in the name of, or vested in, any person residing out of India, the District Court upon being satisfied that such person has been declared to be mentally ill and that his personal estate has been vested in a person appointed for the management thereof, according to the law of the place where he is residing, may direct the company or Government concerned to make such transfer of the stock, securities or shares or of any part thereof, to or into the name of the person so appointed or otherwise, and also to receive and pay over the dividends and proceeds, as the District Court thinks fit.
### 74. Power to apply property for mentally ill persons maintenance in case of temporary mental illness
.If it appears to the District Court that the mental illness of a mentally ill person is in its nature temporary, and that it is expedient to make provision for a temporary period, for his maintenance or for the maintenance of such members of his family as are dependent on him, the District Court may, in like manner as under section 71, direct his property or a sufficient part thereof to be applied for the purpose specified therein.
### 75. Action taken in respect of mentally ill person to be set aside if District Court finds that his mental illness has ceased
(1) Where the District Court has reason to believe that any person who was found to be mentally ill after inquisition under this Chapter has ceased to be mentally ill, it may direct any Court subordinate to it to inquire whether such person has ceased to be mentally ill.
(2) An inquiry under sub-section (1) shall, so far as may be, be conducted in the same manner as an inquisition conducted under this Chapter.
(3) If after an inquiry under this section, it is found that the mental illness of a person has ceased, the District Court shall order all actions taken in respect of the mentally ill person under this Act to be set aside on such terms and conditions as that Court thinks fit to impose.
### 76. Appeals
.An appeal shall lie to the High Court from every order made by a District Court under this Chapter.
### 77. Power of District Court to make regulations
.The District Court may, from time to time, make regulations for the purpose of carrying out the provisions of this Chapter.
Chapter VII
Liability To Meet Cost Of Maintenance Of Mentally
------------------------------------------------------------------
Ill Persons Detained in Psychiatric Hospital
or Psychiatric Nursing Home
### 78. Cost of maintenance to be borne by Government in certain cases
.The cost of maintenance of a mentally ill person detained as an inpatient in any psychiatric hospital or psychiatric nursing home shall, unless otherwise provided for by any law for the time being in force, be borne by the Government of the State wherein the authority which passed the order in relation to the mentally ill person is subordinate, if
(a) that authority which made the order has not taken an undertaking from any person to bear the cost of maintenance of such mentally ill person, and
(b) no provision for bearing the cost of maintenance of such a District Court under this Chapter.
### 79. Application to District Court for payment of cost of maintenance out of estate of mentally ill person or from a person legally bound to maintain him
(1) Where any mentally ill person detained in a psychiatric hospital or psychiatric nursing home has an estate or where any person legally bound to maintain such person has the means to maintain such person, the Government liable to pay the cost of maintenance of such person under section 78 or any local authority liable to bear the cost of maintenance of such mentally ill person under any law for the time being in force, may make an application to the District Court within whose jurisdiction the estate of the mentally ill person is situate or the person legally bound to maintain the mentally ill person and having the means therefor resides, for an order authorising it to apply the estate of the mentally ill person to the cost of maintenance or, as the case may be, directing the person legally bound to maintain the mentally ill person and having the means therefor to bear the cost of maintenance of such mentally ill person.
(2) An order made by the District Court under sub-section (1) shall be enforced in the same manner, shall have the same force and effect and be subject to appeal, as a decree made by such Court in a suit in respect of the property or person mentioned therein.
### 80. Persons legally bound to maintain mentally ill person not absolved from such liability
.Nothing contained in the foregoing provisions shall be deemed to absolve a person legally bound to maintain a mentally ill person from maintaining such mentally ill person.
Chapter VIII
Protection Of Human Rights Of Mentally Ill Persons
--------------------------------------------------------------------
### 81. . Mentally ill persons to be treated without violation of human rights.(1) No mentally ill person shall be subjected during treatment to any indignity (whether physical or mental) or cruelty.
(2) No mentally ill person under treatment shall be used for purposes of research, unless
(i) such research is of direct benefit to him for purposes of diagnosis or treatment; or
(ii) such person, being a voluntary patient, has given his consent in writing or where such person (whether or not a voluntary patient) is incompetent, by reason of minority or otherwise, to give valid consent, the guardian or other person competent to give consent on his behalf, has given his consent in writing, for such research.
(3) Subject to any rules made in this behalf under section 94 for the purpose of preventing vexatious or defamatory communications or communi-cations prejudicial to the treatment of mentally ill persons, no letters or other communications sent by or to a mentally ill persons under treatment shall be intercepted, detained or destroyed.
Chapter IX
Penalties And Procedure
---------------------------------------
### 82. Penalty for establishment or maintenance of psychiatric hospital or psychiatric nursing home in contravention of Chapter III
(1) Any person who establishes or maintains a psychiatric hospital or psychiatric nursing home in contravention of the provisions of Chapter III shall, on conviction, be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both, and in the case of a second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(2) Whoever, after conviction under sub-section (1), continues to maintain a psychiatric hospital or psychiatric nursing home in contravention of the provisions of Chapter IIi shall, on conviction, be punishable with fine which may extend to one hundred rupees, for every day after the first day during which the contravention is continued.
### 83. Penalty for improper reception of mentally ill person
.Any person who receives or detains or keeps a mentally ill person in a psychiatric hospital or psychiatric nursing home otherwise than in accordance with the provisions of this Act, shall, on conviction, be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with both.
### 84. Penalty for contravention of sections 60 and 69
.Any manager appointed under this Act to manage the property of a mentally ill person, who contravenes the provisions of section 60 or sub-section (2) of section 69, shall, on conviction, be punishable with fine which may extend to two thousand rupees and may be detained in a civil prison till he complies with the said provisions.
### 85. General provision for punishment of other offences
.Any person who contravenes any of the provisions of this Act or of any rule or regulation made thereunder, for the contravention of which no penalty is expressly provided in this Act, shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
### 86. 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 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 a body corporate and includes a firm or other association of individuals; and
(b) director, in relation to a firm, means a partner in the firm.
### 87. Sanction for prosecutions
.Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no Court shall take cognizance of any offence punishable under section 82, except with the previous sanction of the licensing authority.
Chapter X
Miscellaneous
----------------------------
### 88. Provision as to bonds
.The provisions of Chapter XXXIII of the Code of Criminal Procedure, 1973 (2 of 1974), shall, as far as may be, apply to bonds taken under this Act.
### 89. Report by medical officer
.The medical officer in charge of a psychiatric hospital or psychiatric nursing home shall, as soon as may be, after any mentally ill person detained therein has been discharged make a report in respect of his mental and physical condition to the authority under whose orders such person had been so detained.
### 90. Pension, etc., of mentally ill person payable by Government
(1) Where any sum is payable in respect of pay, pension, gratuity or any allowance to any person by any Government and the person to whom the sum is payable is certified by a Magistrate under this Act to be a mentally ill person, the officer under whose authority such sum would be payable, may pay to the person having charge of the mentally ill person so much of the said sum, as he thinks fit, having regard to the cost of maintenance of such person and may pay to such members of the family of the mentally ill person as are dependent on him for maintenance, the surplus, if any, or such part thereof, as he thinks fit, having regard to the cost of maintenance of such members.
(2) Where there is any further surplus amount available out of the funds specified in sub-section (1)
after making payments as provided in that sub-section, the Government shall hold the same to be dealt with as follows, namely:
(a) where the mentally ill person is certified to have ceased to be mentally ill by the District Court within the local limits of whose jurisdiction such person resides or is kept or detained, the whole of the surplus amount shall be paid back to that person;
(b) where the mentally ill person dies before payment, the whole of the surplus amount shall be paid over to those of his heirs who are legally entitled to receive the same;
(c) where the mentally ill person dies during his mental illness without leaving any person legally entitled to succeed to his estate, the whole of the surplus amount shall, with the prior permission of the District Court, be utilised for such charitable purpose as may be approved by the District Court.
(3) The Central Government or the State Government, as the case may be, shall be discharged of all liability in respect of any amounts paid in accordance with this section.
### 91. Legal aid to mentally ill person at State expense in certain cases
(1) Where a mentally ill person is not represented by a legal practitioner in any proceeding under this Act before a District Court or a Magistrate and it appears to the District Court or Magistrate that such person has not sufficient means to engage a legal practitioner, the District Court or Magistrate shall assign a legal practitioner to represent him at the expense of the State.
(2) Where a mentally ill person having sufficient means to engage a legal practitioner is not represented by a legal practitioner in any proceeding under this Act before a District Court or a Magistrate and it appears to the District Court or Magistrate, having regard to all the circumstances of the case, that such person ought to be represented by a legal practitioner, the District Court or Magistrate may assign a legal practitioner to represent him and direct the State to bear the expenses with respect thereto and recover the same from out of the property of such person.
(3) The High Court may, with the previous approval of the State Government, make rules providing for
(a) the mode of selecting legal practitioners for the purpose of sub-sections (1) and (2);
(b) the facilities to be allowed to such legal practitioners;
(c) the fees payable to such legal practitioners by the Government and generally for carrying out the purpose of sub-sections (1) and (2).
Explanation. In this section legal practitioner shall have the meaning assigned to it in clause (i) of section 2 of the Advocates Act, 1961 (25 of 1961).
### 92. Protection of action taken in good faith
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules, regulations or orders made thereunder.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of this Act or any rules, regulations or orders made thereunder.
### 93. Construction of reference to certain laws, etc
(1) Any reference in this Act to a law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.
(2) Any reference in this Act to any officer or authority shall, in relation to any area in which there is no officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the Central Government by notification.
### 94. Power of Central Government and State Government to make rules
(1) The Central Government may, by notification, make [rules]
[\*See the Central Mental Health Authority Rules, 1990 and the State Mental Health Rules, 1990.]
providing for the qualifications of persons who may be appointed as Mental Health Authority under section 3 and the terms and conditions subject to which they may be appointed under that section and all other matters relating to such authority.
(2) Subject to the provisions of sub-section (1), the State Government, with the previous approval of the Central Government may, by notification, make rules for carrying out the provisions of this Act:
Provided that the first rules shall be made by the Central Government by notification.
(3) In particular, and without prejudice to the generality of the foregoing power, rules made under sub-section (2) may provide for all or any of the following matters, namely:
(a) the qualifications of persons who may be appointed as Mental Health Authority and the terms and conditions subject to which they may be appointed under section 4 and all other matters relating to such authority;
(b) the class or category of persons for whom separate psychiatric hospitals and psychiatric nursing homes may be established and maintained under clause (d) of sub-section (1) of section 5;
(c) the form in which,
(i) an application may be made for grant or renewal of a license and the fee payable in respect thereof under section 7 or, as the case may be, section 9;
(ii) a license may be granted for the establishment or maintenance of a psychiatric hospital or a psychiatric nursing home under section 8;
(iii) an application may be made for a reception order under section 20;
(d) the manner in which an order refusing to grant, or revoking, a license shall be communicated under section 8 or, as the case may be, section 11;
(e) the manner in which a report may be made to the licensing authority under sub-section (2) of section 9;
(f) the minimum facilities referred to in the proviso to sub-section (5) of section 9, including,
(i) psychiatristpatient ratio;
(ii) other medical or para-medical staff;
(iii) space requirement;
(iv) treatment facilities; and
(v) equipment;
(g) the manner in which and the conditions subject to which a psychiatric hospital or psychiatric nursing home shall be maintained under section 10;
(h) the form and manner in which and the period within which an appeal against any order refusing to grant or renew a license or revoking a license shall be preferred and the fee payable in respect thereof under section 12;
(i) the manner in which records shall be maintained under sub-section (1) of section 13;
(j) the facilities to be provided under section 14 for the treatment of a mentally ill person as an outpatient;
(k) the manner in which application for a reception order shall be signed and verified under sub-section (6) of section 20;
(l) the qualifications of persons who may be appointed as Visitors and the terms and conditions on which they may be appointed, under section 37 and their functions;
(m) prevention of vexatious or defamatory communications and other matters referred to in sub-section (3) of section 81;
(n) any other matter which is required to be, or may be, prescribed.
### 95. Rules made by Central Government or the State Government to be laid before the Legislature
(1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.
### 96. Effect of Act on other laws
.The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force and to the extent of such inconsistency that other law shall be deemed to have no effect.
### 97. Power to remove difficulty
.If any difficulty arises in giving effect to the provisions of this Act in any State, the State Government may, by order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty:
Provided that no order shall be made under this section in relation to any State after the expiry of two years from the date on which this Act comes into force in that State.
### 98. Repeal and saving
(1) The Indian Lunacy Act, 1912 (
4 of 1912
)
and the Lunacy Act, 1977 (25 of 1977) are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under either of the said Acts shall, insofar 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 and shall continue in force until superseded by anything done or any action taken under this Act.
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65ba8033ab84c7eca86ebc15 | acts |
Union of India - Act
----------------------
The State Bank of India Administrator (Salary and Allowances) Rules, 2013
---------------------------------------------------------------------------
UNION OF INDIA
India
The State Bank of India Administrator (Salary and Allowances) Rules, 2013
===========================================================================
Rule THE-STATE-BANK-OF-INDIA-ADMINISTRATOR-SALARY-AND-ALLOWANCES-RULES-2013 of 2013
-------------------------------------------------------------------------------------
* Published on 11 July 2013
* Commenced on 11 July 2013
The State Bank of India Administrator (Salary and Allowances) Rules, 2013
Published vide Notification New Delhi, the 11th July, 2013
Ministry of Finance
(Department of Financial Services)
G.S.R. 476(E) . - In exercise of the powers conferred by sub-section (1) read with clause (e) of sub-section (2) of section 49 of the State Bank of India Act, 1955 (23 of 1955), the Central Government in consultation with the Reserve Bank, hereby makes the following rules, namely:-
### 1. Short title and commencement.
(1) These rules may be called the State Bank of India Administrator (Salary and Allowances) Rules, 2013.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires,-
(a) "Act" means the State Bank of India Act, 1955 (23 of 1955).
(b) "Administrator" means an Administrator appointed under sub-section (2) of section 24A of the Act;
(c) "Committee" means a Committee constituted under sub-section (5) of section 24A of the Act;
(d) "Form" means the form appended to these rules;
(e) "Member" means a member of the Committee constituted under subsection (5) of section 24A of the Act.
(2) All other words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.
### 3. Salary and Allowances.
(1) The Administrator shall be entitled to such salary and allowances as are available to a Secretary to the Government of India.
(2) A member shall be entitled to such salary and allowances as are available to a Joint Secretary to the Government of India:
Provided that the Central Government shall have the power to fix the salary and allowances of the Administrator or a member in a higher scale in any appropriate case:
Provided further that if a member is already in service under the Central Government or any local body or authority owned or controlled by the Central Government and is in receipt of salary from such Central Government, local body or authority, such member shall be paid such fee and allowances as may be determined by the Central Government for attending meetings of the Committee.
### 4. Residuary provision.
- Any matter relating to the conditions of service of the Administrator and the members with respect to which no express provision has been made in these rules shall be as may be determined by the Central Government.
### 5. Oaths of office and secrecy.
- The Administrator and every member shall, before entering upon his office, make a declaration of fidelity and secrecy in the Form appended to these rules.
Form
(See rule 5)
Declaration of Fidelity and Secrecy
I.........................................................................................................................do hereby declare that I will faithfully, truly and to the best of my skill and ability execute and perform the duties required of me as Administrator/ Member (as the case may be) of the State Bank and which properly relate to the office or position in the said State Bank held by me.
I further declare that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the State Bank or to the affairs of any person having any dealing with the State Bank; nor will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the State Bank and relating to the business of the State Bank or any information relating to or to the affairs of its constituents.
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65b9fa9dab84c7eca86ea5fd | acts |
State of West Bengal - Act
----------------------------
Kolkata Municipal Corporation Building Rules, 2009
----------------------------------------------------
WEST BENGAL
India
Kolkata Municipal Corporation Building Rules, 2009
====================================================
Act 8 of 2003
---------------
* Published on 9 September 2009
* Commenced on 9 September 2009
Kolkata Municipal Corporation Building Rules, 2009
Published vide Notification No. 450/MA10/C-4/3R-8 of 2003 dated Kolkata 09.09.2009
Last Updated 23rd December, 2019
No. 450/MA10/C-4/3R-8 of 2003. - In exercise of the power conferred by section 600, read with section 404 of the Kolkata Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980) (hereinafter referred to as the said Act,) the Governor is pleased hereby to make the following rules, previous publication as required by sub-section (1) of section 600 of the said Act.
Chapter - I Preliminary
### 1. Short title, application and commencement.
(1) These rules may be called The Kolkata Municipal Corporation Building Rules, 2009.
(2) They shall apply to all building activities in Kolkata other than activities referred to in section 450 of The Kolkata Municipal Corporation Act, 1980.
(3) They shall come into force on the 15th day of September, 2009.
### 2. Definitions.
- In these rules unless the context otherwise requires -
(1) "the Act" means The Kolkata Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980);
(2) "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 purposes of advertising or to give information regarding or to attract 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, building or is fixed to a wall, hoarding, frame, post, kiosk or structure or to the ground or to any post, fence or displayed in space or in screen;
(3) "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;
(4) "alteration" has the same meaning as in sub-section (3) of section 390;
(5) "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;
(6) "applicant" includes, the owner for the time being, his agents and the successors in interest of the applicant;
(7) "architect" means a person who is registered as an Architect by the Council of Architecture under the Architects Act, 1972;
(8) "balcony" means a horizontal projection with a handrail or balustrade or a parapet, to serve as passage or sitting out place;
(9) "basement or cellar" means the lower storey or stories of a building partly or wholly below ground level;
(10) "building plan" means a plan accompanying a notice for sanction or provisional sanction for erection, re-erection, addition to or alteration of a building;
(11) "building services" in relation to a building means lighting and ventilation, electrical and allied installations, air-conditioning, heating and mechanical ventilation, acoustics, sound insulation and noise control, installation of lifts and escalators, water supply, drainage and sanitation, gas supply, landscaping, signs and outdoor display structures, fire fighting and safety arrangements, solid waste management, electronic and telecommunication installations;
(12) "chajja or cornice" means a horizontal structure, overhanging, usually provided over external walls to provide protection from sun and rain;
(13) "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 or stay and flue pipe;
(14) "commencement of work" in relation to a building means the actual commencement of erection of a building including foundation work or re-erection or alteration, but mere excavation of earth or demolition of existing building shall not constitute commencement of work;
(15) "Corporation" means The Kolkata Municipal Corporation, established under the Act;
(16) "covered area" means the horizontal area covered by a building at any floor level but does not include the spaces exempted under these rules;
(17) "ground coverage" means the maximum area of the building footprint at the ground level, considering all horizontal projections in all floors, excluding the cornies, chajjas and architectural features projecting upto 0.6 m. from the outer building line;
(18) "carpet area" means the covered area of a building at any floor level, excluding the area of walls and structural members;
(19) "dangerous" in relation to a building means 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 or which has otherwise become dangerous to human life;
(20) "depth" in relation to a plot means the distance from the front to the rear line of the plot:
(21) "Development Plan" means the Land Use and Development Control Plan (LUDCP) for the Kolkata Municipal Corporation Area as approved by the Government of West Bengal under section 37(2) of the West Bengal Town and Country (Planning and Development) Act, 1979;
(23) "drainage" means the removal of any liquid by a system constructed for the purpose;
(24) "escalator" means a mechanical device to transport persons between two or more levels in an inclined direction by means of guided moving steps;
(25) "floor" means the lower surface in a storey after finishing on which one normally walks in a building, unless otherwise specifically mentioned;
(26) "floor area" means the covered area of a building at any floor level;
(27) "Floor Area Ratio" or the letters "F.A.R" (being the abbreviation of the whole words "Floor Area Ratio") mean the-quotient obtained by dividing the total floor area on all floors of a building by the area of the plot including the area of the water bodies, if any within the plot but not including the areas stipulated in (Rule 70(3)] as follows:
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| --- |
|
F.A.R. =| Total floor area on all floorsArea of the plot
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(28) "footing" means a foundation unit constructed in brick work masonry or concrete under the base of a wall or column for the purpose of distributing the load over an area required as per structural design;
(29) "garage" means a building or portion thereof designed and used for parking of motor driven or other vehicles;
(30) "Geo Technical Engineer" means a person with at least a Bachelors Degree in civil or construction engineering from a recognized university, institute or an equivalent engineering qualification recognized by the Government, having not less than five years? experience in planning and control of soil investigation work and formulation of basis for design and construction of different types of foundation and who has been empanelled by the Corporation as a Geo Technical Engineer under these rules;
(31) "Government" means the Government of West Bengal;
(31A)
'Green Building' means a structure created by using processes that are environmentally responsible and resource-efficient throughout a building's life-cycle i.e. from design, construction, operation, maintenance, renovation, and demolition. The same should be certified by the designated authorities or agencies notified by Municipal Affairs Department, Government of West Bengal;
(32) "height of building" means, subject to the provisions of rule 77, the vertical distance measured from average level of the centerline of the street or passage, to which the plot, abuts, to the highest point of the building whether with flat roof or sloped roof;
(33) "ledge or tand" 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 0.75 m., to be used only as storage space;
(34) "Licensed Building Surveyor" means a qualified surveyor who has been licensed under the Act;
(35) "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;
(36) "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;
(37) "masonry" means an assemblage of masonry units properly bonded together with mortar;
(37A)
'Mass Housing Project' means the housing development project which should be certified by Housing Department, Government of West Bengal, as mass housing project;
(38) "means of access" means a public street or private street or passage, open to the sky provided that in the case of partition of an existing building, the passage need not be open to the sky;
(38A)
'Mega Commercial Project' means a project of floor area of twenty thousand square meters or above under use group Assembly building and / or Business building and / or Mercantile building;
(39) "mezzanine floor" means an intermediate floor between the ground floor and the first floor or between any two floors;
(40) "occupancy" or "use group" as stated in section 390 (2) of the Act means the purpose for which a building or a part of building is used or intended to be used;
(40) [1] "principal occupancy" is the purpose for which more than 50% of the total floor area of a building is used or intended to be used;
Explanation:
The classification of buildings on the basis of occupancy shall include -
(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 multi-family dwellings, hostels, apartment houses and flats; in case of hostels or dormitories attached to educational institutions there may or may not be any cooking facilities;
(b) "Educational building" means, any building used for school, college, or day-care purposes 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, dispensaries, sanatoria, custodial institutions and penal institutions tike 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, auditoria, exhibition halls, museums, skating rinks, gymnasium, restaurant, seating houses, hotels, boarding houses, lodging or rooming houses, guest-houses, dormitories, places of worship, dance halls, club rooms, gymkhanas, passenger stations and terminals of air, surface and other public transportation services, recreation piers, multiplex and stadia;
(e) "Business 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 and libraries 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 and telegraph and computer operating), and
(ii) the expression "clerical work" shall include writing, book-keeping, sorting papers, typing, filing, 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, either wholesale or retail, or for office, storage and located in the same building; such building shall include establishments 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 agency);
(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, dames, factories, workshops, automobile repair garages, and printing presses;
(gg) 'Information Technology Building' means a building used principally for transaction of information technology enabled services. The same should be certified by Department of Information Technology and Electronics, Government of West Bengal;
(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 storages, 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 or 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.
(40) [2] "mixed occupancy" shall mean those buildings in which more than two compatible occupancies are intended to be .present in different proportions and none of the occupancies are intended to be exceed 50% of total floor area and which shall have 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 purposes of these rules;
(41) "open space" means an area forming an integral part of the site, open to the sky;
(42) "parapet" means a low wall or railing built along the edge of a roof or a floor;
(43) "parking space" means an area either enclosed or unenclosed, covered or open sufficient in size to park vehicle(s), located at any level having sufficient maneuvering space for loading and unloading;
(44) "partition wall" means an interior non load bearing wall, one storey or part -storey in height;
(45) "plinth" means the portion of the structure between the surface of the surrounding ground and surface of the floor, immediately above the ground, minimum height of which is 600 mm.;
(46) "row housing" means a row of houses with only front and rear open spaces and interior open space where applicable;
(47) "schedule" means the schedule to these rules;
(48) "section" means a section of the Act;
(49) "single building" means a building having single block or multiple blocks connected at any level including basement level where mandatory open spaces are considered in respect of the tallest block;
(50) "smoke-stop door" means a door for preventing or checking the spread of smoke from one area to another;
(51) "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 habitation;
(52) "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 flooar and the roof next above it;
(53) "Structural Engineer or Reviewer" means a person with at least a Bachelor's Degree in civil or structural or construction 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 structures of buildings of different types and who has been empanelled by the Corporation as a Structural Engineer under these rules;
(54) "tenement" means an independent dwelling unit with a kitchen or cooking space;
(55) "transport vehicle" means a public service vehicle?, a goods carriage, an educational institution bus or a private service vehicle as defined in the Motor Vehicles Act, 1988 (59 of 1988) or in any modification or re-enactment thereof for the time being in force;
(56) "travellator" is a mechanical device meant to transport persons or materials horizontally by means of a guided belt;
(57) "toilet" means a room which is used both for bathing and as a water closet;
(58) "water closet" or the letters "W.C." (being the abbreviation of the whole words "water closet") means a privy with arrangement for flushing the part or commode with water but does not include a bathroom;
(59) "width of a public street" means the whole extent of space, including the footpath within the boundaries of the street as specified in the survey map or any other records of the Corporation;
(60) Other words and expressions have the meanings respectively assigned to them in the Act.
Chapter II
General
-----------------------
### 3. Prohibition of erection of Building without Building Permit.
(1) No person shall erect a new building, or re-erect, or make addition to, or alteration of lany building, or cause the same to be done as specified in section 392, without obtaining a sanction in the form of a Building Permit from the Municipal Commissioner under the Act, and without obtaining such permission for development from the concerned authority as may be required under the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. XIII of 1979).
(2) Notwithstanding the provisions of sub-rule (1) no building permit shall be required 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 of the site and not overhanging a street, however, that the total height of the parapet wall shall not be more than 1.50 m. and width of the cornice or chajja shall not be more than 60 cm.;
(b) repairing of a staircase or of lift-shaft;
(c) white washing or painting;
(d) reflooring of the surface of an existing floor;
(e) minor repairs and reflooring of an existing damaged roof without changing the character and dimension of such roof:
Provided that the character of a damaged roof may be allowed to be changed and its reconstruction permitted by permission in writing of the Commissioner on such terms as he may consider fit, upon application being made to him with three copies of plan; on payment of requisite fees and on submission of structural stability certificate from a Structural Engineer, Architect or a Licensed Building Surveyor, as the case may be.
Provided further that no such work as is referred to in clauses (a) and (e) shall be undertaken without giving the Municipal Commissioner 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 purposes;
(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 tallen bricks, stones or repairing of damaged pillars or beams;
(j) repairing or renewing existing plumbing, sanitary and other utility services;
(k) repairing of boundary wall ;
(l) carrying out such other work as is necessary in the opinion of the Municipal Commissioner, 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.
Chapter III
Procedure For Sanction
---------------------------------------
### 4. Notice for erection or alteration of a building.
(1) Every person who intends to erect a new building on any site whether previously built upon or not or re-erect or make addition to or alteration of any building shall apply for sanction by giving notice in writing to the Municipal Commissioner.
(2) Every such notice for erection or re-erection or addition or alteration shall be in the form as specified in Schedule I. one copy of which shall be submitted along with all the enclosures required under these rules.
Note I : The application shall contain, in addition to the notice as aforesaid, duly stamped and legally enforceable declarations, indemnities etc., as required.
Note II : Except in case of a residential building to be erected or re-erected or altered on a plot of five hundred squre metre or less of land, the notice shall be accompanied by six sets of -
(a) Key (location) Plan,
(b) Site Plan,
(c) Building Plan (Architectural),
(d) General Specifications.
In case of a residential building to be erected or re-erected or altered on a plot of five hundred squre metre or less of land, one set of the aforesaid is to be submitted.
(3) The notice shall be accompanied by copies of documents showing that the applicant has exclusive right to erect, re-erect or alter any building or portion thereof upon the land.
(4) In the case of a site or plot measuring 500 squre metre or more to which, the Urban Land (Ceiling and Regulation) Act, 1976, (33 of 1976) applies, 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 on in respect of transfer of the site or plot under sub-section (3) of section 5 of the said 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 the case of a plot referred to in section 364, the notice shall be accompanied by a certificate from the Municipal Commissioner that it is a plot included in the layout plan as approved by the Mayor-in-Council under section 365 along with a statement of the conditions of such approval.
(6) The notice shall in accordance with the provisions of sub-section (I) or sub-section (2), as the case may be, of section 395 specify in terms of sub-section (2) of section 390:
(a) the purpose for which the building is intended to be used, or
(b) the purpose for which the building is proposed to be used after execution of any of the works referred to in clauses (b) to (m) of sub-section (1) of section 390 or after alteration, and shall also be accompanied by a declaration by the applicant in a form as specified in Schedule II to the effect that he shall comply with the requirements of section 416 at all times.
(7) In case, the intended use of the building is such that under section 425 a license or permission is required from Government or any statutory body under any law for the time being in force, or from the Municipal Commissioner under any of the provisions of Chapter XXIII of the Act, the notice shall state the nature of the use of the building proposed to be erected, re-erected or altered with reference to the relevant section under Chapter XXIII of the Act or any other law for the time being in force, and shall be accompanied by duly authenticated copies of such license or permission wherever applicable, before such erection, re-erection or alteration:
Provided that in case where such license or permission cannot be produced along with the notice, the applicant shall clearly state that he is seeking provisional sanction in the notice in question.
(8) The notice shall, where necessary, be accompanied by a declaration of the necessary permission under Section 63 of the Calcutta Improvement Act, 1911 (Ben. Act V of 1911) has been obtained.
(9) The notice shall be accompanied by duly authenticated copies of receipts showing payment of tax to the Corporation upto 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, or altered, and a declaration stating that there is no arrear dues payable to the Corporation.
(10) The notice shall be accompanied by a composite declaration of the applicant in the form as specified in Schedule III covering the following :-
(a) that the work of erection, re-erection or alteration will be supervised by an Architect or Licensed Building Surveyor, a Structural Engineer and a Geo- Technical Engineer, as the case may be, as may be required under these rules;
(b) that the works relating to water supply, drainage and sewerage shall be supervised by an environmental engineer or licensed plumber, as may be required under these rules;
(c) that no building materials shall be deposited in any street except with the prior written permission of the Municipal Commissioner and on deposit of fees for stacking materials as per demand raised by the Corporation and that the same will be stacked only at a place as may be directed by the Corporation;
(d) that the applicant will make plantation as per Corporation?s guidelines in the open spaces of the site.
(11) The notice shall also be accompanied by a general undertaking of the applicant in the form as specified in Schedule IV.
(12) In a case involving piling work, deep foundation work or construction of basement or any other underground structures, including superstructure, the notice shall be accompanied by an Indemnity Bond as specified in Schedule V.
(13) An additional set may be required to be submitted alongwith structural plan, design calculation as well as Geo Technical report (if applicable) before issuance of sanction.
(14) All the plans enclosures and statements shall be signed by the Architect or 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.
(15) The applicant shall, at the time of giving the notice, be required to deposit as application fee such amount as may be determined by the Corporation.
(16) The applicant shall, prior to the sanction of the building plan, be required to produce the originals of all documents, duly authenticated copies of which may have been enclosed with the notice, for scrutiny by the Municipal Commissioner.
(17) The applicant shall also have to fully indemnify the Corporation in respect of all actions, suits, proceedings, claim, or damages from any third party arising out of the acts or omissions of the applicant. Such indemnity should be in the form specified in Schedule V.
(18) In the event, boundaries are not mentioned in the title document submitted by the applicant and there is no site plan forming part of such document, a deed of declaration containing boundary details of the boundary and land area, should be registered with the appropriate registration authorities and submitted along with the notice.
(19) The notice shall also be accompanied by a certified copy of the registered deed of gift recording gift of land to the Corporation, where necessary.
### 5. 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 neighborhood landmarks and public streets.
### 6. Site Plan.
- The Site Plan drawn to a scale of 1: 600 (except in respect of a site more than 5000 square metre where a scale of not less than 1: 1000 can be used) shall show:
(a) the boundaries giving dimensions of the site and of any contiguous land belonging to the owner thereof;
(b) the position of the site in relation to neighbouring street or street within a distance of 25 metre of the site and if there is none the name and the distance of the nearest existing street;
(c) the name or names of street or streets and widths thereof on which the site abuts;
(d) the means of access from the street or passage to the building in respect of which sanction is sought for and to other existing building if any, and other buildings which the applicant intends to erect upon his contiguous land, if any;
(e) all existing buildings or structures on, over or under the site or projecting beyond it ;
(f) the position of the building which the applicant intends to erect or alter in relation to -
(i) the boundaries of the site,
(ii) any existing building or structure upon his contiguous land (with number of storeys and height) or any building or structure which the applicant intends to erect upon such land,
(iii) all other existing premises, buildings or structures (with number of storeys and height) within a distance of twelve metres of the site.
(g) the open spaces to be provided for the building under these rules,
(h) the position on the site of-
(i) any tube-well, existing or proposed, with reference to section 248,
(ii) supply pipes, or any underground water reservoir for conveying to the premises the supply of wholesome or unfiltered water from the service mains of the Corporation, and pipes, septic tanks, house drains or other means of communication with any municipal drain, or the traps or apparatus connected therewith, with reference to section 313.
(i) the position of any receptacles for temporary deposit of solid wastes, existing or proposed with reference to section 340.
(j) the direction of the north point relative to the plan of the building.
### 7. Building Plan.
(1) Building plans, elevations and sectional elevations drawn to scale of 1:100 and in case of sites whose area exceeds 5000 square metre, drawn to a scale of 1 :200, with part drawing in a suitable larger scale for clarity, if need be, shall include and show -
(a) floor plans together with covered area of each floor including in the case of the ground floor and basements, the ground coverage in relation to the area of the plot. means of access and open spaces, floor plan of any accessory building or buildings and basement plan, if any; clearly indicating the size and spacing of all supporting members and sizes of rooms and details of foundation,
(b) terrace plan indicating the drainage and the slope of the roof including position of rainwater pipes.
(c) the position and width of any staircase, Escalator, travelator, ramp or other exit way and of any lift well, lift machine room and lift pit,
(d) a plan showing the position of pipes, underground and overhead reservoirs for water supply and house drains, septic tanks if any or means of communication with any municipal drain or the traps or of apparatus connected therewith in conformity with section 313;
(e) schedules of doors, windows and ventilators,
(f) details of parking layout plan, if any, along with maneuvering space for loading and unloading,
(g) appurtenant open spaces required under these rules,
(h) any projections beyond the regular line of street,
(i) the position of any receptacles for temporary deposit of solid waste in conformity with the provisions of section 340,
(j) a description of the proposed use or occupancy of each part of the building,
(k) elevations of all sides of the building facing the street or streets,
(l) sectional drawings indicating clearly the sizes of footings, thickness and depth of basement from ground level, sizes and spacing of framing members, floor slabs and roof slab with their materials, height of building, rooms and parapet and at least one section through each of the staircase, toilets, ramps and lift well with machine room:
Provided that the structural plan giving details of all structural elements and materials to be used along with structural calculations need not be submitted along with the notice for application of sanction but shall have to be submitted prior to issuance of sanction.
(m) the direction of the north line relative to the plans.
(2) In case of a residential building exceeding 20.0 metre in height or a non-residential building, the building plan shall, in addition to the provision of sub-rule(1) also show, as required by the Municipal Building Committee the following:
(a) special requirements as to access, circulation, building services and safety, human health and fire safety based on occupancies group or use group as laid down in National Building Code of India and in the West Bengal Fire Services Act, 1950,
(b) parking layout plan showing parking spaces, driveways together with ingress or egress arrangements,
(c) width of main and alternate staircase 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 provision 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, drenchers 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) and,
(t) location for signs and outdoor display structures (if any).
(3) (a)
Structural design as required in, these rules shall be carried out by an empanelled Structural Engineer as per schedule XV.
(b) A preliminary design of the structure, other than for masonry buildings and residential buildings upto a height of 10 metre, giving details of all structural elements and specifications of materials, along with a structural design basis report shall be prepared by such Structural Engineer and submitted along with the notice.
(c) A detailed structural design and structural drawing prepared by such Structural Engineer and reviewed by an empanelled Structural Reviewer, shall be submitted along with the notice, in respect to residential buildings to exceed 40 metre in height and for all buildings, other than for residential use, to contain a built up area of more than 500 square metre,
(d) The structural design of foundations, elements of masonry, plain concrete, reinforced concrete, pre-stressed concrete and structural concrete shall conform to the provisions of the National Building Code of India (NBC) taking into consideration the relevant Indian Standards.
### 8. Sizes of drawing sheets.
(1) All site plans, building plans, elevation and sections shall be on drawing sheets which shall be in any of the sizes specified in the table below:-
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
|
(2) The plans may be ordinary prints of ferro-paper or other paper or blue printed or ammonia print or computer generated print, but one set of such plans shall be blue printed. Prints of plans shall be on one side of paper only.
### 9. Colouring notation for plans.
- The plans shall be coloured as specified in Table 2 below :-
| | | | |
| --- | --- | --- | --- |
|
SI.No.
|
Item
|
Site Plan
|
Building Plan
|
|
|
|
White Plan
|
Blue Plan
|
Amonia Print
|
White Plan
|
Blue Plan
|
Amonia 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
|
|
7.
|
Work proposed to be demolished
|
Yellow Hatched
|
Yellow Hatched
|
Yellow Hatched
|
Yellow Hatched
|
Yellow Hatched
|
Yellow Hatched
|
|
8.
|
Proposed Work
|
Red Filled in
|
Red Filled in
|
Red Filled in
|
Red Filled in
|
Red Filled in
|
Red Filled in
|
|
9.
|
Drainage and sewerage work
|
Red Dotted
|
Red Dotted
|
Red Dotted
|
Red Dotted
|
Red Dotted
|
Red Dotted
|
|
10.
|
Water supply work
|
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
|
|
12.
|
Recreation Ground
|
Green Hatch
|
Green Hatch
|
Green Hatch
|
Green Hatch
|
Green Hatch
|
Green Hatch
|
Note: For land developments or sub-divisional layout, suitable colouring notations shall be used
### 10. Dimensions.
- All dimensions shall be indicated in metric units in a uniform manner.
### 11. Specifications.
- The specifications of the proposed construction shall provide a type and grade of materials and method of construction to be adopted.
### 12. Requisition to determine validity of notice.
(1) The Municipal Commissioner may at any time, but not later than fifteen days of the receipt of notice under rule 4, issue a requisition to the applicant specifying at a time, all the defects in the notice for sanction of plan and the applicant shall make his submission in reply to such requisition within fifteen days thereafter.
(2) The Municipal Commissioner may, within fifteen days after the receipt of such reply, require further information or revised plan as he may deem fit and such information or revised plan shall be submitted within such period as may be specified by the Municipal Commissioner.
(3) If any plan or information as required under sub-rule (1) or sub-rule (2) is not forthcoming within the specified time or if the plan or information as required under these rules is not furnished to the satisfaction of the Municipal Commissioner, such notice shall be deemed not to be valid under sub-section (3) of section 395 and shall not be processed any further and the applicant shall be informed by notice in this regard.
(4) Fresh notice under section 393 or section 394 .as the case may be, shall thereafter be necessary.
(5) All notices shall either be delivered by hand or sent under certificate of posting or by pre-paid Registered Post with A/D.
### 13. Sanction or provisional sanction or refusal of building or work.
- Within a period of sixty days, or for any case governed by clauses (b) to (m) of sub-section (1) or sub-section (3), of section 390 within a period of thirty days, of the receipt of any valid notice under these rules with reference to section 393 or section 394, as the case may be, the Municipal Commissioner shall in accordance with the provisions of section 396 and with reference to the provisions of section 313 by written order, either-
(a) sanction or provisionally sanction with such conditions, if any, not inconsistent with the provisions of the Act and these rules as he may think fit, the erection, re-erection, addition to, or alteration of, the building and shall issue a Building permit to the applicant in the form as specified in Schedule VI, or
(b) refuse sanction or provisional sanction under the provisions of the Act and rule 16 and communicate the same to the applicant in the forms as specified in Schedule VII:
Provided that in a case where the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street the Municipal Commissioner may, under the proviso to sub-section (1) of section 398, withheld sanction to the erection of the building or the execution of the work for such period, not exceeding six months, as he may deem fit:
Provided further that in the case of provisional sanction, the applicant shall furnish a statement to the effect that if he is unable to produce the licence or permission as required under sub-section (3) of section 396, the provisional sanction would be at his own risk and cost and shall not be made final and the occupancy certificate under sub-section (2) of section 403 shall not be issued in respect of the use which is affected by the provisions of sub-section (3) of section 396.
### 14. Aesthetic quality of urban Environmental design.
- The aesthetic quality of urban and environmental design of structures with respect to every application for erection or re-erection of a building shall be considered by the Municipal Commissioner including as to-
(a) conservation, preservation and beautification of-
(i) monumental buildings, public parks and public garden including locations or installations of statues or fountains therein,
(ii) any area of special, historical or cultural significance as the Mayor-in-Council may consider, or
(b) conservation and preservation of any project which aims to beautify Kolkata or to add to its cultural vitality or to enhance the quality of its urban design, or
(c) conservation and preservation of any project or layouts for sports, cultural, social or for other similar purposes, or
(d) construction of under-passes, over-passes and regulation of street furniture and advertisement hoardings, or
(e) consideration of architectural expression and visual appearances of the buildings.
### 15. Building Permit.
(1) The Building Permit shall subject to the provisions of these rules be issued under the signature of the Municipal Commissioner.
(2) The Building Permit shall not be issued till a duly authenticated copy of a receipt showing payment to the Corporation of the Building Permit Fees payable under these rules for the sanction of the building, is produced before the Municipal Commissioner.
(3) The Building Permit shall, subject to the provisions of sub-section (3) of section 398 be valid for a minimum period of five years from the date of issue of such permit and may be renewed by the Municipal Commissioner for such further period, such that the original period of validity and period(s) of renewal and renewals, if any, do not exceed ten years from the date of issue of permit, on payment of such fees and charges as may be fixed by the Mayor-in-Council from time to time and on such other terms and conditions as may be considered appropriate.
(4) The Building Permit shall in conformity with the provisions of sub-section (5) of section 396 clearly and specifically state the occupancy or use group for which the Building Permit is valid.
(5) In the case of a building which is intended to be erected at the comer of two streets, the Building Permit shall specify the conditions imposed under clause (b) or clause (c) or clause (d) or clause (e) of sub-section (1) of section 405.
(6) The Building Permit shall as required under section 407, specify the conditions imposed regarding use of inflammable materials.
(7) In the case of a building affected by the provisions of section 408, the Building Permit shall be issued in conformity with the declaration under sub-section (3) thereof.
(8) One set of the plans (along with a certified Copy thereof) and specification submitted along with the notice duly countersigned by the Municipal Commissioner, shall be returned to the applicant along with the Building Permit.
### 16. Grounds for refusal.
(1) The Municipal Commissioner may refuse sanction or provisional sanction for erection, re-erection, addition to or alteration of a building on anyone of the following grounds to be specifically recorded in the form as specified in Schedule VIII:-
(a) that the building or the work or the use of the site for the building or the work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of the Act or these rules or any other rules or regulations made under the Act, or of any other law in force for the time being,
(b) that the notice for sanction does not contain the particulars or is not prepared in the manner required under these rules,
(c) that any information or document required by the Municipal Commissioner under the Act or these rules has not been duly furnished,
(d) that in cases requiring a layout plan under section 364 or section 365 such layout plan has not been sanctioned in accordance with the provisions of the Act.
(e) that the building or the work would be an encroachment on Government land or land vested with the Corporation,
(f) that the site of the building or the work does not abut on a street or projected street and that there is no access to such building or work from any such street or by any passage from such street,
(g) that the conditions mentioned in sub-section (1) of section 406 has not been fulfilled or that it contravenes the provisions of sub-section (2) thereof,
(h) that the erection of the building or the execution of any work affects or is likely to affect the sky-line or the aesthetic quality of urban or environmental design, or any public amenity therein or the functioning of radio communication systems for telecommunication purposes or purposes of civil aviation,
(i) that in case where a building is intended to be erected for a purpose which is contrary to the provisions of the Act or any other law for the time being in force,
(j) that in the case of re-erection, addition to or alteration of a building the intended purpose of which is such as may lead to such mixed occupancies as are contrary to the provisions of the Act or any other law for the time being in force,
(k) that the arrear taxes payable to the Corporation have not been paid.
(2) The Municipal Commissioner may, subject to the provision of sub-section (1) of section 405, refuse under clause (a) of that sub-section, sanction of any building which is intended to be erected at the comer of two or more streets.
(3) The Municipal Commissioner shall refuse sanction to any building plan where prior approval of the Mayor-in- Council in this regard is necessary and such approval has not been given.
(4) If the Municipal Commissioner, having regard to-
(a) the existing water supply, sewerage and drainage system in any ward or part thereof, or
(b) the traffic carrying capacity of a street in any ward or part thereof, is of the opinion that the erection of any building or execution of any work in such ward or part thereof will put additional burden on the existing civic services, he may sanction the erection of such building or execution of such work subject to such restrictions or conditions, including uses, as he may deem fit to impose:
Provided that no such action shall be taken by the Municipal Commissioner without scrutiny of such case by the Municipal Building Committee and without prior approval of the Mayor-in-Council.
### 17. Effect of refusal.
(1) The notice submitted by the applicant under sub-rule (1) of rule 4 shall lapse with the refusal of sanction or provisional sanction under these rules.
(2) Fresh notice under section 393 or 394, as the case may be, shall be necessary if the applicant proposes to amend his earlier notice and its enclosures.
### 18. Delay in sanction or refusal.
(1) If within a period of sixty days, or for any case governed by clause 1(b) to (m) of sub-section (1) of section 390 within a period of thirty days, of the receipt of any notice under these rules with reference to section 393, or section 394, as the case may be, or of any information under section 395, the Municipal Commissioner does not sanction or provisionally sanction or refuse to sanction under section 396 the applicant may in accordance with the provisions of section 398 make a representation to the Mayor.
(2) The Mayor shall, after such enquiry as he may think fit, and after giving the applicant an opportunity of being heard, direct the Municipal Commissioner to sanction or provisionally sanction or refuse sanction and communicate the same to the applicant within a period of thirty days from the date of receipt of the representation by the Mayor.
(3) The applicant shall under no circumstances violate the provisions of section 392.
### 19. Cancellation of Building Permit.
- The Municipal Commissioner may in accordance with the provisions of section 397 by a written order, cancel any Building Permit issued under these rules.
### 20. Notice for demolition of a building.
- Every person who intends to demolish any building or part thereof shall give notice in writing to the Municipal Commissioner. The demolition work will be executed taking due care of adjoining structures and carried on under the supervision of a Structural Engineer empanelled with the Corporation.
### 21. Retention of temporary structures along with water supply and drainage connection.
(a) After sanction of plan and commencement of work, the applicant may be allowed at his own risk and cost, and with prior permission of the Municipal Commissioner to retain and make use of part of the existing structures and also the existing drainage and water supply connections for the purposes of providing temporary accommodation to tenants or for being used as a site office, construction material storage space, workers? toilet and other allied purposes. The permission referred to herein may be granted on such terms and conditions, including as to the period within which such structure or facility has to be demolished or dismantled, as considered appropriate by the Municipal Commissioner.
(b) In case any declaration is given by the applicant that he would set aside any portion of the site for widening of the road or for other purposes, as a precondition to sanction, the applicant may do so, for the time being, by physically shifting the boundary wall, prior to issuance of Building Permit, pending execution and registration of appropriate documents and compliance of other formalities.
Chapter IV
Execution of Work
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### 22. Notice of commencement.
- At any time within two years from the date of the issue of the Building Permit but not less than seven days before commencing the erection of the building or the execution of the work the applicant shall give notice in writing to the Municipal Commissioner in a form as specified in Schedule IX of the proposed date of commencement of such erection or such execution.
Provided that if within the period of the validity of the Building Permit the commencement does not take place within thirty days of the date so notified, the notice shall be deemed not to have been given and a fresh notice shall be necessary.
### 23. Documents at site.
(1) From the date of commencement upto the date of issue of completion certificate under section 403 of the Act 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 Commissioner 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, Structural Engineer and Geo Technical Engineer, as the case may be, the name of the owner and number and date of the Building Permit.
(2) 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.
Provided further that all such documents shall also be produced before the Municipal Commissioner when so required by him.
### 24. Notice for completion of work upto plinth level.
(1) After the completion of the structural work upto the plinth level or upto one m. above ground level, whichever is higher, the applicant shall give a notice to the Municipal Commissioner in the form as specified in Schedule X to enable him to inspect such work.
(2) An officer of the Corporation duly authorized in this behalf shall inspect the work at the site within seven days from the date of receipt of the notice and within three days of such inspection issue necessary direction, if any.
### 25. 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 Municipal Commissioner in the form as specified in Schedule XI 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 Corporation duly authorized by the Municipal Commissioner in this behalf shall inspect the work at the site and within three days of such inspection, issue necessary direction, if any.
### 26. Deviation during execution of works.
(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 4 shall inform the Municipal Commissioner by notice in writing alongwith a certificate from the Architect or the Licensed Building Surveyor and Structural Engineer, 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 thereafter proceed with the execution of such work, subject to the condition that such deviations shall be incorporated in the Completion Plan 1 under sub-rule (2) of rule 27;
(b) if during the erection or execution of the work, any external deviation beyond the sanctioned covered space is intended to be made and which does not violate the provisions of the Act or these rules, the person referred to in sub-rule (1) of rule 4, 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 deviation intended to be carried out, for obtaining necessary sanction.
(3) If no notice is served under clause (a) of sub-rule (2), or the work of erection or execution is undertaken without the sanction referred to in clause (b) such erection or execution to work shall be deemed to be in contravention of the provisions of the Act and these rules and shall be dealt with accordingly.
### 27. Notice of completion.
(1) Within one month after the completion of the erection of any new building or execution of any work the applicant shall in the form as specified in Schedule XII duly countersigned by the Architect or Licensed Building Surveyor and Structural Engineer as the case may be, give notice to the Municipal Commissioner of such completion under section 403 of the Act.
(2) The notice shall be accompanied by 3 sets of building plans (either ammonia print or computer generated print) marked as 'Completion Plans' with all the revisions and modifications including those referred to in sub- rule (2) of rule 26 incorporated therein and clearly stating the occupancy or use-group for which the building or the work has been sanctioned. The plans shall be duly signed by the applicant and the Architect or the Licensed Building Surveyor, and the Structural Engineer, as the case may be.
(3) The notice shall be accompanied by a structural stability certificate duly signed by a Structural Engineer and Architect or Licensed Building Surveyor, 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 Licensed Building Surveyor or Architect that internal house drainage and water supply network have been satisfaction of the Municipal Commissioner;
(b) fire safety certificate, if applicable under the West Bengal Fire Services Act, 1950 (West Ben. Act XVIII of 1950) and the rules made thereunder has been obtained;
(c) in the case of building referred to in clause (a) a certificate from the electricity 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/documents/declarations as are necessary under any law for the time being in force or as the Mayor-in-Council may, from time to time, specify in this behalf.
### 28. Completion Certificate.
(1) Within fifteen days of the receipt of notice of completion of building work, the Municipal Commissioner shall inspect the building or work and shall satisfy himself that the erection or the execution of the work has been completed in accordance with completion plan.
(2) Within ten days of inspection, the Municipal Commissioner shall, if he is satisfied that the building or work has been completed in accordance with the completion plan issue a completion certificate in the form as specified in Schedule XIII :
Provided that such certificate shall not be issued in the case of building or any work for which provisional sanction was given unless the applicant produces before the Municipal Commissioner the license or permission in accordance with sub-section (3) of section 396 and documents recording compliance of the terms and conditions of such provisional sanction.
(3) After due verification, one set of the building plan as submitted under rule 27 shall be returned to the applicant with the endorsement "Approved Completion Plan", under the signature of the Municipal Commissioner.
(4) In case where the Completion Certificate is refused, the Municipal Commissioner shall communicate the reasons thereof in writing to the applicant within a reasonable time of inspection under sub rule (1) above.
(5) In case where in the opinion of the Municipal Commissioner the building or the work has not been completed in accordance with the completion plan he may take necessary action in accordance with the provisions of the Act and rules.
(6) The Municipal Commissioner shall not permit connections to be made to municipal water mains and municipal drains-from any new building in respect of which Completion Certificate has not been issued;
Provided that the Municipal Commissioner may permit connections to be made in respect of a building where Partial Completion Certificate or Block wise Completion Certificate has been issued as per provision of rules 29 and 30.
Provided further that the Municipal Commissioner may order disconnection of such connections if he is of the opinion that the conditions of the Partial Completion Certificate or Block wise Completion Certificate are being violated or if further erection of the building or execution of the work is proceeding contrary to the sanctioned plans.
### 29. Partial Completion Certificate.
(1) Upon a written request made to the Municipal Commissioner for issuance at Partial Completion Certificate consequent upon completion of a part of a building which is under construction, the Municipal Commissioner, on being satisfied that the construction of the specified portion is complete in all respects; that the remaining construction cannot be completed as per sanction plan within a reasonable period of time and that circumstances exist for allowing partial occupation of the building, may issue Partial Completion Certificate valid for a specified period, in the form as specified in Schedule XIII.
(2) A written request under sub-rule (1) shall be accompanied by-
(a) a notice of completion in the form as specified in Schedule X for the portion of the building which is stated to be complete, along with all enclosures as per rule 27 as applicable,
(b) structural stability certificate for the portion of the building which is stated to be complete,
(c) an indemnity bond/undertaking to indemnify the Corporation against any risk, danger or damage to any person, whether an occupier or not, and an undertaking to ensure, in such manner as the Municipal Commissioner may specify, public safety,
(d) an undertaking that no person shall occupy or shall be allowed to occupy any portion of the building for which Completion Certificate has not been issued,
(e) an undertaking that in the event of violation of the terms of the Partial Completion Certificate, the Corporation shall be entitled to disconnect municipal water mains and municipal drains for the entire building without any notice.
(f) any other documents or undertakings that the Municipal Commissioner may deem necessary.
(3) When the erection of the building or the execution of the work is completed within the period or extended period provided for in section 399, the applicant shall apply for conversion of the Partial Completion Certificate or issue of Completion Certificate and such certificate may be issued in accordance with the provisions of these rules.
### 30. Block wise Completion Certificate for building proposal containing more than one building on a plot.
(1) Upon a written request made to the Municipal Commissioner for issuance of Block wise Completion Certificate consequent upon completion of one or more of number of buildings out of a block of buildings (where the proposal consists of more than one building), the Municipal Commissioner, on being satisfied that the construction of the particular block is complete in all respect and that circumstances exist for allowing occupation of the particular block of building and issue Block wise Completion Certificate for that particular block of building in the form as specified in Schedule XV
(2) A written request under sub-rule (1) shall be accompanied by-
(a) notice of completion in form as specified in Schedule X for the particular block of building which is stated to be complete along with all enclosures as per rule 27 as applicable.
(b) structure stability certificate for the particular block of building which is stated to be complete.
(c) an indemnity bond undertaking to indemnify the Corporation against any risk, danger or damage to any person, whether an occupier or not, and an undertaking to ensure, in such manner as the Municipal Commissioner may specify, public safety.
(d) an undertaking that no person shall occupy or shall be allowed to occupy any other block of building or any portion for which completion certificate has not been issued.
(e) an undertaking that in the event of violation of the terms of the Block wise Completion Certificate, the Corporation shall be entitled to disconnect water mains and municipal drains for the entire block and other buildings in the plot without any notice.
(f) any other documents or undertakings that the Municipal Commissioner may deem necessary.
(3) The applicant shall however, within the validity period of the sanction, apply for and obtain full completion certificate for the rest of the blocks of buildings.
### 31. Delay in issue of Completion Certificate.
(1) In case where within a period of thirty days of the receipt of the notice of completion, duly completed in all respects, the Municipal Commissioner fails to issue a Completion Certificate or communicate his refusal, the applicant may in accordance with the provisions of section 403 make a representation in writing to the Mayor.
(2) The Mayor shall, after such enquiry as he may think fit, and after giving the applicant an opportunity of being heard, direct the Municipal Commissioner to issue the certificate or communicate refusal of the same to the applicant within a period of thirty days from the date of receipt of the representation to the Mayor.
### 32. Prohibition for use of building without Completion Certificate.
- Subject to other law, rules and regulations for the time being in force, no person shall occupy or be permitted to occupy a building erected or re-erected or altered under the Act in respect of which a Completion Certificate under rule 28 or a Partial Completion Certificate under rule 29 or Block wise Completion Certificate under rule 30 has not been issued by the Municipal Commissioner.
### 33. Work subsequent to issue of Completion Certificate.
- If any re-erection or addition or alteration of a building in respect of which an completion Certificate has been issued is intended fresh notice under section 393, or section 394, as the case may be, shall be necessary.
### 34. Prohibition of work at night.
(1) No person shall without obtaining permission from the Municipal Commissioner, erect, re-erect, alter or add to a building or execute any work between the hours of sunset and sunrise.
(2) If the Municipal Commissioner is satisfied "that the erection or alteration of any building or execution of any work is being carried out between the hours of sunset and sunrise without permission he may take such action as may be necessary under the Act.
### 35. Inspection.
(1) The Municipal Commissioner or an officer of the Corporation duly authorized by him in this behalf may in pursuance of the provisions of sections 314, 413, 544, 545, 546, 547 or 548 or any other provisions of the Act, Inspect erection, re-erection, addition to or "alteration" of any building or execution of any work.
(2) The Municipal Commissioner may in accordance with the provisions of section 315 or section 402 or any other provisions of this Act require action to be taken by the applicant or the owner of any building.
### 36. Transmission of approved completion plans.
(1) Within 7 days of issue of the Completion Certificate, the issuing officer shall transmit, for purposes of levy of a consolidated rate under the Act, one set of the building plans as approved under rule 28 to such officer of the Corporation as the Municipal Commissioner may specify in this respect.
(2) The ammonia print blue print set of such plans shall be kept in such medium as the Municipal Commissioner may direct, including in electronic medium form, for preservation as a permanent record, within such time and in accordance with such orders as the Municipal Commissioner may make from time to time in this respect.
(3) The plans transmitted or deposited shall bear the endorsement "Approved Completion Plans" and shall be signed by the Municipal Commissioner.
Chapter V
Municipal Building Committee
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### 37. Constitution of Municipal Building Committee.
(1) The Mayor-in-Council shall in accordance with the provisions of sub-section (1) and (2) of section 391, constitute a Municipal Building Committee with the Municipal Commissioner as its Chairman and an officer of the Corporation as its Convener.
(2) The Committee shall have, in addition to the Chairman and the Convener, eight other members of whom-
(a) One shall be a nominee of the Kolkata Metropolitan Development Authority.
(b) One shall be a nominee of the Commissioner of Police, Kolkata.
(c) One shall be the Director of the West Bengal Fire Services (or his nominees).
(d) One shall be a nominee of the State Government.
(e) One shall be the Chief Engineer, Municipal Engineering Directorate, Department of Municipal Affairs, Government of West Bengal (or his nominee).
(f) One shall be an architect of repute to be selected in consultation with the Council of Architecture constituted under Section 3 of the Architects Act 1972 (20 of 1972).
(g) One shall be a Town Planner of repute to be selected in consultation with the Institute of Town Planners of India; and
(h) One shall be a nominee of the Department of Environment, Government of West Bengal.
(3) A member nominated to the Committee shall hold office till an order withdrawing his nomination or for nomination of a successor is received by the Municipal Commissioner from the relevant authority.
(4) No act or proceeding of the Committee shall be called into question on the ground of the existence of any vacancy in, or any defect in the constitution of the Committee.
(5) The Committee may co opt one person as provided in sub section (3) of section 391.
### 38. Functions of the Municipal Building Committee.
(1) The Committee shall in accordance with the provisions of (a) sub-section (5) of section 391 scrutinize every application for erection or re-erection of a building for which notice has been received under section 393 or section 394. except for a residential building to be erected or re-erected on a plot of five hundred square metre or less of land and shall forward its recommendations to the Mayor-in-Council.
(2) In case of any building which is intended to be erected at the comer of two streets, the Committee shall, in accordance with provision to sub-section (1) of section 405 scrutinize every such plan and shall forward its recommendations to the Mayor-in-Council.
(3) The Committee shall consider and recommend on any other matter included in Chapter XXII of the Act as referred to it by the Mayor-in-Council.
(4) The Municipal Commissioner shall as soon as possible communicate to the Committee for its information the decision of the Mayor-in-Council on any of the Committee?s recommendations.
(5) The aesthetic quality of urban and environmental designs of structures with respect to every application being scrutinized by it, shall be considered by the Committee, as contained in rule 14, before making its recommendation to the Mayor-in-Council.
### 39. Recommendations of the Municipal Building Committee.
(1) The Municipal Commissioner shall, as early as possible, communicate the recommendations of the Committee to the Mayor-in-Council along with dissenting notes, if any, for its considerations in accordance with the provisions of sub-section (7) of section 39V and its decision in accordance with the second proviso to subsection (1) of section 396
(2) No person shall divulge any recommendations of the Municipal Building Committee to any person other than one entitled to know it for official purpose only during the processing of such recommendation.
(3) The Mayor-in-Council shall consider the recommendation of the Committee and may accept the same or in case of non-acceptance\*or any modification, alteration or cancellation of the same shall record the reasons thereof, within 30 (thirty) days from the date of communication of such recommendations.
(4) The Municipal Commissioner shall communicate the decision of the Mayor-in-Council to the applicant within 7 (seven) days from the date of resolution of the Mayor-in-Council.
Chapter VI
Building Permit Fee And Other Fees
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### 40. Validity of Notice.
- Save as otherwise provided under the Act and these rules, no notice under section 393 or section 394 shall be valid till the submission fee has been paid to the Corporation in accordance with these rules.
### 41. Schedule of rates for Building Permit Fee.
(1) The Corporation shall in accordance with the provision of sub-section (3) of section 131 state the schedule of rates at which Building Permit Fee for sanction of revised plan shall be levied by it during the year next following.
(2) The rate of fee shall be on the basis of sanctioned floor area, as well as width of means access and zone in which the plot is situated. Provided that different rates shall be specified for different occupancy or use groups as defined under sub-section (2) of section 390.
(3) The rates shall be on the same basis for erection, re-erection, addition, to or alteration of any building.
### 41A. Schedule of rates for Incremental Floor Area Ratio.
(1) Notwithstanding anything contained in rule 41 of these rules, the rate payable for the incremental Floor Area Ratio as stated in rule 69A shall be payable in terms of the rates formulated in terms of 'circle rates' of the Inspector General (Registration) as prescribed by the Finance Department, Government of West Bengal.
(2) All incremental fees or charges collected on account of grant of additional Floor Area Ratio shall be payable to the State Exchequer directly. As may be decided by Finance Department, in consultation with Department of Municipal Affairs, a portion of the collected fees or charges may be allotted or transferred to the Kolkata Municipal Corporation for undertaking developmental schemes.
Provided that this rate will not be applicable in case of incremental area accrued by providing additional parking in terms of provision to clause (g) of sub rule (2) of Rule 69;
### 42. Calculation of the Building Permit Fees.
- The Building Permit Fee payable in any case shall be calculated on the basis of the total floor area sanctioned in the building plan including basement, covered parking space and mezzanine floor, as the case may be.
### 43. Other Fees.
(1) The Corporation shall in accordance with the provisions of sub-section (3) of section 131 specify an amount payable in respect of-
(a) conversion of a Partial Completion Certificate to a Full Completion Certificate in accordance with the provisions of sub rule (4) of rule 28;
(b) an application for permission to use any building or part thereof under section 416 or section 418, or section 419 or section 420 or section 421 for section 422 or section 423, as the case may be;
(c) any other fee under Chapter XXII or Chapter XXIII of the Act and these rules.
(2) The fees shall be payable in advance and a duly authenticated copy of a receipt showing payment to the Corporation shall be produced along with any notice or application, as the case may be.
### 44. Stacking Fees.
(1) The Corporation" shall in accordance with the provisions of sub-section (3) of section 131 specify rates at which Stacking Fee payable in respect of a permission under sub-rule (14) of rule 4 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.
(2) The Stacking Fee payable in any case shall be calculated on the basis of the total floor area sanctioned in the building plan including basement, covered parking spaces, and mezzanine floors.
(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) In case of violations of the provision of sub-rule (14) of rule 4, Stacking Fees at a rate not less than twice the rate specified under sub-rule (1) shall be payable within a period of one month from the date of service of notice by the Municipal Commissioner under this sub-rule.
Chapter VII
Architects And Licensed Building Surveyors And Other Authorised Technical Personnel
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### 45. Validity of applications containing plans, specifications and notices.
- Save as otherwise provided under the Act and these rules -
(a) No key plan, Site plan, building plan or specification accompanying a notice given under section 393 or section 394, or any other plan in respect of which it is so stipulated, shall be valid unless an Architect or Licensed Building Surveyor in association with an Structural Engineer and Geo Technical Engineer as the case may be, certifies that such plan has been prepared under his supervision and the applicant also certifies that such work will be carried out under the supervision of an Architect and / or Licensed Building Surveyor in association with an Structural Engineer and Geo Technical Engineer as the case may be in accordance with the provisions of the Act. these rules and the sanctioned or the provisionally sanctioned plan;
(b) no notice given under rule 22 or rule 24. or rule 25, or no other notice in respect of which it is so stipulated, shall be valid unless it is signed by an Architect and/or Licensed Building Surveyor and Structural Engineer, Geo Technical Engineer and Structural Reviewer as required hereunder.
### 46. Property owned by Government.
- In case of building plans in respect of property owned by Central or State Government or any other controlled by the Central or State Government, prepared and submitted under the signature of Engineer and or Architect who are its employees, compliance of rule 49 may not be insisted upon:
Provided that the minimum qualification of such Engineer and or Architect is as prescribed in these rules.
### 47. 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 this Act and the rules, engage.
(a) for all residential buildings upto 10.0 m. in height and not involving deep foundation, at least one person not below the rank of Licensed Building Surveyor for planning, design and construction of the building including the foundation;
(b) for all buildings above 10.0 m. and up to 15.50 m. in height and/or erection involving piling 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 the foundation;
(c) for all other buildings, an Architect, a Structural Engineer, Geo Technical Engineer and Structural Reviewer for planning, designing and construction of the building including the foundation.
Provided that such Licensed Building Surveyor, Architect, Structural Engineer, Geo- Technical Engineer and Structural Engineer, will work in association with one another and will be jointly and/or severally responsible for all acts and/or omission in connection with their duties and responsibilities for ensuring the safety of structure and other obligations herein contains.
(2) In case of death, resignation or removal of an Architect, a Structural Engineer, a Geo- Technical Engineer, a Licensed Building Surveyor or Structural Reviewer, as the case may be, as engaged under this rule, a fresh engagement shall be made forthwith and shall be notified to the Municipal Commissioner with reference to the notice given under section 393 or section 394. No work shall be carried out in the intervening period.
(3) The validity of any engagement made under this rule shall lapse in the case of an Architect, with the lapse of validity of registration granted under the Architects Act, 1972 or in the case of a Structural Engineer and a Geo-Technical Engineer with the lapse of his empanelment with the Corporation or, in the case of a Licensed Building Surveyor with the lapse of the validity of license given under the provisions of the Act and these rules, as the case may be.
(4) A Structural Engineer and a Geo- Technical Engineer, Structural Reviewer shall be empanelled in the manner as may be specified by the Municipal Commissioner and validity of their engagement shall similarly lapse with the lapse of their empanelment.
### 48. Association of Engineers with Architect or Licensed Building Surveyor.
- An Architect / Licensed Building Surveyor -
(a) for all classes of buildings above 25.5 m in height, shall associate in work an empanelled Structural Engineer (Class I) having a post graduate degree in structural engineering from a recognized University or an equivalent engineering qualification recognized by the Government, with at least five years? experience in structural design and execution of different classes of buildings, or having a degree in civil engineering or structural engineering from a recognized, University or an equivalent engineering qualification recognized by the Government with at least ten years? experience in structural design and execution of different classes of buildings; and
(b) for buildings having a height of 25.5 m, shall associate in work an empanelled Structural Engineer (Class II) having a post graduate degree in structural engineering from a recognized University or an equivalent engineering qualification / membership recognized by the Government, with at least three years? experience in structural design and execution of different classes of buildings, or having a degree in civil engineering or structural engineering from a recognized University of an equivalent engineering qualification recognized by the Government, with at least five years? experience in structural design and execution of different classes of buildings.
### 49. Association of Geo-Technical Engineers or Licensed Building Surveyor or Structural Engineers.
- An Architect / Licensed Building Structural or Structural Engineer-
(a) for all classes of buildings of more than 20.0 m in height shall associate in work an empanelled Geo Technical Engineer (Class - I), having a post graduate degree in Geo Technical Engineering from a recognized University or equivalent engineering qualification or membership recognized by the Government, with at least five years? relevant experience in soil exploration, investigation and recommendation of types of foundation and execution of such work;
(b) for all classes of buildings of upto an upio an height of 20.00 m., shall associate work an empanelled Geo Technical Engineer (Class - II), having a post graduate degree in Geo Technical Engineering from a recognized University or an equivalent engineering qualification recognized by the Government, with at least 3 years? relevant experience in soil exploration, investigation and recommendation of types of foundation and execution of such work.
### 50. Licensed Building Surveyor.
- Minimum professional requirements of a Licensed Building Surveyor are given below:
(a) A Class I Licensed Building Surveyor shall have at least a Bachelors Degree in civil construction Engineering from a recognised University or an equivalent engineering qualification? of a professional institution recognised by the Government and shall not have not less than five years? experience in planning, design and execution of building works including sanitary and plumbing works related to buildings, or a diploma in Civil Engineering or Architecture from a recognised University or an equivalent engineering qualification of a professional institution recognised by the Government and shall have not less than ten years? experience in planning, design and execution of building works including sanitary and plumbing works related to buildings. A Class I Surveyor is to be engaged for all classes of buildings not exceeding 15.5 m in height.
(b) A Class II Licensed Building Surveyor shall have at least a diploma in civil engineering or architecture from a recognised University or an equivalent engineering qualification of a professional institution recognised by the Government and shall have not less than five years? experience in planning, design and execution of building - works including sanitary and plumbing works related to buildings. A Class II Surveyor is to be employed for all classes of buildings not exceeding 10.0 m in height.
### 51. Duties and responsibilities of Architects and Licensed Building Surveyors.
(1) 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,
(2) 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.
(3) They shall comply with all requisitions received from the Municipal Commissioner 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.
(4) 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 Commissioner.
(5) They shall not accept any employment for preparation and submission of plans, if the same is intended to be executed in contravention of the provisions of the Act.
(6) They shall give all facilities to the Municipal Commissioner to inspect and examine the work in progress.
(7) 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.
(8) They should 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 26.
(9) They shall submit the completion certificate and completion plan immediately after the work is completed.
(10) 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 Commissioner 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.
(11) The Municipal Commissioner 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 licence in accordance with the provisions of the sub-section (3) of section 543; and
(ii) in the case of an Architect, make a reference to the "Council of Architecture for taking necessary action under the Architects Act, 1972.
### 52. Duties and Responsibilities of Structural Engineers.
(1) They 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,
(2) They 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.
(3) They shall comply with all requisitions received from the Municipal Commissioner in connection with the work under his 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.
(4) They shall immediately intimate to the applicant of the corrections or other changes, they make on the structural plans, documents and details as per requisition from the Municipal Commissioner.
(5) They shall not accept any request or engagement for preparation and submission of structural plans, if the same are found to be in contravention of the provisions of the Act.
(6) They shall be responsible for full quality control of materials and workmanship at site in connection with the structures and carry out necessary tests on materials used at site, conducted by recognized institutions/ organization. No completion certificate will be issued unless copies of such test reports are submitted by the Structural Engineer along with the structural stability certificate of the building/s.
(7) They shall give all facilities to Municipal Commissioner to inspect the work in progress.
(8) They shall not deviate or allow any deviation from the submitted structural plan in the execution of work at site.
(9) They shall work in association with other technical personnel and shall be jointly and severally responsible for any work executed on site in contravention of the provisions of the Act, these rules or other relevant rules and regulations.
(10) They shall submit a certificate that the structures have 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.
(11) They shall be deemed to have continued their supervision unless they have given notice in writing to the Municipal Commissioner that they have ceased to serve as the Structural Engineer for the work and submit a status report of the work completed under their supervision. They shall be held responsible for the work executed up to the date of such intimation.
(12) They shall inform the Municipal Commissioner as to the person who had engaged him under rule 48 forthwith.
### 53. Duties and Responsibilities of Geo- Technical Engineers.
(1) They 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 the rules.
(2) They shall prepare and submit all such reports, calculation in proper forms recommending the size, shape and type of foundation conforming to all relevant I.S. Codes and National Building Code of India.
(3) They shall be deemed to have continued their supervision unless they have given notice in writing to the Municipal Commissioner that they have ceased to serve as the Geo Technical Engineer for the work and submit a status report of the work completed under their supervision. They shall be held responsible for the work executed upto the date of intimation.
(4) They shall inform the Municipal Commissioner as to the person who had engaged them under rule 48 forthwith.
(5) They shall comply with all requisitions received from the Municipal Commissioner 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.
### 54. Duties and Responsibilities of Structural Reviewer.
(1) To review and certify as complying with these rules the design prepared by Structural Engineer as may be required under these rules.
(2) To submit addendum to the certificate or a new certificate in case of subsequent changes in structural design.
### 55. Duties and Responsibilities of Owner or Applicant.
(1) To appoint an Architect, Licensed Building Surveyor, a Structural Engineer, a Geo- Technical Engineer and a Structural Reviewer as may be required under these rules.
(2) To provide safety of workers and others during excavation, construction and erection.
(3) To ensure that no undue inconvenience is caused, in course of the construction activities,
(4) To do Observe and perform directions of the Municipal Commissioner issued from time to time and all terms and conditions of the Building Permit and the provisions of all laws rules and regulations relating to the building.
(5) To be responsible for non-compliance of instructions, details and specifications supplied by the Architect, Licensed Building Surveyor and the Structural Engineer during with the construction of the building.
(6) Not to do or cause or allow any deviation from the sanctioned plan in the course of execution of the building, against the instruction of Architect or Licensed Building Surveyor and Structural Engineer.
Chapter VIII
Requirements as to Sites and Means of Access
--------------------------------------------------------------
### 56. Prohibition for use of site for building.
(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 and the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act XIII of 1979) and the rules and regulations, if any made thereunder in relation to use of any land for erection of a new building or execution of any work.
(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 Commissioner shall determine the same and his decision shall be final.
### 57. Conditions as to use of a building site.
- No piece of land shall be used as a site form" erection, re-erection, addition to or alteration of, any building -
(a) unless the Municipal Commissioner is satisfied on a Soil Investigation Report from a Geo-Mechnical Engineer, giving design parameter on the basis of the condition of the soil at site and accepted by the Structural Engineer, submitted by the person referred to in sub-rule (1) of rule 4 that the site is, from engineering point of view, fit to be built upon:
Provided that no such Soil Investigation Report shall be necessary in the case of a new 1 building or addition to and alteration of an existing building not exceeding 10.0 m. in height:
Provided further that no such Soil Investigation Report shall be necessary for addition to alteration of existing buildings as permissible under Chapter XII of this rule but upto the height of 10.00 m. only:
Provided also that soil investigation, whenever required, shall be done under the direction of a Geo-Technical-Engineer;
(b) if the building to be erected is intended for human habitation, unless the Municipal Commissioner is satisfied that it is capable of being well-drained and that the owner will take necessary steps to drain it;
(c) if the frontage of the site abutting the road is less that five m. unless the Municipal Commissioner is satisfied that the site can. subject to the fulfillment of other conditions specified in these rules, be used for construction of a building.
Provided that if the frontage of the site abutting the road is more than 3.5 m but less than 5.0 m. Municipal Commissioner may sanction building of height of 12.5 m with FAR one grade higher than the width of frontage or passage as specified in Table 3 under rule 70.
Provided further that FAR shall not exceed the permissible limit of the abutting road abutting the premises.
(d) if under sections 364, and 365 laying down and making of street or streets giving access to the site is necessary, unless the street or streets giving such accesses has or have been laid down.
(e) if in accordance with the provisions of clause (f) of sub-section (2) of section 396 and clause (f) of sub-rule (1) of rule 16, the site of the building or execution of work does nit abut on a street or projected street and there is no access to such building or work from any such street by any passage appertaining to such site;
(f) if in the opinion of the Municipal Commissioner it would be unsafe to construct a building on it for reasons to be recorded in writing.
### 58. Distance from electric lines.
- No building or verandah, balcony or projection of 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 provisions of the Electricity Act, 2003 and the rules framed thereunder is less than as specified below :-
| | | | |
| --- | --- | --- | --- |
|
|
|
Vertical Clearance
|
Horizontal Clearance
|
|
(a) |
Low and medium voltage lines including service
lines
|
2.5 m.
|
1.2 m
|
|
(b) |
High Voltage lines upto and including 11,000
volts
|
3.7 m
|
1.2 m
|
|
(c) |
High Voltage lines above 11,000 volts and upto
33,000 volts
|
3.7 m
|
2.0 m
|
|
(d) |
For extra high voltage line beyond 33,000 volts
|
3.7 m plus 0.3 m for every additional 33,000
volts or parts thereof
|
2.0 m plus 0.3 m for every additional 33.000
volts or parts thereof
|
Note: "m" indicates metre(s) ### 59. Prohibitions concerning means of access.
(1) No new building shall be erected or added to on a site unless -
(a) the site abuts on a street which is not less than nine m. in width at any part, or
(b) there is access to the site from any such street by a passage which is not less than nine m. in width at any part;
(c) in the case of a residential building with other occupancy or occupancies if any except educational occupancy, of less than 10% of the total floor area of the building, the width of such street or passage shall not be less than 2.4 m. at any part;
(d) in the 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 m. at any part;
(e) in the case of an educational building with residential occupancy, the width of such street or passage shall not be less than 7.00 m. at any part;
(f) in the case of an educational building with other occupancy or occupancies not being residential if any, of less than 10% of the total floor area of the building, the width of such street or passage shall not be less than 9.0 m. at any part;
However, in case the width of means of access is more, than 7 m. but less than 9.0 m. an educational building of not more than 600 sq. m. of total floor- area may be permitted.
(g) In case of institutional building of total floor area not more than 1000 sq. m. with other occupancies of less than 10% of total floor area the width of such street or passage shall not be less than 7 m. at any part.
(2) Notwithstanding anything contained in sub-rule (1), the Mayor-in- Council may allow any residential building up to a maximum height of 7 m. and FAR of 0.8 on a plot abutting a means of access of not less than 1.2 m. of width at any part:
Provided that in case of a residential building only, a street/passage the width of which is less than 3. 5 m. but not less than 1.2 m. may be considered provided that the width of all such streets or passages, on the front, sides or rear be increased to make the width of the said passage / streets 1.75 m. from the center line of the passage/road by gifting the required portion of land in front by registered document to the Corporation or by relinquishing the required portion land on the sides or the rear by the applicant. However, advantage of FAR and Ground Coverage for such relinquished portion of land shall however be considered, in general;
Provided also that in case of a land area upto 200 sq.m., open space of at least 600 mm. front / side or both, as the case may be, subject to that minimum open space as prescribed in rule 62 is maintained from the original property line before such gift be allowed, in case strip of land has to be gifted to make the width of the means of access 1.75 m. from the centre line of the said means of access, provided, the foundation of the building is not encroached.
Provided further that if the gifting of the proposed strip of land or relinquishing is not practicable for widening of street/passage, the FAR shall be reduced by 20% of the value as shown in Table 3 of rule 70.
(3) Notwithstanding anything contained in the proviso to sub-rule (1) the Mayor-in-Council may in the case of a plot which is 1,000 sq. m. or less, intended for erection or re-erection of a building to be used as an educational building or a place of worship, reduce, by resolution, the requirements of the said proviso -
(a) as to the width of such street, or
(b) as to the width or length of such passage, to such extent as it may deem fit, so, however, that the width of such street or passage shall in no case be less than 1.2 m.
(4) Every new building shall have a means of access as required under these rules and in the case of re-erection, addition to or alteration of an existing building or otherwise the existing means of access shall not be reduced below the levels required under these rules.
(5) No buildings shall be erected, re-erected, added to or altered to deprive any other building of the means of access as required under these rules.
(6) 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 Commissioner may, in accordance with the provisions of clause (c) of sub-section (1) of section 405. place special conditions concerning exit or entry from any street.
(7) Any building which is in full or part is put to assembly occupancy for the purpose of theatre, motion picture, city hall, dance hall, skating ring, auditorium, exhibition hall or for similar other purposes viz schools and colleges shall not be allowed on a plot located within 50 m. of junction of two streets the width of each of which is 15 m. or more.
### 60. Requirements of a passage.
(1) The Mayor-in-Council may, in consultation with the Municipal Building Committee with regard to different categories of streets as classified under section 346 or different occupancy or use groups as referred to under sub-section (2) of the section 390, specify from time to time the minimum widths and the corresponding maximum lengths of any passage in relation to the specified sizes of plots or heights of buildings or both.
(2) Every person who erects, re-erects, adds to or alters any building shall in a distinctive manner show the whole area of any means of access appertaining to a site on the site plan.
(3) Every means of access appertaining to a site shall be drained and lit to the satisfaction of the Municipal Commissioner 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.
Chapter IX
Open Spaces
---------------------------
### 61. Open space prescribed for one site not to be taken for another site.
(1) No building shall at any time be erected on any open space prescribed under these rules for a building and forming 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.
(2) For the purpose of this rule, the back of a building shall be deemed to be that face of the building which is furthest from any means of access to the site:
Provided that, where a building is situated at the side of more than one street or passage, the hack of the building shall be deemed to be that face of the building which is furthest from the widest of all such streets or passages:
Provided further that the Commissioner having regard to the conditions prevailing at the site and its surrounding may allow the prayer to treat some other face as the back of the building.
(3) Every building shall have exterior open spaces comprising front open space, rear open space and side open space as mentioned in rule 62 to rule 69. 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. These provisions shall also be applicable to each individual building when a plot of land contains more than one building, provided that the rear open space for this purpose is to be taken as the average width available along the entire rear face of the building with the minimum width available being not less than 50% of the stipulated width.
(4) Every open space required to be provided under these rules shall be kept open to sky and no roof, weather shed or cornice more than 0.6 m. in width shall overhang or project over the said open space.
### 62. Minimum open spaces with respect to buildings for residential use.
-
| | | | | |
| --- | --- | --- | --- | --- |
|
Height of building
|
Front open space
|
Open space on side-1
|
Open space on side-2
|
Rear open space
|
|
Upto 7.0 m
|
1.2 m
|
1.2m
|
1.2 m
|
2.0 m
|
|
Above 7.0 m upto 10.0 m
|
1.2m
|
1.2m
|
1.2m
|
3.0m
|
|
Above 10.0 m upto 12.5 m
|
1.2m
|
1.2m
|
1.5m
|
3.0m
|
|
Above 12.5 m upto 15.5 m
|
2.0m
|
1.5m
|
2.5m
|
4.0m
|
|
Above 15.5 m upto 20.0 m
|
3.5m
|
4.0m
|
4.0m
|
5.0m
|
|
Above 20.0 m upto 25.5 m
|
5.0m
|
5.0m
|
5.0m
|
6.5m
|
|
Above 25.5 m upto 40.0 m
|
6.0m
|
6.5m
|
6.5m
|
8.5m
|
|
Above 40.0 m upto 60.0 m
|
8.0m
|
8.0m
|
8.0m
|
10.0m
|
|
Above 60.0 m upto 80.0 m
|
10.0m
|
15% of the height of building or 11.0 m.
whichever is less
|
15% of the height of building or 11.0 m.
whichever is less
|
12.0m
|
|
Above 80.0 m
|
12.0m
|
15% of the height of building or 14.0 m.
whichever is less
|
15% of the height of building or 14.0 m.
whichever is less
|
14.0m
|
Provided that in case of a building for residential use having irregular shape at the back of the building, the rear open space will be considered on the basis of the average rear open space as per following calculations :
(a) a minimum of 1.5 m for building height upto 7.0 m;
(b) a minimum of 2.0 m for building height above 7.0 m and upto 12.5 m;
(c) a minimum of 3.0 m for building for building height above 12.5 m and upto 15.5 m;
(d) a minimum of 4.0 m for building height above 15.5 m and upto 20.0 m.;
Explanation : Total projected area of the rear open space in sqm. should be divided by width of the rear of the building in meters.
### 63. Minimum open spaces with respect to buildings for educational use.
-
| | | | | |
| --- | --- | --- | --- | --- |
|
Height of building
|
Front open space
|
Open space on side-1
|
Open space on side-2
|
Rear open space
|
|
Upto 10.0 m for land area upto 500.0 sq. m
|
2.0m
|
1.8 m
|
4.0 m
|
3.5 m
|
|
Upto 10.0 m for land area above 500.0 sq. m
|
3.5 m
|
3.5 m
|
4.0 m
|
4.0 m
|
|
Above 10.0 m upto 15.5 m
|
3.5 m
|
4.0 m
|
4.0 m
|
5.0 m
|
|
Above 15.5 m upto 20.0 m
|
5.0 m
|
5.0 m
|
5.0 m
|
6.0 m
|
|
Above 20.0 m
|
20% of the height of building or 6 m, whichever
is more
|
20% of the height of building or 5 m, whichever
is more
|
20% of the height of building or 5m, whichever is
more
|
20% of the height of building or 8 m, whichever
is more
|
### 64. Minimum open spaces with respect to buildings for institutional, assembly, business, marcantile and mixed uses.
-
| | | | | |
| --- | --- | --- | --- | --- |
|
Height of building
|
Front open space
|
Open space on side-1
|
Open space on side-2
|
Rear open space
|
|
Upto 10.0m for land area upto 500.0 sq. m
|
2.0m
|
1.2 m
|
4.0 m
|
4.0 m
|
|
Upto 10.0 m for land area above 500.0 sq. m
|
3.0 m
|
3.5 m
|
4.0 m
|
4.0 m
|
|
Above 10.0 m upto 20.0 M
|
4.0 m 4.0m
|
4.0 m
|
5.0 m
|
|
|
Above 20.0 m upto 25.5 m
|
5.0 m 5.0m
|
5.0 m
|
6.0m
|
|
|
Above 25.5 m upto 40.0 m
|
6.0 nr 6.5 m
|
6.5 m
|
9.0m
|
|
|
Above 40.0 m upto 60.0 m
|
8.0 m 9.0 m
|
9.0 m
|
10.0 m
|
|
|
Above 60.0 m upto 80.0 m
|
10.0 m 15% of the height of building or 11.0 m.
whichever is less
|
15% of the height of building or 11.0 m.
whichever is less
|
12.0 m
|
|
|
Above 80.0 m
|
12.0 m
|
15% of the height of building or 14.0 m.
whichever is less
|
15% of the height of building or 14.0 m.
whichever is less
|
14.0 m
|
### 65. Minimum open spaces with respect to industrial and storage buildings.
-
| | | | | |
| --- | --- | --- | --- | --- |
|
Height of building
|
Front open space
|
Open space on side-1
|
Open space on side-2
|
Rear open space
|
|
Up to 10.0 m 12.5 m
|
5.0 m
|
4.0 m
|
4.0 m
|
4.5 m
|
|
Above 10.0 m 12.5 m upto 20.0 m
|
6.0 m
|
6.5 m
|
6.5 m
|
10.0 m
|
|
Above 20.0 m
|
20% of the height of building or 6m, whichever is
more
|
20% of the height
|
|
|
|
of building or 6.5m, whichever is more
|
20% of the height of building or 6.5m, whichever
is more
|
20% of the height of building or 10.0m, whichever
is more
|
|
|
### 65A. Minimum open spaces with respect to heritage building and / or land having water body.
- In case of heritage building and/or land having water body, Mayor-in-Council may allow, on the recommendation of Municipal Building Committee, necessary relaxation in respect of front, sides and rear spaces keeping sufficient open space available for movement of Fire and Emergency vehicles upto the satisfaction of West Bengal Fire & Emergency Services provided that the existing Heritage Building or Water Body or both taken together occupy at least 25% of the land area.
### 66. Joint Open Space.
- Subject to the provisions of rules 63, 64. 65 and 66, joint open space shall be provided in between two buildings, if the height of one of such buildings exceeds 15.50 m. whether or not both buildings belong to the same owner, as follows:
(1) 7.00 m - if height of both the buildings exceeds 15.50 m;
(2) If one of the building exceeds 15.50 m. in height-
(a) 5.00 m - if height of the other building is more than 12.5 m but less than 15.5 m.
(b) 4.00 m - if height of the other building is more than 10.0 m but less than 12.5 m
(c) 3.50 m - if height of the other building is more than 7.0m but less than 10.0 m
(d) 3.00 m - if height of the other building does not exceed 7.0 m.
(3) The above rule of joint open space shall not be applicable in case the adjoining structure is not exceeding 5.0 m. in height.
(4) In case of multiple blocks of buildings connected with each other, the open spaces between the two blocks will have to be 40% 15% of the height of the lower block or 7.0 m. whichever is more.
### 67. Interior open space.
(1) In case the whole of one side or part of at least two sides of every habitable room is not abutting the front, rear or side open spaces it shall abut an interior open space. Interior open space at ground level shall be called courtyard.
(2) Any room, which is separated only by a verandah from that interior open space, shall be deemed to abut on such interior open space for the purpose of this rule.
(3) The minimum dimension of any side of every interior open space (a) 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 m., whichever is more (b) at any other level, all sides of which are enclosed by a building or part thereof, the height shall be measured from the said level where interior open space is formed.
(4) Notwithstanding anything contained in sub-rule (3), if all sides of an interior open space are enclosed by a combination of higher and lower blocks of a building, then minimum dimension of such interior open space shall be governed by the height of lower block provided that in no case the covered "area of" such lower block shall be less than-25% of the total Covered area of the concerned building constituting the interior open space.
(5) For the purpose of this rule, if any interior open space or courtyard enclosed on three sides by a building or part there use of is meant to serve lighting and ventilation purpose to a part or whole of one side of one or more habitable rooms, then the minimum width of such open space shall be 2.4 m. for buildings upto 15.5 m. in height; 3.5 m. for buildings above 15.5 m. upto 25.5 m. in height; 5.0 m. for buildings above 25.5 m. up to 40.0 m. height; and 7.0 m. for all buildings above 40.0 m. in 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.
(6) 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 sq. m.
### 68. Exemption related to open space.
(a) 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 60 cm) shall be allowed to overhang or project over open spaces Provided that such projections shall not be allowed at a height less than 2.5 m. over the ground level. Ducts for encasing pipe lines, pipe supports etc: will however be allowed from the ground level without creating obstruction to the movement of vehicles/fire tenders wherever applicable as per rule;
(b) Sewers and its appurtenances, under ground water reservoir, septic tank and ramp may be allowed to be constructed in the open spaces upto 60 cm above ground level provided that these do not obstruct vehicular movement;
(c) Notwithstanding anything contained in rule 63,64,65 the front open space is 3.50 m. or more, gate goomty not exceeding a height of 3.0 m. and an area of 9.0 sq. m. for security purposes may be allowed on the said open space. Such goomty shall be so located as not to obstruct vehicular movement from the means of access to the side or rear open spaces and shall be exempted from the provisions of rules 63, 64, 65 One such gate goomty will be allowed for every 2000 sq. m of land area;
(d) In case of residential building only, the projections (overhang) of wardrobes, alcoves, cup boards and shelves shall be permitted at floor level upto 50 cm from the first floor level and above and provided the area of each such cupboard shall not exceed 2.0 sq. m. per habitable room and shall not exceed 3% of the respective gross floor area of the building of which such cupboards form a part. However in exterior open space this can be extended to 60 cm from first floor onwards for buildings having side open space more than 2.5 m.;
(e) A canopy or canopies and or a porch/porches each not exceeding 15 sq. in. in area or one percent (1 %) of the ground floor area whichever is higher, having a clear width of not less than 2.5 m. may be allowed at a minimum clear height of 2.5 m. from the ground level provided that requisite space for the movement. of fire tenders is left all round the building unobstructed by such canopies/porches;
(f) Outdoor type transformer will be allowed to be installed in the mandatory open space provided-
(i) There will remain after such proposed installation clear minimum open space of 1.2 m. from the adjoining boundary line.
(ii) While providing such space for transformer, a minimum open space of 4.00 m. shall have To be kept to facilitate vehicular movement wherever applicable.
Chapter X
Area and Height Limitations
------------------------------------------
### 69. Floor Area Ratios.
(1) The Floor Area Ratios shall be as specified in Table 3 below: -
Maximum Permissible Floor Area Ratio
| | | |
| --- | --- | --- |
|
|
|
Use Groups of Buildings\*
|
|
SI. No.
|
Width of Means of Access (m) |
Residential Buildings
|
Educational Buildings
|
Industrial, Storage and Hazardous Buildings
|
Assembly, Institutional Business, Mercantile
Buildings including Mixed use Buildings.
|
|
1.
|
Upto 2.4
|
Nil
|
Nil
|
Nil
|
Nil
|
|
2.
|
Above 2.4 to 3.5
|
1.25
|
Nil
|
Nil
|
Nil
|
|
3.
|
Above 3.5 to 7.0
|
1.75
|
Nil
|
Nil
|
Nil
|
|
4.
|
Above 7.0 to 9.0
|
2.00
|
2.00
|
Nil
|
Nil
|
|
5.
|
Above 9.0 to 15.0
|
2.25
|
2.25
|
2.00
|
2.00
|
|
6.
|
Above 15.0 to 20.0
|
2.50
|
2.50
|
2.00
|
2.25
|
|
7.
|
Above 20.0 to 24.0
|
2.75
|
2.75
|
2.00
|
2.50
|
|
8.
|
Above 24.0
|
3.00
|
3.00
|
2.00
|
2.75
|
Provided that the width of means of access mentioned under Table 3 is to be taken as the average road width abutting the entire length of the plot.
(2) While calculating the floor area under this chapter, the following shall not be included, namely:-
(a) stair cover not exceeding 3.0 m. in height and stair case with landing upto the extent of the width of the stairway in each floor including ramp if there be any,
(b) lift machine room as per latest edition of the National Building Code,
(c) lift landing lobby with a maximum area of 6 sq.m. in all floors including roof if any, 3.0 sq.m for every lift in each floor including roof, if any,
(d) roof tanks and their support, the height of support not exceeding 1 m,
(e) chimneys, ventilating, air-conditioning and service equipments attached to the building:
Provided that the aggregate area of these structures mentioned at (a) to (d) above shall not exceed one-third area of the roof upon which these are erected,
(f) areas of loft, ledge or tand and areas of cupboards or wardrobes upto a maximum extent of 3% of total floor area,
(g) the actual area used for covered car parking space and area of basement used for car parking only in accordance with table 6 of sub-rule (1) of rule 78 subject to a maximum permissible limit for one car parking space of 25 sq. m for ground floor and 35 sqm 40 sqm. other than ground floor inclusive of all circulation spaces and ramps,
Provided that, if additional parking is provided in excess of provisions in table (6) of sub - rule (1) of rule 78 in case of big residential complexes, old residential high - rise buildings, Mega Commercial Project, hospitals and educational buildings etc., the additionally provided parking space should not be counted as consumption of Floor Area Ratio.
(h) area of service floor as permitted in rule 114.
(i) areas for toilet, garden covered with permeable material, pergola, expanded or similar other materials at the roof level upto 5% of the total roof area or 10 sq. m whichever is less.
(j) the area of escalator;
(3) In addition to the above provision, the exemptions in calculation of FAR shall also be permissible as per provision in rule 68.
(4) In case of premises having a heritage building, the Floor Area Ratio of the premises may be increased upto a maximum of 0.5 but in no case the floor area increased be more than the floor area of retained heritage building (part or full) upon obtaining recommendation of the Heritage Conservation Committee from heritage point of view.
### 69A. Allowing additional Floor Area Ratio.
(1) Notwithstanding anything contained in rule 69 of these rules, incremental Floor Area Ratio may be allowed over and above the Floor Area Ratio allowable under rule 69 of these rules in the following cases:
(a) 10% additional Floor Area Ratio shall be allowed in cases of any proposed or constructed green buildings and certification of green buildings will be done by the designated authorities or agencies to be notified by the Department of Municipal Affairs, Government of West Bengal;
(b) additional Floor Area Ratio of 15% may be allowed in cases of Mass Housing Projects, Hospitals, Information Technology Buildings, Mega Commercial Projects, if there are adequate municipal infrastructure and facilities available in the locality to cater to the enhanced civic demands;
(c) in areas located within 500 meters on either side of the operational metro corridor or under Construction Metro Corridor where Construction work has actually began, a maximum of 15% additional Floor Area Ratio may be allowed over the prescribed limit in respect of the properties abutting means of access of 15 meters to less than 24 meters, and a maximum of 20% addition Floor Area Ratio may be allowed over the prescribed limit for properties abutting means of access 24 meters and above.
(2) For allowing additional Floor Area Ratio, as mentioned in clauses (a) to (c) in sub-rule (1) of this rule, following conditions shall be complied with:
(1) in no case the benefit, as mentioned in clauses (a) to (c) in sub-rule (1) of this rule, shall be clubbed;
(2) the grant of additional Floor Area Ratio must be in conformity with the Land Use Developmental Control Plan and must not contravene any other building rule or the norm for structural stability or any norm of other regulatory authorities (e.g. Environment Department, Pollution Control Board, Fire and Emergency Services Authority, etc.);
(3) there should be adequate municipal infrastructure and facilities to cater the enhanced civic demand.
### 70. Ground Coverage in respect of buildings.
(1) For any building the area of the plot to be covered by such building shall be as given in the table 4 below:-
Ground Coverage for Building
| | |
| --- | --- |
|
Occupancy or Use Group
|
Maximum Percentage of Ground Coverage
|
|
Plot Size up to 200 sq. m.
|
Plot Size up to 500 sq. m. or more
|
|
Residential
|
60%
|
50%
|
|
Educational
|
50%
|
45%
|
|
Institutional
|
40%
|
40%
|
|
Assembly
|
40%
|
40%
|
|
Mercantile (Retail) |
40%
|
40%
|
|
Industrial
|
40%
|
40%
|
|
Storage
|
40%
|
40%
|
|
Business
|
40%
|
40%
|
(2) For any other size of the plot in between plot size of 200 sq. m. and 500 sq. m., the percentage coverage shall be calculated by direct interpolation.
(3) Notwithstanding anything contained in sub-rule (1), for plots measuring more than 5000 sq. m. in area, the maximum, permissible ground coverage shall be 45% for residential building or buildings and 35% for building or buildings with other occupancies including mixed occupancy.
(4) for buildings on plots measuring 5000 sq. m, additional ground coverage to the extent of 15% may be allowed for car paring and building services. The additional ground coverage of 15% will be exclusively utilized for car paring, ramps, staircase, lift for upper level car parking and building services such as A.C. plant room, generator room, fire fighting equipments, electrical equipments etc. not exceeding 5% out of such 15% subject to compliance of other relevant rules.
(4) For building on plots measuring above 3000 Sqm. and upto 5000 Sqm., additional ground coverage to the extent of 10% may be allowed for car parking and building services. The additional ground coverage of 10% will be exclusively utilized for car parking, ramps, stair case, lifts for upper level car parking and building services, such as A.C. Plant room, Generator Room, Fire Fighting equipment, electrical equipment etc. not exceeding 3% out of such 10% subject to compliance of other relevant rules.
(5) For building on plots measuring above 5000 Sqm., 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, stair case, lifts for upper level car parking and building services, such as A.C. Plant room, Generator Room, Fire Fighting equipment, electrical equipment etc. not exceeding 5% out of such 15% subject to compliance of other relevant rules.
### 71. Transfer of Open Space.
(1) Where any plan for the erection of a building on any plot or for addition for any existing building has been sanctioned taking into account the extent of open space on such plot as shown in the plan and the Floor Area Ratio allowable therefore under these rules and the whole of such open space or any part thereof has been transferred, then -
(a) if the transfer takes place before the commencement of the erection of the building or the execution of the work of such addition or alteration, such erection or such addition or alteration shall not be undertaken until a fresh plan on the basis of the area of the open space after the transfer is submitted and sanctioned under these rules;
(b) if such transfer takes place during such erection or addition or alteration, the work of such erection or such addition or alteration shall not be proceeded with until a revised plan showing the extent of the open space on the basis of which the Floor Area Ratio may be allowed, is submitted and sanctioned under these rules;
(c) if such transfer takes place at any time after completion of such erection or such addition or alteration-
(i) the completion certificate if not already granted, shall not be granted, and
(ii) such portion of the building or the addition or alteration as is not allowable under these rules because of such transfer, shall be demolished, and
(iii) the extent of the building or such addition or alteration and the portion there which shall be demolished, shall be determined by the Municipal Commissioner:
Provided that no action under this sub-clause shall be taken without giving owner and the persons likely to be affected thereby a reasonable opportunity of being heard.
### 72. Addition of new plot.
- When one or more new plots of land are added to one or more premises by way of amalgamation or otherwise, the existing buildings on any such plots may be considered to be in accordance with these rules at the material time when the building/buildings was/were sanctioned are satisfied considering amalgamated plot to be one parcel of land. Addition and alteration to the sanctioned building or addition of a new building or new block on newly added land/lands may be permitted as per prevailing rules considering amalgamated land to be one parcel of land.
### 73. Linking of two blocks.
- Notwithstanding anything contained in rules 62, 63, 64 and 65 if there are two adjacent plots or adjacent buildings belonging to the same owner, gangways between these two buildings may be permitted at any level subject to the condition that it does not obstruct movement of vehicles or fire vehicles, as the case may be, the minimum width of the gangway being not less than that of a stairway and not exceeding 3.00 m. at any place.
### 74. Permissible Height of Buildings.
(1) The permissible height of the buildings on means of access of different widths shall be as given in Table 5:-
Permissible Height of Buildings
| | | |
| --- | --- | --- |
|
Width of Means of Access (in m.)
|
Permissible Height of Building (in m.)
|
Permissible Height of Building ( in m.)
|
|
|
|
In case of free gifting of strip of land having a
width of 2.5 m. throughout the frontage of the entire plot.
|
|
(i) above 2.4 upto 3.0
|
7.0
|
Nil
|
|
(ii) above 3.0 upto 5.0
|
10.0
|
12.5
|
|
(iii) above 5.0 upto 7.0
|
12.5
|
15.5
|
|
(iv) above 7.0 upto 9.0
|
20.0
|
25.5
|
|
(v) above 9.0 upto 12.0
|
40.0
|
-
|
|
(vi) above 12.0 upto 15.0
|
60.0
|
-
|
|
(vii) above 15.0
|
No restriction
|
-
|
Note:
(1) There will be no restriction in heights of buildings on plots abutting means of access above 10 m. in width subject to free gifting of strip of land having a width of 5 m. throughout the front of the entire plot along the means of access. However, this increase in height as mentioned above shall be permissible provided the area of the plot is at least 2,500 sq. m. and frontage of the plot abutting the main road is at least 15.0 m.
(2) In case of such additional height obtained by free gifting the strip of land as mentioned here-in-above, the applicant will get FAR of original road width only however, the applicant will be given benefit of FAR and ground coverage taking into consideration the portion gifted to the Corporation.
(3) average width of the means of access shall be calculated as per area of the means of access in sqm. abutting the premises divided by the length of the frontage of the property.
(4) Mayor-in-Council may allow additional height for a proposed building on a plot of land where there is water body or a heritage building on the recommendation of the Municipal Building Committee provided that the existing Heritage Building or Water Body or both taken together occupy at least 25% of the land area.
### 75. Height limit for civil aviation purposes.
- For any building to be erected, or re-erected in terms of clause (b) of sub-section (1) of section 390, or added to, in the vicinity of an aerodrome, or which may affect the functioning of any microwave system for telecommunication purposes, the height of such building shall, in accordance with the second proviso to sub-section (5) of section 391 be governed by such rules or directions as may be made or issued in this behalf by the Government of India.
### 76. Height exemption.
- The height of the following appurtenant structures shall not be included in calculating the height of a building:-
(a) roof tanks and their support, the height of support not exceeding one m.,
(b) ventilating, air-conditioning and similar service equipment,
(c) chimneys,
(d) parapet walls not exceeding one and a half m. in average height,
(e) lift machine room as specified in the latest publication of National Building Code, and stair cover upto, a height of 3 m. from the roof level,
(f) toilet at roof level upto a height of 3.0 m. subject to maximum floor area of 3.00 sq. m,
(g) garden cover with permeable material not exceeding 3.00 m. in height,
(h) equipments for telecommunication such as microwave antennae, towers and dish antennae as well as room for installing the said equipments or their support equipments subject to a maximum area of 25 sq. m. and further subject to permission of the same from Municipal Commissioner,
(i) raising of ground level upto 600 mm. provided the entire site is raised to avoid flooding for areas prone to water logging with prior permission of the Municipal Commissioner.
Note: the aggregate area of such structures in clauses (a) to (h) above shall not exceed one-third of the area of the roof of the building upon which these are erected.
Chapter XI
Parking, Loading and Unloading Space
----------------------------------------------------
### 77. Minimum Parking Space.
(1) No off-street parking space shall be less than -
(a) 12.5 sq. m. (2.5 m. in width and 5 m. in length), for a motor car, with a minimum head room of 2.2 m. if parked in a covered area,
(b) 37.5 sq. m. (3.75 m. in width and 10 m. in length), for a truck and bus with a minimum head room of 4.75 m. if parked in a covered area.
(2) The minimum width of circulation driveway to be provided for adequate maneuvering of vehicles shall be 4.0 m. for cars and 5.00 m. for trucks exclusive of parking space referred to in sub-rule (1) However, a projection from a height above 5.50 m. 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 ground floor level.
(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 vehicles 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 of the area of respective uses a uses.
(5) Notwithstanding anything contained in sub-rules (1), (2), (3) or (4), if the site abuts on a street or means of access-which is less than 3.5 m., parking space may not be insisted upon.
(6) (a)
In case of buildings of Single Occupancies, other than residential and education, for the purpose of calculating requirement of car parking spaces, the area of common spaces shall be excluded.
(b) In case of buildings used only for residential or educational occupancy or both, for the purpose of calculating requirement of car parking spaces, the area of common spaces shall be included.
(c) In case of buildings having mixed occupancies / more than one occupancies wherein one of the occupancy types is residential or educational, for the purpose of calculating requirement of car parking spaces, the area of common spaces in the proportion of residention of residential or educational usage to the area of the whole building, shall be taken into account.
### 78. Parking Space requirements for motor cars.
(1) The packing space requirements for motor cars in respect of different categories of buildings are given in Table 6 below: -
Off-street Car Packing Space
| | | |
| --- | --- | --- |
|
SI. No.
|
Occupancy
|
Car Parking Space Requirement
|
|
I.
|
Residential
|
(1) Building with single tenement -
|
|
|
|
(a) For a building having one tenement of less
than 100 sq. m. in floor area - no car parking space;
|
|
|
|
(b) For a building having a tenement of 100 sq.
m. or more but less than 200 sq. m. of floor area - one car
parking space;
|
|
|
|
(c) For a building having one tenement of 200
sq. m. or more of floor area - one car parking space for every
200 sq. m.
|
|
|
|
(2) Buildings with multiple tenements-
|
|
|
|
(A) Tenement with less than 50 sq. m. of floor
area -
|
|
|
|
(a) Up to 5 such tenements - no car parking
space,
|
|
|
|
(b) For 6 such tenements - one car parking
space,
|
|
|
|
(c) For every additional 6 of such tenements -
one additional car parking space.
|
|
|
|
(B) Tenement with more than 50 sq. m. but less
than 75 sq. m. of floor area-
|
|
|
|
(a) Up to 3 such tenements - no parking space,
|
|
|
|
(b) For 4 such tenements - one car parking
space,
|
|
|
|
(c) For every additional 4 of such tenements -
one additional parking space.
|
|
|
|
(C) Tenement with more than 75 sq. m. but less
than 100 sq. m. for every two such tenement additional one car
parking space.
|
|
|
|
(D) Tenement with more than 100 sq. m. floor
area - one car parking space for 100 sq. m. and one car parking
space for every additional 100 sq. m
|
|
|
|
(E) Tenements of different sizes in a building -
Car parking space shall be calculated on the basis of each
size-group, where no car parking space is necessary under (A) ,
(B) , (C) and (D) so, however, that at least one car parking space
shall be necessary for more than 300 sq. m. of the total covered
area in the building irrespective of number of sizes of
tenements.
|
|
II.
|
Educational
|
(a) For floor area up to 100 sq. m. used for
administrative purpose - no car parking space,
|
|
|
|
(b) For floor area of more than 100 sq. m. but
less than 400 sq. m. used for administrative purpose - one car
parking space,
|
|
|
|
(c) For floor area of 400 sq. m. and above used
for administrative purpose - one car parking space for every 400
sq. m.
|
|
|
|
(d) For every new educational building having
total covered area of more than 1000 sq. m., one bus parking
space for every 1000 sq. m. shall be required. This shall be in
addition to the car parking space required for the building.
|
|
III.
|
Institutional
|
(a) For hospitals and other health care
institutions run by Government, statutory bodies or local
authorities -
|
|
|
|
(i) one car parking space up to 20 beds and one
car parking space for every additional 20 beds,
|
|
|
|
(ii) One car parking space for every 100 sq. m.
of floor area where beds are not provided.
|
|
|
|
(b) For hospitals and other health care
institutions not run by the Government, statutory bodies or local
authorities - one car parking space for every 75 sq. m. of floor
area, subject to a maximum of 500 parking spaces.
|
|
IV.
|
Assembly
|
(a) For theatres, motion picture houses, city
halls, dance halls, skating ring, exhibition halls, town halls,
auditorium or similar other halls, or such other places -
|
|
|
|
(i) having fixed seating arrangement - one car
parking space for every 10 seats,
|
|
|
|
(ii) having no fixed seating arrangements - far
every 35 sq. m. of carpet area, one car parking space,
|
|
|
|
(b) For restaurant, eating houses, bars, clubs,
gymkhana - no car parking space shall be necessary up to a total
covered area of 20.0 sq. m. For carpet area of more than 20 sq.
m. one car parking space for every 35 sq. m. or part thereof
shall be necessary.
|
|
|
|
(c) For hotels and boarding houses - (i)one car
parking space for every two (2) guest rooms shall be necessary
for star hotels, (ii) One car parking space for every four (4)
guest rooms or part thereof shall be necessary for other hotels
and boarding houses. (iii) Additional car parking space for
areas, to be used as restaurant, dinning, hall, shopping halls,
seminar halls, banquet halls and other purposes - one car parking
space for every 35 sq. m. of carpet area or part thereof shall be
necessary,
|
|
|
|
(d) For other assembly buildings like place of
worship, gymnasium sports stadium, railway or by passenger
station, airport terminal or any other places where people
congregate or gather for the purpose as specified in clause (d) of sub section (2) of section 390 - of the Act - requirement of
parking space shall be determined by the Mayor-in-Council.
|
|
V.
|
Business
|
(a) For floor area up to 1500 sq. m. - one car
parking space for every 50 sq. m. of carpet area.
|
|
|
|
(b) For floor area in additional to the number
of ear parking spaces as required in terms of clause (a) above,
additional one car parking space for every 75 sq m. of carpet
area beyond 1500 sq. m. of floor area,
|
|
|
|
(c) For floor area above 5000 sq. m - in
addition to the number of car parking spaces required in clause
(a) and (b) above, additional one car parking space for every 100
sq.m of carpet area beyond 5000 sq.m.
|
|
VI.
|
Mercantile (Retail) |
(a) For carpet area lip to 25 sq. m.- no car
parking space.
|
|
|
|
(b) For carpet area above 25 sq. m. - one car
parking space for every 35 sq. m.
|
|
VII.
|
Industrial or Storage or Hazardous or Mercantile
(Wholesale) |
(a) For floor area above 200 sq. m. - one car
parking space,
|
|
|
|
(b) For floor area above 200 sq. m. - one car
parking space for every 200 sq.m. and one truck parking space for
every 1000 sq. m. subject to a minimum of one truck parking
space,
|
|
|
|
(c) In no case the required car parking space
shall exceed 50 and the required truck parking space shall exceed
50.
|
Note: Calculations for required car parking space should be made on the basis of carpet area of the building unless otherwise, mentioned, other than the car parking area itself.
(2) Notwithstanding the provisions of sub-rule (1), the Mayor-in-Council may in any area or ward or borough for the purpose of this provision consultation with the Municipal Building Committee, require additional parking spaces to be provided in such area as mentioned in Table 6 (1) of sub-rule of this rule.
(3) multilevel mechanical parking shall only be allowed on the open spaces without encroaching the statutory open spaces. The number of cars so parked shall not be more than fifteen percent of the car parking requirement as stipulated in sub rule (1) subject to approval of the mayor in Council in consultation with Municipal Building Committee.
(3) Mechanical parking shall be allowed in all floors and in open space without encroaching the statutory open spaces up to two tire level with 5.0 m. ramp and driveways provided advantage of FAR will be given for one tire of parking only and no back to back parking will be allowed.
### 79. Parking, loading and unloading space for transport vehicles.
- In the case of any building other than a residential building, the Mayor-in-Council shall, in consultation with the Municipal Building Committee, specify the requirements of parking, loading and unloading spaces for trucks, buses, ambulance vans or other types of transport vehicles as necessary in addition to the spaces required for motor cars.
### 80. Parking spaces to be distinct.
- The open spaces required under Chapter IX 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 6.00 m. width is maintained provided that a clear driveway is maintained as follows :
(i) 4.0 m. for building height upto 15.5 m.;
(ii) 5.0 m. for building height above 15.5 m. and upto 25.5 m.; and
(iii) 6.0 m. for building height above 25.5 m.
Chapter XII
Provisions For More Than One Building In A Plot
----------------------------------------------------------------
### 81. General.
(1) The provisions of this Chapter shall, notwithstanding anything contained in any other provisions of these rules, but, subject to the provisions of the Act, apply in relation to more than one building on a plot:
Provided that a two storied service building upto a maximum floor area of 200 sq. m. in the same plot shall not be considered as more than one building for this purpose provided such building complies with the other provisions of these rules.
(2) 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.
(3) The width of such internal roads shall not be less than 4.0 m. Where internal road of 4.0 m. of width is not possible to be. provided due to an existing building constructed prior to the commencement of these rules, a building of not more than 7 m. in height may be allowed, provided that the width of the internal road shall not be less than 1.20 m.
(4) Every internal road as required under this rule shall be kept free from any projection thereon and shall be kept open to the sky. No chajja or cornice or weather shed more than 600 mm. shall overhang or project thereon.
(5) The minimum width and the maximum length of all such internal roads shall be as per table below: -
Width and Length of Internal Roads
| | |
| --- | --- |
|
Minimum width of Internal Roads
|
Maximum Length of Internal Roads
|
|
|
For internal roads
closed at one end
|
For internal roads
open to street at both end
|
|
(a) 4.00 m.
|
50 m.
|
100 m.
|
|
(b) 7.00 m.
|
100 m.
|
200 m.
|
|
(c) 9.00 m.
|
No restriction
|
No restriction
|
(6) 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 5 of sub-rule (1) of rule 74.
(7) In case of buildings within a plot not being of same occupancy, any individual building of any particular occupancy shall comply with the rules for that occupancy excepting the provisions of ground coverage and floor area ratio.
(8) Every building shall have minimum external open spaces as prescribed under Chapter IX of these rules, provided that on these open spaces, internal roads may be constructed.
(9) The plot having an existing heritage building or a water body, the internal road width between such buildings may be allowed to be 3.5 m. irrespective of the length of such internal road on the recommendation of the Municipal Building Committee without disturbing such heritage building or water body provided that the existing heritage building or water body or both taken together occupy at least 25% of the land area.
Chapter XIII
Existing Building
-----------------------------------
### 82. Provisions regarding existing buildings.
(1) The provisions of this chapter shall, notwithstanding anything contained in any other provisions of these rules, apply in the case of an existing building.
(2) In this chapter, the expression "existing building" means 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 Bengal Municipal Act, 1932, Kolkata Municipal Act, 1951, Kolkata Municipal Corporation Act, 1980, or any other law for the time being in force and which does not comply with the provisions of rule 62 rule 63 rule 64 rule 65 rule 66 and rule 70 of these rules and -
(a) the buildings which are allowed to stand under section 400(1) of the Act, and
(b) the buildings allowed to stand in refugee rehabilitation plots under section 4l3A of the Act.
(3) Even if the height of the building exceeds fifteen and a half m.; the same shall be subject to compliance with the provisions of rule 69.
(4) The extent of the setback shall be such as to make the addition to the building conform to the provisions of Chapter IX from the property boundaries.
(5) If any car parking space is required to be provided under Chapter XI for the new area proposed to be added and no such car parking space can be provided in such existing building, the floor area allowable under rule 69 shall be reduced by the area required for such car parking space. For this calculation, the area required for one car parking space is to be taken as 25 sq. m. Existing car parking spaces as per sanctioned building plan shall be taken into account as car parking spaces, even if the same does not conform to the specified size of 2.50 x 5 m.
(6) If the dimension of stair, corridors, ventilating shaft and set backs of an existing building constructed as per the sanctioned plan are less than those stipulated under the present rule, the Municipal Commissioner may allow the construction of the added portion as per dimensions of the existing portion, without compliance to the provisions of existing rules.
(7) The provisions of other Chapters of these rules shall apply in all other respects.
Chapter XIV
Provisions For Buildings In Government Approved Schemes
------------------------------------------------------------------------
### 83. General.
- Notwithstanding anything elsewhere contained in these rules, the provisions of this Chapter shall apply in respect of matters provided therein, in the case of buildings constructed by Governments, or any of the statutory bodies mentioned in clause (a) of sub-section (8) of section 171 under any Government approved scheme, for residential use of persons belonging to low income group or of industrial workers.
### 84. Size of the plot for a building.
- The minimum size of a plot shall not be less than 30 sq. m. and the maximum size of a plot shall not be more than 65 sq. m.
### 85. Means of Access.
(1) No building shall be constructed on a plot if the width of the means of access to the site is less than 1.2 m.
(2) No building exceeding 8.0. m. in height shall be allowed on a plot if the width of the means of access to the site is less than 3.5 m.
### 86. Ground Coverage.
- The maximum permissible ground coverage shall be 75% of the area of the plot.
### 87. Maximum height of the building.
- The maximum height of the building shall not be more than 10 m.
### 88. Front Open Space.
- The minimum front open space for a building shall be 0.80 m.
### 89. Rear Open Space.
- The minimum rear open space for a building shall be 1.0 m.
### 90. Side Open Space.
- The building may be of the row-housing type and the maximum length of the buildings in a row shall be 50 m. After every 50 m. of the length of the buildings in a row, there shall be an open space of not less than 2.5 m. 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 not less than 2.5 m.
### 91. Floor Area Ratio.
- The maximum floor area ratio shall be 1.75.
### 92. Parking Space.
- No parking space within the plot shall be necessary.
### 93. Other Criteria.
- All other criteria will be followed as per other rules constituted these rules.
Chapter XV
Provisions For Buildings Constructed By Small Scale Industries In Industrial Estates Approved By Government
---------------------------------------------------------------------------------------------------------------------------
### 94. General.
- Notwithstanding anything elsewhere contained in these rules, the provisions of this Chapter shall apply in respect of matters provided therein, in the case of buildings constructed by small scale industries within an industrial estate approved by Government for residential use or as factory shed / buildings.
### 95. Size of the plot for a building.
- The minimum size of a plot shall be 200 sq. m.
### 96. Means of Access.
- No building shall be constructed on a plot if the width of the means of access to the site is less than 1.2 m 5.0 m.
### 97. Ground Coverage.
- The maximum permissible ground coverage will be 50% for a plot size upto 500 sq. m. and 40% above 500 sq. m.
### 98. Maximum height of the building.
- The maximum height of the building shall be 10m.The Maximum height of the building co-relating to the means of access shall be considered as under :-
| | |
| --- | --- |
|
Road Width
|
Building Height
|
|
5.0 m up to 7.0 m
|
12.5 m
|
|
Above 7.0 m upto 9.0 m
|
15.5 m
|
|
Above 9.0 m
|
20.0 m
|
### 99. Front Open Space.
- The minimum front open space for a building shall be 2 m. for plot size upto 500 sq. m. and 4 m. above 500 sq. m. The minimum front open space for a building shall be as follows :
| | |
| --- | --- |
|
Building Height
|
Minimum Front Open Space
|
|
Upto 12.5 m
|
2.0 m
|
|
Upto 15.5 m
|
2.0 m
|
|
Upto 20.0 m
|
4.0 m
|
### 100. Rear Open Space.
- The minimum rear open space for a building shall be 4.00m.The minimum rear open space for a building shall be as follows :
| | |
| --- | --- |
|
Building Height
|
Minimum Rear Open Space
|
|
Upto 12.5 m
|
4.0 m
|
|
Upto 15.5 m
|
4.0 m
|
|
Upto 20.0 m
|
6.0 m
|
### 101. Side Open Space.
- The minimum side open space on the narrower side will be 1.5 m. and 4.00 m. on the other side.The minimum side open space for a building shall be as follows :
| | |
| --- | --- |
|
Building Height
|
Minimum Side Open Space (Narrower side &
Other Side)
|
|
Upto 12.5 m
|
1.5 m & 4.0 m
|
|
Upto 15.5 m
|
1.5 m & 4.0 m
|
|
Upto 20.0 m
|
6.0 m
|
### 102. Floor Area Ratio.
- The maximum floor area ratio shall be 1.5. The maximum Floor Area Ratio depending on the width of means of access shall be as follows :
| | |
| --- | --- |
|
Width of Means of Access
|
F.A.R.
|
|
5.0 m to 7.0 m
|
1.5
|
|
Above 7.0 m to 9.0 m
|
1.75
|
|
Above 9.0 m
|
2.00
|
### 103. Parking Space.
- One car parking space for every 200 sq. m. of floor area or part thereof.
### 104. Other Provision.
- All other Criteria shall be followed as per the provisions of other rules contained under these rules.
Chapter XVI
Requirements Of Parts Of Buildings
---------------------------------------------------
### 105. 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 in no case it shall be at a height less than 60 cm.
(2) Garage and parking space shall be raised at least 15 cm. above the level of the highest crest of the road of the nearest street and shall be satisfactorily drained.
(3) Every inner courtyard shall be raised at least 30 cm. above the level of the highest crest of the road of the nearest street and shall be satisfactorily drained.
(4) In case of rehabilitation of tenants for shop or any habitable room or for a new shop in the ground floor in excess of mandatory car parking space, a plinth height of 30.0 cms. may be allowed.
### 106. Habitable Room.
(1) No habitable room shall have a floor area of less than 6 sq. m.
(2) No habitable room shall have a width of less than 2.4 m.
(3) No habitable room shall have a height less than 2.90 m. measured from the surface of the floor to the lowest point of the ceiling or the underside of any slab.
(4) All rooms in any building irrespective of their use-group used for human habitation shall comply with sub- rules (1), (2), and (3).
(5) The area of a habitable room proposed under the provisions of Chapter XII of these rules shall not be less than 6 sq. m and height not less than 2.75 m. 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 m. measured from the surface of the floor to the underside of any slab or false ceiling as the case may be.
Provided further that in case of any pitched roof, the average height shall not be less than 2.75 m. and the minimum height at eaves level shall not be less than 2.1 m.
### 107. Kitchen.
(1) No kitchen shall have a floor area of less than 4.5 sq. m. and width of less than 1.5 m.
Provided that if any kitchen is to be used for eating purposes also, such floor area shall not be less than 9.5 sq. m. and the width shall not be less than 2.4 m.
(2) No kitchen shall have a height less than 2.5 m. 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 a pantry, an area meant for the washing of kitchen utensils which shall lead directly or through a sink to a grated and trapped connection to a waste pipe,
(b) an impermeable floor,
(c) a window not less than 1 sq. m. in the area opening directly to an interior or exterior open space, or into any shaft.
(d) a flue duct, if necessary.
(4) In a building constructed under the provisions of Chapter XIII of these rules, the area of a kitchen shall not be less than 3 sq. m. with a minimum width of 1.20 m.
### 108. Pantry.
(1) No pantry shall have a floor area of less than 3 sq. m. and width of less than 1.4 m.
(2) Every pantry shall have -
(a) a means of the washing of kitchen utensils, if not provided in the kitchen, which shall lead directly or through a sink to grated and trapped connection to any waste pipe,
(b) an impermeable floor.
### 109. Bathroom and water closet.
(1) No bathroom shall have a floor area of less than 1.8 sq. m., a width less than 1.2 m. and height less than 2.1 m. measured from the surface of a floor to the lowest point of the ceiling or the underside of any slab:
Provided that it is a combined bathroom and a water closet, such floor area shall not be less than 2.6 sq. m.
(2) No water closet shall have a floor area of less than 1.2 sq. m. and a width less than 1.0 m.
(3) Notwithstanding the provisions of sub-rule (1) or sub-rule (2), in the case of any building referred to in rule 84.
(a) an independent bathroom shall have a floor area of 1.45 sq. m.,
(b) a combined bathroom and water closet shall have a floor area of 2.4 sq.m., with a minimum width of 1.1m.
(4) Every bathroom or water closet shall -
(a) be so situated that at least one of its walls shall face an interior open space or exterior open space or shaft and shall have an opening in the form at a window or ventilator or louvre not less than 0.40 sq. m. in area,
(b) not be directly over any room other than a latrine or water closet or washing place or a bathroom or a terrace unless it has a water tight floor,
(c) have the platform of 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 m. 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 sloping towards any drain with a suitable gradient.
(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,
(6) In a building constructed under the provisions of Chapter XIII of these rules, the sizes of bathrooms and water closet shall conform to the following-
(i) the area of an independent water closet or independent bathroom shall not be less than 1.00 sq. m. with a minimum width of 0.9m.
(ii) the area of a combined bathroom with water closet shall not be less than 1.50 sq. m. with a minimum width of 1.00 m.
### 110. Lifts.
(1) Lifts shall conform to the following provisions and the provisions of the latest edition of the National Building Code of India:-
(i) at least one lift shall be provided in every building more than 12.5 m. in height,
(ii) in the case of buildings more than 20 m. in height, and 1000 sq. m. of floor area for each floor at least two lifts shall be provided.,
(iii) 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.
(2) Subject to the above, the number, type and capacity of lift shall satisfy the requirements of the National Building Code of India,
### 111. 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 an inhabited room) provided that 100% of the area may be covered over any corridor.
(3) Maximum height between any loft and ceiling shall be 1 20 m. and the clear height below the loft shall not be less than 2.10 m.
### 112. Ledge or tand.
(1) A ledge or tand in 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 m. from floor level.
(3) The maximum width of any ledge or rand shall be 0.60 m.
### 113. Mezzanine floor.
(1) A mezzanine floor may be permitted to be used for any purpose provided the use conforms to the relevant rules.
(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 not to interfere under any circumstances with the ventilation of the space over and under it,
(c) such mezzanine floor is not subdivided into smaller compartments,
(d) such mezzanine floor or any part of it shall not be used as a kitchen, and
(e) in no case a mezzanine floor shall be subdivided so as to make it liable to be converted into inventilated compartments.
(3) An area up to 25 per cent of the covered area on the particular floor shall be permitted for construction of mezzanine floor.
(4) The height of any mezzanine floor shall not be less than 2.1 m. from floor level to the ceiling or underside of a slab.
### 114. Service Floor.
- One service foor having maximum clear height of 1800 mm. may be allowed between any two floors for plumbing, electrical and other utility services in case of buildings, other than for redidential use.
For the purpose of plumbing, electrical and other utility services in case of all buildings, the number of service floor(s) in between two floors and their respective heights, may be as approved by the Mayor-in-Council upon recommendation of the Municipal Building Committee.
### 115. Store Room.
- No store room in any residential building shall have a floor area less than 1.5 sq. m. and a height less than 2.1 m.
### 116. Garage.
(1) No garage shall be less than 2.5 m. x 5 m.
(2) The minimum head room in a garage shall be 2.1 m. 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 basis of the number of vehicles in accordance with the provisions of Chapter XI.
### 117. Roof.
(1) The roof of a building-shall be so constructed or framed as to permit effectual drainage of the rain-water there from by means of sufficient rain water pipes of adequate size, wherever required, 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 Municipal Commissioner 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 in any other approved manner and/or rain water harvesting system in conformity with rule 144.
(3) Rain-water pipes shall be affixed to the outside of the walls or through pipe shaft of the building or in recesses or chases cut or formed in such walls or in such other manner as may be approved by the Municipal Commissioner.
(4) Every terrace on the/topmost storey of any building shall have a common access and shall not be subdivided.
### 118. Basement.
(1) Subject to provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 a basement may be constructed under any building subject to conformity with the relevant rules.
(2) A basement may be put to any of the following uses -
(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 storage space for household or other goods of nonflammable nature,
(d) as a strong room or as a bank cellar,
(e) as a dark room,
(f) as a stack room in any library,
(g) for the purposes 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 1.0 m. 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 withing the exterior open spaces as required under Chapter IX of these rules.
(3) Outer walls of a basement may be extended below ground level upto a maximum of 5.0 m. from the property line only for one level of basement for use of parking only. In case more than one basement is required, the depth of the basement shall not exceed the distance between boundary line and outer periphery of basement in all sides.
(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 there is proper drainage arrangement. 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 lit and ventilated. Detailed plans showing arrangements for drainage including pumping system shall be submitted in such cases.
(6) Every basement shall-
(a) in every part be at least 2.1 m. in height from the floor to the underside of the beam or false ceiling,
(b) have adequate arrangement so that surface drainage does not enter the basement, and have adequate arrangement for pumping out water, if necessary, by providing "Sump pit" or similar system.
(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 sq. m., only one ramp will be required. In case the parking area in the basement is more than 1000 sq. m. at least two ramps should be provided. Width of each ramp shall not be less than 4.0 m. 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 approved by the Municipal Commissioner,
(e) if 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.
(f) in the case of a basement being used for a purpose as referred to in clause (i) of sub rule (2), the same must have sufficient numbers of access ways and exit ways so that the maximum travel distance is not more than 15 m. from any point,
(f) in the case of a basement being used for a purpose as referred to in clause (f) of sub-rule (2), the same must have sufficient numbers of access ways and exit ways so that the maximum travel distance is not more than 22.5 m. from any point,
(g) 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 and exhaust fans,
(h) comply with the requirements of the West Bengal Fire Services Act, 1950, Fire Prevention and Safely Rules, 1996, and provisions laid down in National Building Code, as amended from time to time.
### 119. Chimney.
(1) Any chimney shall conform to the requirements of the latest version of IS : 1645-1960 Code of Practice for the fire safety of buildings (general): chimneys, flues, flue pipes and hearths.
(2) Any chimney shall be built at least 0.9 m. above any 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 m. above the ridge of the roof in which the chimney penetrates.
### 120. Parapet.
- A parapet and guardrails shall be provided on the edge of any roof terrace or balcony and it shall not be more than 1.5 m. in height on average.
### 121. Lighting and ventilation of rooms.
(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, fans and lights, opening directly to the external wall 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 on Building Services of the latest edition of the National Building Code of India.
Provided that in no case, the minimum aggregate area of the openings of habitable rooms and kitchen, excluding doors, shall not be less than one-tenth of the floor area.
(3) For ventilation of any room, including a bathroom or water closet or kitchen or any other room not intended to be used as an inhabited room if it does not open into the front, rear or side open space or an interior open space, it shall open into ventilation shaft which shall not be less than the specification in Table 7 and Table 7A below.
Table 7
Ventilation Shafts for Kitchen or Toilet
| | | |
| --- | --- | --- |
|
Height of the building (in m.)
|
Minimum size of ventilation shaft (in sq. m.)
|
Minimum width of the shaft (in m.)
|
|
Up to 12.5
|
2.5
|
1.2
|
|
Above 12.5 & upto 15.5
|
5.0
|
2.0
|
|
Above 15.5 & up to 20.0
|
6.0
|
2.4
|
|
Above 20.0
|
9.0
|
3.0
|
TABLE -7A
Combined Ventilation Shaft for Kitchen and Toilet
| | | |
| --- | --- | --- |
|
Height of the building (in m.)
|
Minimum size of ventilation shaft (in sq. m.)
|
Minimum width of the shaft (in m.)
|
|
Up to 12.5
|
3.0
|
1.5
|
|
Above 12.5 & upto 15.5
|
6.5
|
2.5
|
|
Above 1 5.5 & upto 20.0
|
8.0
|
2.75
|
|
Above 20.0
|
9.0
|
3.0
|
Provided that for any building with a height exceeding 20 m., 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 water closet.
Chapter XVII
Fire Protection And Exit Requirements
-------------------------------------------------------
### 122. Definitions.
- In this chapter, unless the context otherwise requires, -
(a) "exit' means passage, channel or means of egress from any place of occupancy in a building to a place of safety through an escape route which includes a room exit, protected corridor, lobby, enclosed staircase or ramp leading to a final exit,
(b) "final exit" means an exit from a building to an open place at ground level,
(c) "travel distance" means the distance to be travelled from any point in a building to either vertical or horizontal escape route, or external escape route, or final exit.
### 123. Fire Protection.
- Every building for residential uses of fifteen and a half metres and above in height, and 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.
### 124. General exit requirements.
(1) The following general requirement shall apply to all exits:
(a) exit may be both horizontal and vertical and shall be free from any obstruction,
(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 exit shall be clearly marked,
(d) all exits shall be properly illuminated,
(e) fire fighting equipments 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 egress to the exterior of a building or to an exterior open space of the premises leading to a street or means of access,
(h) exits shall be so arranged that they may be reached without passing through another occupied unit.
(2) An exit shall be a door-way of a room, 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. However, if the lift lobby and shaft is recommended as per requirement of West Bengal Fire Services Act, 1950 it may be considered as fire escape route.
(4) All basements shall have a minimum of two exits. Ramps to the basement shall also be considered as exits.
### 125. Arrangements of exits.
(1) Exits shall be so located that the travel distance shall not exceed -
(a) 22.5 m., in the case of a residential building or an educational building or an institutional building,
(b) 30 m., 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 the requirements for that floor and occupancy, the travel distance in sub-rule (1) may be increased by 50 per cent, of the distance preserved in clause (a) and (b) of sub- rule (1) of this rule.
(3) The travel distance to an exit from the dead end of a corridor shall not exceed half the distance specified in subrule (1), except in an educational building or an assembly building or an institutional building in which case it shall not exceed 6 m.
(4) Whenever more than one exit is required for any room space or floor of a non residential 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.
### 126. Requirements regarding staircases.
- All buildings referred to in rule 123 shall be provided with such number of staircases as the Municipal Commissioner may require. Under no circumstances, the number of staircases shall be less than two in the case of a building of more than twenty m. in height and one of them being on the external face of the building and shall be enclosed type as per requirement of West Bengal Fire Services Act, 1950. In case the staircase or staircases are not facing external surface of the building or not having ventilation shaft, mechanical ventilation shall be provided, if required.
### 127. Minimum Width provisions.
- The following provisions for minimum width shall be made :-
Table - 8A
| | | | |
| --- | --- | --- | --- |
|
Category of Building
|
Height of the Building, (Mtrs.)
|
Width of the Stairway (Mtrs.)
|
No. of Staircase
|
|
Residential
|
Above 7.00
|
1.00
|
1
|
|
Above 7.00 and Up to 10.00
|
1.0 m. with landing 1.2 m. having maximum 150
sq.m. floor plate in each floor
|
1
|
|
Above 10.00 and Upto 15.50
|
1.1 m. with landing 1.35 m. having maximum 150
sq.m. floor plate in each floor
|
1
|
|
Above 15.50 and Upto 20.00
|
1.25
|
2
|
|
Above 20.00 and Upto 25.50
|
1.25
|
2
|
|
Above 25.50 and Up to 40.00
|
1.25
|
2
|
|
40.00 and above
|
1.50
|
2
|
However, for residential building not having more than three tenements or 500 sq. m. per floor (whichever is less) one staircase of 1.50 m. of width may be permitted upto a building height of 20 m. If in any case, the floor area or the number of tenements exceed the above value, the number of staircases should be increased as per the prescribed Table No. 8A.
Table -8B
| | | | | |
| --- | --- | --- | --- | --- |
|
Category of Building
|
Area per floor
|
Width of the Stairway (Mtrs.)
|
Minimum No. of Staircase (Height upto 12.5
Mtrs.)
|
Minimum No. of Staircase (Height Above 12.5
Mtrs.)
|
|
Educational
|
Upto 500 sq. m.
|
1.5
|
1
|
2
|
|
Above 500 sq. m.
|
1.8
|
2
|
2
|
|
Assembly
|
Upto 500 sq. m.
|
1.50
|
1
|
2
|
|
Above 500 sq. m.
|
2.0
|
2
|
2
|
|
Institutional
|
Upto 500 sq. m.
|
1.50
|
1
|
2
|
|
Above 500 sq. m.
|
2.0
|
2
|
2
|
|
Business
|
Upto 500 sq. m.
|
1.50
|
1
|
2
|
|
Above 500 sq. m.
|
1.50
|
2
|
2
|
|
Mercantile (Retail) |
Up to 500 sq. m.
|
1.80
|
2
|
2
|
|
Above 500 sq. m.
|
2.00
|
2
|
2
|
However, buildings for marriage halls, banquet halls, multipurpose hall etc. shall have at least two staircases having a minimum width of 1.5 m for any height and floor area.
Table - 8C
Minimum width provision for passage and corridors
| | |
| --- | --- |
|
Category of passage or corridor
|
Minimum width (m.)
|
|
Passage connecting vertical exit and the
tenement or units
|
Not less than the width of each stairway
specified under Table 8A and 8B
|
|
Passage within an apartment
|
1.0 m,
|
|
Passage giving access
to shops in a mercantile building -
(a) shops on one side
only
(b) shops on both side
|
2.0
3.0
|
|
Passage in a business building
|
2.5
|
### 128. Other requirements.
- In respect of matters relating to the fire prevention and fire protection, for which provisions have not been made in this chapter, the provisions of the latest edition of the National Building Code and latest edition of the National Electrical Code and B.I.S. Code shall apply.
### 129. 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 of less than fifteen and a half metres in height or a building with basement shall be granted unless the Municipal Commissioner in consultation with the Director of Fire Services of the Government of West Bengal or any officer specially empowered by the Director for this purpose is satisfied about the provisions of means of exits and about the arrangements for protection against fire proposed for the building in terms of West Bengal Fire Services Act, 1950, read with West Bengal Fire Services Fire Prevention and Fire Safety Rule 1996.
### 130. Power to Municipal Commissioner to ask for sufficient means of exits.
- Where on the basis of the report of the Director of Fire Services or any other officer specially empowered by him the Municipal Commissioner is of the 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 or any other officer specially empowered by him or otherwise, suo moto, determine.
Chapter XVIII
Other Requirements
-------------------------------------
### 131. Requirements under any other law in force.
- Notwithstanding anything contained in these rules any 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.
### 132. Requirements as to electricity.
(1) Any building with floor area 5,000 sq. m or more should have an electrical power distribution drawing with anticipated load demand. The electricity drawing must be approved by an Electrical Engineer or an Energy Manager or a certified Energy Auditor or a person duly qualified by the appropriate authority and holding a supervisory license. The electrical drawing must be submitted along with the building plan.
(2) In respect of any building having total floor area of 20,000 sq. m. or more and used for commercial purpose and where the connected load is expected to be 500 KW or more, a certified Energy Auditor should approve the electrical power distribution plan of the building. For erection and commissioning job of the electrical plants and equipments of such buildings, a certified Energy Auditor should supervise the job and will have to finally give "Completion Certificate of Electrical Works" on satisfactory completion of the work.
(3) Any building with high load demand may ask for HT supply and in such case the local power utility will take the final decision of HT supply depending upon the nature of the building.
(4) Every building with a load demand of 50 KW or more or a building with total floor area of more than 5,000 sq. m should provide an open space for commissioning a transformer. The land must be kept free for the utility and no construction work will be allowed to be carried on the space. The space should be well accessed by 3 m wide roads for normal truck or lorry movement for loading and unloading of transformer and accessories for erection and maintenance.
(5) For overhead supplies to the power supply point, the line to earth gap must comply with the requirements of the National Building Code of India.
Chapter XIX
Structural Design
----------------------------------
### 133. 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 or Bureau of Indian Standards (BIS).
(2) For earthquake protection a Structural Engineer shall design the structure taking into consideration the Indian Standard Codes as given below.-
(i) IS: 1893- 2002 : "Criteria for Earthquake Resistant Design of Structures (Fifth Revision),"
(ii) IS: 13920-1993: "Ductile Detailing of Reinforced Concrete Structures subjected to Seismic Forces Code of Practice,"
(iii) IS: 4326 - 1993 : "Earthquake Resistant Design and Construction of Buildings - Code of Practice (Second Revision),"
(iv) IS: 13828-1993 : "Improving Earthquake Resistance of Low Strength Masonry Buildings - Guidelines"
(v) IS: 13827- 1993 : "Improving Earthquake Resistance of Earthen Buildings - Guidelines
(vi) IS: 13935-1993 : "Repair and Seismic Strengthening of Buildings-Guidelines."
(3) In addition to the above, provisions of National Building Code are also to be taken into consideration for design purpose,
### 134. Quality of materials and workmanship.
- All materials and workmanship shall be of good quality conforming generally to the accepted standards of the Public Works Departments of the Government of West Bengal or Indian Standard Specifications as included in Part V Building Materials and Part VII on Construction Practices and Safety, of the latest edition of the National Building Code of India.
### 135. Alternative materials methods of designs and Construction.
- The Municipal Commissioner may approve any alternative materials 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 that such materials, method of design or works are for the purpose intended equivalent to those specified in the Code in quality, strength, compatibility, effectiveness, fire and water resistance, durability and safety.
### 136. 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 these rules, or in order to substantiate any claim for alternative materials, or design, the Municipal Commissioner may require tests to be made sufficiently in advance as proof of compliance and such tests be made at the expenses of the owner and in such manner as the Municipal Commissioner may direct.
Chapter XX
Building And Plumbing Services
----------------------------------------------
### 137. Building Services.
(1) The planning, design and installation of electrical fittings, air-conditioning and heating work, installation of lifts and escalators shall be carried out in accordance with the provisions of Electrical Installation, 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 the building services the provisions of the latest edition of National Building Code shall apply.
(2) The number or 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 thirteen and a half m. in height shall conform to the provisions of the latest edition of National Electrical Code.
### 138. 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 and plumbing services of the latest edition of National Building Code of India.
(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 always be kept above the higher level of the stored water surface.
(3) All other requirements regarding plumbing services, not specifically mentioned in this rule shall conform to the provisions of the latest edition of National Building Code of India.
(4) The depth of the underground water reservoir/septic tank/inspection pits or manhole should not be more than the shallowest foundation depth and the distance between the edge of foundation and such underground structure should not be less than 50% of the width of the. underground structure provided however, this provision will not be applicable for such structures appearing at a distance of 4.0 m. or more from the main foundation line of the building.
### 139. Signs and outdoor display structures.
(1) The construction of advertising signs and outdoor display structures shall be in accordance with the provisions regarding Signs and Outdoor Display Structures in 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 Corporation and the street name so as to be conveniently visible from any street.
Chapter XXI
Miscellaneous
------------------------------
### 140. Repeal and Savings.
(1) Subject to the provisions of sub-rule (2) with effect from the date of coming into the force of these rules, the rules as to the use of building sites and the execution of building work continuing to remain in force by virtue of the provisions of the clause (f) of sub section (2) of section 635 shall cease to continue to remain in force.
(2) Any application for sanction of any plan to erect a building submitted on or before the date on which the new rule would come into force in accordance with the provision of these rules and lying pending for sanction on that date shall not be rejected on the ground of the coming into force of these rules during the pendency of such application and every such application shall be considered in accordance with the provisions of the former rules.
(3) Notwithstanding such cesser, every building plan sanctioned under the former rules and remaining valid on the date immediately before the date of coming into force of these rules, shall continue to remain valid till the expiry of the period of validity thereof.
### 141. Removal of difficulties.
- If any difficulty or hardship arises in giving effect to any of the provisions of these rules, the Mayor-in-Council may, as occasion may require, by order, do or cause to be done anything or take such measure as may be necessary for removing the difficulty or hardship, on the basis of a set of guidelines to be framed hereafter by the Municipal Building Committee, as further recommended by the Corporation and approved by the State Government.
### 142. Old and insecure buildings.
(1) The following relaxations of these rules will be available for construction of building in place and stead of existing buildings after demolition thereof :-
(a) FAR: Additional FAR to the tune of 50% 100% of the area presently occupied by the tenants(s) will be allowed over and above the FAR being presently utilized in the existing structure/Premies;
(b) Height: Normally the height of the re-erected building shall not be allowed to be more than 15.5 m unless the applicant is otherwise so entitled. However, this restriction on height may be relaxed as per the Act provided the proposal for re-erection complies with fire laws and provided further that additional car parking space as may be recommended by Municipal Building Committee is made available,
(c) Car Parking Space: At least 50% of the ground floor space of the re-erected building shall normally be earmarked for car parking space where construction of basement for car parking facilities is not feasible as per opinion of the Municipal Building Committee. However where construction of a basement is feasible as per opinion of the Municipal. Building Committee such basement may normally be earmarked for car parking space.
(2) The relaxations under sub-rule (1) above will be available only when the existing building which is to be demolished meets either of the following criteria:
(a) The building is more than 50 years and is partly or fully occupied by tenants, or
(b) the building which is upto 50 years old and declared unfit for human habitation by the appropriate authority, and when tenants demand, and are assured of equivalent amount of renewed space, post construction.
Explanation - for the purpose of this sub - clause, the appropriate authority shall be such as may be decided by the State Government.
(3) Every application for availing relaxation under sub-rule (1) has to be accompanied with documentary evidence of the tenants of the existing building signifying their consent to the demolition thereof:
(4) All applications for relaxation of Building Rules made under this rule have to be approved by the Municipal Building Committee and its recommendations accepted by the Mayor-in-Council.
(5) The provisions of this rule will also apply to cases where more than one plot-owner applies after all such plots being amalgamated and mutated as per law.
(6) All other rules shall apply, mutatis mutandis.
### 143. Maintenance of Buildings.
- For all buildings older then 40 years, the owner of the building shall have to get the building inspected by a Structural Engineer within a year from the date of coming into force of these rules or within a year of the building becoming more than 40 years old if the building is not more than 40 years old at the time of commencement of these rules. The structural inspection report shall be furnished, by the owner to the Municipal Commissioner or to such officer and within such time as he may direct in this behalf, by public notice. Such report shall be valid for such period as may be fixed by the Municipal Commissioner and fresh report shall have to be obtained on its expiry. If any action for ensuring the structural safety and stability of the building is to be taken, as recommended by such Structural Engineer, the same shall be completed within such period as may be specified by him after giving notice to the Municipal Commissioner.
### 144. Rain Water Harvesting and Tree Cover.
(1) Rain, Water Harvesting (RWH)
RWH system shall form a part of the building and shall have to be included in the plan, either for direct use of the rain water or for ground water recharging or both, in case of-
(i) new building or buildings or any housing complex as per Environmental Impact Assessment Guideline issued by the State Government/Government of India;
(ii) expansion of any existing building or buildings or housing complex, as per Environmental Impact Assessment Guidelines Issued by the State Government/Govt. of India.
This system shall comply with Central and State statutory requirements laid down in the relevant Acts and bye-Laws.
(2) Tree Cover
Provision for tree cover should be included in the plan for building sites -
(i) for any project covering a total floor area of 6000 sq. m or more, the applicant should arrange for raising and maintenance of tree cover at his own cost which should be at least 15% of the land area within the premises.
(ii) for any other project, having lesser total floor area, the tree cover should be reduced proportionately in the perspective of (i) above.
The applicant shall arrange to raise and maintain the plantation at his own cost and submit such programme to the Commissioner before the plan is approved.
### 145. Waste water recycling.
- Waste water recycling system shall be incorporated in all buildings including group housing as per Environmental Impact Assessment Guidelines Issued by the State Government/Govt. of India.
### 146. Provisions for physically handicapped or disabled persons.
- Notwithstanding anything contained elsewhere in these rules, there shall be provisions in all building plans of public utility buildings for disabled friendly devices like ramps with railing, toilet and drinking water facilities. Braille or auditory signals shall be provided in all lifts in accordance with the provisions of signage guideline laid down in National Building Code.
### 147. 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 building plans in case of any new building whose height is to exceed 15.5 m or expansion of any existing building if its height is to exceed 15.5 m.
Provided that use of solar water heater and solar power generation shall be mandatory as per government norms.
Forms and Schedules
The Kolkata Municipal Corporation
For Buildings
I
---
[See rule 4(2) ]
Notice for erection / re-erection / addition to or alteration of a building
From (name and address of the applicant)
Name : ................................................................................
Address : ................................................................................
..................................................................................
| | | |
| --- | --- | --- |
|
Phone No.
|
Fax No.
|
Email
|
Date:
To
Municipal Commissioner,
The Kolkata Municipal Corporation.
Subject: Notice for erection / re-erection / addition to or alteration
Under section 393, 394 of Kolkata Municipal Corporation Act 1980 (strike out which is not applicable)
Sir,
I / We hereby give notice under the section specified above and intend to undertake the work as specified above under rule 4 of The Kolkata Municipal Corporation Building Rules, 2009. I/ We hereby request you to grant us necessary Building Permit under rule 15 of the Kolkata Municipal Corporation Building Rules, 2009.
In support of this notice, I / We wish to make the following statements: -
### 1. Assessee No.: ....................... Borough No.: ....................... Ward No.: ....................... ###
2. Premises No.: .................................................................................................................................
### 3. (i) Name of Owner(s): (a)
Phone No.: ....................................................................................................................
(b) Address: .......................................................................................................................
(ii) Name of Applicant : ................................................................................................................
Phone No.: .........................................................................................................................
Address : ..............................................................................................................................
(iii) Right in which Applicant in applying: Owner/ ...................................... (any other right, please state and
disclose proof)
### 4. Name of the Architect / L.B.S.: Class: .................. No.: ......................... Phone No.: ........................... Fax: ................... Email: ................
Address : ...............................................................................................................................
### 5. (a) Name of Structural Engineer: ...................................................................................................... Class: .................. No.: .................. Phone No.: .................... Fax: ...................... Email: ...........................
Address : .......................................................................................................................................
(b) Name of Geo. Tech. Eng.: ..........................................................................................................
Class: .................. No.: ............. Address : .................................................................................
Phone No.: ............................................... Fax: ............................ Email: ....................................
### 6. (1) (i)
Area of land:
(a) As per title document (m2 ) ...........................................................................................
(b) As per physical measurement (m2 ) .................................................................................
(iii) Boundaries of site on North ................................................................................................
South .................................................................................................
East ..................................................................................................
West ................................................................................................
### 6. (2) Nature of land: Whether solid filled up tank or part tank? If tank specify the area, both solid/tank.
..........................................................................................................................................
### 7. (a) Proposed height of the building: .................................................................................................. (b)
No. of stories: ........................................................................................................................
### 8. Width of means of access :- (a) Kolkata Municipal Corporation/Physical road width as per observation of Chief Valuer and Surveyor Department / relevant Dept: ...........................................................................................................................
(b) Private road / common passage (as per Deed/Documents):
(c) Alignment (if any) of Kolkata Municipal Corporation / Kolkata Improvement Trust: ....................................
................................................................................ (Prescribed/Proposed)
Width of alignment: ........................................................................................................... (m) ### 9. Premises falls within .................................................. Zone as per L.U.D.C.P. Provision. ###
10. Corner plot Yes/No
### 11. Junction distance (for assembly use only) ..................................................... (m) ###
11A.
Distance of site from flyover ........................................................... (m) ### 12A. Principal occupancy: ....................................................................................
B. Other occupancy / occupancies (if any) ................................................................
### 13. Whether the premises is tenanted: ............................................................... Yes/No ###
14. Whether the proposal involves construction on vacant land / additional block / or floor / by demolishing the existing structure: ............................................................................................................
### 15. Height of the adjoining building / buildings: North .......................... (m) South ........................... (m) East .................. (m) West .......................... (m)
### 16. Depth of the building: ................. (m) ###
17. Existence of any door or windows next to boundary line within 0.6m : Yes/No
### 18. Total area of (i) Star cover: ........................ (m2 ) (ii) Lift Machine Room: .............. (m2 ) (iii)
Roof Tank: ....................... (m2 ) (iv) Total Roof Area: ................. (m2 )
(v) Total Loft Area: .................... (m2 ) (vi) Other Structures: ........... (m2)
### 19. Ground floor area: ......................................................................................................................... ###
20. Main characteristic details of building:
| | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Items
|
Proposed Value
|
Permissible Value
|
Remarks
|
(a) Height of the building (m)
(b) Front Open Space (N/S/E/W)
(c) Rear Open Space (N/S/W/W)
(d) Side Open Space (N/S/W/W)
(e) Side Open Space (N/S/W/W)
(f) Joint Open Space
(N/S/W/W)
(N/S/W/W)
(N/S/W/W)
(N/S/W/W)
(g) Interior Open Space:
(i) Inner court yard:
(ii) Outer court yard:
(h) Ground coverage: (i) Area sq. m.
(ii) Percentage
(i) Floor area ratio (FAR)
(j) Total covered area in all floors sq. m.
(k) Service area in ground floor sq. m.
(l) Basement area sq. m.
(m) Mezzanine floor sq. m.
(n) Internal Road (i) Width
(ii) Length
(o) Stair case (i) Number
(ii) Minimum width or each flight (m)
(iii) Area of staircase including landing in each floor
(p) Escalator (i) Number
(ii) Size
(q) Lift (i) Number
(ii) Size
(iii) Ht. of the Lift Machine Room
(iv) Size of the Lift Machine Room
(v) Area of Lift Machine Room with lift Landing Lobby in each floor.
(r) Addition & Alteration work (Strike out if not applicable)
| | | | | |
| --- | --- | --- | --- | --- |
|
|
|
Area (sq. m.)
|
Parking Reqd,
|
Parking Provided
|
(i) Existing floor area
(ii) Proposed floor area
(iii) Total floor area
(s) Width of ramp/ slope of ramp/ area of ramp
(t) Width of driveway : ............................................................................................................
(u) Ventilation shaft.
(i) Area (sq. m.): .....................................................................................
(ii) Minimum Width (sq. m.): ........................................................................
(iii) Service door provided in shaft: Yes/No.
(v) Parking Space as per
rule 77 and rule 78
Required No. of
Car Parking
Required No.
of Bus/ Truck Parking
Parking Provided
Open Covered
Open Covered
(w) Occupancy or Use Group
(i) Residential
(a) Single Tenement: Area
Area ...............(sq. m.)
(b) Multiple Tenement:
Area ...............(sq. m.)
Total =
(ii) Other uses: ?
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Type
|
Area
|
% Coverage
|
Proposed
|
Permissible
|
Remarks
|
(a) Educational
(b) Institutional
(a) Assembly
(b) Mercantile (retail)
(c) Storage
(d) Industrial
(e) Business
(f) Any other use
### 20. Proof of ownership (whether by Deed of Conveyance/Gift/Lease/Record of Rights (Parcha) /Partition/ Exchange/ Will (duly probated)/other documents and mutation certificate issued by (KC) : Please give particulars.
### 21. (a) . In case where applicant is Govt. body or KIT, KMDA etc. to whom the land was given by LA Collector: Please give allotment and possession letter along with site plan, land area and boundary.
### 22. Proof of boundary through: a) Deed Plan : Yes/No
b) Registered boundary declaration : Yes/No
c) Assessment Report (Assessment Book Copy) : Yes/No
### 24. Gift of land to the KMC by throwing of land to common passage/KMC Road : Yes/No (for widening of road/ splaying of corner) ###
25. In support of our application we are enclosing herewith following documents :-
Premises No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
|
Description
|
Submitted
|
(Yes/No/NA)
|
Reference
|
Date
|
|
i)
|
Three sets of plan
|
|
|
|
|
|
ii)
|
Application form/notice
|
|
|
|
|
|
iii)
|
a. Current paid up Tax Receipt
|
|
|
|
|
|
|
b. Assessment Book Copy
|
|
|
|
|
|
iv)
|
Tax Clearance Certificate
|
|
|
|
|
|
v)
|
Observation from KIT
|
|
|
|
|
|
vi)
|
Observation from Chief valuer and Surveyors
Dept. KMC
|
|
|
|
|
|
vii)
|
Clearance certificate/application copy from ULC
Dept.
|
|
|
|
|
|
viii)
|
Observation of WBFS Deptt.
|
|
|
|
|
|
ix)
|
Indemnity Bond
|
|
|
|
|
|
x)
|
Copy of Deed and plan
|
|
|
|
|
|
xi)
|
Registered boundary declaration
|
|
|
|
|
|
xii)
|
Registered deed of gift/certified copy with original
registration receipt, gift of land for splayed portion as
required under section 405
|
|
|
|
|
|
xiii)
|
Registered declaration of throwing in case of side and back
strip of land (but in case of front strip of land registered deed
of gift only)
|
|
|
|
|
|
xiv)
|
Registered undertaking for common passage under section
364/365 with original receipt of registration
|
|
|
|
|
|
xv)
|
Registered declaration for transfer of land due to alignment
in force
|
|
|
|
|
|
xvi)
|
Registered Power of Attorney
|
|
|
|
|
|
xvii)
|
Appeal for Conditional Section
|
|
|
|
|
|
xviii)
|
Legality of existing structure
|
|
|
|
|
|
xix)
|
FAR Calculation Sheet
|
|
|
|
|
|
xx)
|
Soil Investigation Report
|
|
|
|
|
|
xxi)
|
Structural Design Calculation
|
|
|
|
|
|
xxii)
|
General Undertaking
|
|
|
|
|
Signature of Architect / LBS
Signature of Owner
Structural Engineer
Geo Technical Engineer
| | | |
| --- | --- | --- |
|
Sub Assistant Engineer
|
Assistant Engineer (C) |
Executive Engineer (C) |
II
----
[See rule 4(6) (b)]
Form of Declaration
From: ...................................................
...................................................
...................................................
(Name and Address of the applicant)
Dated ..................................
Office Ref. No and date,
If any .....................
To
Municipal Commissioner
The Kolkata Municipal Corporation,
Kolkata
Subject: Declaration under sub-rule (6) of rule 4.
Premises No. and Building Particulars:
Street ...............................................
Ward No ...........................................
Borough No .......................................
Sir,
I / We hereby declare that while executing the works mentioned by me/us in the notice given under sub-rule (1) of rule 4 of The Kolkata Municipal Corporation Building Rules, 2009. I / we shall comply with the requirements of section 416 of The Kolkata Municipal Corporation Act, 1980.
Yours faithfully.
Signature of the
Applicant (s) III
-----
[See rule 4(10) ]
Composite Declaration
To
Municipal Commissioner
The Kolkata Municipal Corporation
Kolkata
Ref: Premises No .................................................... .
Sir,
I / We have submitted an application for erection /re-erection /addition to / alteration of building/s at the above premises under sections 393/394 of The Kolkata Municipal Corporation Act, 1980. In connection with the said application, I/We do hereby declare -
### 1. That the work of erection, re-erection or addition or alteration will be supervised by an Architect or Licensed Building Surveyor, a Structural Engineer, a Geo Technical Engineer as required under the rules of The Kolkata Municipal Corporation. ###
2. That the works relating to water supply, drainage and sewerage shall be supervised by a licensed plumber,
### 3. That there are no arrear dues payables to The Kolkata. Municipal Corporation in respect of the said premises. ###
4. That necessary observation under section 63 of the Kolkata Improvement Act. 1911 has been obtained,
### 5. That the soil of the said premises is fit to be built upon from engineering point of view and a copy of the soil test report submitted by Geo Technical Engineer referred to in sub-rule (1) of rule 53 is annexed hereto. ###
6. That I/we shall plant trees or saplings as per Corporation's guidelines in the front and other open spaces of the premises.
Yours faithfully,
Signature of the Applicant(s) IV
----
[See rule 4(11) ]
General Undertaking
Ref: Premises No. .................................
I/We have submitted an application for erection / re-erection / addition to / alteration of building/s at the above premises under sub-clause 393/394 of Kolkata Municipal Corporation Act, 1980. In connection with the said application, I / We do hereby undertake -
(1) That no building material shall be deposited in any street except with the prior written permission of the Municipal Commissioner and on deposit of fees for stacking materials as per demand raised by the Corporation and the same will be stacked only at a place as may be directed by the Corporation,
(2) That by virtue of the proposed sanction, we shall not have any automatic right of use as proposed in the plan nor the proposed sanction will have any other overriding affect on other laws or statutes in force and in case any other permission, licence or sanction is required under any relevant law or statute, the same will be obtained by me/us prior to use of the proposed building/portion of the building. Further the Municipal Authority may revoke the sanction plan and cancel any Completion Certificate, in case we fail to obtain the relevant permission, licence or sanction as may be applicable,
(3) That I / We shall take filtered water supply connection from The Kolkata Municipal Corporation before construction of the building and after obtaining sanction from the Water Supply Department. 1/ We further undertake that I/we shall not install any power driven, deep tube well and / or hand driven shallow tube well. If 1/ we do not get filtered water supply connection from The Kolkata Municipal Corporation, I/ we shall make separate application to Water Supply Department for construction / regular connection either through tube well or through Corporation surface water supply,
(4) That I/we shall abide by all observations and recommendations made or from time to time as may be made by Departments of The Kolkata Municipal Corporation for the proposed construction,
(5) That I/we shall abide by all provisions and relevant Rules and Regulations and The Kolkata Municipal Corporation Act, 1980 during course of the works to be undertaken by us as mentioned in our application.
In Witness Whereof I / We sign this undertaking on the ...........day of ...........20....
Witness:
### 1. ###
2.
(Executants) Schedule V
[See rule 4(12) ]
Indemnity
This Indemnity Bond is executed by Shri ............................................................ son of ............................................................................. residing at Premises No ................................. (hereinafter called "the Obligors") in favour of The Kolkata Municipal Corporation.
Whereas I /We have submitted to The Kolkata Municipal Corporation (hereinafter referred to as "the Corporation") building plans with provisions for deep foundation works, piling works, construction of basement and underground construction including superstructure;
And Whereas I / We have represented to the Corporation that if sanction is granted for the Construction for the aforesaid works, I/we shall indemnify the Corporation for any loss or damage at the time of execution of the said works or at any time 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 and any damage occuring during the execution of the works or due to excavation made at site to the municipal services or public utility services or properties /other third person /properties shall he made good by me/us;
And Whereas I / We further undertake and agree to indemnity the Corporation to the full extent of any claim put up against the Corporation either by way of damage, compensation or in any other way in case the Corporation is required to pay any amount to any person or owner or owners of the adjoining properties;
And Whereas I / We further hereby indemnify the Corporation for non-compliance of any of the conditions imposed for the sanction and/or any provisions of The Kolkata Municipal Corporation Act and the Building Rules and 1/ we shall remain responsible for the damages which the Corporation may suffer because of such non-compliance;
And Whereas I / We further undertake and agree to indemnify the Corporation of all costs and expenses to which the Corporation is put to or suffer in order to defend any action in this regard in any Court of law.
And Whereas I / We further undertake and agree to indemnify the Corporation in respect of all actions, suits, proceedings, claims or damages from any third party arising out of the acts or omissions of me/us.
In Witness Where of the obligors abovementioned have signed this Deed of Indemnity on the
.......................................................... day of ..............................20 ......
Witness:
### 1. ###
2.
(Executants) Schedule VI
[See rule 13]
Form of Building Permit
From: Municipal Commissioner
The Kolkata Municipal Corporation
Kolkata
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 13
Building Particulars:
Premises No. and Street ...................................
Ward No. .....................................................
Borough No. .................................................
Sir,
With reference to your application dated the ............................. for the sanction / provisional sanction under sections 393 / 394 / 396(3) of The Kolkata Municipal Corporation Act. 1980, for erection / re-erection / addition to or alteration of, the building on premises No. ............................, Street: ...................................., Ward No.:................ Borough: ....................................... this Building Permit is hereby granted subject to the following conditions, namely: -
(1) The Building Permit No .......................... dated the .......................... is valid up to the ..........................day of ..........................(month) .................................. (year) .......................
(2) The Building Permit No ..............................dated the ..............................is valid for ...................occupancy/ use-group.
(3) The following restrictions/special conditions under section 405(b)/(c) of the Kolkata Municipal Corporation Act, 1980 must be noted and observed, subject to all of which this permit is being issued:
(a) (b)
(c) (d)
4 The following conditions regarding use of inflammable materials must be noted and observed, subject to all of which this permit is being issued:
(a) (b)
(c) (d)
5. The following further conditions must be noted and observed, subject to all of which this permit is being issued:-
(a) (b)
(c) (d)
6. The building/work for which this Building Permit is issued has to be completed within ..........................................
### 7. The construction will be undertaken as per sanctioned plan only and no deviation from The Kolkata Municipal Corporation Building Rules, 2009 will be permitted. Any deviation from the rules in the construction/work is liable to be demolished and the supervising Architect/Licensed Building Surveyor/other technical personnel engaged for the job will run the risk of having his license cancelled. ###
8. One set of the plans and specifications submitted along with the notice under sub-rule (i) of rule 4 duly countersigned is returned herewith.
Yours faithfully,
Municipal Commissioner
(Signature and designation of the officer to whom powers have been delegated)
Annexure:
Office No ...........................
Official Stamp .....................
Dated ................................
VII
-----
[See rule 13]
Form of Communication of Refusal of Sanction
From: Municipal Commissioner,
The Kolkata Municipal Corporation,
Kolkata.
Dated .......................................
Office Ref. No and
date, if any : ..............................
To .............................................
(Name and Address of the applicant)
Subject: Communication of refusal of sanction under rule 13 of the Kolkata Municipal Corporation Building Rules 2009
Building Particulars:
Premises No. and Street ...................................... ...
Ward No. : .....................
Borough No. ..................
Sir,
With reference to your application dated the ............................. for sanction / provisional sanction under sections 393 / 394 / 396(3) of the Kolkata Municipal Corporation Act, 1980, for erection / re-erection / addition to or alteration of, the building on plot No ....................................................................................................... (Number, Street, Address, Ward No & Borough No.), this is to inform you that the sanction/provisional sanction has been refused under rule I3(1)(b) of the Kolkata Municipal Corporation Building Rules, 2009. The ground / grounds on which the sanction has been refused are annexed herewith.
Yours faithfully,
Municipal Commissioner
(Signature and designation of officer to whom powers have been delegated)
Enclo: As above
VIII
------
[See rule 16(1) ]
Grounds For Refusal of Sanction/provisional Sanction
From: Municipal Commissioner,
The Kolkata Municipal Corporation,
Kolkata.
Dated .................................
Office Ref. No and
date, if any : ..........................
Subject: Refusal of sanction / provisional sanction erection /
re-erection / addition to or alteration of building
Building Particulars:
Premises No. and Street .........................................
Ward No. : .....................
Borough No. ..................
Sanction / provisional sanction has been refused under rule 16(1) of the Kolkata Municipal Corporation Building
Rules, 2009. The ground / grounds on which the sanction has been refused are annexed herewith.
(1) (2)
(3) (4)
(5) Office No ........................
Official Stamp .....................
Dated the .........................
..................................................
Municipal Commissioner
(Signature and designation of the officer to
whom powers have been delegated)
IX
----
[See rule 22]
Form of Notice of Commencement
From: .......................................................
........................................................
(Name and Address of the applicant)
Dated ......................
Office Ref No, and
date, if any : ..................
To
Municipal Commissioner
The Kolkata Municipal Corporation, Kolkata
Subject: Notice of commencement under rule 22 of the Kolkata
Municipal Corporation Building Rules, 2009 as per Building
Permit No ................dated the...............
Building Particulars:
Premises No. and Street ..............................
Ward No. ............................
Borough No. .........................
Sir,
I / We hereby give notice that the erection, re-erection of/addition to/alteration of the building on premises No.
.................. Street: .................................... Ward: ................ Borough: ............. will be commenced on
........................... (date) as per Building Permit No ............................ dated ............................., granted by you, under
the supervision of ........................... Architect/Licensed Building Surveyor, Licence No .................., Class
.................................. and ......................................... (give names of other technical personnel appointed as required
under the rules) and in accordance with the plans and specifications sanctioned.
Yours faithfully,
..................................................
Signature of the Applicant (s) Countersigned
........................................................................................................................................
(Signature, name, address of the Architect/Licensed Building Surveyor/other technical personnel)
X
---
[See rule 24(1) ]
Form of Notice of Completion of Work Up To Plinth Level
From: .......................................................
........................................................
(Name and Address of the applicant)
Dated ............................
Office Ref No, and
date, if any : ..................
To
Municipal Commissioner,
The Kolkata Municipal Corporation, Kolkata
Subject: Notice of completion of work up to the plinth level under sub-rule (1) of rule 24 of the Kolkata Municipal Corporation Building Rules, 2009
Building Particulars:
Premises No. and Street: ..............................
Ward No. .................................................
Borough No. ............................................
Sir,
I/We hereby inform you that construction upto the plinth level of No. ....................Street ..........................,
Ward ................... Borough No ................... for which Building Permit No ..................dated the
.................................... was issued, has been completed in accordance with the sanctioned plan.
The work may be inspected in pursuance of the provisions of the sub-rule (2) of rule 24 of the Kolkata Municipal
Corporation Building Rules, 2009.
Yours faithfully,
.......................................................
Signature of the Applicant (s) Countersigned
...........................................................................................................................................
(Signature, name, address of the Architect/Licensed Building Surveyor/other technical personnel)
XI
----
[See Rule 25(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
Municipal Commissioner,
The Kolkata Municipal Corporation, Kolkata
Subject: Inspection of drains and appliances connected with drainage under rule 25(1) of the Kolkata
Municipal Corporation Buildings Rules, 2009.
Building Particulars:
Premises No. and Street \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Ward No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Borough No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Sir,
I/ We hereby give notice of my intention to cover up drainage/ appliances connected with .................................
on ........................... (date) at ....................(time) at premises No: ................. Street: ................ Ward No:
................................ Borough : ................. and request for inspection of the same.
The work was sanctioned vide Building Permit No .....................dated ........................
Yours faithfully,
..........................................
.........................................
Signature of the Applicant (s) Certified that the drainage work in the above premises has executed under my supervision and the work is in accordance
with the sanction plan and conforms to the provisions of the Kolkata Municipal Corporation Building Rules, 2009 and
The Kolkata Municipal Corporation^ Water Supply, Sewerage and Drainage) Regulations, 1984.
...........................
Signature of the, Licensed Plumber
.................................
(Name and Address of the Licensed
Plumber) (License No. ......)
XII
-----
[See Rule 27 (1) ]
Form of Notice of Completion
From: ..............................
.......................................
(Name and Address of the applicant)
Dated ..................................
Office Ref. No and date,
If any ....................................
To
Municipal Commissioner
The Kolkata Municipal Corporation, Kolkata.
Subject: Notice of completion under rule 27(1) , of the Kolkata Municipal Corporation
Building Rules, 2009.
Building Particulars:
Premises No. and Street : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Ward No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_
Borough No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Sir,
### 1. / We hereby give notice that the erection/ re-erection/addition to/alteration of the building on premises No..................... Street: ...................... Ward No: ..................... Borough 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,
........................................
Signature of the Applicant (s) Countersigned
.................................................
(Signature of the Architect/Licensed Building Surveyor/other technical personnel)
.............................................................................................................
(Name, address and License No. of the Architect/Licensed Building Surveyor/ other technical personnel)
Enclosure:
Notes:
(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 (clearly stating the occupancy and use-group for which the building
or the work has been sanctioned).
(2) Structural Stability Certificate signed by Structural Engineer countersigned by the Architect/Licensed Building
Surveyor as per form, below.
(3) Fire Safety Certificate issued under the West Bengal Fire Services Act, 1950 and the rules made thereunder.
(4) Certificate under clause (a) of sub-rule (3) of rule 27.
(5) Certificate from Municipal Commissioner under clause (b) of sub-rule (3) of rule 27.
(6) Certificate from electric supply undertaking under clause (c) of sub-rule (3) of rule 27.
(7) A certificate pertaining to lift installation, if any.
(8) Other certificates (mention the nature of other certificates).
Note: Enclose items which are necessary.
Form of the Structural Stability Certificate
"We hereby certify that the erection/re-erection /addition to /alteration of building on premises No: ................................
Street: ................. Ward No: .................. Borough: .................... has been supervised by me and has been completed
wholly/in part on ...................... (date) according to the plans sanctioned vide Buil ding Permit No .........................
dated ..........................
The work has been completed in accordance with the sanctioned plan and to our best satisfaction. The workmanship and
all the materials (type and grade) have been used strictly in accordance with general and detailed specification. No
provisions of the Kolkata Municipal Corporation Act, 1980 and the Kolkata Municipal Corporation Building Rules,
### 2009. 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
(Name, address and empanelment number
of the Structural Engineer.)
................................
(Signature of the Architect /
Licensed Building Surveyor)
.......................................
(Name, address and License No. of the
Architect/ Licensed Building Surveyor)
XIII
------
[See rules 28(2) , 29]
Form of Completion Certificate
From: The Municipal Commissioner,
The Kolkata Municipal Corporation,
Kolkata.
Dated ...........................
Office Ref No, and
date, if any ........................
To ............................................
............................................
(Name and Address of the applicant)
Subject: Grant of Occupancy Certificate under sufy-rule (2) of rule 27 the Kolkata Corporation Building
Building Particulars:
Premises No. and Street .....................
Ward No .............
Borough No ...............
Sir,
With reference to your notice dated the ..........................., I hereby certify that the building as per
description below on premises No........................ Street ...................... Ward No: ................. Borough:
................................. dated has been inspected with reference to planning parameters given in Chapter VIII to Chapter XVI of
the Kolkata Municipal Corporation Building Rules, 2009. On the basis of the same, the representation contained in your
aforesaid notice and the Structural Stability Certificate and other certificates furnished by you, this building is certified to
have been completed as per sanction.
Description of Construction, use and conditions, if any: ............................
One set of building plans with endorsement "Approval Completion Plan" is returned herewith (where required).
Yours-faithfully,
Municipal Commissioner /
(Signature and designation of the officer
to whom powers have been delegated)
XIV
-----
Structural Inspection Report
(This Form has to be completed by empanelled Structural Engineer after his site inspection and verification regarding
compliance of all recommendation by the owner, which in the opinion of the registered Structural Engineer are necessary
for safety of the structure)
I. Description by title and location of the property including premises no. etc.:
II. Name of the present owner:
III Description of the structure:
Class I or Class II (Briefly describe the property in general and the structure in particular)
(a) Function (b) Framed construction
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
|
Residence (With or without shops)
|
Apartments (With or without shops)
|
Office Bldg.
|
Shopping Centre
|
School/ College
|
Hostel
|
Auditorium
|
Factory
|
|
|
1.
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
A. Load bearing / masonry wall construction
|
|
|
|
|
|
|
|
|
|
B. Framed structure
|
|
|
|
|
|
|
|
|
|
Construction and Structural materials
|
Critical load bearing element
|
Brick
|
RCC
|
Stone
|
Timber
|
Steel
|
|
|
|
|
Roof
|
Floor
|
RCC
|
Timber
|
RBC
|
Steel
|
Jack-arch
|
|
XV
----
[See rule 7(3) ]
Reinforced concrete framed buildings
| | | | |
| --- | --- | --- | --- |
|
SI. No.
|
Description
|
Information
|
Notes
|
|
1.
|
Type of Building
|
|
IS 1893 Cl. 7.1
|
|
|
• Regular frames
|
|
|
|
|
• Regular frames with Shear walls
|
|
|
|
|
• Irregular frames
|
|
|
|
|
• Irregular frames
|
|
|
|
|
• Irregular frames with shear walls
|
|
|
|
|
• Soft storey
|
|
|
|
2.
|
Number of basements
|
|
|
|
3.
|
Number of floors including ground floor
|
|
|
|
4.
|
Horizontal floor system
|
|
|
|
|
• Beams and slabs
|
|
|
|
|
• Waffles
|
|
|
|
|
• Ribbed Floor
|
|
|
|
|
• Flat slab with drops
|
|
|
|
|
• Flat plate without drops
|
|
|
|
5.
|
Soil data
|
|
IS 1498
|
|
|
• Type of soil
|
|
|
|
|
• Recommended type of foundation
|
|
|
|
|
- Independent footings
|
|
|
|
|
- Raft
|
|
|
|
|
- Piles
|
|
|
|
|
• Recommended bearing capacity of soil
|
|
|
|
|
• Recommended, type, length, diameter and load capacity
|
|
|
|
|
of piles
|
|
|
|
|
• Depth of water table
|
|
|
|
|
• Chemical analysis of ground water
|
|
|
|
|
• Chemical analysis of soil
|
|
|
|
6.
|
Foundations
|
|
|
|
|
• Depth below ground level
|
|
|
|
|
• Type
|
|
|
|
|
\* Independent
|
|
|
|
|
\* Interconnected
|
|
|
|
|
\* Raft
|
|
|
|
|
\* Piles
|
|
|
|
7.
|
System of interconnecting foundations
|
|
IS: 1893C1.7.12.1
|
|
|
• Plinth beams
|
|
|
|
|
• Foundation beams
|
|
|
|
|
|
|
|
|
8.
|
Grades of concrete used in different parts of building
|
|
|
|
9.
|
Method of analysis used
|
|
|
|
10.
|
Computer software used
|
|
|
|
11.
|
Torsion included
|
|
|
|
12.
|
Base shear
|
|
IS: 1893 Cl. 7.5.3
|
|
|
a. Based on approximate fundamental period
|
|
|
|
|
b. Based on dynamic analysis
|
|
|
|
|
c. Ratio of a/b
|
|
|
|
13.
|
Distribution of seismic forces along the height of the
|
|
IS: 1893 Cl. 7.7
(Provide sketch)
|
|
|
building
|
|
|
|
14.
|
The Column of soft ground storey specially designed
|
|
IS: 1893 Cl. 7.10
|
|
15.
|
Clear minimum cover provided in
|
|
IS: 456 Cl. 26.4
|
|
|
• Footing
|
|
|
|
|
• Column
|
|
|
|
|
• Beams
|
|
|
|
|
• Slabs
|
|
|
|
|
• Walls
|
|
|
|
|
|
|
|
|
16.
|
Ductile detailing of RC frame
|
|
|
|
|
• Type of reinforcement used
|
|
IS: 456 Cl. 5.6
|
|
|
• Minimum dimension of beams
|
|
IS: 13920 Cl. 6.1
|
|
|
• Minimum dimension of columns
|
|
IS: 13920 Cl. 7.1.2
|
|
|
• Minimum percentage of reinforcement of beams at any cross
section
|
|
IS: 456 Cl. 26.5. 1. l.(a) |
|
|
• Maximum percentage of reinforcement at any section of beam
|
|
IS: 13920 Cl. 6.2.1.
|
|
|
• Ratio of capacity of beams in shear to capacity of beams in
flexure
|
|
IS: 13920 Cl. 6.2.2.
|
|
|
• Maximum percentage of reinforcement in column
|
|
IS: 13920 Cl. 6.3.5.
|
|
|
• Confining stirrups near ends of columns and in beam-column
joints
|
|
IS: 456 Cl. 26.5.3.1.
|
|
|
a) Diameter
|
|
|
|
|
b) Spacing
|
|
|
|
|
\* Ratio of shear capacity of columns to maximum seismic shear
in the storey
|
|
IS: 13920 Cl. 7.4
|
General Notes
### 1. A certificate to the effect that this report will be completed and submitted with the application for Building Development Permission. ###
2. In addition to the completed report following additional information shall be submitted, at the latest, one month before commencement of Construction.
2.1
Foundations
2.1.1
. In case raft foundation has been adopted indicate K. value used for analysis of the raft
2.1.2
In case pile foundations have been used give full particulars of the piles, type, dia, length, capacity.
2.1.3
. In case of high water table indicate system of countering water pressure, and indicate the existing water table, and that assumed to design foundations.
2.2
Idealization for Earthquake analysis
2.2.1
In case of a composite system of shear walls and rigid frames, give distribution of base shear in the two systems on the basis of analysis, and that used for design of each system.
2.2.2
Indicate the idealization of frames and shear walls adopted in the analysis with the help of sketches.
2.3
Submit framing plans of each floor.
2.4
In case of basements, indicate the system used to contain earth pressures.
Buildings in Structural Steel
| | | | |
| --- | --- | --- | --- |
|
1.
|
Adopted method of Design
|
• Simple
|
IS: 800; Cl. 3.4.5
|
|
|
|
• Semi-rigid
|
IS: 800; Cl. 3.4.5
|
|
|
|
• Rigid
|
IS: 800; CI 3.4.6.
|
|
2.
|
Design based on
|
• Elastic analysis
|
IS: 800; Section-9
|
|
|
|
• Plastic analysis
|
SP: 6 (6) |
|
3.
|
Floor Construction
|
• Composite
|
|
|
|
|
• Non-composite
|
|
|
|
|
• Boarded
|
|
|
4.
|
Roof Construction
|
• Composite
|
|
|
|
|
• Non-composite
|
|
|
|
|
• Metal
|
|
|
|
|
• Any other
|
|
|
5.
|
Horizontal force resisting system adopted
|
• Frames
|
Note: Seismic force as per
|
|
|
|
• B raced frames
|
IS : 1893 would depend on system.
|
|
|
|
• Frames & shear walls
|
|
|
6.
|
Slenderness ratios maintained
|
Members defined in Table 3.1, IS 800
|
IS: 800; CI. 3.7
|
|
7.
|
Member deflection limited to
|
Beams, Rafters
|
IS: 800; CI. 3.13
|
|
|
|
Crane Girders
|
|
|
|
|
Purlins
|
|
|
|
|
Top of Columns
|
|
|
8.
|
Structural members
|
• Encases in concrete
|
IS: 800: Section-l0
|
|
|
|
• Non encased
|
|
|
9.
|
Proposed material
|
• General weld-able
|
IS:2062
|
|
|
|
• High strength
|
IS: 8500
|
|
|
|
• Cold formed
|
IS: 801,811
|
|
|
|
• Tubular
|
IS: 806
|
|
10.
|
Minimum metal thickness Specified for corrosion protection
|
• Hot rolled sections
|
IS: 800, CI. 3.8
|
|
|
|
• Cold formed sections
|
Cl. 3.8.1 toCI.3.8.4.
|
|
|
|
• Tubes
|
Cl. 3.8.5
|
|
|
|
|
Cl. 3.8.5.
|
|
11.
|
Structural connections
|
• Rivets
|
IS: 800; Section-8
|
|
|
|
• C T Bolts
|
IS: 1929, 2155, 1149
|
|
|
|
• S H F G Bolts
|
IS 6639, 1367
|
|
|
|
• Black Bolts
|
IS: 3757, 4000
|
|
|
|
• Welding Field
|
IS: 1363, 1367
|
|
|
|
Shop (specify welding type proposed)
|
IS: 816, 814, 1395, 7280 3613, 6419, 6560,
813,9595
|
|
|
|
|
|
|
|
|
• Composite
|
|
|
12.
|
Minimum fire rating proposed, with method
|
• Rating ....... hours
|
IS: 1641, 1642 & 1643
|
|
|
|
• Method proposed in tumescent
|
|
|
|
|
Painting
|
|
|
|
|
Spraying
|
|
|
|
|
Quilting
|
|
|
|
|
Fire retardant
|
|
|
|
|
Boarding
|
|
As per proposed amendment in Town and Country Planning Legislation Regulations for Land Use Zoning, Additional Provisions in Development Octroi Regulations for Safety & Additional Provisions in Building Regulations / Byelaws for Structural Safety - in Natural Hazard Zones of India.
|
65b969e8ab84c7eca86e90d5 | acts |
State of Bihar - Act
----------------------
The Bihar Collective Fines (Imposition) Act, 1982
---------------------------------------------------
BIHAR
India
The Bihar Collective Fines (Imposition) Act, 1982
===================================================
Act 70 of 1982
----------------
* Published on 15 April 1981
* Commenced on 15 April 1981
The Bihar Collective Fines (Imposition) Act, 1982
(Bihar Act
No. 70 of 1982
)
This Bill was presented in Bihar Legislative Assembly on 27.7.1982 and passed on the same day, and was passed by the Bihar Legislative Council on 31.7.1982.
Assented to by the Governor on 14.8.82 and published in Bihar Gazette (Extraordinary) No. 735 of 14.8.1982.
An Act to provide for imposition of collective fines on inhabitants of any area in the State of Bihar for the Maintenance of Public Order and for Preventing Danger to the Life and Property of the People of the State.
Be it enacted by the Legislature of the State of Bihar in the Thirty-third Year of Republic of India as follows :-
### 1. Short title, extent and commencement.
(1) This Act may be called the Bihar Collective Fines (Imposition) Act, 1982.
(2) It shall be deemed to have come into force on the 15th April, 1981.
### 2. Imposition of collective fine on inhabitants of an area.
(1) On being satisfied on the information received or otherwise regarding the participation of the inhabitants of any area of the State in any widespread or large scale of disturbances of public order involving rioting, murder and arson or on account of their commission, attempt to commission or abetment of all or any of the offences specified in Chapter VIII, Sections 187 to 190, 212, 302, 304, 323 to 326, 332, 379, 380, 390 to 402 and 436 and Chapter XXII of the Indian Penal Code, 1860 (XLV of 1860), offences under the Arms Act, 1959 (Act LIV of 1959) and the Indian Explosives Act, 1884 (Act IV of 1884) State Government or the District Magistrate of the district in order to prevent the recurrence of such disturbance in such area and to protect the life and property of the people of the State in general and of the area in particular or for the maintenance of public order and services or supplies essential 10 the life of the community, may by notification published in the Official Gazette, impose such collective fines on all or such inhabitants or class of inhabitants of the said area, as may be considered necessary :
Provided that the collective fine exceeding Rupees five thousand shall not be imposed on an individual or a family;
Provided also that when such a fine is imposed by the District Magistrate, he will within ten days of such imposition of fine send a report alongwith a copy of the order to the State Government explaining therein the cause of such imposition :
Provided further that where such an imposition has been made by the District Magistrate the State Government may within thirty days of such imposition, review or revise the orders of the District Magistrate on application or on its own motion.
(2) The notification made under sub-section (1) shall be proclaimed in the area by beat of drum or in such other manner as the State Government or the District Magistrate may think best in the circumstances to bring the declaration to the notice of the said inhabitants:
Provided that when the imposition has been made by the District Magistrate, he would send a report to the State Government indicating the reasons for imposition of the collective fine within ten days of the imposition of the fine alongwith copy of the order:
Provided further that where such an imposition has been made by the District Magistrate, the State Government will have power to Review or Revise the orders passed by the District Magistrate either on application or on its own motion within thirty days of the date of the imposition.
(3) The District Magistrate shall, after such enquiry as he may consider necessary, apportion the fine imposed under sub-section (1) among the said inhabitants according to his judgment of their respective means :
Provided that the fine apportioned to an inhabitant under this sub-section shall not be realised until a petition, if any, filed by him under sub-section (4) is not disposed of.
(4) (a)
Any person aggrieved by the order of apportionment, under sub-section (3) may, within seven days from the date of apportionment under sub-section (3) file a petition before the District Magistrate for being exempted from such fine or for modification of the order of apportionment:
Provided that no fee shall be charged for filing such petition.
(b) The District Magistrate may at anytime transfer the petition for disposal to the Sub-Divisional Magistrate or any other officer specially empowered in this behalf.
(c) After giving the petitioner a reasonable opportunity of being heard, the District Magistrate or the Sub-Divisional Magistrate or Officer specially empowered in this behalf to whom the proceeding is transferred under clause (b), may pass such order as he considers fit:
Provided that the amount of fine exempted or reduced under this sub-section shall not be realisable from any other person and the total fine imposed on the inhabitants of the area under sub-section (i) shall be deemed to have been reduced to that extent:
(5) An appeal preferred under sub-section (4) shall lie-
(i) if the order is passed by the District Magistrate, to the Commissioner of the Division; and
(ii) if the order is passed by any other officer, to the District Magistrate :
Provided that no appeal shall be entertained unless fifty percent of the fine payable in accordance with the order under sub-section (4) has been paid and the memorandum of appeal is accompanied with a proper receipt showing such payment:
Provided further that no fee shall be charged for filing such appeal.
(6) An order passed under sub-section (1), or sub-section (3) where no petition has been filed under sub-section (4), or an order under sub-section (4) if not appealed against and the order passed on appeal under sub-section (5), shall be final.
(7) The fine payable by any person shall be recovered in the manner provided in the Code of Criminal Procedure, 1973 (Act II of 1974).
### 3. Saving as to order.
- Order made in exercise of any powers conferred by or under this Act shall not be called in question in any Civil Court.
### 4. Power of the State Government to make rules.
- The State Government may, after previous publication, make rules not inconsistent with the provisions of this Act for carrying out the purpose of this Act.
### 5. Repeal and Saving.
(1) The Bihar Collective Fines (Imposition) Ordinance, 1982 (Bihar Ordinance No. 46 of 1982) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in the exercise of any powers conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of powers conferred by or under this Act as if this Act were in force on the day on which such thing or action was done or taken.
|
65ba7368ab84c7eca86eb658 | acts |
Union of India - Act
----------------------
The Delhi Special Police Establishment Act, 1946
--------------------------------------------------
UNION OF INDIA
India
The Delhi Special Police Establishment Act, 1946
==================================================
Act 25 of 1946
----------------
* Published in Gazette 25 on 19 November 1946
* Assented to on 19 November 1946
* Not commenced
The Delhi Special Police Establishment Act, 1946
(25 of 1946)
Last Updated 4th January, 2022
In 1943 the Government of India set up a police staff called the Special Police Establishment (War Department) under the Special Police Establishment (War Department) Ordinance No. XXII of 1943 for the purpose of investigating offences of bribery and corruption connected with the Departments of the Central Government. The organisation has done useful work in the investigaion of cases in which employees and contractors of the Central Government were invoked and in bringing offenders to book. The Government of India, with the advice of the Standing Committee of the Central Legislature for the Home Department has decided that it is necessary to retain this police staff on a permanent basis by means of legislation. The Special Police Establishment (War Department) Ordinance, No. XXII of 1943, lapsed on 30th September 1946 and necessary legislation could not undertaken before that date. To avoid a break in continuity an Ordinance entitled the Delhi Special Police Establishment, Ordinance 1946 (22 of 1946), was promulgated on the 25th September, 1946, which will remain in force upto 25th March 1947. The object of this Bill is the retention of the special police staff as a permanent organisation by means of legislation. Under the terms of the proposed Bill the force will be able to conduct investigations in all Provisions with their consent. All Provisional Governments with the exception of Sind have agreed to the special police staff functioning in their jurisdiction.
An Act to make provision for the constitution of a special police force in Delhi for the investigation of certain offences in the Union territories, for the superintendence and administration of the said force and for the extension to other areas of the powers and jurisdiction of the members of the said force in regards to the investigation of the said offences .
Whereas it is necessary to constitute a special police force in Delhi for the investigation of certain offences in the Union territories and to make provisions for the superintendence and administration of the said force and for the extension to other areas of the powers and jurisdiction of the members of the said force in regard to the investigation of the said offences;
It is hereby enacted as follows:
### 1. Short title and extent.
(1) This Act may be called The Delhi Special Police Establishment Act, 1946 .
(2) It extends to the whole of India.
### 1A. Interpretation section.
[Inserted by Act
[45 of 2003
, Section 26 (w.e.f. 12.9.2003).]
- Words and expressions used herein and not defined but defined in the Central Vigilance Commission Act, 2003 (
45 of 2003
), shall have the meanings, respectively, assigned to them in that Act.]
### 2. Constitution and powers of special police establishment.
(1) Notwithstanding anything in the Police Act, 1861 (
5 of 1861
), the Central Government may constitute a special police force to be called the Delhi Special Police Establishment for the investigation in any Union Territory of offences notified under section 3.
(2) Subject to any orders which the Central Government may make in this behalf, members of the said police establishment shall have throughout any Union Territory, in relation to the
investigation of such offences and arrest of persons concerned in such offences, all the powers, duties, privileges and liabilities which police officers of that Union Territory have in connection with the investigation of offences committed therein.
(3) Any member of the said police establishment of or above the rank of Sub-Inspector may, subject to any orders which the Central Government may make in this behalf, exercise any Union Territory or any of the powers of the officer-in-charge, of a police station in the area in which he is for the time being and when so exercising such powers shall, subject to any such order as aforesaid, be deemed to be an officer-in-charge of a police station discharging the functions of such an officer within the limits of his station.
### 3. Offences to be investigated by special police establishment.
- The Central Government may, by notification in the Official Gazette, specify the offences or classes of offences which are to be investigated by the Delhi Special Police Establishment.
### 4. Superintendence and administration of special police establishment.
[Substituted by Act
[45 of 2003
, Section 26 (w.e.f. 12.9.2003).]
(1) The superintendence of the Delhi Special Police Establishment insofar as it relates to investigation of offences alleged to have been committed under the Prevention of Corruption Act, 1988 (
49 of 1988
), shall vest in the Commission.
(2) Save as otherwise provided in sub-section (1), the superintendence of the said police establishment in all other matters shall vest in the Central Government.
(3) The administration of the said police establishment shall vest in an officer appointed in this behalf by the Central Government (hereinafter referred to as the Director) who shall exercise in respect of that police establishment such of the powers exercisable by an Inspector-General of Police in respect of the police force in a State as the Central Government may specify in this behalf. ]
### 4A. Committee for appointment of Director.
Added by Act
[45 of 2003
, Section 26 (w.e.f. 12.9.2003).]
(1) The Central Government shall appoint the Director on the recommendation of the Committee consisting of
| | |
| --- | --- |
|
(a) The Central Vigilance Commissioner
|
Chairperson;
|
|
(b) Vigilance Commissioners
|
Members;
|
|
(c) Secretary to the Government of India in-charge of the Ministry of Home Affairs in the Central Government
|
Member;
|
|
(d) The Secretary to the Government of India in charge of the Ministry or Department of the Central Government having administrative control of the Delhi Special Police Establishment
[Substituted by Act
[20 of 2006
, Section 2 (w.e.f. 6.4.2006).]
|
Member.]
|
[Provided that the period for which the Director holds the office on his initial appointment may, in public interest, on the recommendation of the Committee under sub-section (1) of section 4A and for the reasons to be recorded in writing, be extended up to one year at a time:
Provided further that no such extension shall be granted after the completion of a period of five years in total including the period mentioned in the initial appointment.]
(2) While making any recommendation under sub-section (1), the Committee shall take into consideration the views of the outgoing Director.
(3) The Committee shall recommend a panel of officers
(a) on the basis of seniority, integrity and experience in the investigation of anti-corruption cases; and
(b) chosen from amongst officers belonging to the Indian Police Service constituted under the All-India Services Act, 1951 (
61 of 1951
), for being considered for appointment as the Director. ]
### 4B. Terms and conditions of service of Director.
Added by Act
[45 of 2003
, Section 26 (w.e.f. 12.9.2003).]
(1) The Director shall, notwithstanding anything to the contrary contained in the rules relating to his conditions of service, continue to hold office for a period of not less than two years from the date on which he assumes office.
(2) The Director shall not be transferred except with the previous consent of the Committee referred to in sub-section (1) of section 4-A. ]
### 4C. Appointment for posts of Superintendent of Police and above, extension and curtailment of their tenure, etc.
Added by Act
[45 of 2003
, Section 26 (w.e.f. 12.9.2003).]
(1) The Committee referred to in section 4-A shall, after consulting the Director, recommend officers for appointment to the posts of the level of Superintendent of Police and above and also recommend the extension or curtailment of the tenure of such officers in the Delhi Special Police Establishment.
(2) On receipt of the recommendation under sub-section (1), the Central Government shall pass such orders as it thinks fit to give effect to the said recommendation.]
### 5. Extension of powers and jurisdiction of special police establishment to other areas.
(1) The Central Government may by order extend to any area (including Railway areas), in a State, not being a Union Territory the powers and jurisdiction of members of the Delhi Special Police Establishment for the investigation of any offences or classes of offences specified in a notification under section 3.
(2) When by an order under sub-section (1) the powers and jurisdiction of members of the said police establishment are extended to any such area, a member thereof may, subject to any orders which
the Central Government may make in this behalf, discharge the functions of a police officer in that area and shall, while so discharging such functions, be deemed to be a member of the police force of the area and be vested with the powers, functions and privileges and be subject to the liabilities of a police officer belonging to that police force.
(3) Where any such order under sub-section (1) is made in relation to any area, then, without prejudice to the provisions of sub-section (2) any member of the Delhi Special Police Establishment of or above the rank of Sub-Inspector may subject to any orders which the Central Government may make in this behalf, exercise the powers of the officer in charge of a police station in that area and when so exercising such powers, shall be deemed to be an officer in charge of a police station discharging the functions of such an officer within the limits of his station.
### 6. Consent of State Government to exercise of powers and jurisdiction.
- Nothing contained in section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union Territory of Railway, area, without the consent of the Government of that State.
### 6A. Approval of Central Government to conduct inquiry or investigation.
[Inserted by Act
[45 of 2003
, Section 26 (w.e.f. 12.9.2003).]
(1) The Delhi Special Police Establishment shall not conduct any inquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act, 1988 (
49 of 1988
) except with the previous approval of the Central Government where such allegation relates to
(a) the employees of the Central Government of the level of Joint Secretary and above; and
(b) such officers as are appointed by the Central Government in corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by that Government.
(2) Notwithstanding anything contained in sub-section (1), no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any gratification other than legal remuneration referred to in clause (c) of the Explanation to section 7 of the Prevention of Corruption Act, 1988 (
49 of 1988
).]
### 7. Repeal of Ordinance 22 of 1946.
- [Repealed by the Repealing and Amending Act, 1950 (35 of 1950), section 2 and Schedule I.]
|
65ba027dab84c7eca86ea719 | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Regulation of Admissions into MBA/MCA Professional Courses Through Common Entrance Test Rules, 2003
--------------------------------------------------------------------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Regulation of Admissions into MBA/MCA Professional Courses Through Common Entrance Test Rules, 2003
====================================================================================================================
Rule ANDHRA-PRADESH-REGULATION-OF-ADMISSIONS-INTO-MBA-MCA-PROFESSIONAL-COURSES-THROUGH-COMMON-ENTRANCE-TEST-RULES-2003 of 2003
--------------------------------------------------------------------------------------------------------------------------------
* Published on 5 July 2003
* Commenced on 5 July 2003
Andhra Pradesh Regulation of Admissions into MBA/MCA Professional Courses Through Common Entrance Test Rules, 2003
Published vide Notification No. G.O. Ms. No. 46, Higher Education (E.C.I) Department, dated 05.07.2003
Last Updated 26th October, 2019
R.S. to Part-I (Extraordinary) A.P. Gazette dated 24-07-2003.
G.O. Ms. No. 46. - In exercise of the powers conferred by Section 3 and Section 15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (Andhra Pradesh Act
5 of 1983
), the Governor of Andhra Pradesh hereby makes the following rules for admission into professional Institutions imparting Post Graduate professional Courses of MBA and MCA in the State.
### 1. Short Title, applicability and commencement.
(a) These rules may be called the Andhra Pradesh Regulation of Admissions into MBA/MCA Professional Courses Through Common Entrance Test Rules, 2003.
(b) They shall apply for selection and allotment of candidates for admission into all the Professional Institutions imparting MBA/MCA Professional Courses for which admissions shall be made through Common Entrance Test held by the State or its agency designated as ICET (Integrated Common Entrance Test) as per the Andhra Pradesh Integrated Common Entrance Test) (ICET) for Admission into MBA Professional Courses Rules 2003 issued in G.O.Ms.No. 14, Higher Education (EC) Department dated, 15-03-2003.
(c) They shall come into force from the academic year 2003-2004.
### 2. Definitions.
- (i) In these rules, unless the context otherwise requires,
(a) "Act" means the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 Andhra Pradesh (Act
No. 5 of 1983
).
(b) "Committee for Admissions" means the Committee nominated by the Competent Authority to select and make allotment of candidates to University; Un-Aided Private Professional Institutions including Minority Professional Institutions offering MBA/MCA Courses in the State for Admissions in accordance with the provisions laid down herein.
(c) "Common Entrance Test" means ICET, the examination conducted for assigning merit rank to candidates, which will be the basis for admission of the candidates into the first year of MBA and MCA Courses in various University and Un-Aided Professional Institutions including Minority Professional Institutions in the State.
(d) "Competent Authority" means the University concerned.
(e) "Convenor of Admissions" means person not below the rank of Professor nominated by the Competent Authority for selection and allotment of candidates for admission into MBA/MCA Courses in the University concerned.
(f) "Convenor Seats" means the seats earmarked from, out of the sanctioned intake of seats in each course to be filled by the "Convenor of Admissions".
(g) "Institutions" means unless otherwise specifically mentioned, all the Professional Institutions (including those detailed as State-wise institutions) imparting Post Graduate Professional Courses of MBA/MCA.
(h) "Local Area" means the territorial jurisdiction prescribed for identifying the local candidate.
(i) "Local Candidate", means the candidate in relation to the local area as specified in Andhra Pradesh Educational Institutions (Regulations of Admissions) Order 1974 as amended in G.O.P.No. 646, Edn., (W) Department, dated 10-07-1979.
(j) "Qualified Candidate" means the candidate who has appeared for the Common Entrance Test for admission into the related Professional Course and assigned ranking in the Common Merit List as per Rule 5 of the Andhra Pradesh Integrated Common Entrance Test for Admission into MBA and MCA Professional Courses Rules, 2003.
(k) "Qualifying Examination" means the examination of the minimum qualification prescribed for appearance, passing of which entitles one to seek admission into the relevant Professional Course as prescribed in Rule 3 of the Andhra Pradesh Integrated Common Entrance Test for admission into MBA and MCA Professional Courses Rules, 2003.
(l) "State Council" means The Andhra Pradesh State Council of Higher Education, constituted under the Andhra Pradesh Council of Higher Education Act, 1988 (Andhra Pradesh Act
No. 16 of 1988
).
(m) "University" means the University concerned in which the particular courses are offered:
(ii) Words and expressions used but not defined in these rules shall have the same meaning assigned to them in the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (Andhra Pradesh Act,
5 of 1983
).
### 3. Method of Admission.
- The general guidelines for the Admission of candidates into Professional Institutions offering Post Graduate Courses of MBA/ MCA shall be laid down below;
(a) The admission shall be made in the order of ...............basis of the ranking assigned in ICET as per Rule 5 of..............Andhra Pradesh Integrated Common Entrance Test for Admission into MBA and MCA Professional Courses Rules, 2003.
(b) The requirement of qualifying at the "Common Entrance Test" shall not be applicable to the candidates sponsored for admission by Ministry of Human Resource Development; Government of India New Delhi.
### 4. Eligibility for Admission.
- The eligibility criteria in respect of Nationality and Domicile, Educational Qualifications for admission into the Post Graduate Courses of MBA and MCA shall be as follows:
(i) The Candidate shall be of Indian Nationality.
(ii) The candidate should have passed the qualifying examination (10+2+3) or equivalant on the date of his/her Counselling for admission. and should have secured a rank at "Integrated Common Entrance Test" conducted by the State and should satisfy other conditions as laid down in the Rules.
(iii) The candidate should satisfy Local/ Non-Local status requirement as laid down in the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 as amended in G.O.P.No. 646. Edn (W) Department, dated 10-07-1979.
### 5. Allotment of Seats.
- (A) University Colleges:
All the sanctioned intake of seats in each course in University Colleges shall be the "Convenor Seats". They shall be allotted to eligible candidates under these Rules on the basis of rank obtained at ICET and by following Rule of Reservation laid down by the Government from time to time.
(B) Un-aided Non-Minority Professional Institution. - The Seats to be allotted in each Un-aided Non-Minority Professional Institution under these Rules for Admission of Candidates shall be classified as:
(a) Convenor Seats
(b) Management Seats
(i) The Convenor seats shall be 85% of sanctioned Intake of seats in each course in UN-Aided Non-Minority Institutions, which shall be filled with eligible candidates on the basis of rank obtained at Integrated Common Entrance Test and by following Rule of Reservation laid down by the Government from time to time.
(ii) The Management Seats shall be 15% of the sanctioned Intake of seats in each course in respect of Un-Aided Non-Minority Institutions, which shall be open for admission to all the eligible candidates including candidates belonging to other States and Union Territories of India an Non resident Indians (NRIs).
(C) Un-aided Minority Professional Institution. - The seats to be allotted in each Un-aided Minority Professional Institution under these Rules for Admission of Candidates shall be classified as:
(a) Convenor Seats
(b) Management Seats
(i) The Convenor seats shall be 30% of sanctioned Intake of seats in each course in Un-Aided Non-Minority Institutions, which shall be filled with eligible candidates on the basis of Rank obtained at Integrated Common Entrance Test and by following Rule of Reservation laid down by the Government from time to time:
(ii) The Management Seats shall be:
(a) 15% of the total intake of seats in each course in respect of Un-Aided Minority Professional Institutions, which shall be open for admission to all the eligible candidates including candidates belonging to other States and Union Territories of India and Non-Resident Indians (NRIs).
(b) 55% of the total Intake of seats in each course in Un-Aided Minority Professional Institutions, when shall be filled with the concerned Religious/ Linguistic Minority eligible candidates only on the basis of Rank, obtained at Integrated, Common Entrance Test by following Merit Order and transparency and eligibility condition as per Rule 4 (iii), and Rule of reservation for Women, and also 3% reservation for Physically handicapped candidates.
(c) Vacant seats, if any, in this category, shall be filled by the Management with eligible Non-Minority candidates who are qualified at Integrated Common Entrance Test conducted by the State ensuring merit and transparency and by following the rule of reservation.
### 6. Authority of Admissions for Convenor Seats & Management Seats.
(a) All the Convenor Seats i.e., 100%seats in case of University Colleges, 85% seats in the case of Un-Aided Non-Minority Institutions and 30% seats in the case of Un-Aided Minority Institutions shall be filled by the Convenor of Admissions under these Rules.
(b) In Un-Aided Non-Minority Professional Institutions, the Management Seats shall be filled by the Management, keeping them open to all on the basis of either Rank obtained at Integrated common Entrance Test conducted by the State OR Marks secured in the qualifying examination not less than 50% of marks in aggregate or in Group Subjects.
(c) In Unaided Minority Professional Institution the Management Seats shall be filled by the Management, by following the eligibility criteria mentioned below:
(i) 15% of seats mentioned at rule 5(c)(ii)(a) above, keeping them open to all on the basis of either Rank obtained at Integrated Common Entrance Test conducted by the State OR Marks secured in the qualifying examination not less than 50% of marks in aggregate in Group Subjects.
(ii) 55% of the seats mentioned at rule 5(c)(ii)(b) above, on the basis of the rank obtained a Integrated Common Entrance Test conducted by the State Agency.
### 7. Procedure of Admissions.
- (A) Filling Up Convenor Seats (100% Seats In Case of University Colleges, 85% of Seats In The Case of Un-Aided Non-Minority Professional Institutions and 30% Seats In The Case of Un-Aided Minority Professional Institutions):
(i) An Admission Committee shall be constituted by the competent authority:
(ii) All the Admissions to Convenor Seats shall be held at University level by following centralised counselling:
(iii) The Convenor of Admissions shall Collect Rank Lists of the qualified candidates of Integrated Common Entrance Test, prepared by the Convenor, Integrated Common Entrance Test as per Rule 5(3) of Andhra Pradesh Integrated Common Entrance Test for admission into MBA and MCA Professional Courses Rule, 2003.
(iv) The Convenor of Admissions shall prepare the programme of Schedule for admissions, notify the programme of admissions and shall make all the necessary arrangements for manpower admission venue, drawing scrutiny officers from other departments, fee collection, facilities etc., in consultation with the Admission Committee.
(v) No management of Un-Aided Non-Minority Professional Institutions and Un-Aided Minority Professional Institutions shall call for applications for Admission separately or individually for the Convenor Seats.
(vi) Candidates shall be called for Counselling and allotment of Courses/ Institutions shall be made in the order of merit assigned at Integrated Common Entrance Test by following the Rule of Reservation issued by the Government, from time to time and such allotment is only provisional.
(vii) The selection of candidates and allotment of Courses/Institutions shall be solely on the basis of merit as adjudged by the rank obtained in the entrance Test subject to the condition that the candidate should have passed the qualifying examination. However, mere appearance at the Entrance Test and obtaining rank in the merit list does not entitle a candidate to be considered for admission automatically into any Course/Institution unless he/ she also satisfies the rules and regulations of admission prescribed by the concerned University/ Government including marks to be obtained in the qualifying examination.
(ix) The Candidates admitted in any MBA/ MCA Colleges, shall pay at the time of admission, the fees prescribed by the University/Government and payable per student per annum.
(x) After completion of this stage of admissions the Convenor of Admissions shall hand over the remaining seats to the competent authority to fill them.
The Seats still left unfilled in Unaided Non-Minority Professional Institutions and Un-Aided Minority Professional Institutions shall be handed over to the managements concerned to fill them in their respective institutions (Institutional Spot Admissions) as per Rules and by giving notification in leading News papers. All such admissions made by the Unaided Professional Institutions require ratification of the competent authority.
(xi) The competent authority/Convenor of Admissions shall prepare the final list of the candidates admitted course-wise and Institution wise and send the same to University Departments concerned.
(xii) The competent authority in consultation with Admission Committee shall fix the cutoff dates for each stage of Admission contemplated in Clause (i) to (ix) above.
(xiii) All the candidates called for Counselling shall produce the specified original documents along with duly attested photo copies and the Convenor of Admissions shall be entitled to cause verification of all the documents produced by the candidates.
(B) Filling Up Management Seats (15%) (In The Case Of Both Un-Aided Non-Minority And Un-Aided Minority Professional Institutions). - 15% of the Management seats shall be filed by the Management, keeping them open to all the eligible candidates for admission including candidates belonging to other States and Union Territories of India and the NRIs, on the basis of either Rank obtained at Integrated Common Entrance Test conducted by the State OR Marks secured in the qualifying examination not less than 50% of marks in aggregate or in Group Subjects.
(C) Filling Up Management Seats (55%) (In Unaided Minority Institutions):
(a) For the 55% of seats to be filled by the Management with relevant minority candidates as per rule 5-C(ii)(b) the procedure of admission as given below shall be followed in order to ensure transparency and merit.
(i) The Management of the Unaided Minority Professional institution shall decide the programme of admission and display it on the notice board of the college and also give wide publicity of the same.
(ii) The Management of the Unaided Minority Professional Institution shall issue a notification separately in respect of each college in all leading news papers inviting applications from the relevant minority candidates desiring to seek admission in the college. The notification should contain cost of application, number of seats available for admission in each course, eligibility criteria, fee payable etc.,
(iii) The application forms shall be made available at a reasonable cost to the candidates from the sales counters of the college concerned and also at the offices mentioned below for accessibility and transparency;-
(a) Prl. Secretary to Government, Minority Welfare Department, Andhn Pradesh, Hyderabad.
(b) Commissioner of Technical Education Andhra Pradesh, Hyderabad and
(c) Secretary, Andhra Pradesh State Council of Higher Education, Hyderabad.
(vi) The filled in applications shall be received on or before the prescribed last date, by the same authorities/ offices which have supplied the blank applications.
(v) A register shall be maintained to account for the sale of applications and receipt of filled in applications, entering the Name of the candidate with his signature and the date of receipt and the signature of the officer who is in-charge of the register.
(vi) An acknowledgement shall be issued for the receipt of filled in application to each of the candidate.
(vii) The Management of College/ Institution shall arrange to collect the filled in applications from other offices mentioned above and shall prepare merit order of all the candidates who have applied for admission on the basis of the rank obtained at Integrated Common Entrance Test.
(viii) The list of candidates selected, for Counselling and allotment of seats shall be displayed on the notice board of the college/Websites of the Institute, Convenor of Integrated Common Entrance Test and State Council and also the candidates shall be intimated individually of the date and time of Counseling with all the information like the fee payable at the time of admission in the form of cheque/ DD and also other instructions to be followed for the purpose of admission.
(ix) The candidates selected for admission after Counselling shall be directed to pay the prescribed fee on the date of Counseling and a list of all the admitted candidates shall be displayed on the notice board of the college and it shall be communicated within seven days to the competent authority. Commissioner of technical Education and Principal Secretary to Govt., Minority Welfare Department Andhra Pradesh, Hyderabad.
(x) If any vacancies arise after completing the first round of counseling, they shall be displayed on the notice board of the college and the procedure of admission laid in clause (viii) and (ix) above shall be repeated to fill up the vacancies.
(xi) The vacant seats still if any, shall be filled by the Management of the College with eligible Non-Minority candidates following Rules of reservation as laid in Rule 5-C(ii)(c).
(b) After completion of admissions, each Unaided Minority Professional Institution shall submit to the Competent Authority, the statement containing full particulars of candidates admitted under the sub-rules at (A) and (B) above within two weeks from the date of completion. The Competent Authority shall verify the correctness of admissions through the inspecting authority and if any irregularity is noticed it shall call upon such Professional Institution to rectify the same.
(c) If it is found that no steps were taken by the Management to rectify the irregularities in admissions made by them, penal action shall be initiated against the Management of the College / Institution.
(d) The Competent authority shall fix the course of dates for the Management to complete the above process and to submit the lists of admitted candidates.
### 8. Rules of Reservation for Admission.
- Seats shall be reserved to the following categories in Admissions to Professional courses:
(1) Region-wise reservation of seats. - (a) Admission to 85% of the "Convenor Seats" (Mentioned in Rule 7 (A) above in each Course shall be reserved for the local candidates.
The remaining 15% of the "Convenor seats" (Mentioned in Rule 7 (A) above shall be unreserved seats as specified in the Andhra Pradesh Educational Institutions (Regulations and Admissions) Order, 1974 as amended in G.O.P.No. 646 Education (W) Department, dated 10-07-1979.
(b) Admission to 85% of the "Management Seats" shall be reserved for local candidates. The remaining 15% of the "Management seats" shall be un-reserved seats as specified in the Andhra Pradesh Educational Institutions (Regulations and Admissions) Order, 1974 as amended in G.O.P.No. 646 Education (W) Department, dated 10-07-1979.
(c) In respect State-wise Universities/ Institutions admissions into 85% of seats, in each Course shall be reserved for the candidates belonging to the three local areas in the State specified in this sub-rule namely, Andhra University area (Andhra), Osmania University area (Telangana) and Sri Venkateswara .University area (Rayalseema) in the ratio of 42:36:22 respectively and the balance of 15% seats shall be left for open competition.
Explanation. - For Purpose of These Rules.
(I) The Local Areas means. - (a) The part of the State comprising the districts of Adilabad, Hyderabad (Including Twin Cities) Ranga Reddy, Karimnagar, Khammam, Medak, Mahaboobnagar, Nalgonda, Nizamabad and Warangal shall be regarded as the Osmania University Local area (Telangana).
(b) The part of the State comprising the districts of Srikakulam, Vizianagaram, Visakhapatnam, East Godavari, West Godavari, Krishna, Guntur and Prakasam shall be regarded as the Andhra University Local area (Andhra).
(c) The part of the State Comprising the districts of Anantapur, Kurnool, Chittoor, Cuddapah and Nellore shall be regarded as the Sri Venkateswara University Local area (Rayalseema).
(II) The Local Candidate means. - (a) A candidate for admission shall be regarded as a local candidates in relation to a local area.
(i) If he has studied in Educational Institution or Educational Institutions in such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared or as the case may be, first appeared in the relevant qualifying examination, or
(ii) Where, during the whole or any part of the four consecutive academic years ending with the academic year in which he appeared or as the case may be first appeared for the relevant qualifying examination he has not studied in any Educational Institutions, if he has resided in that local area for a period of not less than four years immediately preceding the date of commencement of the relevant qualifying examination which he appeared or as the case may be, first appeared.
(b) A candidate for admission to the Course who is not regarded as local candidate under clause (a) in relation to any local area shall.
(i) If he has studied in Educational Institutions in the State for a period of not less than seven consecutive academic years ending with the academic year in which he appeared or as the case maybe, first appeared for the relevant qualifying examination be regarded as a local candidate in relation to..............
(I) Such local area where he has studied for the maximum period out of said period of seven years., OR
(II) where the period of his study in two or more local areas are equal such local area where he has studied last in such equal period, OR
(ii) If, during the whole or any part of seven consecutive academic years ending with the academic year in which he appeared or as the case may be first appeared for the relevant qualifying examination he has not studied in the Educational Institutions in any local area but has resided in the State during the whole of the said period of seven years, be regarded as a local candidate in relation to..
(I) Such local area where he has resided for the maximum period out of the said period of seven years OR
(II) Where the periods of his residence in two or more local areas are equal, such local area where he has resided last in such equal periods.
(c) The following categories of candidates are eligible to apply for admission to the remaining 15% of un-reserved seats:
(i) All the candidates eligible to be declared as local candidates.
(ii) candidates who have resided in the State for a total period of 10 years excluding periods of study outside the State or either of whose parent have resided in the State for a total period of ten years excluding period of employment outside the State.
(iii) Candidates who are children of parents who are in the employment of this State or Central Government, Public Sector Corporations, Local Bodies, Universities and other similar quasi public Institutions, within the State.
(iv) Candidates who are spouses of those in the employment of the State or Central Government Public Sector Corporations, Local Bodies, Universities and Educational Institutions recognised by the Government or University OR Other, competent authority and similar quasi Government Institutions within the State.
(d) If a local candidate in respect of a local area, is not available to fill any seat reserved or allocated in favour of a local candidate in respect of that local area, such seat shall be filed as if it had not been reserved.
Note. - For Details, See The Andhra Pradesh Educational Institutions (Regulations of Admission) Order, 1974 and As Amended In G.O.P.No. 646, End. (W) Department, Dated 10-07-1979.
(2) Reservation of seats for SC/ST/BC Communities. - (a) 15% of seats in each course in each institution shall be reserved for the candidates belonging to Scheduled Castes [\*\*\*]
[Omitted 'as shown below: SC-A-1% SC-B-7% SC-C-6% SC-DI%' by Notification No. G.O.Ms. No. 130, dated 12.9.2005 (w.e.f. 5.7.2003).]
(b) 6% of seats in each course in each Institutions shall be reserved for the candidates belonging to the Scheduled Tribes.
The seats reserved for Scheduled Tribes shall be made available to Scheduled Castes and Vice-versa, if qualified candidates are not available in the category.
If qualified candidates belonging to scheduled castes and scheduled Tribes Communities are not available the left over seats reserved for them shall be treated as unreserved seats and shall be filled by the candidates of general pool.
(c) 25% seats in each course in each institution shall be reserved for the candidates belonging to the Backward classes and shall be allocated among the four group of Backward classes as shown below (vide G.O.Ms.No. 1793, Edn., dated 23-9-70)
GROUP 'A' - 7%
GROUP 'B' - 10%
GROUP 'C' - 1%
GROUP 'D' - 7%
If qualified candidates belonging to Backward class of a particular group are not available, the leftover seats can be adjusted for the candidates of next group. If qualified candidates belonging to Backward classes are not available to fill up the 25% seats reserved for them, the left over seats shall be treated as unreserved and shall be filled up with candidates of General pool.
(d) No candidate, seeking reservation for admission under the above categories be allowed to participate in the Counseling for admission unless he produced the Integrated Community Certificate, prescribed by the Govt., and issued by the Revenue Authorities in the Govt./{vide G.O.Ms.No. 58, Social Welfare (J) Department, dated 12-05-1997).
(3) Reservation for Special Categories. - (I) Seats shall be reserved in each course of an institution for the following categories, to the extent indicated against them.
(i) Physically Handicapped (PH) - There shall be 3% (Three Percent) Horizontal reservation in each category (OC, BC.SC.ST) for Visually Handicapped/ hearing impaired/orthopaedically Handicapped (Each 1%) (One Percent) G.O.Ms.No. 109 Women Development Child Welfare and Labour department, dated 15-6-1992 and G.O.Ms.No. 339, Edn., (EC-II) Department, dated 15-12-1999)
(ii) Children of Armed Persons (CAP) - 2% (Two Percent) for the Children of armed persons i.e. Ex-Servicemen, Defence Personnel including the Children of Border Security Force and the central Reserve Police Force residing in Andhra Pradesh for a minimum period of 5 years.
Order of Priorities:
Priority 1. - Children of Armed Forces personnel killed in Action
Priority 2. - Children of Armed Forces Personnel disabled in action and invalidated out from service on Medical grounds.
Priority 3. - Children of Armed Forces Personnel who are in receipt of Gallantry Awards. The order of merit for consideration of the Gallantry Awards being as given below:
(i) Param Vir Chakra (ii) Ashoka Chakra (iii) Sarvotham Yudh Seva Medal (iv) Mahavir Chakra (v) Kirti Chakra (vi) Uttam Yuddh Seva Medal (vii) Vir Chakra (viii) Shourya Chakra (ix) Yuddha Seva Medal (x) Sena/Nau Sena/Vayu sena Medal (xi) Mention in Dispatches.
Priority 4. - Children of other Ex-servicemen, Servicemen.
Note. - The candidates who do not come under any of the priorities 1 to 4 shall not be eligible fore consideration under this category,
(iii) National cadet Corps (NCC) - 1% (One Percent) for National Cadet Corps candidates.
The seats under NCC will be considered in the following order of priority:
Priority 1. - NCC cadet participants at International level selected for the youth exchange Programme.
Priority 2. - NCC cadet participants ai National level in the following order of priority: (i) Republic day camp at New Delhi (ii) All India Thai Sainik Camp. Nau Sanik Camp/Vayu Sainik Camp for Republic Day banner competition (iii) national Integration camp at A & N Islands (iv) participants of Parajumps/Skydiving/ Mountaineering at National level/Medal winners at National shooting competition with National Rifle Association/ Award winner in NCC games at National level.
Priority 3. - (i) Participation of RD parade at State level.
(ii) participants of Independence Day parade at State Level.
(Priority within the selected category will be given to C.B.A certificate holders in that order)
Note. - 1. If there are two or more candidates in any sub-category, the admission will be made based on the ICET rank.
### 2. The relevant certificate should have been obtained by the candidate during the study of the qualifying examination (iv) Sports and Games (SP) - 1/2% (o.5%) (Half Percent) for Sports and Games candidates.
(a) The candidates should have participated in Sports during their study for the qualifying examination.
(b) The seats will be filed as per the following order of preference:
(i) Represented the country and participated at Inter-national Level;
(ii) Represented the State and participated at All India Level;
(iii) Represented the University and participated at Inter- University level.
(c) No extra weightage shall be given to candidates for representation in more than one game or sport or representation for more than once in the same game or sport. The priority will be decided based on the highest entitlement from among the priorities admissible to a particular candidate based on his/ her representation in different games/sports.
(d) participation in the following games and sports only shall be considered under this category duly certified by recognized Sports Bodies or Associations:
(I) Athletics (Men & Women) (2) Badminton (3) Ball Badminton (Men & Women) (4) Basket Ball (Men & Women) (5) Boxing (Men) (6) Chess (Men & Women (7) Cricket (Men & Women) (8) Cycling (Men & Women) (9) Foot Ball (Men & Women) (10) (Gymnastic & Malkamb (Men & Women) (11) Hand Ball (Men & Women) (12) Hockey (Men & Women) (13) Judo (Men & Women) (14) Khabadi (Men & Women) (15) Kho-kho (Men & Women) (16) Rowing (Men & Women) (17) Softball (Men & Women) (18) Squash Racket (Men) (19) Swimming Driving & Water Polo (Men & Women) (20) Table Tennis (Men & Women) (21) Tennis'(Men & Women) (22) Volley Ball (Men & Women) (23) Weight Lifting (Men & Women) (24) Best Physique (Men) (25) Power lifting (Men) (26) Cross Country (Men & Women) (27) Wrestling (Men) (28) Yogasans (Men & Women) (29) Krof Ball (30) Weight Lifting (31) Roller Skating (32) Archery (33) Sailing/ Yatching (34) Kayaking and Canoeing (35) Taek-wando (36) Sepak - Takraw.
(II) If qualified candidates belonging to NCC/SP/CAP categories are not available, left over seats shall be filled up with candidates of General Pool of the same local area.
(III) The candidates claiming reservation benefits under the above categories shall produce original documents in support of their claim to the Convenor of Admissions and he shall be entitled to refer to the original documents of the candidates claiming reservation for scrutiny and confirmation, to the following authorities.
(i) NCC - To the Director of NCC, Andhra Pradesh or his nominee.
(ii) Sports & Games-To the Committee of the expert constituted by the competent authority.
(iii) Physically Handicapped - To The Medical Board nominated by competent authority.
(iv) CAP - To The Director or his nominee Sainik Welfare Board A.P.
(IV) The priorities in respect of the special categories mentioned above in items above shall be in accordance with Government Orders issued from time to time.
### 4. Reservation of Seats for women. - There shall be a reservation of 33 1 /3% of seats in favour of women candidates in each course and in each category (OC/SC/ST/ BC/CAP/NCC/Ph/Sports) The above reservation shall not be applicable if women candidates are selected on merit in each category even if it exceeds 33.1/3%.
If sufficient number of women candidates are not available in the respective categories, those seats shall be diverted to the men candidates of the same category.
### 9. Fee for MBA and MCA Courses.
- The fee payable shall be:
(i) The candidates admitted in the University Colleges in the postgraduate courses MBA/MCA shall pay the fees as decided by the concerned University.
(ii) A fee of Rs. 20,000/- (Rupees Twenty Thousand only) per student per annum shall be payable by the candidates admitted under the Convener Seats, (85%) in Un-Aided Non-Minority Colleges and under reconvene seats (30%) and Management seats (55%) in Un-Aided Minority Professional Colleges offering these courses.
(iii) The Managements of both Un-Aided Non-Minority and Un-Aided Minority Institutions may charge upto a fee of Rs. 60,000/- per student per annum for 15% Management seats without amounting to profiteering and without charging capitation fee.
(iv) The Management shall not collect and other fees in the name of Development Fee, Building Fee, Infrastructure Development Fee, etc., except Refundable Deposits like Library Deposit, Laboratory Deposit etc., and shall not charge any capitation fees or resort to profiteering in accordance with the judgment of the Supreme Court cited above.
(v) The fee structure of the courses in all cases shall be reviewed once in two years.
(vi) The candidates who were admitted in the colleges prior to the academic year 2003-2004 shall continue to pay the fees at the rate existing at the time of their admission.
|
65b9ccdeab84c7eca86ea03f | acts |
State of Madhya Pradesh - Act
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Madhya Pradesh Investment Facilitation Act, 2008
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MADHYA PRADESH
India
Madhya Pradesh Investment Facilitation Act, 2008
==================================================
Act 21 of 2008
----------------
* Published on 8 August 2008
* Commenced on 8 August 2008
Madhya Pradesh Investment Facilitation Act, 2008
(Madhya Pradesh Act
No. 21 of 2008
)
Last Updated 5th February, 2020
[Received the assent of the Governor on the 8th August, 2008, assent first published in the "Madhya Pradesh Gazette (Extra-ordinary)", dated the 12th August, 2008]
An Act to provide for the facilitation of new investments in industrial and other projects by simplifying the regulatory framework, reducing procedural requirements and rationalising documentation and to provide for friendly environment to an Investor in the State of Madhya Pradesh and matters connected therewith or incidental thereto.
Be it enacted by the Madhya Pradesh Legislature in the Fifty-ninth year of the Republic of India as follows: -
### 1. Short title, extent and commencement.
(1) This Act may be called the Madhya Pradesh Investment Facilitation Act, 2008.
(2) It extends to whole of the Madhya Pradesh.
(3) It shall come into force on such date as the State Government may, by notification appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(a) "Apex Level Committee" means, a Apex Level Investment Promotion Empowered Committee constituted by the State Government under Section 3;
(b) "Clearances" means grant or issue of no-objection certificate, letter of intent allotments consents, approvals, permissions, registrations, enrollments licenses and the like by any competent authority or department, in connection with the sealing up of an industrial or commercial or service sector undertaking in the State of Madhya Pradesh and shall include all such clearances required till the undertaking commences commercial operation;
(c) "Competent authority" means any concerned department or authorised agency of the State Government, any statutory board, Corporation, local authority, Gram Panchayat, Municipality, Municipal Corporation or other local body which are entrusted with the powers and responsibilities to grant or issue clearances:
(d) "Customized package" means package of assistance or facilities sanctioned by the Apex Level Committee for the project of an investor in addition to the existing assistance or facilities available in Madhya Pradesh under various schemes;
(e) "Department" means any department of the Government of Madhya Pradesh;
(f) "District Level Committee" means the District Level investment Promotion Empowered Committee constituted by the State Government under Section 9;
(g) "District Trade and Industries Centre" means the district office of the Department of Commerce, Industry and Employment of the Government of Madhya Pradesh;
(h) "Entrepreneur" means a person or body of persons or a company having majority investment or controlling interest in an industrial undertaking;
(i) "Industrial policy" means the industrial policy or policies declared by the Government of Madhya Pradesh or by the Government of India, as the case may be, for promotion of industrial, commercial and other related activities;
(j) "Industrial undertaking" means an undertaking engaged in manufacturing or processing or both or providing service or doing any other business or commercial activities as may be specified by the State Government or the Central Government;
(k) "Industrial unit" means an undertaking which is engaged in manufacturing or processing or such activities which may be registered under relevant Acts and rules of the Department of Commerce, Industry and Employment of the Government of Madhya Pradesh or Government of India:
(l) "Investment" means fixed capital investment by an investor in industry or service or infrastructure or commercial project;
(m) "Investor" means a person, firm, company or institution who proposes to invest in the State of Madhya Pradesh:
(n) "Madhya Pradesh Trade and Investment Facilitation Corporation Limited (TRIFAC)" means the agency established for effective implementation of Single Window (Clearance) System, having headquarter at Bhopal;
(o) "Nodal Agency" means the agency notified at the State level or at the District Level under Section 12;
(p) "Project" means an undertaking with proposed investment for manufacturing or processing or both or providing service or doing any other business or commercial activity in the State as may be specified by the State Government or an existing unit undertaking its expansion or diversification or modernization;
(q) "Single Window (Clearance) System" means a mechanism or system established by the State Government, under which applications are received, examined, processed and approvals are issued in a unified manner from and through the aegis of a single designated agency to facilitate speedy clearances for investment proposals.
### 3. Apex Level Investment Promotion Empowered Committee.
(1) The State Government may, by notification, constitute an Apex Level Investment Promotion Empowered Committee consisting of such members as may be specified therein.
(2) The Apex Level Committee shall examine and consider the proposals received from any entrepreneur relating to industrial and other projects to be set up in the State having such financial limit as may be notified by the State Government from time to time.
(3) The members of the Apex Level Committee shall personally attend its meeting and in case a member is unable to attend, he shall depute a Senior Level Officer to attend the meeting with a written authorisation to take appropriate decisions in the meeting.
### 4. Functions of Apex Level Committee.
(1) The Apex Level Committee shall meet at least once in every two months and at such place and shall adopt such procedure to transact its Nosiness as it may decide.
(2) The Apex Level Committee shall examine the proposals for the setting up of any project or industrial undertaking, which are submitted before it and shall take appropriate decisions, including sanction of customized packages on such proposals and may call the investor and concerned departments or authorities to present their case before it.
(3) The Apex Level Committee may also consider matters referred to it by the State Level Committee and take appropriate decisions.
### 5. Powers of the Apex Level Committee.
(1) The Apex Level Committee shall be the final authority an granting approvals for the projects placed before it and shall have all the powers at par with the Economic Affairs Committee of the State Cabinet and Apex Level Committee may consider granting a customized package on a proposal, keeping in view the nature and requirements of the proposal made by an investor.
(2) Decisions taken by the Apex Level Committee shall be binding on all Government Departments or authorities and such departments or authorities shall issue requisite clearances and permissions within the stipulated time limit:
Provided that the relevant provisions of the applicable Acts and Rules of the State Government or Central Government are complied with by the investor.
### 6. State Level Investment Promotion Empowered Committee.
(1) The State Government may, by notification, constitute a State Level Investment Promotion Empowered Committee consisting of such persons as may be specified therein.
(2) A member of the State Level Committee shall personally attend its meeting and in case he is unable to attend he may depute a Senior Level Officer with a written authorisation to take appropriate decision in the meeting.
### 7. Functions of State Level Committee.
(1) The State Level Committee shall meet at least once in every two months and at such place and adopt such procedure to transact its business as it may decide.
(2) The State Level Committee shall consider and examine the proposals brought before it for the setting up of industrial undertakings or projects with investment of such financial limit as may be notified by the State Government from time to time and shall take appropriate decisions.
(3) The State Level Committee shall consider and decide the matters referred to it by the District Level Committee.
### 8. Powers of the State Level Committee.
(1) The State Level Committee shall be authorised to grant clearances to the proposals submitted before it with investment of financial limits notified by the State Government.
(2) The decisions taken by the State Level Committee shall be binding on the concerned departments or authorities or agencies and such departments or authorities shall issue the required clearances as approved by the State Level Committee within the stipulated time limit:
Provided that the investor has complied with the provisions of the relevant Acts and Rules of the State Government or the Central Government applicable at that time.
(3) The State Level Committee may refer the proposals of investment exceeding its jurisdiction to the Apex Level Committee for consideration in appropriate cases.
### 9. District Level Investment Promotion Empower of Committee.
(1) The State Government may, by notification, constitute a District Level Investment Promotion Empowered Committee consisting of such members as may be specified therein.
(2) A member of the District Level Committee shall attend, personally and in Case he is unable to attend the meeting, he may depute a Senior Level Officer with written authorisation to take appropriate decision in the meeting.
### 10. Functions of the District Level Committee.
(1) The District Level Committee shall meet at such time and such place and shall adopt such procedures to transact its business as may be prescribed.
(2) The District Level Committee shall consider and examine the proposals brought before it for the setting up of any project or industrial unit with investment of such financial limits as may be notified by the State Government within the concerned district and shall take appropriate decisions, which shall be communicated to the investors and the departments or authorities concerned.
(3) The concerned District Trade and Industry Centre under the Department of Commerce, Industry and Employment, Government of Madhya Pradesh shall function as the Secretariat and Nodal Agency for the District Level Committee.
### 11. Powers of the District Level Committee.
(1) The District Level Committee shall be authorised for granting clearances and according approvals for the investment proposals up to the financial limits ratified by the State Government.
(2) The decisions taken by the District Level Committee shall be binding on the departments or authorities concerned at the district level and such departments or authorities shall issue the required clearances within the stipulated time limit, subject to compliance by investors of the provisions of the applicable Central or State Acts and the rules thereunder.
### 12. Nodal Agencies.
- For the proper functioning and working of the Apex Level Committee, State Level Committee and District Level Committee, the State Government may, by order, appoint the agency shown against each committee in the Table below or any other agency as the Nodal Agency in respect of the committee concerned:-
| | |
| --- | --- |
|
Committee
|
Nodal Agency
|
|
Apex Level Committee
|
Madhya Pradesh Trade and Investment Facilitation
Corporation Ltd., Bhopal
|
|
State Level Committee
|
-do-
|
|
District Level Committee
|
District Trade and Industry Centre of the
concerned District.
|
### 13. Functions of State Level Nodal Agency.
- The Nodal Agency at the State level shall, -
(i) carry out investment facilitation activities by extending assistance to investors;
(ii) function as the Secretariat for the Apex and State Level Committee;
(iii) co-ordinate and follow up with the concerned departments for obtaining the sanction or approvals required for the setting up of the projects or industrial undertakings:
(iv) prepare information regarding rules and procedures and application forms etc. and make them available to the entrepreneurs:
(v) receive from investors or entrepreneurs the combined application forms and forward the same to the concerned departments or agencies for getting clearances or approvals in the stipulated time limit.
### 14. Functions of the District Level Nodal Agency.
- The functions of the District Level Nodal Agency shall be as follows: -
(i) to carry out investment promotional activities in the district:
(ii) to guide and assist entrepreneurs in investment and in setting up their projects or industrial units in the district:
(iii) to issue application forms meant for various clearances to the entrepreneurs and also to receive the filled up forms from them and to facilitate required clearances from the departments and authorities within the stipulated time;
(iv) to promote Secretarial service to the District Level Committee.
### 15. Combined Application Form.
- The State Government may prescribe combined application form for the use of entrepreneurs whose projects are to be submitted to the Apex Level or State Level or District Level Committee, in lieu of the existing forms prescribed under applicable Acts or rules of the State Government and the application forms under Central Governments Acts or rules may be incorporated as such in the combined application form and the combined application form shall be issued for obtaining necessary approvals required from the State Government Departments or all its agencies or agencies of the Central Government and all the departments or authorities concerned of the State Government shall accept such combined application form for processing and issue of required clearances.
### 16. Self Certification.
(1) Every investor or entrepreneur shall furnish "Self Certification" at the time of submitting the duly completed combined application form and thereafter once in a year to the Nodal Agency undertaking that he shall comply with the applicable provisions of relevant Acts and rules made thereunder and the undertaking shall be furnished in such form as may be prescribed.
(2) The self certification furnished by the entrepreneur shall be accepted by the departments and authorities for the purpose of issuing and granting clearances and giving other benefits to the entrepreneurs.
### 17. Time limit for processing of application.
- The State Government in the Department of Commerce, Industry and Employment, in consultation with the concerned department, may prescribe time limit for processing and disposal of application in respect of clearances or approvals or permissions etc.
### 18. Penalty and cognizance of offence.
(1) Any entrepreneur, who fails to comply with the conditions or, on the undertaking in the self certification given to the Nodal Agency or the other department or authorities, shall, on conviction, be punishable with fine which may extend to live thousand rupees for the first offence and for the second or subsequent offence with fine which may extend to ten thousand rupees.
(2) No Court shall take congnizance of any offence under sub-section (1) except with the previous sanction of the State Government.
### 19. Protection of action taken in good faith.
- Notwithstanding any thing contained in any law for the time being in force, no suit or Criminal proceedings shall lie against the Chairperson or other members of Apex Level or State Level or District Level Committee or any employee of such committee or Nodal Agency, in respect of anything which is in good faith done or intended to be done under this Act or any rule made thereunder.
### 20. Power to make rules.
(1) The State Government may, by notification, subject to 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 the State Legislature while it is in Session.
### 21. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty.
|
65b9e57fab84c7eca86ea332 | acts |
State of Assam - Act
----------------------
Assam Junior Colleges (Provincialisation) Act, 2012
-----------------------------------------------------
ASSAM
India
Assam Junior Colleges (Provincialisation) Act, 2012
=====================================================
Act 15 of 2012
----------------
* Published on 30 March 2017
* Commenced on 30 March 2017
Assam Junior Colleges (Provincialisation) Act, 2012
(Assam Act
No. 15 of 2012
)
Last Updated 12th February, 2020
(Received the assent of the Governor on 14th May, 2012)
An Act to provincialise certain Junior Colleges which were brought under the deficit system of grants-in-aid in the State of Assam.
Preamble
Whereas it is expedient to provincialise certain Junior Colleges which were brought under the deficit system of grants in-aid ;
It is hereby enacted in the Sixty-third Year of the Republic of India as follows:-
### 1. Short title, extent and commencement.
(1) This Act may be called the Assam Junior Colleges (Provincialisation) Act, 2012.
(2) It extends to the whole of Assam.
(3) It shall come into force at once.
### 2. Definitions.
- In this Act unless there is anything repugnant to the subject or context:-
(a) "Appointing Authority" in respect of the teaching and non-teaching employees of the Junior Colleges means the Governing Body of the respective [Junior Colleges]
[Substituted 'Junior College' by Assam Act No. 10 of 2017, dated 30.3.2017.]
who appoints the employees as per decision of the Governing Body and approved by the Director;
(b) "Director" means the Director of Secondary Education, Assam which shall include the Director of Education in respect of BTC area, Additional Director, Hills in respect of Hill areas or such other authorities as may be prescribed by the State Government;
(c) "employees" means and includes all existing employees both teaching and non-teaching, working in a [Junior Colleges]
[Substituted 'Junior College' by Assam Act No. 10 of 2017, dated 30.3.2017.]
brought under the deficit system of grants-in-aid against a post duly sanctioned by the State Government;
(d) "Governing Body" means the Governing Body of a [Junior Colleges]
[Substituted 'Junior College' by Assam Act No. 10 of 2017, dated 30.3.2017.]
duly constituted under sub-section (2) of section 7 of this Act and approved by thy Director for carrying out the management of the Junior Colleges;
(e) "[Junior Colleges]
[Substituted 'Junior College' by Assam Act No. 10 of 2017, dated 30.3.2017.]
" means a College which are in receipt of deficit system of grants-in-aid from the State Government for imparting general education in Arts, Commerce and Science stream in plus 2 stages;
(f) "prescribed" means prescribed by the rules made under this Act;
(g) "President" means the President of Governing Body of a [Junior Colleges]
[Substituted 'Junior College' by Assam Act No. 10 of 2017, dated 30.3.2017.]
duly constituted under this Act and approved by the Director;
(h) "provincialised" means taking the liabilities in respect of the employees of the Junior Colleges for payment of salaries including Dearness Allowance, Medical Allowance and such other allowances as admissible to the State Government employees of similar category and gratuity, pension, leave encashment etc, as admissible under the existing rules, sdve and except the pension of the employees appointed or coming under deficit system of grants-in-aid on or after 1.1.2005, which shall also include vesting of land, building and other properties of the Junior Colleges to the State Government;
(i) "Schedule" means the Schedule appended to this Act;
(j) "State Government" means the Government of Assam in the Education (Secondary) Department;
(k) "valid sanctioned post" means teaching or non-teaching posts of Junior Colleges which have been allotted against each of the [Junior Colleges]
[Substituted 'Junior College' by Assam Act No. 10 of 2017, dated 30.3.2017.]
by the State Government with due approval of the Finance Department.
### 3. Employees to be Government servant.
- Subject to the provisions of Article 30 of the Constitution of India, all existing employees both teaching and non-teaching of the Junior Colleges as specified in the Schedule, shall be deemed to have been provincialised and become employees of the State Government on and from the date on which they were brought under deficit system of grants-in-aid and their services rendered under such deficit system of grants-in-aid shall be counted for the purpose of determination of pensionary benefits:
Provided that the services of the employees appointed after the date of coming the Junior Colleges under deficit system of grants-in-aid, shall be counted with effect from the respective date of their joining in a valid sanctioned post.
### 4. Vesting of Land, Building and other properties.
- The Land, Building and other properties owned or held by Junior Collages coming within the purview of this Act and the services of whose employees are provincialised under section 3 shall vest in the State Government.
### 5. Terms and conditions of service.
(1) Subject to the provisions of this Act and the rules made thereunder, all rules including Service-Rules to be framed under the proviso to Article 309 of the Constitution of India and rules of conduct and discipline which are applicable to Government servant of corresponding ranks, shall be applicable to all employees of Junior Colleges whose services have been provincialised under this Act.
(2) The existing employees whose services are provincialised under this Act shall continue to receive their respective existing scale of pay and other allowances etc. as admissible to them under the relevant rules and order of the State Government.
(3) The services of all employees shall be encadred in appropriate cadre in accordance with the Service Rules as may be framed by the State Government for this purpose.
(4) The inter-se-seniority of the employees of a cadre or class shall be determined [Junior Colleges]
[Substituted 'Junior College' by Assam Act No. 10 of 2017, dated 30.3.2017.]
-wise on the basis of the Service Rules as may be framed by the State Government.
(5) Recruitment and other conditions of service of the employees shall be governed by the Service Rules as may be made by the State Government.
### 6. Superannuation and Pension etc.
(1) Notwithstanding anything contained in the preceding sections, all employees of a [Junior Colleges]
[Substituted 'Junior College' by Assam Act No. 10 of 2017, dated 30.3.2017.]
coming within the purview of this Act, shall go on superannuation on attaining the age of sixty years.
(2) All employees who have been duly appointed by the competent Appointing Authority against valid sanctioned post prior to 01.01.2005 in the [Junior Colleges]
[Substituted 'Junior College' by Assam Act No. 10 of 2017, dated 30.3.2017.]
brought under the deficit-system of grants-in-aid, shall be entitled to pension and other pensionary benefits under the Assam Service (Pension) Rules, 1969.
(3) The employees appointed or coming under deficit system of grants-in-aid on or after 01.01.2005 shall not be entitled to pension and other pensionary benefits under Assam Service (Pension) Rules, 1969, but shall be covered under the New Contributory Pension Scheme introduced by the State Government.
(4) The services of the employees under sub-section (2) shall be counted towards pension and pensionary benefits with effect from the date on which the [Junior Colleges]
[Substituted 'Junior College' by Assam Act No. 10 of 2017, dated 30.3.2017.]
was brought under the deficit system, of grants-in-aid:
Provided that the services of the employees appointed after the date of coming the Junior Colleges under the deficit system of grants-in-aid shall be counted with effect from the respective date of their joining in a valid sanctioned post.
(5) The employees who retired or died, as the case may be, prior to the date of coming in to force of this Act but appointed against a valid sanctioned vacant post before 01.01.2005, shall be given only superannuation pension or the family pension, as the case May be, as may be applicable under the existing Pension Rules of the State Government and they shall not be entitled to any other pensionary benefits.
### 7. Management of Junior Collages.
(1) With effect from the date of coming into force of this Act, the administration, management and control of all the Junior Colleges coming within the purview of this Act, shall vest in the State Government.
(2) There shall be a Governing Body for each [Junior Colleges]
[Substituted 'Junior College' by Assam Act No. 10 of 2017, dated 30.3.2017.]
to be constituted in such manner and following such procedures, consisting of such number of members possessing such qualification as may be prescribed.
Provided that the existing Governing Bodies of the Junior Colleges which are now under the deficit system of grants-in-aid would continue to function till the time these are reconstituted under the rules and shall exercise the powers and perform the functions till they are replaced by a Governing Body duly constituted under the rules prescribed :
Provided further that the power of Governing Body shall not include power to appoint or engage any staff, teaching or non-teaching, or to allow the engagement without a post duly sanctioned by the. State Government unless the power to engage or make an appointment is explicitly delegated by the State Government or unless regular rules relating to recruitment are framed by the State Government.
(3) The employees, whose services have been provincialised, shall be accountable and remain subject to the disciplinary control of the Appointing Authority.
(4) Subject to overall control and supervision of Governing. Body, all employees, whose services have been provincialised under this Act, (4) shall render their services under the control and supervision of the Appointing Authority.
### 8. Power of interpretation and removal of difficulties.
(1) If any difficulty arises in interpretation of any provisions of this Act the interpretation of the State Government shall be final.
(2) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with the provisions of this Act, which appear to be necessary or expedient for this purpose of removing the difficulty.
### 9. Delegation of Powers.
(1) The State Government may, by an order, delegate all its powers except the powers conferred under sections 9 and 10 of this Act t the -Director or to an InspeCtor of Schools or any other authorities as may be specified therein.
(2) The Officer or Authority to whom the powers are delegated under sub-section (1), shall exercise the same subject to overall superVision and control of the State Government and subject to such limitation as may be specified by the State Government.
### 10. Suits and Proceedings.
- No suit, prosecution or other legal proceeding shall lie for anything in good faith done under this Act, except with the previous sanction of the State Government.
### 11. Power to make rules.
(1) The State Government may, by notification published in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
(i) prescribing the duties and responsibility of all employees whose services have been provincialised under this Act ;
(ii) preparation and maintenance of service records of the employees whose services have been provincialised;
(iii) for management of the Junior Colleges;
(iv) specifying the constitution, composition, powers, duties and responsibility of the Governing Body of Junior Colleges.
(3) Every rule made under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen 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 Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agrees that the rule should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Schedule
----------
[See section 3)
List of 53 Junior Colleges Provided used under this Act
| | | | |
| --- | --- | --- | --- |
|
Sl. No.
|
Name of[Junior Colleges]
[Substituted 'Junior College' by Assam Act No. 10 of 2017, dated 30.3.2017.]
provincialised
|
Location and District
|
Date of coming under Deficit system of
Grants-in-aid
|
|
1
|
2
|
3
|
4
|
|
1
|
Harnidabad College(Jr) |
Jamadarhat, Dist. Dhubri
|
01.02.2001
|
|
2
|
Sri Sri Bishnudev Janajati College(R) |
Behlala, Dist.Jorhat
|
01.02.2001
|
|
3
|
Pathsala Mahavidyalaya. (Jr) |
Pathsala, Dist. Barpeta
|
01.02.2001
|
|
4
|
Dhakuakhana Commerce College (Jr) |
Dhakuakhana, Dist. Dhemaji
|
01.02.2001
|
|
5
|
.Pitambardev Goswami College (jr.)
|
Garrnur, Dist. Jorhat
|
01.02.2001
|
|
6
|
Chatia college (Jr.)
|
Sootia, Dist. Sonitpur
|
01.02.2001
|
|
7
|
Bonbhag College (Jr) .
|
Ghagrapar, Dist. Nalbari
|
01.02.2001
|
|
8
|
Dhemaji Girls College (Jr) .
|
Dhemaji, Dist, Dhemaji
|
01.02.2001
|
|
9
|
Baligaon sumbori bora College (Jr.)
|
Korokatoli, Dist. Jorhat
|
01.02.2001
|
|
10
|
Namani Majuli College (Jr.)
|
Karatipar, Dist. Jorhat
|
01.02.2001
|
|
11
|
Ananda Ch Agarwala College-
|
Helem Dist .Sonitpur
|
01.02.2001
|
|
12
|
Dakhin Nalbari College (Jr.)
|
Agnisala Satra, Dist. Nalbari
|
01.02.2001
|
|
13
|
Nowboicha College (Jr.)
|
Doolahat, Dist. Lakhimpur
|
01.02.2001
|
|
14
|
Dhamdhama College (Jr.)
|
Niz-Dhamdhama,-Dist. Nalbari
|
01.02.2001
|
|
15
|
Hatidhara College (Jr.)
|
Srinagar, Dist. Kokrajhar
|
01.02.2001
|
|
16
|
Katahguri College (Jr.)
|
Tuktuki, Dist. Nagaon
|
01.02.2001
|
|
17
|
Rangsinga College (Jr.)
|
Dankamokan, Dist. Karbi Anglong
|
01.02.2001
|
|
18
|
Galeky College (Jr.)'
|
Galeky, Dist. Sibsagar
|
01.02.2001
|
|
19
|
Bamundi College (Jr.)
|
Baniundi, Dist. Kamrup
|
01.02.2001
|
|
20
|
Bordoloni College (Jr.)
|
Missamara, Dist. Dhemaji
|
01.02.2001
|
|
21
|
Behali College (Jr.)
|
Bargang, Dist. Sonitpur
|
01.02.2001
|
|
22
|
Uttar Kampith Mahavidyalaya (Jr) |
Jagara. Dist .Nalbari
|
01.02.2001
|
|
23
|
Salbari College (Jr.)
|
Salbari. 1)ist .Baksa
|
01.02.2001
|
|
24
|
Kalaguru Bishnu Rabha College(Jr.)
|
Orang, Dist. Udalguri
|
01.02.2001
|
|
25
|
Janapriya Collegc(Jr.)
|
Garaimari, Dist. Barpeta
|
01.02.2001
|
|
26
|
Tamulpur College (Jr) |
Tamulpur, Dist. Baksa
|
01.02.2001
|
|
27
|
Kherajkhat College (Jr.)
|
Bhogpur Chariali, Dist. Lakhimpur
|
01.02.2001
|
|
28
|
Pachim Borigog Anchalik College (Jr) |
Baranghati, Dist. Kamrup
|
01.02.2001
|
|
29
|
Gyanpeeth College (Jr.)
|
Nakachi, Dist. Baksa
|
01.02.2001
|
|
30
|
Ghana Kanta Bora College (Jr) |
Tamulichiga, Dist. Jorhat
|
01.02.2001
|
|
31
|
Madhya Bajali College (Jr.)
|
Nityananda, Dist. Barpeta
|
01.02.2001
|
|
32
|
Asamjyoti College (Jr.)
|
Sirajuli, Dist. Udalguri
|
01.02.2001
|
|
33
|
Burhinagar College (Jr.)
|
Mahaliapara, Dist. Darrang
|
01.02.2001
|
|
34
|
Kalaigaon College(Jr.)
|
Kalaigaon, Dist. Udalguri
|
01.02.2001
|
|
35
|
Swahid Smriti College (Jr.)
|
Belsor, Dist. Nalbari
|
01.02.2001
|
|
36
|
Swahid Sowarani College(Jr.)
|
Rampur, Dist. Nalbari
|
01.02.2001
|
|
37
|
Duni College(Jr.)
|
Duni, Dist. Darrang
|
01.02.2001
|
|
38
|
Sarbodaya College (Jr.)
|
Malawpathar, Dist. Jorhat
|
01.02.2001
|
|
39
|
Patsaka College(Jr.)
|
Patsaku, Dist. Sibsagar
|
01.02.2001
|
|
40
|
Bezera Anchalik College(Jr.)
|
Bezera, Dist. Karnrup
|
01.02.2001
|
|
41
|
Melamara College(Jr.)
|
Melamara, Dist. Golaghat
|
01.0.2001
|
|
42
|
Tamulpur Commerce College(Jr.)
|
Tamulpur, Dist. Baksa
|
01.02.2001
|
|
43
|
Barkbetri College(Jr.)
|
Mukalmua, Dist. Nalbari
|
01.02.2001
|
|
44
|
Madhya Kampith. College(Jr.)
|
Pub-Borka, Dist. Kamrup
|
01.02.2001
|
|
45
|
Brahmaputra College (Jr.)
|
Bakulguri, Dist. Lakhimpur
|
01.02.2001
|
|
46
|
Pub Nalbari College (Jr.)
|
Sondha, Dist, Nalbari
|
01.02.2001
|
|
47
|
Machkhowa College (Jr) |
Machkhowa, Dist. Dhemaji
|
01.02.2001
|
|
48
|
Barpathar Collcgc(Jr) .
|
Barpathar, Dist. Golaghat
|
01.02.2001
|
|
49
|
Baska College(Jr) .
|
Baska, Dist. Baksa
|
29.11.2010
|
|
50
|
Sarbeswar Das College(Jr) .
|
Tihu, Dist. Nalbari
|
29.11.2010
|
|
51
|
Laluk College(Jr) .
|
Laluk, Dist. Lakhimpur
|
29.11.2010
|
|
52
|
Deomornoi College(Jr) .
|
Deomornoi, Dist. Darrang
|
29.11.2010
|
|
53
|
Kampith College(Jr) :
|
Kaithalkuchi, Dist. Nalbari
|
29.11.2010
|
|
65b9c415ab84c7eca86e9e9c | acts |
State of Madhya Pradesh - Act
-------------------------------
Madhya Pradesh Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2019
--------------------------------------------------------------------------------------------------------------
MADHYA PRADESH
India
Madhya Pradesh Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2019
==============================================================================================================
Act 6 of 2019
---------------
* Published on 13 March 2019
* Commenced on 13 March 2019
Madhya Pradesh Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2019
(No. 6 of 2019)
Last Updated 14th February, 2020
(Received the of the Governor on the 13th March, 2019; assent first published in the "Madhya Pradesh Gazettee (Extra-ordinary)", dated the 15th March, 2019.)
An Act to provide for, as a good governance measure, efficient, transparent and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred entirely from the Consolidated Fund of the State, to the individuals residing in the State of Madhya Pradesh using Aadhaar as a sole identifier, and for matters connected therewith or incidental thereto.
Be it enacted by the Madhya Pradesh Legislature in the Seventieth year of the Republic of India as follows: -
### 1. Short title, extent and commencement.
(1) This Act may be called the Madhya Pradesh Aadhaar (Targeted Delivery of Financial Other Subsidies, Benefits and Services) Act, 2019.
(2) It extends to the whole of the State of Madhya Pradesh.
(3) It shall come into force on the date of its publication in the Madhya Pradesh Gazette.
### 2. Definitions.
(1) In this Act, unless the context otherwise requires,-
(a) "Aadhaar number" means an Identification number issued to an individual under section 3 of the Central Act;
(b) "agency of the State Government" means any authority or body established or constituted by any Central Act or State Act in the State of Madhya Pradesh including the local bodies, and any other body owned and controlled by the State Government and includes the bodies whose composition and administration are predominantly controlled by the State Government;
(c) "authentication" means the process by which the Aadhaar number along with demographic information and biometric information of an individual is submitted to the Central Identities Data Repository for its verification and such Repository verifies the correctness, or the lack thereof, on the basis of information available with it;
(d) "benefit" means any advantage, gift, reward, relief or payment, in cash or kind, provided to an individual or group of individuals and includes such other benefits as may be notified by the State Government, from time to time;
(e) "biometric information" means photograph, finger print, iris scan, or such other biological attributes of an individual specified by the Central Act;
(f) "Central Act" means the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (No. 18 of 2016);
(g) "Central Identities Data Repository" means a centralized database in one or more locations containing all Aadhaar number issued to Aadhaar number holders along with the corresponding demographic information and biometric information of such individuals and other information related thereto.
(h) "Consolidated Fund of State" means a Consolidated Fund of the State of Madhya Pradesh;
(i) "demographic information" includes information relating to the name, date of birth, address and other relevant information of an individual as per the provisions of Central Act, but shall not include race, religion, caste, tribe, ethnicity, language, records of entitlement, income and medical history;
(j) "enrollment" means the process to collect demographic and biometric information from individuals by the enrolling agencies for the purpose of issuing Aadhaar number to individual as' provided under the Central Act;
(k) "Government" or "State Government" means the Government of Madhya Pradesh;
(l) "prescribed" means prescribed by rules made under this Act;
(m) "service" means any provision, facility, utility or any other assistance provided in any form to an individual or a group of individual and includes such other services as may be notified by the State Government;
(n) "subsidy" means any form of aid, support, grant, subvention or appropriation, in cash or kind, to an individual or a group of individuals and includes such other subsidies as may be notified by the State Government, from time to time.
(2) Words and expressions used in this Act but not defined hereinabove shall have the same meanings as respectively assigned to them under the Central Act.
### 3. Proof of Aadhaar Number necessary for receipt of certain subsidies, benefits and service etc.
- The State Government or, as the case may be, any agency of the Government may, for the purpose or establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred entirely by way of withdrawal from, or the receipt there from forms part of the Consolidated Fund of the State, or any fund set up by any agency of the State Government, required that such individual undergo authentication, or furnish proof of possession of Aadhaar number or, in the case of an individual to whom no Aadhaar number has been assigned, such individual makes an application for enrollment:
Provided that till such time an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service.
### 4. Notifying schemes by State Government.
- The State Government shall, from time to time notify the list of schemes, subsidies, benefits or services for which such authentication or proof is required as per section 3.
### 5. Application of Chapter III and VI of Central Act.
- The provision of Chapter III and Chapter VI of the Central Act shall mutatis mutandis apply to authentication under this Act.
### 6. Previsions of this Act to be in addition to and not in derogation of other laws.
- The provisions of this Act are in addition to and not in derogration of any other law for the time being in force.
### 7. Protection of action taken in good faith.
- No Suit, prosecution or other legal proceeding shall lie against the State Government or any officer or other employees of the State Government for anything which is in good faith done or intended to be done under this Act or rules made thereunder.
### 8. Power to make rules.
- The State Government may by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) specifying manner of use Aadhaar number for the purposes of providing or availing of various subsidies, benefits, services and other purposes for which Aadhaar number may be used;
(b) any other matter which is required to be, or may be specified, or in respect of which provision is to be made by rules.
(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the State Legislative Assembly.
### 9. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the State 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 the 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 the State Legislative Assembly.
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65ba12d8ab84c7eca86ea967 | acts |
Bombay Presidency - Act
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The Bombay Provincial Municipal Corporations Act, 1949
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BOMBAY PRESIDENCY
India
The Bombay Provincial Municipal Corporations Act, 1949
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Act 59 of 1949
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* Published in Gazette of India on 29 December 1949
* Not commenced
For Statement of Objects and Reasons, See Bombay Government Gazette, 1949, Part V, page 597.
This Act shall be deemed to have come into force on the 20th day of November, 1951 [vide Section 1(2) of Bombay 10 of 1953],
Please see sections 13 and 14 of Gujarat 5 of 1970.
For transitory provision please see section 4 of Gujarat 1 of 1978.
Please see section 4 of Gujarat 13 of 1980 (w.r.e.f. 29-04-1980).
Please see section 4 of Gujarat 1 of 1981 (w.r.e.f. 27-10-1980).
For consequences on inclusion of certain areas in the City of Ahmedabad and for validation of recovery of taxes by Municipal Corporation of the City of Ahmedabad in the included area See Gujarat 19 of 1986, sections 4 and 5 (w.r.e.f. 09-04-1986) respectively.
Validation of levy and collection of property taxes and charges please see. section 11 of Gujarat 2 of 2007 (w.r.e.f 9-3-1999).
An Act to provide for the establishment of Municipal Corporations for certain cities in the Province of Bombay
Whereas it is expedient to provide for the establishment of municipal corporations in [the City of Ahmedabad] and certain other cities with a view to ensure a better municipal government of the said cities; It is hereby enacted as follows:-
Chapter I
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Preliminary
### 1. Short title, extent and commencement. - (1) This Act may be called the Bombay Provincial Municipal Corporation Act, 1949.
[(2) It extends to the whole of the State of Gujarat.]
(3) This section shall come into operation at once. The remaining provisions of the Act shall come into operation in the City of Ahmedabad and [such other cities] on such dates as the State Government may by notification in the Official Gazette, specify in respect of each city, On the respective dates the said provisions shall apply to places outside the said cities in the manner, to the extent and for the purposes expressly provided therein.
### 2. Definitions. - In this Act, unless be something repugnant in the subject or context,-
[(1A) "annual letting value" means.,-
(i) in relation to any period prior to 1st April, 1970, the annual rent for which any building or land or premises, exclusive of furniture or machinery contained or situate therein or thereon, might, if the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay LVII of 1947), were not in force, reasonably be expected to let from year to year with reference to its use;
(ii) in relation to any other period, the annual rent for which any building or land or premises, exclusive of furniture or machinery contained or situate therein or thereon, might reasonably be expected to let from year to year with reference to its use;
and shall include all payments made or agreed to be made to the owner by a person (other than the owner) occupying the building or land or premises on account of occupation, taxes, insurance or other charges incidental thereto:
Provided that, for the purpose of sub-clause (ii) ,-
(a) in respect of any building or land or premises the standard rent of which has been fixed under section 11 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay LVII of 1947), the annual Rent thereof shall not exceed the annual amount of the standard rent so fixed;
[(aa) in respect of any building or land or premises, the standard rent of which is not fixed under section 11 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, (Bombay LVII of 1947), the annual rent received by the owner in respect of such building or land or premises shall, notwithstanding anything contained in any other law for the time being in force, be deemed to be the annual rent for which such building or land or premises might reasonably be expected to let from year to year with reference to its use;
(aaa) clause (aa) shall not apply to a case where the annual rent received by the owner in respect of such building or land or premises is in the opinion of the Commissioner less than the annual rent for which such building or land or premises might, notwithstanding anything contained in any other law for the time being in force, reasonably be expected to let from year to year with reference to its use;]
(b) in the case of any land of a class not ordinarily let the annual rent of which cannot in the opinion of the Commissioner be easily estimated, the annual rent shall be deemed to be six per cent, of the estimated market value of the land at the time of assessment;
(c) in the case of any building of a class not ordinarily let, or in the case of any industrial or other premises of a class not ordinarily let, or in the case of a class of such premises the building or buildings in which are not ordinarily let, if the annual rent thereof cannot in the opinion of the Commissioner be easily estimated, the annual rent shall be deemed to be six per cent, of the total of the estimated market value, at the time of the assessment, of the land on which such building or buildings stand or, as the case may be, of the land which is comprised in such premises, and the estimated cost, at the time of the assessment, of erecting the building or, as the case may be, the building or buildings comprised in such premises;]
(1) "Appendix" means an Appendix to this Act;
(2) "appointed day" means with reference to any local area the day on which such area is constituted the City of Ahmedabad, [\*\*\*] or any other city, as the case may be, under section 3;
[(2A) "approved co-operative bank" means such co-operative bank registered or deemed to be registered under the [Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925)], as may be approved by the State Government by general or special order;]
(3) "bakery or bake-house" means any place in which bread, biscuits or confectionery are baked, cooked or prepared in any manner whatsoever for the purposes of sale or profit;
(4) "budget grant" means the total sum entered on the expenditure side of a budget estimate under a major head as prescribed by rules and adopted by the corporation, and includes any sum by which such budget grant may be increased or reduced by a transfer from or to other heads in accordance with the provisions of this Act and rules;
(5) "building" includes a house, out-house, stable, shed, hut and other enclosure or structure whether of masonry, bricks, wood, mud, metal or any other material whatever whether used as a human dwelling or otherwise, and also includes verandahs, fixed platforms, plinths, doorsteps, walls including compound walls and fencing and the like;
(6) "bye-law" means a bye-law made under Section 458;
[(6A) "carpet area" means the floor area of a building excluding the area over which a wall whether outer or inner is erected;]
(7) "cesspool" includes s settlement tank or other tank for the reception or disposal of foul matter from buildings;
[(7A) "chawl" means a building consisting of two or more tenements whether having common sanitary and other facilities or not and declared as such by the Commissioner by notification in the Official Gazette;]
[(8) "the City" means the larger urban area as specified under sub-clause (2) of article 243-Q of the Constitution of India and includes other local areas already declared to be a City prior to the commencement of the Bombay Provincial Municipal Corporations (Gujarat Second Amendment) Act, 1993;]
[(8A) "Civil Appellate Court" means in the case of the City of Ahmedabad the High Court and in the case of any other City, the District Court having jurisdiction in the District in which the City is situate;]
(9) "the Commissioner" means the Municipal Commissioner for the City appointed under section 36 and includes an Acting Commissioner appointed under section 39;
(10) "the Corporation" means the Municipal Corporation of the City;
(11) "Councillor" means a person who is duly elected as a member of the Corporation under this Act;
[(11A) "Criminal Appellate Court" means in the case of the City of Ahmedabad the High Court and in the case of any other City, the Sessions Court having jurisdiction in the Sessions Division in which the City is situate;]
(12) "cubical contents" when used with reference to the measurement of a building means the space contained within the external surfaces of its walls and roof and the upper surface of the floor of its lowest storey or where the building consists of one storey only, the upper surface of its floor;
(13) "dairy" includes any farm, cattle-shed, milk store, milk shop, or other place from which milk is supplied for sale or in which milk is kept for the purposes of sale or manufactured for into butter, ghee, cheese, curds or dried or condensed milk for sale and in the case of a dairyman who does not occupy only place for the sale of milk, includes the place where he keeps the vessels used by him for the sale of milk but does not include a shop or other place in which milk is sold for consumption on the premises only;'
(14) "dairyman" includes the keeper of a cow, buffalo, goat, ass or other animal the milk of which is offered or intended to be offered for sale for human consumption, and any surveyor of milk and any occupier of a dairy;
(15) "dairy produce" includes milk, butter, ghee, curd, butter milk, cream, cheese and every product of milk;
(16) "dangerous disease" means cholera, plague, small-pox or any other epidemic or infectious disease by which the life of human beings is endangered and which the Corporation may from time to time by public notice declare to be a dangerous disease;
(17) "drain" includes a sewer, tunnel, pipe, ditch, gutter or channel and any cistern, flush-tank, septic tank or other device for carrying off or treating [sewage, trade effluent], offensive matter, polluted water, sullage, waste water, rain water, or sub-soil water and any culvert, ventilation shaft or pipe or other appliance or fitting connected therewith, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing [sewage, trade effluent] or offensive matter from any place;
(18) "eating house" means any premises to which the public or any section of the public are admitted and where any kind of flood is prepared or supplied for consumption on the premises or elsewhere for the profit or gain of any person owning or having an interest in or managing such premises;
[(18A) "election" means and includes entire election process commencing from the delimitation of constituencies to be known as wards and all stages culminating into election of a councillor and it is always deemed to have meant and included entire election process as aforesaid;]
(19) "essential services" means services in which any municipal officer, servant or other person is employed by or on behalf of the Corporation and which are specified in the rules;
(20) "factory" means a factory as defined in the Factories Act, 1948 (LXIII of 1948);
(21) "filth" includes sewage, nightsoil and all offensive matter;
[(21A) "Finance Commissioner" means the Finance Commission constituted under article 243-1 of the Constitution of India;]
(22) "food" includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food, and also includes confectionery, flavouring and colouring matter and spices and condiments;
(23) "form" means a form appended to be the rules;
(24) "frame building" means a building the external walls of which are constructed of timber framing or iron framing, and the stability of which depends on such framing.
(25) "goods" includes animals;
[(25A) "hotel" includes an eating house or any premises where the public or any section of the public are supplied for consumption meals, drinks or any eatables on payment of price;]
(26) "house-drain" means any drain of, and used for the drainage of, one or more buildings or premises and made merely for the purpose of communicating therefrom with a municipal drain;
(27) "house-gully" or "service passage" means a passage or strip of land constructed, set apart or utilised for the purpose of serving as a drain or of affording access to a privy, urinal, cesspool or other receptacle of filthy or polluted matter, to municipal servants or to persons employed in the cleansing thereof or in the removal of such matter therefrom;
(28) "hut" means any building which is constructed principally of wood, mud, leaves, grass, cloth or thatch and includes any temporary structure of whatever size or any small building of whatever material made which the Corporation may declare to be a hut for the purposes of this Act;
[28A) "industrial premises" means premises including the precincts thereof in any part of which a manufacturing process is being carried on or is ordinarily carried on.
Explanation. -"manufacturing process" includes producing, making, extracting, altering, ornamenting, furnishing or otherwise processing, treating or adapting any goods;]
(29) "the Judge" means [[in the City of Ahmedabad] the Chief Judge of the Court of Small Causes or such other Judge of the Court as the Chief Judge may appoint in this behalf] and in any other City the Civil Judge (Senior Division) having jurisdiction in the City;
(30) "land" includes land which is being built upon or is built upon or covered with water, benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street;
(31) "licensed plumber" , "licensed surveyor", "licensed architect", licensed engineer", "licensed structural designer" and "licensed clerk of works" respectively means a person licensed by the Corporation as a plumber, surveyor, architect, engineer, structural designer or a clerk of works under this Act;
(32) "lodging house" means a building or part of a building where lodging with or without board or other service is provided for a monetary consideration;
(33) "market" includes any place where persons assembly for the sale of, or for the purpose of exposing for sale, live-stock or food for live-stock or meat, fish, fruit, vegetables, animals intended for human food or any other articles of human food whatsoever with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the place or any other person;
(34) "masonry building" means any building other than a frame building or a hut and includes any structure a substantial part of which is made of masonry or of steel, iron or other metal;
(34A) "Metropolitan area" means an area as specified under clause (c) of article 243 P of the Constitution of India;
[(34B)
"Municipal area" means the territorial area of a Corporation as referred to in clause (d) of article 243 P of the Constitution of India].
(35) "municipal drain" means a drain vested in the Corporation;
(36) "municipal market" means a market vested in or managed by the Corporation;
(37) "municipal slaughter house" means a slaughter house vested in or managed by the Corporation;
(38) "municipal tax" means any impost levied under the provisions of this Act;
(39) "municipal water-works" means water-works belonging to or vesting in the Corporation;
(40) "nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property;
(41) "occupier" includes,-
(a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable,
(b) an owner living in or otherwise using his land or building,
(c) a rent-free tenant;
(d) a licensee in occupation of any land or building, and
(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
(42) [\*\*\*]
(43) "offensive matter" includes animal carcasses, dung, dirt and putrid or putrifying substances other than sewage;
(44) "official year" means the year commencing on the first day of April;
(45) "owner" means,-
(a) when used with reference to any premises, the person who receives the rent of the said premises, or who would be entitled to receive the rent thereof if the premises were let and includes-
(i) an agent or trustee who receives such rent on account of the owner.
(ii) an agent or trustee who receives the rent of, or is entrusted with or concerned for, any premises devoted to religious or charitable purposes,
(iii) a receiver, sequestrator or manager appointed by any Court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of, the said premises, and
(iv) a mortgagee-in-possession, and
(b) when used with reference to any animal, vehicle or boat includes the person for the time being in charge of the animal, vehicle or boat;
[(45A) "Population" in relation to City means the population as ascertained at the last preceding census of which the relevant figures have been published;]
(46) "premises" includes mess usages, building and lands of any tenure whether open or enclosed, whether built on or not and whether public or private;
[(46A) "private drain" means a drain which is not a municipal drain;]
(47) "private street" means a street which is not a public street;
(48) "privy" means a place set apart for defecating or urinating or both, together with the structure comprising such place, the receptacle therein for human excreta and fittings and apparatus, if any, connected therewith, and includes a closet of the dry type, an aqua privy, a latrine and a urinal;
(49) "property tax" means a tax on buildings and lands in the City;
(50) "public place" includes any public park or garden or any ground to which the public have or are permitted to have access;
(51) "public securities" means-
(a) securities of the Central Government or any [State] Government,
(b) securities, stocks, debentures or shares the interest whereon has been guaranteed by the Central or the [State] Government,
(c) debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by any enactment for the time being in force in any part of [the territory of India],
(d) securities expressly authorised by any order which the [State] Government makes in this behalf;
(52) "public street" means any street,-
(a) heretofore levelled, paved, metalled, channelled, sewered or repaired out of municipal or other public fund, or
(b) which under the provisions of section 224 is declared to be, or under any other provision of this Act becomes, a public street;
(53) "rack rent" means the amount of the annual rent for which the premises with reference to which the term is used might reasonably be expected to let from year to year ascertained for the purpose of fixing the rateable value of such premises;
[(54) "rateable value" means the value of any building or land fixed whether with reference to any given premises or otherwise, in accordance with the provisions of this Act and the rules for the purpose of assessment to property taxes;]
(55) "regulation" means a regulation made under section 465;
[(55A) "relevant Small Cause Courts Act;" means in the case of the City of Ahmedabad the Presidency Small Cause Courts Act, 1882 and in the case any other City, the Provincial Small Cause Courts Act, 1887 (XV of 1882, IX of 1887);]
(56) (a)
a person is deemed to "reside" in any dwelling which, or some, portion of which, he sometimes uses, whether interruptedly or not as a sleeping apartment, and (b) a person is not deemed to cease to "reside" in any such dwelling merely because he is absent from it or has elsewhere another dwelling in which he resides if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it;
(57) "rubbish" includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse and refuse of any kind which is not offensive matter or sewage;
(58) "rules" include rules in Schedule and rules made under sections 454 and 456;
(59) "the Schedule" means the Schedule appended this Act;
[(59A) "scheduled bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934; (II of 1934)];
(60) "sewage" means night-soil and other contents of water closets, latrines, privies, urinals, cesspools, or drains and polluted water from sinks, bathrooms, stables cattle-sheds and other like places, and includes trade effluent and discharges from manufactures of all kinds;
(61) "special fund" means a fund constituted under section 91;
(62) "standing order" means an order made under section 466;
[(62A) "State Election Commission" means a State Election Commission referred to in article 243-K of the Constitution of India']
(63) "street" includes any highway, and any causeway, bridge, arch, road, lane, footway, sub-way, court, alley or riding path or passage, whether a thoroughfare or not, over which the public have a right of passage or access or have been passed and had access uninterruptedly for a period of twenty years, and, when there is a footway as well as a carriage way in any street, the said term includes both;
(64) "sweetmeat shop" means any premises or part of any premises used for the manufacture, treatment, or storage for sale, or for the sale, wholesale or retail of any ice-cream, confections or sweetmeats whatsoever, for whomsoever intended, and by whatsoever name the same may be known, and whether the same be for consumption on or outside the premises;
(65) "theatre tax" means a tax on amusements or entertainments;
(66) "trade effluent" means any liquid either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises, means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage;
(67) "trade premises" means any premises used or intended to be use for carrying on any trade or industry;
(68) "trade refuse" means and includes the refuse of any trade, manufacture or business;
(69) "Transport Manager" means the Transport Manager of the Transport Undertaking appointed under section 40 and includes an acting Transport Manager appointed under section 41;
(70) "Transport Undertaking" means all undertakings acquired, organised, constructed, maintained, extended, managed or conducted by the Corporation for the purpose of providing mechanically propelled transport facilities for the conveyance of the public and includes all movable and immovable property and rights vested or vesting in the Corporation for the purposes of every such undertaking;
(71) "vehicle" includes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, motor car, and every wheeled conveyance which is used or is capable of being used on a street;
[(72) "water closet" means a closet used as a privy in which discharges are pushed in or carried off by water, and includes an acqua privy, gas plant, latrine attached with gas plant, a closet of type known as P.R.A.I. (Planning Research Action Institute) type, septic tank type, hand flush type, bore hole type, clap trap type or any other type which the State Government may, by notification in the Official Gazette, specify;]
(73) "water" connection includes-
(a) any tank, cistern, hydrant, stand-pipe, meter or tap situated on a private property and connected with water-main or pipe belonging to the Corporation, and
(b) the water pipe connecting such tank, cistern, hydrant, stand-pipe, meter or tap with such water-main or pipe;
(74) "water-course" includes any river, stream, or channel whether natural or artificial;
(75) "water for domestic purposes" shall not include, water for cattle, or for horses, or for washing vehicles, when the cattle, horses or vehicles are kept for sale or hire, or by a common carrier, and shall not include water for any trade, manufacture or business, or for building purposes, or for watering gardens, or for fountains or for any ornamental or mechanical purposes;
(76) "water-work" includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, whether covered or open, sluice, main-pipe, culvert, engine, water-truck hydrant, stand-pipe, conduit, and machinery, land, building or thing for supplying or used for supplying water or for protecting sources of water supply.
### 3. [Declaration of local areas to be cities for purposes of the Act.] - Deleted by Gujarat 16 of 1993, 3.3
[3A. Consequences on alteration of limits of City. - (1) (a) Where by a notification under [Clause (2) of article 2430 of Constitution of India] any area is included within the limits of a City, all appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms made, issued, imposed or granted under this Act by the Corporation in respect of the City and in force within the City immediately before the area is included in the City, shall, notwithstanding anything contained in this Act or any other law for the time being in force, extend to and be in force in the area so included from the date on which the area is included in the City.
(b) Where there are in force in the area included in a City, and appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules bye-laws or forms immediately before such area is included in the City either corresponding to or inconsistent with the appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms extended and brought into force by clause (a), such appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms shall stand superseded.
(2) Where by a notification under [Clause (2) of article 243Q of Constitution of India] any area is, excluded from the limits of a City, all appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms made, issued, imposed or granted under this Act by the Corporation in respect of the City and in force within its area immediately before the area is excluded from the City shall, notwithstanding anything contained in this Act or any other law for the time being in force, continue to be in force in the area so excluded until they are superseded or modified.
(3) Where by a notification under [Clause (2) of article 243Q of Constitution of India] the limits of any City are altered so as to-
(a) include any area therein, or
(b) exclude any area therefrom.
the State Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by order published in the Official Gazette, provide for all or any of the following matters, namely:-
(i) in a case falling under clause (a), the interim increase in the number of Councillors shall be filled by election of additional members from amongst such persons entitled to vote at such election from such area, as the State Government may determine and the term of such councillor shall be for the remainder of the duration of the Corporation;
[(ii) in a case falling under clause (b), the removal of councillors, who in the opinion of the State Government shall represent the area so excluded from the City.]
(iii) the transfer, in whole or in part, of the assets, rights and liabilities of the surrendering local authority (including the rights and liabilities under any contract made by it) to the absorbing local authority or to the State Government and the terms and conditions for such transfer;
(iv) the substitution of any absorbing local authority for the surrendering local authority or the addition of any such absorbing local authority, as a party to any legal proceeding to which a surrendering local authority is a party and the transfer of any proceeding pending before a surrendering local authority or any authority or officers subordinate to it to the absorbing local authority or any authority or officer subordinate to it;
(v) the transfer or re-employment of any employees of a surrendering local authority to or by the absorbing local authority or the termination of services of any employee of a surrendering local authority, and the terms and conditions applicable to such employee after such transfer or reemployment or termination;
(vi) the continuance within the area so included in, or excluded from, a City under clause (a) or (b) of all or any budget estimates, assessments, assessment list or, as the case may be, assessment book, valuations, measurements or divisions made or authenticated by, or in respect of, the surrendering local authority and in force within its area immediately before the notified day, until they are superseded or modified;
(vii) the removal of any difficulty which may arise on account of any change referred to in clauses (a) and (b).
(4) Where an order is made under sub-section (3) transferring the assets, rights and liabilities of a surrendering local authority, then by virtue of that order, such assets, rights and liabilities of such local authority shall vest in, and be the assets, rights and liabilities of, the absorbing local authority.
(5) The Corporation constituted for the City and functioning immediately before the alteration of the limits of the City shall, subject to the addition or exclusion of members under sub-section (3) and the other provisions of this section continue to function till the expiry of its term under this Act and on such expiry it shall be reconstituted in the manner provided in this Act.
Explanation. - In this section, unless the context otherwise requires,-
(1) "absorbing local authority" means the local authority in the area under whose jurisdiction an area is included under '[clause (2) of article 243Q of Constitution of India];
(2) "local authority" means the Corporation of a City, a municipality for a municipal borough, a nagar panchayat, or, as the case may be, a gram panchayat; and includes, where such Corporation, municipality or panchayat has been superseded or dissolved, the person or persons appointed to exercise the powers or to perform the functions of such Corporation, municipality or panchayat;
(3) "notified day" means the day on which the alteration of the limits of a City [\*\*\*] takes effect;
(4) "surrendering local authority" means the local authority from the area under whose jurisdiction any area is excluded under [clause (2) of article 243Q of Constitution of India];
Explanation II. - For the purposes of clause (2) of Explanation I, the person or committee appointed under section 264B of the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964), for a notified area constituted under section 264A of that Act, shall be deemed to be a municipality and the notified area or an area deemed to be a notified area under section 16 of the Gujarat Industrial Development Act, 1962 (Gujarat XXIII of 1962), shall be deemed to be a municipal borough.]
Chapter II
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Constitution Municipal Authorities
### 4. Municipal authorities charged with execution of the Act. - (1) The municipal authorities charged with carrying out the provisions of this Act are for each City-
(A) a Corporation;
(B) a Standing Committee;
(C) a Municipal Commissioner, and, in the event of the Corporation establishing or acquiring a Transport Undertaking;
(D) a Transport Committee;
(E) a Transport Manager.
(2) The duties imposed on the Corporation in respect of primary education shall be performed in accordance with the provisions of the Bombay Primary Education Act, 1947 (Bom LXI of 1947), and for the purposes of the said Act, the Corporation shall be deemed to be an authorised municipality within the meaning of the said Act with power to control all approved schools within the City, and to appoint an Administrative Officer.
### 5. Constitution of Corporation. - (1) Every Corporation shall, by the name of "The Municipal Corporation of the City of .................. ", be a body corporate and have perpetual succession and a common seal and by such name may sue and be sued.
(2) Each Corporation shall consist of councillors chosen by direct election.
[(3) Where general election is to be held immediately after,-
(i) "a larger urban area" as specified under clause (2) of article 243Q of the Constitution of India, is made or
(ii) the census is taken under the Census Act, 1948 and the relevant figures of which have been published, or
(iii) the limits of a City are altered,-
(a) the State Government shall, by notification in the Official Gazette, determine the number of wards into which the City shall be divided, the number of councillors to be elected to the Corporation and the number of seats to be reserved in favour of the Scheduled Castes, the Schedule Tribes, the Backward Classes and Women as provided in this section, and
(b) the State Election Commission thereafter shall carry out the determination of the boundaries of the wards and the allocation of seats reserved in favour of the Schedule Castes, Scheduled Tribes, the Backward Classes and Women among the wards in the prescribed manner.
(4) Seats shall be reserved by the State Government for the Scheduled Castes and the Scheduled Tribes in every Corporation and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Corporation as the population of the Scheduled Castes and Scheduled
Tribes in City bears to the total population of the City and such seats may be allotted by rotation to different wards in the City in the prescribed manner.
(5) One-third of the total number of seats reserved under sub-section (4) shall be reserved by the State Government for Women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(6) One-tenth of the total number of seats to be filled by direct election in every Corporation shall be reserved for persons belonging to Backward Classes and one third of the seats so reserved for Backward Classes shall be reserved for Women belonging to the Backward Classes.
(7) One-third (including the number of seats reserved for Women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes) of the total number of seats to be filled by direct election in the Corporation shall be reserved for women and such seats may be allotted by rotation to different wards in the City in the prescribed manner.
(8) The reservation of seats under sub-sections (4), (5) and (6) the reservation of office of Mayor under section 19 (other than the reservation for women under sub-section (7) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India:
Provided that any person elected to any of such reserved seats shall continue as a councillor during the term of the office for which he was validly elected, notwithstanding that the reservation of seats has so ceased to have effect.
Explanation: - For the purposes of this section,-
(1) "Scheduled castes" means such castes, races or tribes or parts of, or groups within such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Gujarat under article 341 of the Constitution of India;
(2) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under article 342 of the Constitution of India: and
(3) "Backward Classes" means classes declared as Socially and Educationally Backward Classes by the State Government from time to time.]
### 5A. [Constitution of Corporation Pursuant to general election held first after inclusion of an area in city.] Deleted by Gujarat 16 of 1993, Section 3.
6. Duration of Corporation. - (1) Every Corporation, unless sooner dissolved, shall continue for its meeting and no longer.
[(2) A Corporation constituted upon the dissolution before the expiration of its duration, shall continue only for the remainder of the period for which it would have continued under sub-section 111 had it not been so dissolved.
### 6A. Term of office of councillors. - The term of office of the Councillors shall be coextensive with the duration of the Corporation.
### 6B. Election to constitute the Corporation. - An election to constitute a Corporation shall be completed,-
(a) before the expiration of its duration specified in sub-section (1) of section 6;
(b) before the expiration of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the Corporation for such period.
### 6C. Transitory provision. - (1) Notwithstanding anything contained in section 6B, where the duration of the Corporation has already expired before the commencement of the Bombay Provincial Municipal Corporation (Gujarat Second Amendment) Act, 1993 (Gujarat 16 of 1993) (hereinafter referred to as "the said date") or is due to expire within one year from the said date, the election to constitute such Corporation shall be held in accordance with the provisions of said amended Act and completed within one year from the said date.
(2) Where the duration of existing Corporation expires after one year from the said date, the election to constitute such Corporation shall be completed before the expiry of its duration.]
### 7. Registration of office by councillor. - Any councillor may resign his office at any time by notice in writing to the Commissioner and, on such notice being given, his office shall become vacant as from the date of the notice.
[7A. Provision for appointment of Administrator after expiry of normal term of office of Councillors. - [(1) Where,-
(i) the duration of a Corporation has already expired or is due to expire during the transitory period as referred to in sub-section (1) of section 6C and election to constitute the Corporation could not be completed before the expiry of its duration, or
(ii) due to unforeseen circumstances such as natural calamity, riots, communal disturbances, the election to constitute Corporation could not be completed before the expiry of its duration.
the State Government may, by order published in the Official Gazette appoint a person as an Administrator to manage the affairs of the Corporation during the period from the date specified in the order upto the date immediately preceding the date of the first meeting, after general election.]
(2) During the said period, all the powers and duties of the Municipal authorities (except the Municipal Commissioner and the Transport Manager) charged with carrying out the provisions of this Act and of the Corporation under any other law for the time being in force shall be exercised and performed by the Administrator.
(3) The Administrator may by an order in writing delegate any of the powers and duties to be exercised or performed by him under sub-section (2)? to any officer for the time being serving under the Corporation.
(4) The Administrator shall receive such remuneration from the Municipal Fund as the State Government may from time to time by general or special order determine.]
Qualifications and Disqualifications of Voters and Councillors
8. (1) For every ward, there shall be a list of voters.
(2) The list of voters shall be the same as the electoral roll of the Gujarat Legislative Assembly prepared and revised in accordance with the provisions of the Representation of the People Act, 1950 (43 of 1950), for the time being in force and as revised, modified, updated and published in accordance with the provisions of sub-section (3).
(3) Subject to the superintendence, direction and control of the State Election Commission, the list of voters shall be revised, modified, up-dated and published by such officers as may be designated by the State Election Commission in this behalf in the prescribed manner.
(4) No person shall be entitled to have his name included in the list of voters for more than one ward and for any ward more than once.
[(5) The list of voters for any ward published under sub-section (2) shall remain in operation until a revised list of voters in respect of a Municipal Corporation is so published.]
### 9. Qualification for election as councillor. - (1) Subject to the provisions of this Act, a person who is enrolled in the municipal election roll as a voter for a ward [and has attained the age of twenty one years on the last date fixed for making nomination for election] shall be qualified to be a councillor and to be elected either from such ward or from any other ward.
(2) Any person who ceases to be a councillor shall, if qualified under sub-section (1), be eligible for re-election as such.
### 10. Disqualification for being a councillor. - (1) Subject to the provisions of sections [13 and 404], a person shall be disqualified for being elected and for being a councillor, if such person-
[(a-l) has, been convicted of an offence under the Protection of Civil Rights Act, 1955 (Act 22 of 1955), unless a period of five years has elapsed, since his release from imprisonment;]
(a) has been sentenced by any court to imprisonment or whipping [for an offence under any other law for the time being in force] involving moral turpitude and punishable with imprisonment for a term exceeding six months or to transportation, such sentence not having been subsequently reversed or quashed, or to death, such sentence having been subsequently commuted to transportation or imprisonment:
Provided that, on expiry of such sentence, the disqualification incurred under this clause shall cease:
Provided further that the expiry of such sentence shall not entitle the person to continue as a councillor or to stand for election at any bye-election held during the remainder of the current term of office of the councillors;
(b) is undischarged insolvent;
(c) holds the office of Commissioner of any other office or place of profit under the Corporation;
(d) is a licensed surveyor, architect or engineer, structural designer, clerk of works or plumber or a member of a firm of which any such licensed person is a member;
(e) holds any judicial office with jurisdiction within the limits of the City;
(f) subject to the provisions of sub-section (2), has directly or indirectly by himself or his partner any share or interest in any contract or employment with, by or on behalf of the Corporation;
(g) having been elected a councillor is retained or employed in any professional capacity either personally or in the name of a firm in which he is a partner or with whom he is engaged in a professional capacity in connection with any cause or proceeding in which the Corporation or the Commissioner or the Transport Manager is interested or concerned; or
(h) fails to pay arrears of any kind due to the Corporation by him otherwise than as a trustee, within three months after a special notice in this behalf has been served on him by the Commissioner.]
[(i) is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State:]
[(j) has more than two children;
Provided that a person having more than two children on the date of commencement of the Gujarat Local Authorities Laws (Amendment) Act, 2005 (Gujarat 17 of 2005), (hereinafter in this clause referred to as "the date of such commencement"), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase:
Provided further that a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification under this clause.
Explanation. -For the purpose of this clause,-
(i) where a couple has only one child on or after the date of such commencement, any number of children born out of single subsequent delivery shall be deemed to be one entity;
(ii) `child' does not include an adopted child or children.]
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years.
(2) A person shall not be deemed to have incurred disqualification under clause (f) of sub-section (1) by reason only of his,-
(a) receiving a municipal pension;
(b) having any share or interest in
(i) any lease, sale, exchange or purchase of land or any agreement for the same.
(ii) any agreement for the loan of money or any security for the payment of money only;
(iii) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted;
(iv) any joint stock company or any society, registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925), which shall contract with or be employed by the Commissioner or the Transport Manager on behalf of the Corporation;
(v) the occasional sale to the Commissioner or Transport Manager on behalf of the Corporation of any article in which he regularly trades to a value not exceeding in the aggregate in any one official year two thousand rupee; or
(vi) the occasional letting out on hire to the Corporation or in the hiring from the Corporation of any article for an amount not exceeding in the aggregate in any one official year five hundred rupees;
(c) occupying as a tenant for the purpose of residence any premises belonging to the Corporation; [\*]
(d) receiving conveyance charges as a member of the Transport Committee; [\*]
[(e) being a relative of a person in employment with or under or by or on behalf of the Corporation.]
[(3) A person who at any time during the term of his office is disqualified under the Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Act, 1986 (Gujarat 23 of 1986), for being a councillor shall cease to hold office as such councillor.]
### 11. Disabilities from continuing as councillor. - A councillor shall cease to hold office as such if at any time during his term of office he,-
(a) becomes disqualified for being a councillor by reason of the provisions of section 10;
(b) absents himself during three successive months from the meetings of the Corporation, except from temporary illness or other cause to be approved by the Corporation;
(c) absents himself from [\*\*\*] the meetings of the Corporation during six successive months from any cause whatever, whether approved by the Corporation or not; or
(d) acts as a councillor or as a member of any committee of the Corporation by voting on, or taking part in the discussion of, or asking any question concerning, any matter in which he has directly or indirectly by himself or his partner any such share or interest as is described in clause (b) of subsection (2) of section 10 or in which he is professionally interested on behalf of a client, principal or other person.
### 12. Questions as to disqualification to be determined by the Judge. - (1) If any doubt or dispute arises whether a councillor has ceased to hold office as such under section 11, such councillor or any other councillor may, and at the request of the Corporation, the Commissioner, shall refer the question to the Judge.
(2) On a reference being made to the Judge under sub-section (1), such councillor shall not be deemed to be disqualified until the Judge after holding an inquiry in the manner provided by or under this Act determines that he has ceased to hold office.
### 13. Liability of councillors to removal. - (1) The [State] Government may, on the recommendation of the Corporation supported by the vote not less than three fourths of the whole number of councillors, remove from office with effect from such date as may be specified in the order of removal any councillor elected under this Act, if it is satisfied that such councillor has been guilty of misconduct in the discharge of his duty or of any disgraceful conduct or has become incapable of performing his duties as a councillor:
Provided that, no recommendation shall be made by the Corporation under this section unless the councillor to whom it relates has been given a reasonable opportunity of showing cause why such recommendation should not be made.
(2) A person who has been removed from office under sub-section (1) shall be disqualified for being elected and for being a councillor for a period of five years from the date of his removal, unless the [State] Government relieves him of the disqualification by an order which it is hereby empowered to make.
Election of Councillors
14. Election by State Election Commission. - (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all the elections of the Corporations shall be vested in the State Election Commission.
(2) The State Election Commissioner shall hold the election as per the rules made by the State Government.
[(3) The provision of section 7 of the Bombay General Clauses Act, 1904 (Bombay Of 1904) shall not apply to anything done or suffered under the provision repealed or substituted by the Bombay Provincial Municipal Corporations (Gujarat Second Amendment) Act, 1993 (Gujarat 16 of 1993) (hereinafter referred to as `the said Act");
(4) The State Election Commissioner shall be appointed within two months of the coming into force of the said Act.
(5) The State Government shall when so required by the State Election Commission, make available to it the staff as may be necessary for the discharge of the function conferred it by clause (1) of article 243K of the Constitution of India.
(6) The State Election Commissioner appointed immediately after the commencement of the said Act shall commence the work of delimitation of the constituencies to be known as wards within one month from the date of his appointment as per the last published census figures.
(7) Notwithstanding anything contained in the principal Act or in any decree, order or direction of any court, the election of the Corporation shall be held in accordance with the provisions of the Constitution (Seventy-fourth Amendment) Act, 1992 on Municipalities and the provisions of the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949) as amended by the said Act and the rules made by the State Government in this behalf.]
### 15. Casual vacancies how to be filled. - (1) In the event of non-acceptance of office by a person elected to be a councillor, or of the death, registration, disqualification or removal of a councillor during his term of office, there shall be deemed to be a casual vacancy in the office, and such vacancy shall be filled as soon as conveniently may be, and, in any case, within three months of the date on which it is known that such vacancy has occurred, by the election of a person thereto, who shall hold office so long only as the councillor in whose place he is elected would have been entitled to hold it if the vacancy had not occurred:
Provided that, no election shall be held for the filling of a casual vacancy if general elections are due to be held within six months of the occurrence of the vacancy;
(2) The provisions of section 18 shall apply to an election held for the filling of a casual vacancy.
### 16. Election petitions. - (1) If the qualification of any person declared to be elected a councillor is disputed, or if the validity of any election is questioned, whether by reason of the improper rejection by the Commissioner of a nomination or of the improper rejection or refusal of a vote, or by reason of a material irregularity in the election proceedings corrupt practice, or any other thing materially affecting the result of the election, any person enrolled in the municipal election roll may at any time within ten days after the result of the election has been declared, submit an application to the Judge for the determination of the dispute or question.
(2) The [State] Government may, if it has reason to believe that an election has not been a free election by reason of the large number of cases in which undue influence or bribery has been exercised or committed by order in writing, authorise any officer to make an application to the Judge at any time within one month after the result of the election has been declared for a declaration that the election of the returned candidate or candidates is void.
(3) The Judge shall decide the applications made under sub-section (1) or (2) after holding an inquiry in the manner provided by or under this Act.
Explanations. - For the purposes of this section-
(1) "corrupt practice" means one of the following practices, namely:-
(a) any gift, offer or promise by a candidate or his agent or by any person with the connivance of a candidate or his agent of any gratification, pecuniary or otherwise to any person whomsoever, with the object directly or indirectly of inducing a person to stand or not to stand as, or to withdraw from being, a candidate at an election or a voter to vote or refrain from voting at an election or as a reward to a person for having so stood or not stood or for having withdrawn his candidature or a voter for having voted or refrained from voting;
(b) any direct or indirect interference or attempt to interfere on the part of a candidate or his agent or of any other person with the connivance of the candidate or his agent with the free exercise of any electoral right, including the use of threats of injury of any kind or the creation or attempt to create fear of divine displeasure or spiritual censure, but not including a declaration of public policy or a promise of public action or the mere exercise of a legal right without intent to interfere with a legal right;
(c) the procuring or abetting or attempting to procure by a candidate or his agent or by any other person with the connivance of a candidate or his agent, the application by a person for a voting paper in the name of any other person whether living or dead or in a fictitious name or by a person for a voting paper in his own name when, by reason of the fact that he has already voted in the same or some other ward, he is not entitled to vote;
(d) the removal of a voting paper from the polling station during polling hours by any person with the connivance of a candidate or his agent;
(e) the publication by a candidate or his agent or by any other person with the connivance of the candidate or his agent of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election;
(f) any acts specified in paragraphs (a), (b), (d) and (e) when done by a person who is not a candidate or his agent or a person acting with the connivance of a candidate or his agent;
(g) the application by a person at an election for a voting paper in the name of any other person, whether living or dead, or in a fictitious name, or for a voting paper in his own name when, by reason of the fact that he has already voted in the same or another ward, he is not entitled to vote; or
(h) the receipt of, or agreement to receive, any gratification of the kind described in paragraph (a) as a motive or reward for doing or refraining from doing any of the acts therein specified.
(2) a corrupt practice shall not be deemed to have been committed in the interests of a returned candidate if the Judge is satisfied that it was of a trivial and limited character which did not affect the result of the election, that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, that it was committed without the sanction, or connivance or contrary to the orders of the candidate or his agents, and that the candidate and his agents took all reasonable means for preventing the commission of corrupt practices at the election.
### 17. [Disqualification of voter for corrupt practice.] - Deleted by Gujarat 11 of 1994, section 4.
### 18. Procedure if election fails or is set aside. - (1) If at any general elections or an election held to fill a casual vacancy, no councillor is elected or an insufficient number of councillors are elected or the election of any or all of the councillors is set aside under this Act and there is no other candidate or candidates who can be deemed to be elected in his or their place, [State Election Commissioner] shall appoint another day for holding a fresh election and a fresh election shall be held accordingly.
(2) A councillor elected under this section shall be deemed to have been elected to fill a casual vacancy under section 15.
### 19. Mayor and Deputy Mayor. - (1) The Corporation shall at its first meeting after general elections and at its first meeting [on expiry of succeeding two and half years] elect from amongst the councillors one of its member to be the Mayor.
[\*\*\*]
[(1AA) The Corporation shall, at its first meeting after general elections and at its first meeting on expiry of succeeding two and half years, elect from amongst the councillors one of its members to the Deputy Mayor:
Provided that the term of the existing deputy Mayor who is holding the post as such on the date of commencement of the Gujarat Provincial Municipal Corporations (Amendment) Act, 2017 (Gujarat 5 of 2017) shall be two and half years or till the remainder period of duration of the Corporation, whichever is earlier:
Provided further that the term of the Deputy Mayor, if any, who may be elected after the expiry of the term of the existing Deputy Mayor, shall be till the remainder period of duration of the Corporation.]
[(1A) (a) The office of the Mayor in every Corporation shall be reserved by the State Government for Scheduled Castes, Scheduled Tribes, backward classes and women in the prescribed manner.
(b) The reservation made under clause (a) shall as nearly as may be, in the same proportion as provided in their favour under section 5.]
(2) The Mayor and the Deputy Mayor shall hold office until a new Mayor and a new Deputy Mayor have been elected under sub-section (1) [or sub-section (1AA), as the case may be, ]and, in a year in which general elections have been held, shall do so notwithstanding that they have not been returned as councillors on the results of the elections.
(3) A retiring Mayor or Deputy Mayor shall be eligible for re-election to either office.
[Provided that Mayor shall be eligible for re-election subject to the provisions of subsection (1A).]
(4) The Deputy Mayor may resign his office at any time by notice in writing to the Mayor and the Mayor may resign his office at any time by notice in writing to the Corporation.
(5) If any casual vacancy occurs in the office of Mayor or Deputy Mayor, the Corporation shall, as soon as convenient after the occurrence of the vacancy, choose one of its member to fill the vacancy and every Mayor or Deputy Mayor so elected shall hold office so long only as the person in whose place he is appointed would have been entitled to hold it if the vacancy had not occurred.
[Honoraria, Fees and Allowances]
### 19A. Honoraria, fees or allowances. - (1) With the previous sanction of the State Government, the Corporation may pay each councillor such honoraria, fees or other allowances as may be prescribed by rules made by the Corporation under this section.
(2) The Corporation shall place at the disposal of the Mayor annually, such sum, [\*\*\*] by way of sumptuary allowance as it may determine.
(3) Notwithstanding anything contained in section 10, the receipt by a councillor of any honorarium, fee or allowance as aforesaid shall not disqualify any person for being elected or being a councillor.]
Standing Committee
### 20. Constitution of Standing Committee. - (1) The Standing Committee shall consist of twelve councillors.
(2) The Corporation shall at its first meeting after general elections appoint twelve persons out of its own body to be members of the Standing Committee.
(3) One-half of the members of the Standing Committee shall retire every succeeding year at noon on the first day of the month in which the first meeting of the Corporation mentioned in sub-section (2) was held:
Provided that all the members of the Standing Committee in office when general elections are held shall retire from office on the election of a new Committee under subsection (2) .
(4) The members who shall retire under sub-section (3) one year after their election under sub-section (2) shall be selected by lot at such time previous to the date for retirement specified in sub-section (3) and in such manner as the Chairman of the Standing Committee may determine, and in succeeding years the members who shall retire under this section shall be those who have been longest in office:
Provided that in the case of a member who has been re-appointed, the term of his office for the purposes of this sub-section shall be computed from the date of his reappointment.
(5) The Corporation shall at its meeting held in the month preceding the date of retirement specified in sub-section (3) appoint fresh members of the Standing Committee to fill the offices of those who are due to retire on the said date.
(6) Any councillor who ceases to be a member of the Standing Committee shall be eligible for re-appointment.
### 21. Appointment of Chairman of Standing Committee. - (1) The Standing Committee shall at its first meeting after its appointment under sub-section (2) of section 20 and at its first meeting in the same month in each succeeding year appoint one of its own number to be the Chairman.
(2) The Chairman shall hold office until his successor has been appointed under subsection (1) but shall be eligible for re-appointment.
(3) Notwithstanding the provisions of sub-sections (1) and (2) the Chairman shall vacate office as soon as he ceases to be a member of the Committee.
(4) If any casual vacancy occurs in the office of the Chairman, the Standing Committee shall, as soon as conveniently may be after the occurrence of the vacancy, appoint one of its member to fill such vacancy and every Chairman so appointed shall continue in office so long only as the person in whose place he is appointed would have held it if such vacancy had not occurred.
### 22. Members of Standing Committee absenting himself from meetings to vacate seat. - Any member of the Standing Committee who absents himself during two successive months from The meetings of the Committee, except on account of temporary illness or other cause to be approved by the Committee, or absents himself from, or is unable to attend, the meetings of the Committee during four successive months from any cause whatever, whether approved by the Committee or not shall cease to be a member of the Standing Committee and his seat shall thereupon be vacant.
### 23. Casual vacancies in Standing Committee how to be filled. - In the event of non-acceptance of office by a councillor appointed to be a member of the Standing Committee or of the death or resignation of a member of the said Committee or of his becoming incapable of acting previous to the expiry of his term of office or of his seat becoming vacant under section 22 or on his ceasing to be a councillor, the vacancy shall be filled up, as soon as it conveniently may be, by the appointment of a person thereto, who shall hold office so long only as the member in whose place he is appointed would have been entitled to hold it, if the vacancy had not occurred.
### 24. Standing Committee may delegate powers to Special Committee or Subcommittee. - (1) The Standing Committee may, from time to time, by a resolution carried by the vote of at least two-thirds of its members present at the meeting, delegate to any Special Committee appointed under section 30 any of its powers and duties in respect of any matter with which such Special Committee is competent to deal, or refer to any such Committee any such matter for disposal or report, and every such Special Committee shall conform to any instructions that may from time to time be given to it by the Standing Committee in this behalf:
Provided that, every such resolution shall be reported by the Standing Committee to the Corporation as soon as possible, and the Corporation may at any time cancel such resolution.
(2) The Standing Committee may, subject to the rules, by a specific resolution in this behalf delegate any of its powers and duties to sub-committees consisting of such members of the Standing Committee not less in number than three as the Standing Committee thinks fit and every such sub-committee shall conform to any instructions that may from time to time be given to it by the Standing Committee.
The Transport Committee
### 25. Appointment of Transport Committee. - (1) In the event of the Corporation acquiring or establishing a Transport Undertaking there shall be a Transport Committee consisting of nine members for the purpose of conducting the said undertaking in accordance with the provisions of this Act and subject to the conditions and limitations as are contained therein.
(2) The Corporation shall at its first meeting after a Transport Undertaking is acquired or established, appoint eight members of the Transport Committee from among persons who in the opinion of the Corporation have had experience of, and shown capacity in, administration or transport or in engineering, industrial, commercial, financial or labour matters and who may or may not be councillors.
(3) A person shall be disqualified for being appointed, and for being a member of the Transport Committee if, under the provisions of this Act or any other law for the time being in force, he would be disqualified for being elected as, and for being, a councillor.
(4) The Chairman of the Standing Committee shall be a member of the Transport Committee, ex-officio.
(5) One-half of the members of the Transport Committee appointed by the Corporation shall retire in every second year on the first day of the month in which the meeting referred to in sub-section (2) was held.
(6) The members who shall retire two years after their appointment under subsection (2) shall be selected by lot at such time previous to the first day of the month immediately preceding the date of their retirement and in such manner as the Chairman of the Transport Committee shall determine; thereafter the members of the Transport Committee who shall retire shall be the members who were longest in office:
Provided that, in the case of a member who has been re-appointed, the term of his office for the purpose of this sub-section shall be computed from the date of his reappointment.
(7) Vacancies caused by the retirement of members under sub-section (5) shall be filled by the appointment by the Corporation of duly qualified persons thereto at its ordinary meeting in the month immediately preceding the occurrence of the vacancies:
Provided that, in a year in which general elections of councillors are held, such vacancies shall be filled by the Corporation at its first meeting after such elections if such meetings is due to be held within three months of the occurrence of the vacancies and, in such event, the members who would under sub-section (5) have retired on the date specified therein shall continue to be in office until new members have been appointed under this sub-section.
(8) A retiring member shall be eligible for re-appointment.
(9) In the event of non-acceptance of office by any person appointed to be a member of the Transport Committee or of the death, resignation or disqualification of a member of the Committee or of his becoming incapable of acting, or of his office becoming vacant under the provisions of section 26, the vacancy shall be filled up, as soon as conveniently may be, by the appointment by the Corporation of a duly qualified person thereto, and such person shall hold office so long only as the person in whose place he is appointed would have held it if the vacancy had not occurred.
### 26. Disqualification of members of Transport Committee. - (1) Any person who, having been appointed a member of the Transport Committee,-
(a) become disqualified for being a member of the Committee under the provisions of sub-section (3) of section 25, or
(b) acts as a member of the Committee by voting or taking part in the discussion of or asking any question concerning any matter in which he has directly or indirectly, by himself or his partner, any such share or interest as is described in clause (b) of sub-section (2) of section 10 or in which he is professionally interested on behalf of a client, principal or other person, or
(c) absents himself during two successive months from the meetings of the Committee except from temporary illness or other cause to be approved by the Committee, or
(d) absents himself from or is unable to attend the meetings of the Committee during four successive months from any cause whatsoever, whether approved by the Committee or not, shall cease to be a member of the Committee and his office shall thereupon become vacant.
(2) If any doubt or dispute arises whether a vacancy has occurred under sub-section (1), the Commissioner shall, at the request of the Corporation, refer the question to the Judge.
### 27. Chairman of Transport Committee. - (1) The Transport Committee shall at its first meeting after its appointment under sub-section (2) of section 25 and at its first meeting in the same month in each succeeding year appoint one of its member to be the Chairman.
(2) The Chairman shall hold office until his successor has been appointed under subsection (1) but shall be eligible for re-appointment.
(3) Notwithstanding the provisions of sub-sections (1) and (2), the Chairman shall vacate office as soon as he ceases to be a member of the Committee.
(4) In the event of the office, of Chairman falling vacant previous to the expiry of his term the Committee shall, as soon as conveniently may be after the occurrence of the vacancy, appoint one of its member to fill such vacancy and the Chairman so appointed shall hold office so long only as the person in whose place he is appointed would have held it if such vacancy had not occurred.
### 28. Conveyance charges for attendance at meetings of Transport Committee. - The Chairman and members of the Transport Committee shall be paid such conveyance charges for attending meeting of the Committee as may be prescribed by rules.
### 29. Sub-committees of Transport Committee. - (1) The Transport Committee may from time to time appoint out of its own body sub-committees consisting of such number of persons as the Committee thinks fit.
(2) The Committee may by specific resolution carried by the vote of at least two-thirds of its member present at the meeting delegate any of its powers and duties to a subcommittee and may also by a like resolution define the sphere of business of such subcommittee.
(3) The Committee may refer to a sub-committee appointed under sub-section (1) for inquiry and report or for opinion on any matter with which the Committee is competent to deal.
[29A. Constitution of Wards Committees. - (1) Where the population of the City is three lakhs or more, there shall be constituted by the [Municipal Corporation, Subject to the rules made by the State Government] Wards Committee or Committees consisting of one or more wards within the territorial area of a Corporation.
(2) Each Wards Committee shall consist of-
(a) Councillors of the Corporation representing a ward within the territorial area of the Wards Committee;
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Provided that a person shall be disqualified for being appointed, and for being a member of the Wards Committee, if under the provisions of this Act or any other law for the time being in force, he would be disqualified for being elected as, and for being, a councillor.
(3) The Wards Committee shall at its first meeting after its constitution under subsection (1) and at its first meeting in the same month in each succeeding year shall elect,-
where the Wards Committee consists of-
(a) one ward, the Councillor representing that ward in the Corporation; or
(b) two or more wards, one of the Councillors representing such wards in the Corporation elected by the members of the Wards Committee,
to be the Chairperson of that Committee.
(4) the Chairperson who shall hold office until his successor has been elected and shall be eligible for re-election.
(5) The Chairperson shall vacate office as soon as he ceases to be a Councillor.
(6) In the event of the office of the Chairperson falling vacant before the expiry of its term, the wards committee shall, as soon as conveniently may be after the occurrence of the vacancy, elect a new Chairperson in accordance with sub-section (3):
Provided that the Chairperson so elected shall hold office so long only as the person in whose place he is elected would have held it if such vacancy had not occurred.
(7) The duration of the wards committee shall be co-extensive with duration of the Corporation.
(8) The State Government shall by rules define the functions and duties of the Wards Committee, the territorial areas of such committee and the procedure to be adopted by such committee for transaction of its business.
(9) The Chairperson and members of the Wards Committee shall be paid such conveyance charges for attending the meeting of the committee as may be prescribed by the rules.]
Special and Ad-hoc Committees
### 30. Special Committees of the Corporation. - (1) The Corporation may from time to time appoint out of its own body, Special Committees which shall conform to any instructions that the Corporation may from time to time give them.
(2) The Corporation may by a specific resolution passed by the vote of not less than two-thirds of the councillors present and voting at a meeting of the Corporation define the sphere of business of each Special Committee and direct that all matters and questions included in any such sphere shall in the first instance be placed before the appropriate Committee and shall be submitted to the Corporation with such Committee's recommendation; and the Corporation may also by a like resolution delegate any of its powers and duties to specified Special Committees.
(3) Every Special Committee shall appoint two of its number to be its Chairman and Deputy Chairman:
Provided that no councillor shall, at the same time, be the Chairman of more than one Special Committee.
(4) The Chairman and in his absence the Deputy Chairman and, in the absence of both, such other member as may be chosen by the members of the Special Committee present at a meeting thereof shall preside at the meeting.
(5) Any member of a Special Committee who absents himself during two successive months from the meetings of such Committee, except on account of temporary illness or other cause to be approved by such Committee, or absents himself from or is unable to attend the meetings of such Committee during four successive months from any cause whatever, whether approved by such Committee or not, shall cease to be a member of such Committee and his seat shall thereupon be vacant.
(6) All the proceedings of every Special Committee shall be subject to confirmation by the Corporation:
Provided that if, in delegating any of its powers or duties to a Special Committee under sub-section (2) , the Corporation directs that the decision of such Committee shall be final, then so much of the proceedings of such Committee as relates to such powers or duties shall not be subject to confirmation by the Corporation, if such decision is supported by at least half the total number of members of such Committee:
Provided further that any Special Committee may by a resolution supported by at least half the whole number of members direct that action be taken in accordance with the decision of such Committee, without waiting for confirmation of its proceedings by the Corporation, where such confirmation is required, if such Committee considers that serious inconvenience would result from delay in taking such action; but if the Corporation, does not subsequently confirm, the proceedings of such Committee such steps as may still be practicable shall be taken without delay to carry out the orders of the Corporation.
(7) The Corporation may at any time dissolve or alter the constitution of a Special Committee.
(8) The constitution of Special Committees and the conduct of business at meetings of such Committees, the keeping of minutes and the submission of reports and other matters before such Committees shall be regulated by rules.
### 31. Appointment of Ad-hoc Committees. - (1) The Corporation may from time to time appoint out of its own body such ad-hoc Committees consisting of such number of councillors as it shall think fit, and may refer to such Committees for inquiry and report or for opinion, such special subjects relating to the purposes of this Act as it shall think fit, and direct that the report of any such Committee shall be submitted thorough the Standing Committee or a Special Committee constituted under section 30.
(2) An ad-hoc Committee appointed under sub-section (1) may, with the previous sanction of the Corporation, co-opt not more than two persons who are not councillors but who in the opinion of the Committee possess special qualifications for serving thereon.
Joint Committees
### 32. Joint transactions with other local authorities. - (1) The Corporation may from time to time join with a local authority or with a combination of local authorities,-
(a) in appointing a joint committee out of their respective bodies for any purpose in which they are jointly interested, and in appointing a chairman of such committee;
(b) in delegating to any such committee power to frame terms binding on each such body as to the construction and future maintenance of any joint work and any power which might be exercised by any of such bodies; and
(c) in framing and modifying rules for regulating the proceedings of any such committee in respect of the purpose for which the committee is appointed.
(2) Where the Corporation has requested the concurrence of any other local authority under the provisions of sub-section (1) in respect of any matter and such other local authority has refused to concur, the [State] Government may pass such orders as it deems fit requiring the concurrence of such other local authority, not being a cantonment authority in the matter aforesaid and such other local authority shall comply with such orders.
(3) If any difference of opinion arises between the Corporation and any other local authority which has joined the Corporation under this section, the matter shall be referred to the [State] Government whose decision thereupon shall be final and binding:
Provided that, if the local authority concerned is a cantonment authority any such decision shall not be binding unless it is confirmed by the Central Government.
(4) The Corporation may from time to time [in the case of any cantonment authority with the sanction of the State Government and the Officer Commanding-in-Chief, the Command, and in other cases] with the sanction of the [State] Government enter into an agreement with a local authority or with a combination of local authorities for the levy of octroi or tolls [or a tax on vehicles boats or animals] by the Corporation on behalf of the bodies so agreeing and, in that event, the provisions of this Act shall apply in respect of such levy as if the area of the City were extended so as to include the area or areas subject to the control of such local authority or such combination of local authorities.
[(5) When any agreement such as is referred to in sub-section (4) has been entered into, then the total of the collection of such octroi, toll or tax made in the City and in the area or areas ordinarily subject to the control, of such other local authority or authorities and the costs thereby incurred shall be divided between the Municipal Fund and the fund or funds subject to the control of such other local authority or authorities, as the case may be, in such proportion as may have been determined by the agreement.]
Provisions Regarding Validity of Proceedings
### 33. Vacancy in Corporation, etc. not to invalidate its proceedings. - No act or proceedings of the Corporation or of any committee or sub-committee appointed under this Act shall be questioned on account of any vacancy in its body.
### 34. Proceedings of Corporation, etc. not vitiated by disqualification, etc. of members thereof. - No disqualification of, or defect in, the election or appointment of any person acting as a councillor, as the Mayor or the Deputy Mayor or the presiding authority of the Corporation or as the Chairman or a member of any Committee or subcommittee appointed under this Act shall be deemed to vitiate and act or proceeding of the Corporation or of any such Committee or sub-committee, as the case may be, in which such person has taken part, provided the majority of the persons who were parties to such act or proceedings were entitled to act.
### 35. Proceedings of meetings to be good and valid until contrary is proved. - Until the contrary is proved, every meeting of the Corporation or of a Committee or subcommittee in respect of the proceeding whereof a minute has been made and signed in accordance with this Act or the rules shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly qualified; and where the proceedings are proceedings of a Committee or sub-committee, such Committee or sub-Committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute.
The Municipal Commissioner
### 36. Appointment of the Commissioner. - (1) The Commissioner shall from time to time be appointed by the [State] Government.
(2) The Commissioner shall in the first instance hold office for such period not exceeding three years as the [State] Government may fix and his appointment may be renewed from time to time for a period not exceeding three years at a time.
(3) Notwithstanding the provisions of sub-section (2) the Commissioner may at any time, if he holds a lien on the service of the [Government] be recalled to such service after consultation with the Corporation and may further at any time be removed from office by the, [State] Government for incapacity, misconduct or neglect of duty and shall forthwith be so removed if at a meeting of the Corporation not less than five-eights of the whole number of councillors vote in favour of a resolution requiring his removal.
### 37. Salary of Commissioner. - (1) The Commissioner shall receive from the Municipal Fund such monthly salary and allowances as the [State] Government may from time to time after consultation with the Corporation determine:
Provided that the salary of the Commissioner shall not be altered to his disadvantage during the period for which his appointment has been made or renewed.
(2) The Commissioner shall devote his whole time and attention to the duties of his office as prescribed in this Act or in any other law for the time being in force and shall not engage in any other profession, trade or business whatsoever:
Provided that he may with the sanction of the Corporation serve on any committee constituted for the purpose of any local inquiry or for the furtherance of any object of local importance or interest.
(3) When a salaried servant of the [Government] is appointed as the Commissioner such contribution to his pension, leave and other allowances as may required by the conditions of his service under the [Government] to be made by him or On his behalf shall be paid to the [State] Government from the Municipal Fund.
### 38. Grant of leave of absence to Commissioner and leave allowances. - (1) The [State] Government may from time to time with the assent of the Standing Committee grant leave of absence to the Commissioner for such period as it thinks fit.
(2) The allowances to be paid to the Commissioner while absent on leave shall be of such amount, not exceeding his salary, as shall be fixed by the [State] Government and shall, unless the Commissioner is a salaries servant of the [Government], be paid from the Municipal Fund:
Provided that, if the Commissioner is a salaried servant of the [Government], the amount of such allowance shall be regulated by the rules for the time being in force relating to the leave allowances of salaried servants of the [Government] of his class.
### 39. Appointment and remuneration of acting Commissioner. - During the absence on leave or other temporary vacancy in the office of the Commissioner, the [State] Government may appoint a person to act as Commissioner and every person so appointed shall exercise the powers and perform the duties conferred and imposed by this Act or any other law for the time being in force on the Commissioner, and shall be subject to all the liabilities, restrictions and conditions to which the Commissioner is liable and shall receive such monthly salary not exceeding the salary for the time being payable to the Commissioner as the [State] Government shall determine.
Transport Manager
### 40. Appointment of Transport Manager. - (1) In the event of the Corporation acquiring or establishing a Transport Undertaking the Corporation shall, subject to the approval of the [State] Government, appoint a fit person to be the Transport Manager of the Transport Undertaking.
(2) The Transport Manager shall receive such monthly salary and allowances as the Corporation shall from time to time, with the approval of the [State] Government determine:
Provided that the salary of the Transport Manager shall not be altered to his disadvantage during his period of office.
### 41. Leave of Transport Manager. - (1) Leave of absence may be granted from time to time to the Transport Manager by the Transport Committee with the assent of the Corporation.
(2) The allowance to be paid to the Transport Manager whilst so absent on leave shall be of such amount, not exceeding the amount of his salary, as shall be fixed by the Corporation.
(3) During the absence on leave or other temporary vacancy in the office of the Transport Manager the Transport Committee, with the assent of the Corporation, may appoint a person to act as Transport Manager; every person so appointed shall exercise the powers and perform the duties conferred and imposed on the Transport Manager and shall be subject to the same liabilities, restrictions and conditions to which the Transport Manager is liable and shall receive such monthly salary, not exceeding the salary for the time being payable to the Transport Manager, as the Corporation shall determine.
Disqualifications of the Commissioner
### 42. Commissioner not to be interested in any contract with Corporation.. - (1) No person shall be qualified to be appointed or to be the Commissioner if he has, directly or indirectly, by himself or his partner, any share or interest in any contract with, by or on behalf of the Corporation or in any employment with, by or on behalf of the Corporation other than as Commissioner.
(2) Any Commissioner who shall acquire, directly or indirectly, by himself or his partner, any share or interest in any such contract or employment as aforesaid shall cease to be Commissioner and his office shall become vacant.
(3) Nothing in this section shall apply to any such share or interest in any contract or employment with, by or on behalf of the Corporation as, under sub-clause (ii) or (iv) of clause (b) of sub-section (2) of section 10 it is permissible for a councillor to have without his being thereby disqualified for being a councillor.
Chapter III
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Proceedings of the Corporation, Standing Committee, Transport Committee and Other Bodies
### 43. Proceedings of the Corporation, Standing Committee, etc. - (1) The meetings of the Corporation, the Standing Committee, the sub-committees of the Standing Committee, the Transport Committee, the sub-committees of the Transport Committee, Special Committees and ad-hoc Committees shall be held and the business before them shall be disposed of in the manner prescribed by rules.
(2) The Commissioner [Shall remain present at a meeting of the corporation and take] part in the discussions thereat as a councillor, and, with the permission of the presiding authority, may at any time make a statement or explanation of facts, but he shall not be at liberty to vote upon, or to make, any proposition at such meeting.
(3) The Corporation may require any of its officers to attend any meeting or meetings of the Corporation at which any matter dealt with by such officer in the course of his duties is being discussed; when any officer is thus required to attend any such meeting, he may be called upon to make a statement or explanation of facts or supply such information in his possession relating to any matter dealt with by him as the Corporation may require.
(4) The Commissioner shall [remain present at a meeting of the Standing Committee or of a sub-committee and take] part in the discussions thereat as a member of the said committee, but he shall not be at liberty to vote upon, or make, any proposition at such meeting.
(5) The Commissioner and in his absence the Deputy or Assistant Commissioner authorised by the Commissioner in this behalf and the Transport Manager and in his absence any officer authorised by the Transport Manager in this behalf shall have the same right of being present at a meeting of the Transport Committee or of a subcommittee an of taking part in the discussion thereat as a member of the said committee, but shall not be liberty to vote upon or make any proposition at such meeting.
### 44. Right to ask questions. - A councillor may, subject to the conditions prescribed by rules, ask questions on any matter relating to the administration of this Act or the Municipal Government of the City.
Chapter IV
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Municipal Officers Ad Servants-Their Appointment and Conditions of Service
City Engineer, Medical Officer of Health, Municipal Chief Auditor, Municipal Secretary, Deputy Municipal Commissioner and Assistant Municipal Commissioner.
### 45. Appointment of City Engineer, etc. - (1) The Corporation shall from time to time appoint fit persons to be City Engineer, Medical Officer of Health, Municipal Chief Auditor and Municipal Secretary.
[(2) The Corporation may from time to time, with the approval of the State Government, create as many posts Deputy Municipal Commissioner or Assistant Municipal Commissioner or such other officers as it considers necessary. The State Government may, while granting approval to the Corporation, apportion the number of such posts that may be filled by the Corporation and the number of such posts that may be filled by the State Government by appointing its officers.]
(3) An officer appointed under this section shall have such qualifications as may be prescribed under the rules and shall receive such monthly salary and allowances as the Corporation may with the approval of the [State] Government from time to time fix:
Provided that the salary of no officer shall be altered to his disadvantage during his period of office.
[(4) Every appointment made under this section, excepting an appointment of a Municipal Secretary, made by the Corporation, or an appointment of a Deputy Municipal Commissioner, an Assistant Municipal Commissioner or such other officers made by the State Government, shall be subject to confirmation by the State Government; and any officer whose appointment the State Government refuses to confirm shall be removed from the office forthwith.]
(5) On the occurrence of a vacancy in any office specified in this section an appointment shall be made thereto by the Corporation within four months from the date on which the vacancy occurred or, in the event of the removal of an officer under sub-section (4) within thirty days of the receipt by the Corporation of the order of the [State] Government.
(6) In default of an appointment being made by the Corporation under sub-section (5) the [State] Government may appoint a fit person to fill the vacancy and such appointment shall for all purposes be deemed to have been made by the Corporation.
(7) Pending the settlement of an appointment under sub-section (1) or sub-section (5), the Corporation may appoint a person to fill the vacancy temporarily and may direct that the person so appointed shall receive such monthly salary and allowances not exceeding the maximum fixed under sub-section (3) for the time being as it thinks fit:
Provided that no such appointment shall extend beyond or be made after a lapse of six months from the date on which the vacancy occurs.
### 46. Powers and duties of City Engineer and Medical Officer of Health. - The City Engineer and the Medical Officer of Health shall perform such duties as they are directed by or under this Act to perform and such other duties as may be required of them by the Commissioner.
### 47. Powers and duties of Municipal Chief Auditor. - (1) The Municipal Chief Auditor shall,-
(a) perform such duties as he is directed by or under this Act to perform and such other duties with regard to the audit of the accounts of the Municipal Fund as shall be required of him by the Corporation or by the Standing Committee and with regard to the audit of the accounts of the Transport Fund as shall be required of him by the Transport Committee;
(b) prescribe, subject to such directions as the Standing Committee may from time to time give, the duties, of the auditors and assistant auditors, clerks and servants immediately subordinate to him; and
(c) subject to the orders of the Standing Committee, exercise supervision and control over the acts and proceedings of the said auditors, assistant auditors, clerks and servants and subject to the regulations, dispose of all questions relating to the service, remuneration and privileges of the said auditors, assistant auditors, clerks and servants.
(2) The Municipal Chief Auditor shall not be eligible for further office under the Corporation after he has ceased to hold his office.
### 48. Powers and duties of Municipal Secretary. - The Municipal Secretary shall be the Secretary of the Corporation and also of the Standing Committee and shall-
(a) perform such duties as he is directed by or under this Act to perform and such other duties in and with regard to the Corporation and the Standing Committee as shall be required of him by those bodies respectively;
(b) have the custody of all papers and documents connected with the proceedings of,-
(i) the Corporation and any Committee appointed by the Corporation under section 30 or 31,
(ii) the Standing Committee and any sub-committee thereof;
(c) prescribe, subject to such directions as the Standing Committee may from time to time give, the duties of the officers and servants immediately subordinate to him; and
(d) subject to the orders of the Standing Committee, exercise supervision and control over the acts and proceedings of the said officers and servants and, subject to the regulations, dispose of all questions relating to the service, remuneration and privileges of the said officers and servants.
### 49. Powers and duties of deputy or Assistant Municipal Commissioner. - (1) A Deputy Municipal Commissioner or Assistant Municipal Commissioner shall, subject to the orders of the Commissioner, exercise such of the powers and perform [such of the duties of the Commissioner, including powers and duties of a judicial or quasi-judicial nature] as the Commissioner shall from time to time depute to him:
Provided that, the Commissioner shall inform the Corporation of the powers and duties which he from time to time deputes to a Deputy Municipal Commissioner or Assistant Municipal Commissioner:
[Provided further that nothing in this sub-section shall be deemed to empower the Commissioner to issue any order regulating the exercise of powers or performance of duties of a judicial or quasi-judicial nature deputed by him.]
(2) All acts and things performed and done by a Deputy Municipal Commissioner or Assistant Municipal Commissioner during his tenure of office and by virtue thereof shall for all purposes be deemed to have been performed and done by the Commissioner.
### 50. Conditions of service of statutory officers of Corporation. - (1) The Transport Manager and all officers appointed under section 45 shall, subject to the provisions of sub-section (2), devote their whole time and attention to the duties of their respective offices and shall not engage in any other profession, trade or business whatsoever.
(2) The Corporation may, subject to the regulations, permit the Transport Manager or any other officer referred to in sub-section (1) to perform while on duty or during leave a specified service or series of services for a private person or body or for a public body, including a local authority or for the Government and to receive remuneration therefor.
(3) The Transport Manager or any other officer referred to in sub-section (1) shall be removable at any time from office for misconduct or for neglect of, or incapacity for, the duties of his office on the votes of not less than one-half of the whole number of councillors.
(4) In all matters not otherwise provided for in this Act, the conditions of service of the Transport Manager and other officers specified in sub-section (1) shall be regulated by the regulations.
Other Officers and Servants
### 51. Number, designation, grades etc. of other municipal officers and servants. - (1) Subject to the provisions of sub-section (4), the Standing Committee shall from time to time determine the number, designations, grades, salaries, fees and allowances of auditors, assistant auditors', officers, clerks and servants to be immediately subordinate to the Municipal Chief Auditor and the Municipal Secretary respectively.
(2) The Commissioner shall, from time to time, prepare and bring before the Standing Committee a statement setting forth the number, designations and grades of the other officers and servants who should in his opinion be maintained, and the amount and nature of the salaries, fees and allowances which he proposes should be paid to each.
(3) The Standing Committee shall, subject to the provisions of sub-section (4), sanction such statement either as it stands or subject to such modifications as it deems expedient.
[(4) No new permanent office of which the minimum monthly salary, exclusive of allowances, exceeds such amount as may be fixed by the State Government by a general or special order from time to time in the case of each Corporation shall be created except with the previous sanction of the Corporation and no new office of which the minimum or maximum monthly salary exclusive of allowances exceeds such amount as may be fixed in this behalf by the State Government, by a general or special order, from time to time in the case of each Corporation shall be created except with the previous sanction of the State Government.]
(5) Nothing in this section shall be construed as affecting the right of the Corporation or of the Commissioner to make any temporary appointment which it or he is empowered to make under section 53.
[Explanation. - An increase in the salary of any permanent office shall be deemed, for the purpose of sub-section (4) , to be the creation of a new office, if by reason of such increase, the minimum or, as the case may be, the maximum monthly salary, exclusive of allowances, exceeds the minimum, or as the case may be, the maximum amount fixed by State Government for the purpose of the said sub-section (4).]
### 52. Restriction on employment of permanent officers and servants. - No permanent officer or servant shall be entertained in any department of the municipal administration unless he has been appointed under section 40 or 45, or his Office and emoluments are covered by sub-section (1) of section 51 or are included in the statement sanctioned under sub-section (3) of section 51 and for the time being in force.
### 53. Power of appointment in whom to vest. - (1) The power of appointing, municipal officers, whether temporary or permanent, whose minimum monthly salary exclusive of allowances [exceeds such amount as may be fixed in this behalf by the State Government, by a general or special order, from time to time in the case of each Corporation] shall vest in the Corporation:
Provided that temporary appointments for loan works carrying [a minimum monthly salary, exclusive of allowances of the amount as so fixed by the State Government] may be made for a period of not more than six months by the Commissioner with the previous sanction of the Standing Committee on condition that every such appointment shall forthwith be reported by the Commissioner to the Corporation and no such appointment shall be renewed on the expiry of the said period of six months without the previous sanction of the Corporation.
(2) Save as otherwise provided in sub-section (1), the power of appointing Municipal Officers and servants, whether temporary or permanent, under the immediate control of the Municipal Chief Auditor or the Municipal Secretary shall vest in the Municipal Chief Auditor or the Municipal Secretary, as the case may be, subject, in either, case, to the approval of the Standing Committee unless the said Committee in any particular case or class of cases dispenses with his requirement.
(3) Save as otherwise provided in this Act, the power of appointing Municipal officers and servants whether permanent or temporary vests in the Commissioner:
Provided that, such power in respect of permanent appointments shall be subject to the statement for the time being in force prepared and sanctioned under section 51:
Provided further that, no temporary appointment shall be made by the Commissioner for any period exceeding six months and no such appointment carrying [a monthly salary exceeding such amount as may be fixed in this behalf,, by a general or special order, from time to time by the State Government in the case of each Corporation] shall be renewed by the Commissioner on the expiry of the said period of six months without the previous sanction of the Standing Committee.
### 54. Manner of making appointments. - (1) There shall be a Staff Selection Committee consisting of the Commissioner or any other officer designated by him in this behalf, the Municipal Chief Auditor, the Head of the Department concerned and not more than one other officer nominated by the Commissioner.
(2) The Staff Selection Committee shall, in the manner prescribed in the rules, select candidates for all appointments in the municipal service other than appointments referred to in sub-section (1) of section 53 and other than those which the Corporation may, with the previous approval of the [State] Government, by order specify in this behalf, unless it is proposed to fill the appointment from amongst persons already in municipal service or unless the appointment is of a temporary character and is not likely to last for more than six months.
(3) Every authority competent to make appointments in the municipal service shall make appointments of the candidates so selected in accordance with the directions given by the Staff Selection Committee.
(4) With reference to officers and servants appointed under Chapter XX, the provisions of this section shall apply as if for the word "Commissioner" the words "Transport Manager" had been substituted.
(5) Subject to the provisions of this section, any appointment of municipal officer or servant shall be made in the manner prescribed in the rules, save as expressly provided therein.
### 55. Saving in respect of officers and servants appointed under Chapter XX. - Nothing in sections 51, 52 and 53 shall apply to officers and servants appointed under the provisions of Chapter XX.
Imposition of Penalties
### 56. Imposition of penalties on municipal officers and servants. - (1) A competent authority may subject to the provisions of this Act impose any of the penalties specified in sub-section (2) on a municipal officer or servant if such authority is satisfied that such officer or servant is guilty of a breach of departmental rules or discipline or of carelessness, neglect of duty or other misconduct or is incompetent:
Provided that-
(a) no municipal officer or servant whose monthly salary, exclusive of allowances, [exceeds such amount as may be fixed in this behalf, by a general or special order, by the State Government in the case of each Corporation] shall be dismissed by the Commissioner without the previous approval of the Standing Committee;
(b) any officer appointed by the Corporation excepting the Transport Manager may be suspended by the Standing Committee pending an order of the Corporation, such suspension and the reason therefore being forthwith reported to the Corporation;
(c) the Commissioner may impose any of the penalties specified in clause (a), (b), [c] (d), and (e) of sub-section (2) on any officer appointed by the Corporation other than the Transport Manager or any officer appointed under section 45;
(d) the Municipal Chief Auditor and the Municipal Secretary may impose any of the penalties specified in clauses (a), (b), (c), (d) and (c) of sub-section (2) on any officer or servant immediately subordinate to them and drawing a monthly salary [not exceeding such amount as may be fixed by the State Government, by a general or special order, from time to time in case of each Corporation] subject to a right of appeal to the Standing Committee and the Standing Committee may impose any other penalty on any such officer or servant and may also impose any penalty on any other officer or servant immediately subordinate to the Municipal Chief Auditor or the Municipal Secretary;
(2) The penalties which may be imposed under this section are the following, namely:-
(a) censure;
(b) withholding of increments or promotion, including stoppage at an efficiency bar;
(c) reduction to a lower post or time-scale, or to a lower stage in a time-scale;
(d) fine;
(e) recovery from salary of the whole or part of any pecuniary loss caused to the Corporation;
(f) suspension;
(g) removal from municipal service which does not disqualify from future employment;
(h) dismissal from municipal service which ordinarily disqualifies from future employment.
(3) No officer or servant shall be reduced to a lower post or removed or dismissed from service under this section unless he has been given a reasonable opportunity of showing cause against such reduction, removal or dismissal:
Provided that, this sub-section shall not apply-
(a) where a person is reduced, removed or dismissed on the ground of conduct which has led to his conviction on a criminal charge; or
(b) where the competent authority is satisfied that, for reasons to be recorded in writing by such authority, it is not reasonably practicable to give that person an opportunity of showing cause.
(4) Subject to the provisions of clause (d) of the proviso to sub-section (1), any municipal officer or servant who is reduced, removed or dismissed by any authority other than the Corporation may, within one month of the communication to him of the order of reduction, removal or dismissal, appeal to the authority immediately superior to the authority which imposed the penalty and the appellate authority may, after obtaining the remarks of the authority which imposed the penalty, either confirm the order passed or substitute for it such orders as it considers just, including an order for the imposition of some lesser penalty, and effect shall forth be given to any order passed by the appellate authority which shall be conclusive:
Provided that, for the purposes of this sub-section, the Standing Committee shall be deemed to be the authority immediately superior to the Commissioner and the Corporation shall be deemed to be the authority immediately superior to the Standing Committee.
(5) With reference to officers and servants appointed under Chapter XX the provisions of this section shall apply as if for the word "Commissioner" the words "Transport Manager" and for the words "Standing Committee" the words "Transport Committee" had been substituted.
Explanation. - (1) For the purposes of this section a competent authority is the authority which under the provisions of this Act is competent to make the appointment to the post held by the particular municipal officer or servant.
(2) The monthly salary which would ordinarily be admissible to a municipal officer or servant on the date immediately preceding the date of the order imposing a penalty shall be deemed to be his salary for the purposes of the provision to sub-section (1).
Leave of Absence, Acting Appointments, Etc.
### 57. Leave of absence. - (1) Leave of absence may be granted subject to the regulations by the Commissioner to any municipal officer or servant whom he has the power of appointing and for a period not exceeding one month to any other municipal officer, other than the Transport Manager, officers and servants immediately subordinate to the Municipal Chief Auditor or the Municipal Secretary and officers and servants appointed under Chapter XX.
[(2) Leave of absence for a period not exceeding one month may be granted by the Municipal Chief Auditor or the Municipal Secretary, as the case may be to an officer or servant immediately subordinate to him and receiving a monthly salary, exclusive of allowances, not exceeding such amount as may be, fixed in this behalf, by a general or special order, by the State Government in the case of each Corporation.]
(3) Leave of absence may be granted by the Standing Committee to any officer or servant not covered by sub-section (1) or sub-section (2) excepting the Transport Manager and officers and servants appointed under the provisions of Chapter XX.
### 58. Acting appointment. - (1) The appointment of a person to act in the place of an officer absent on leave may be made when necessary and subject to the regulations by the authority granting the leave of absence:
Provided that-
(a) when an officer appointed under section 45 is granted leave of absence for a period exceeding one month, the appointment of a person to act for him shall be made by the Corporation and excepting an appointment to act for the Municipal Secretary, shall be reported forthwith to the [State] Government;
(b) any appointment reported to the [State] Government under clause (a) may be disallowed by it and from time of being so disallowed shall be null and void as from the date of the receipt, by the Corporation of the order of the [State] Government.
(2) A person appointed under this section to act for any officer or servant shall, while so acting, perform the same duties and exercise the same powers and be subject to the same liabilities, restrictions and conditions which such officer or servant is bound to perform or may exercise or to which such officer or servant is liable.
Disqualification of Municipal Officers and Servants
### 59. Disqualification of municipal officers and servants. - (1) Any person who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, by, or on behalf of the Corporation, or in any employment with, by, or on behalf of the Corporation, other than as a municipal officer or servant, shall be disqualified for being a municipal officer or servant.
(2) Any municipal officer or servant who shall acquire, directly or indirectly, by himself or his partner, any share or interest in any such contract or employment as aforesaid shall cease to be a municipal officer or servant and his office shall become vacant.
(3) Nothing in this section shall, apply to any such share or interest in any contract or employment with, by, or on behalf of the Corporation as under sub-clause (ii) or (iv) of clause (b) of sub-section (2) of section 10, it is permissible for a councillor to have, without his being thereby disqualified for being a councillor.
Explanation. - the expression "municipal officer" includes the Transport Manager appointed under section 40 and any person appointed to act for the Transport Manager under section 41.
### 60. Occupation of, and liability to vacate, premises provided by Corporation for municipal officers and servants. - (1) Any municipal officer or servant occupying any premises provided by the Corporation for his residence,-
(a) shall occupy the same subject to such conditions and terms as may, generally or in special cases, be prescribed, by the Corporations, and
(b) shall, notwithstanding anything contained in any law for the time being in force, vacate the same on his resignation, dismissal, removal or retirement from the service of the Corporation or whenever the Commissioner, with the approval of the Corporation, thinks it necessary and expedient to require him to do so.
(2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so, the Commissioner may order such person to vacate such premises and may take such measures as will prevent him from remaining on or again entering on the premises.
(3) With reference to a municipal officer or servant appointed under Chapter XX, the provisions of this section shall apply as if for the word "Commissioner" the words "Transport Manager" had been substituted.
60A. Provident Fund to be deposited in Government Treasury. - (1) Where the corporation has established a provident fund for the benefit of any of its officers and servants, such fund shall, notwithstanding anything contained in any law for the time being in force, be deposited in the State Government treasury in accordance with such directions as the State Government may, from time to time, by an order in writing give and thereupon,-
[(i) the subscriber to the fund shall be entitled to interest on the balance in his provident fund account at the same rate, at which the State Government servant is for the time being entitled to on the balance in his provident fund account, and
(ii) the rules for the time being in force relating to the limits of withdrawals from the provident fund as applicable to such Government servant shall, so far as may be, apply to the subscriber.
(2) Nothing in this section shall apply to a provident fund established by the corporation to which the Employees' Provident Funds Act, 1952 (XIX of 1952) applies]
Chapter V
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Essential Services
### 61. Members of essential services not to resign, etc. without permission. - (1) No member of an essential service shall,-
(a) without the written permission of the Commissioner or any officer authorised by him in this behalf, resign his office, withdraw or absent himself from the duties thereof without at least t#o months' notice given in writing to the Commissioner, except in the case of illness or accident disabling him for the discharge of his duties, or other reason accepted as sufficient by the Commissioner or such office, or
(b) neglect or refuse to perform his duties or wilfully perform them in a manner which, in the opinion of the Commissioner or such officer, is inefficient.
(2) With reference to a member of an essential service who is appointed under Chapter XX, the provision of this section shall apply as if for the word "Commissioner" the words "Transport Manager" had been substituted.
### 62. Power of [State] Government to declare emergency. - If the [State] Government is of the opinion that the stoppage or the cessation of the performance of any of the essential services will be prejudicial to the safety or health or the maintenance of services essential to the life of the community in the City, it may, by notification in the Official Gazette, declare that an emergency, exists in the City and that in consequence thereof no member of such of the essential services and for such period as may be specified in the notification shall, notwithstanding any law for the time being in force or any agreement,-
(a) withdraw or absent himself from his duties except in the case of illness or accident disabling him from the discharge of his duties, or
(b) neglect or refuse to perform his duties or wilfully perform them in a manner which in the opinion of such officer as the [State] Government may specify in this behalf is inefficient.
Chapter VI
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Duties and Power of the Municipal Authorities and Officers Obligatory and Discretionary Duties of the Corporation
### 63. Matters to be provided for by the Corporation. - (1) It shall be incumbent on the Corporation to make reasonable and adequate provision, by any means or measures which it is lawfully competent to it to use or to take, for each of the following matters, namely :-
[(1) erection of substantial boundary marks of such description and in such position as shall be approved by the [State] Government defining the limits or any alteration in the limits of the City;
(2) the watering, scavenging, and cleansing of all public streets and places in the city and the removal of all sweeping therefrom;
(3) the collection, removal, treatment and disposal of sewage, offensive matter and rubbish and, if so required by the [State] Government, the preparation of compost manure from such sewage, offensive matter and rubbish [and solid waste management];
(4) the construction, maintenance and cleansing of drains and drainage works and of public latrines, water-closets, urinals and similar conveniences;
(5) the entertainment of a fire-brigade equipped with suitable appliances for the extinction of fires and the protection of life and property against fire;
(6) the construction or acquisition and maintenance of public hospitals and dispensaries including hospitals for the isolation and treatment of persons suffering or suspected to be infected with a contagious or infectious disease and carrying out other measures necessary for public medical relief;
(7) the lighting of public streets, municipal markets and public buildings vested in the Corporation;
(8) the maintenance of a municipal office and of all public monuments and open spaces and other property vesting in the Corporation;
(9) the naming or numbering of streets and of public places vesting in the Corporation and the numbering of premises;
(10) the regulation and abatement of offensive and dangerous trades or practices;
(11) the maintenance, change and regulation of places for the disposal of the dead and the provision of new places for the said purpose and disposing of unclaimed dead bodies;
(12) the construction or acquisition and maintenance of public markets and slaughter-houses [and tunneries] and the regulation of all markets and slaughter-houses [and tunneries];
(13) the construction or acquisition and maintenance of cattle pounds [and prevention of cruelty to animal];
(14) public vaccination in accordance with the provisions of the Bombay District Vaccination Act, 1892 [Bombay 1 of 1892];
(15) maintaining, aiding and suitably accommodating schools for primary education;
(16) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;
(17) the registration of births and deaths;
(18) the construction, maintenance, alteration and improvement of public streets, bridges, sub-ways, culverts, cause-ways and the like;
(19) the removal of obstructions and projections in or upon streets, bridges, and other public places;
(20) the management and maintenance of all municipal water works and the construction or acquisition of new Works necessary for a sufficient supply of water for public and private purposes;
(21) preventing and checking the spread of dangerous diseases;
(22) the securing or removal of dangerous buildings and places;
(23) the construction and maintenance of residential quarters for the municipal conservancy staff;
(23A) The preparation of plans for economic development and social justice;
[(23B)
The performance of functions and the implementation of schemes that may be entrusted by the State Government.]
(24) fulfilment of any obligation imposed by or under this Act or any other law for the time being in force;
(25) subject to adequate provision being made for the matters specified above, the provision of relief to destitute persons in the City in times of famine and scarcity and the establishment and maintenance of relief works in such times.
[(a) It shall also be incumbent on the Corporation to make, in its budget for every official year, provision for making expenditure to the extent of such amount, not exceeding ten per cent, of its income for such year other than the income from the proceeds of the Transport Undertaking and any other specified items of income as the State Government may, from time to time, determine and notify in the Official Gazette, for the purpose of providing basic facilities, like water supply, drainage, sanitation, street lights, medical aid, slum clearance and such other matters in areas predominantly populated by members of Scheduled Castes, Scheduled Tribes and other socially and economically backward class of people, and if the expenditure so provided for is not fully incurred in the official year for which it is provided, the balance shall be carried forward in the budget of the next succeeding year.
Explanation. - In this sub-section, "specified items" means such items as the State Government may, in relation to any Corporation, by order, specify for the purpose of this sub-section.]
### 64. Corporation to provide for anti-rabic treatment. - The Corporation shall make payments at such rates and subject to such conditions as the [State] Government from time to time by general or special order prescribes, for the maintenance and treatment in any institution which the [State] Government declares by notification in the Official Gazette, to be suitable for the purpose either within or without the City and for other necessary expenses of persons undergoing anti-rabic treatment as indigent persons according to the rules applicable to such institutions:
Provided that, the Corporation shall not be liable under this section for the maintenance, treatment and other expenses of any person undergoing anti-rabic treatment as an indigent person in any such institution as aforesaid, unless such person immediately previous to his admission thereto has been resident in the City for at least one year and has proceeded to such institution from the City.
### 65. Corporation to provide for maintenance of lunatics and lepers. - (1) The Corporation shall make payments at such rates for each person as the [State] Government from time to time by general or special order prescribes for the maintenance and treatment at any asylum, hospital or house, within or without the City, which the [State] Government declares by notification in the Official Gazette, to be suitable for the purpose of pauper lunatics, not being persons for whose confinement an order under Chapter XXXIV of the Code of Criminal Procedure, 1898 (V of 1898), is in force and of lepers resident within or under any enactment for the time being in force removed from the City:
Provided that the Corporation shall not be liable under this section for the maintenance and treatment of any lunatic or leper in any such asylum, hospital or house as aforesaid, unless such lunatic or leper immediately previous to his admission thereto has been resident in the City for at least one year:
Provided further that the rates prescribed by the [State] Government under this section shall not exceed half the total cost of maintenance and treatment incurred for each person on account of the lunatics for whose maintenance and treatment the Corporation shall be liable under this section:
Provided also that where an application is made to the Court under section 88 of the Indian Lunacy Act, 1912 (IV of 1912), no order for the payment of the cost of maintenance of the lunatic by the Corporation shall be made without an opportunity being given to the Corporation to show that the lunatics is not pauper and has an estate applicable to his maintenance or that there is a person legally bound and having the means to maintain him.
(2) The Officer-in-charge of an asylum, hospital or house to which lunatics or lepers for whose maintenance and treatment the Corporation is liable under this section are admitted shall maintain a clear account of the cost of maintenance and treatment incurred on account of such persons detained in the asylum, hospital or house and shall furnish a copy thereof to the Corporation.
### 66. Matters which may be provided for by Corporation at its discretion. - The Corporation may, in its discretion, provide from time to time, either wholly or partly, for all or any of the following matters, namely:-
(1) the organization, maintenance or management of institutions within or without the City for the care of persons who are infirm, sick or incurable, or for the care and training of blind, deaf, mute or otherwise disabled persons or of handicapped children;
(2) the organisation, maintenance or management of maternity and infant welfare houses or centres;
(3) the provision of milk to expectant or nursing mothers or infants or school children;
(4) the organisation, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs,. for the detection of diseases or for researches connected with public health;
(5) swimming pools, public wash houses, bathing places and other institutions designed for the improvement of public health;
(6) dairies or farms within or without the City for the supply, distribution and processing of milk or milk products for the benefit of the residents of the City;
(7) the construction and maintenance in public streets, or places of drinking fountains for human beings and water-troughs for animals;
(8) urban Forestry, protection of the environment and promotion of ecological aspects.
[(8A)
promotion of cultural, educational and aesthetical aspects.
(8B)
urban planning including town planning and regulation of land use.]
(9) the provision of music for the people;
(10) the provision of public parks, gardens, play-grounds and recreation grounds;
(11) the holding of exhibitions, athletics or games;
(12) the regulation of lodging houses, camping grounds and rest houses in the City;
(13) the maintenance of an ambulance service;
(14) the construction, establishment and maintenance of theatres, rest-houses and other public buildings;
(15) the organisation or maintenance, in times of scarcity, of shops or stalls for the sale of necessaries of life;
(16) the building or purchase and maintenance of dwellings for municipal officers and servants;
(17) the grant of loans for building purposes to municipal servants [\*\*\*] on such terms and subject to such conditions as may be prescribed by the Corporation;
(18) any other measures for the welfare of municipal servants or any class of them;
(19) the purchase of any undertaking for the supply of electric energy or gas or S the starting or subsidising of any such undertaking which may be in the general interests of the public;
(20) the construction, purchase, organisation, maintenance or management of light railways, tramways, trackless trams, or motor transport facilities for the conveyance of the public or goods within or without the City;
(21) the furtherance of educational objects other than those mentioned in clause (15) of section 63 and making grants to educational institutions within or without the City;
(22) the establishment and maintenance or the aiding of libraries; museums and art galleries, botanical or zoological collections and the purchase of construction of buildings therefor;
(23) the construction or maintenance of infirmaries or hospitals for animals;
(24) the destruction of birds or animals causing a nuisance, or of vermin, and the confinement or destruction of stray or ownerless dogs;
(25) contributions towards any public fund raised for the relief of human suffering within the City or for the public welfare;
(26) the preparation or presentation of addresses to persons of distinction;
(27) the registration of marriages;
(28) the granting of rewards for information which may tend to secure the correct registration of vital statistics;
(29) paying the salaries and allowances, rent and other charges incidental to the maintenance of the Court of any stipendiary magistrate or any portion of such charges;
(30) the acquisition and maintenance of grazing grounds and the establishment and maintenance of a breeding stud;
(31) establishing and maintaining a farm or factory for the disposal of sewage;
(32) supplying, constructing and maintaining, in accordance with the general system approved by the Corporation, receptacles, fittings, pipes and other appliances whatsoever on or for the use of premises for receiving and conducting the sewage thereof into drains under the control of the Corporation;
(33) granting rewards for information regarding the infringement of any provisions of this Act, or of the rules, bye-laws, regulations or standing orders;
(34) laying out whether in areas previously built upon or not, new public streets and acquiring land for that purpose and land required for the construction of buildings or curtilages thereof to abut on such street or streets;
(35) the building or purchase and maintenance of suitable dwellings for the poor and working classes, or the grant of loans or other facilities to any person, society, or institution interested in the provision of such dwellings;
(36) the provision of shelter to destitute or homeless persons and any form of poor relief;
(37) the building or purchase and maintenance of sanitary stables, or byres for horses, ponies or cattle used in hackney carriages or carts or for milchkine;
(38) surveys of buildings or lands;
(39) measures to meet any calamity affecting the public in the City;
(40) making contributions to the funds of the Local-Self Government Institute, Bombay;
(41) with the previous sanction of the [State] Government, the making of a contribution towards any public ceremony or entertainment in the City;
(42) any measure not hereinbefore specifically named, likely to promote public safety, health, convenience or instruction.
Respective Functions of the Several Municipal Authorities
### 67. Functions of the several municipal authorities. - (1) The respective functions of the several municipal authorities shall be such as are specifically prescribed by or under this Act.
(2) Except as otherwise expressly provided in this Act, the municipal Government of the City vests in the Corporation.
(3) Subject, whenever it is in this Act expressly so directed, to the approval or sanction of the Corporation or the Standing Committee and subject also to all other restrictions, limitations and conditions imposed by this Act or by any other law for the time being in force, the entire executive power for the purpose of carrying out the provisions of this Act and of any other Act for the time being in force which imposes any duty or confers any powers on the Corporation vests in the Commissioner, who shall also,-
(a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by this Act or by any other law for the time being in force;
(b) prescribe the duties of, and exercise supervision and control over, the acts and proceedings of all municipal officers and servants, other than the Municipal Secretary and the Municipal Chief Auditor and the municipal officers and servants immediately subordinate to them, and subject to the regulations, dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances;
(c) in any emergency, take such immediate action for the service of safety of the public or the protection of the property of the Corporation as the emergency shall appear to him to justify or to require notwithstanding that such action cannot be taken under this Act without the sanction, approval or authority of some other municipal authority or of the [State] Government:
Provided that the Commissioner shall report forthwith to the Standing Committee and to the Corporation the action he has taken and his reasons for taking the same and the amount of cost, if any, incurred or likely to be incurred in consequence of such action which is not covered by the current budget grant under the provisions of this Act;
(d) perform the duties and exercise the powers imposed or conferred upon the Transport Manager by this Act in his absence or on failure by him to perform or exercise the same.
(3A) (a) The Municipal Commissioner shall consult the Mayor in respect of any proposal involving policy, of development work on a large scale or having a large financial implication, before such proposal is submitted to the Standing Committee or to any other Committee.
(b) Where the Mayor considers that any proposal involving development work is necessary to be undertaken, he may direct the Municipal Commissioner to place such proposal before the Municipal Corporation, Standing Committee or any other Committee, for its consideration.
(c) The Municipal Commissioner shall, while submitting any proposal to the Standing Committee or other Committees, send simultaneously a copy of such proposal to the Mayor for information.
[(3AA)
The Mayor may convene a meeting of the Deputy Mayor, Municipal Commissioner, Officers, Chairman and Members of the Committees of the Corporation for reviewing the action taken in pursuance of the resolution passed by the Corporation, Standing Committee or other Special Committees of the Corporation in respect of undertaking the development works. The mayor may assign inter-se priority to such development works to be undertaken and give direction to the Municipal Commissioner to get such work to be undertaken immediately according to priority so assigned and the Municipal Commissioner shall, subject to the provisions of this Act, carry out such directions.]
(4) Subject, whenever expressly so directed in this Act, to the approval of the Corporation or the Transport Committee and subject also to all other restrictions, limitations and conditions imposed by this Act, the entire executive power for the purpose of carrying out the provisions of Chapter XX vests in the Transport Manager who shall also,-
(a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by this Act and perform such other duties in connection with the Transport Undertaking as may be required of him by the Transport Committee;
(b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of, all municipal officers and servants appointed under Chapter XX and, subject to the regulations, dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances;
(c) in any emergency, take such immediate action for the protection of human life or of the property of the Corporation or for the maintenance of the service provided to the public by the Transport Undertaking as the emergency shall appear to him to justify or require, reporting forthwith to the Transport Committee when he has done so, the action he has taken and his reason for taking the same and the amount of cost, if any, incurred, or likely to be incurred in consequence of such action, which is not covered by a budget grant under the provisions of this Act.
### 68. Commissioner to exercise powers and perform duties of Corporation under other laws. - (1) Any powers, duties and functions conferred or imposed upon or vested in the Corporation by any other law for the time being in force shall, subject to the provisions of such law and to such restrictions, limitations and conditions as the Corporation may impose, be exercised, performed or discharged by the Commissioner.
(2) The Commissioner may with the approval of the Standing Committee by order in writing, empower any municipal officer to exercise, perform or discharge any such power, duty or function under the control of the Commissioner and subject to his revision and to such conditions and limitations, if any, as he shall think fit to prescribe.
### 69. Municipal officers may be empowered to exercise certain of the powers, etc. of the Commissioner or the Transport Manager. - (1) Subject to the provisions of sub-sections (2) and (3) any of the powers, duties or functions [including powers, duties or functions of a judicial or a Quasi judicial nature], conferred or imposed upon or vested in the Commissioner or the Transport Manager by or under any of the provisions of the Act may be exercised, performed or discharged, under the control of the Commissioner or the Transport Manager, as the case may be, and subject to his revision and to such conditions and limitations, if any, as may be prescribed by rules, or as he shall think fit to prescribe in a manner not inconsistent with the provisions of this Act or rules, by any municipal officer whom the Commissioner or the Transport Manager generally or specially empowers by order in writing in this behalf; and to the extent to which any municipal officer is so empowered the word "Commissioner" and the words "Transport Manager" occurring in any provision in this Act, shall be deemed to include such officer.
[Provided that nothing in this sub-section shall be deemed to empower-
(i) the Commissioner or the Transport Manager to exercise control over, or
(ii) the State Government, the Corporation, the Commissioner or the Transport Manager to prescribe any conditions or limitations in regard to, the exercise, performance or discharge of powers, duties or functions of a judicial or Quasi-judicial nature, by a municipal officer under this subsection.]
(2) The Commissioner shall not, except with the prior approval of the Standing Committee, make an order under sub-section (1) affecting his powers, duties or functions under any of the following sections, sub sections and clauses, namely:-
### 10. (l) (h)
, 12(1) , 18(1), 26(2), 43(2), 43(4), 43(5), 51(2), 67(3)(b), 67(3)(c), 67(3)(d), 71(2), 73, 77, 78(1), 85, 86, 87, 90, 92(2), 94, 95, 121, 122, 125, 126, 130(l)(b), 131(1), 134, 137, 144, 152, 154, 160, 174, 176, 177, 188, 195, 196, 197, 201, 205, 207, 208, 209, 210, 212, 213, 214, 216, 220, 224, 232, 243, 268, 269, 270, 272(2), 273, 274, 275(1), 277, 278, 281, 298, 300, 301, 303, 304, 305, 310, 317, 319, 321, 322, 323, 324, 325, 328, 329, 330, 331, 332, 363, 364, 371(2), 373, 386(2), 439(3), 439(4), 441, 442, 445, 466, 481 except clause (a) of sub-section (1).
(3) The Transport Manager shall not except with the prior approval of the Transport Committee, make an order under sub-section (1) affecting his powers, duties or functions under any of the following provisions, namely:-
### 43. (5) , 67(4)(b), 67 (4)(c), 71(2), 73, 97, 344, 346, 348, 354, 355, 356, 358, 362. 481 except clause (a) of sub-section (1).
### 70. Corporation may call for extracts from proceedings, etc. from the Standing Committee, etc. - The Corporation may at any time call for any extract from any proceedings of any Committee or sub-committee constituted under this Act, and for any return, statement, account or report concerning or connected with any matter with which any such Committee or sub-committee is empowered by or under this Act to deal; and every such requisition shall be complied with by the Committee or sub-committee, as the case may be, without unreasonable delay.
### 71. Corporation may require Commissioner to produce documents and furnish returns, reports, etc. - (1) The Corporation may at any time require the Commissioner-
(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Commissioner, or which is recorded or filed in his office or in the office of any municipal officer or servant subordinate to him;
(b) to furnish any return, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the municipal Government of the City;
(c) to furnish a report by himself or to obtain from any officer subordinate to him and furnish, with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal Government of the City.
(2) Except as is hereinafter provided, every such requisition shall be complied with by the Commissioner without unreasonable delay; and it shall be incumbent on every municipal officer and servant to obey any order made by the Commissioner in pursuance of any such requisition:
Provided that if, on such requisition as aforesaid being made, the Commissioner shall declare that immediate compliance therewith would be prejudicial to the interests of the Corporation or of the public, it shall be lawful for him to defer such compliance until a time not later than the second ordinary meeting of the Corporation after he shall have declared as aforesaid.
(3) If at such meeting, or any meeting subsequent thereto, the Corporation shall repeat the requisition, and it shall then still appear to the Commissioner inexpedient to comply therewith, he shall make a declaration to that effect, whereon it shall be lawful for the Corporation to elect one councillor who, with the Mayor and the Chairman of the Standing Committee or, if the Mayor is also Chairman of the Standing Committee, with the Mayor and one Member of its own body elected by the Standing Committee shall form a committee who shall engage to keep secret, save as hereinafter provided, the existence and purport of such documents and matters as may be disclosed to them; and to whom the Commissioner shall be bound to make known and to disclose all writings and matters within his knowledge, under his control or available to him, and embraced within the requisition.
(4) The said committee having taken cognizance of the information, writings and matters so laid before them shall determine, by a majority in case of difference, whether or not the whole or any part, and which part, if any, of such matters ought to be disclosed to the Corporation or kept secret for a defined time. Such decision of the committee shall be conclusive and shall be reported to the Corporation at the next ordinary meeting thereof, where also the Commissioner shall be bound to produce documents and to make any report or statement requisite to give effect to the decision of the committee when called on to do so by the Corporation.
(5) In their application to matters relating to the Transport Undertaking, the provisions of sub-sections (1) to (4) shall have effect as if for the word "Commissioner" the word "Transport Manager" and for the words "Standing Committee" the words "Transport Committee" had been substituted.
### 72. Exercise of power to be subject to sanction by Corporation of the necessary expenditures. - The exercise by any municipal authority of any power conferred or the performance of any duty imposed by or under this Act which will involve expenditure shall, except in any case specified in sub-section (2) of section 86 or in sub-section (2) of section 355, be subject to the conditions that-
(a) such expenditure, so far as it is to be incurred in the official year in which such powers exercised or duty performed, is provided for under a current budget-grant; and
(b) if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said official year the sanction of the Corporation is taken before liability for such expenditure is incurred.
Chapter VII
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Contracts
### 73. Power to Commissioner to execute contracts on behalf of Corporation. - With respect to the making of contracts under or for any purpose of this Act, including contracts relating to the acquisition and disposal of immovable property of any interest therein, the following provisions shall have effect, namely.-
(a) every such contract shall be made on behalf of the Corporation by the Commissioner;
(b) no such contract for any purpose which, in accordance with any provision of this Act, the Commissioner may not carry out without the approval or sanction of some other municipal authority, shall be made by him until or unless such approval or sanction has first been duly given;
(c) no contract which will involve an expenditure exceeding five thousand rupees or such higher amount as the Corporation may, with the approval of the [State] Government, from time to time prescribe, shall be made by the Commissioner unless the same is previously approved by the Standing Committee:
(d) every contract made by the Commissioner involving an expenditure exceeding one thousand rupees and not exceeding five thousand rupees or such higher amount as may for the time being be prescribed under clause (c) shall be reported by him, within fifteen days after the same has been made, to the Standing Committee;
(e) the foregoing provisions of this section shall, as far as may be, apply to every contract which the Commissioner shall have occasion to make in the execution of this Act; and the same provisions of this section which apply to an original contract shall be deemed to apply also to any variation or discharge of such contract.
### 74. Mode of executing contracts. - (1) The mode of executing contracts under this Act shall be as prescribed by rules.
(2) No contract which is not made in accordance with the provisions of this Act, and the rules shall be binding on the Corporation.
### 75. Contracts relating to Transport Undertaking. - For the purposes of contracts relating exclusively to the Transport Undertaking, the provisions of section 73 and those of Chapter V of the Schedule shall apply as if for the word "Commissioner" wherever it occurs the words, "Transport Manager" and for the words "Standing Committee" wherever they occur the words "Transport Committee" had been substituted.
Chapter VIII
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Municipal Property
Acquisition of Property
### 76. Powers of Corporation as to acquisition of property. - (1) The Corporation shall, for the purposes of this Act, have power to acquire and hold movable and immovable property or any interest therein whether within or without the limits of the City.
(2) All immovable and other property, wherever situate, which on the date immediately preceding the appointed day vested-
(a) in any municipality or local authority which has been superseded by or under this Act in consequence of the inclusion in the City of the area for which it was constituted, or
(b) in [the State Government] by reason of the supersession or dissolution of such municipality or local authority under any law relating to such municipality or local authority,
shall upon and after the said day vest in and be held by the Corporation having jurisdiction in such City as trustees for the purposes of this Act but subject to all trusts, charges and liabilities affecting the same.
(3) All primary schools, with their lands, buildings, records and equipment and all other properties, movable or immovable, which on the date immediately preceding the appointed day vested, under the provisions of section 12 of the Bombay Primary Education Act, 1947 (Bombay LXI of 1947), in the District School Board of the district in which such City is situated in respect of any area which is included in such City shall, upon and after the said day, vest in, and be held by, the Corporation as trustees for the purposes of this Act, but subject to all trusts, charges and liabilities affecting the same:
Provided that, in the event of any question, dispute or doubt arising as to whether any particular property shall so vest in and be held by the Corporation, the matter shall be referred to the [State] Government whose decision thereon shall be final.
(4) The [State] Government may, by order in writing, direct that any immovable or other property situated in, or pertaining to, and area included within the limits of any City which, on the appointed day, was vested in a local authority whose jurisdiction extended beyond such area shall vest in and be held by the Corporation as trustees for the purposes of this Act, but subject to all trusts, charges and liabilities affecting the same.
(5) Any immovable property which may be transferred to the Corporation by the Government shall be held by it subject to such conditions, including resumption by the Government on the occurrence of a specified contingency, and shall be applied to such purposes as the Government may impose or specify when the transfer is made:
[Provided that in the event of the resumption of any immovable property by the State Government otherwise than only for a breach of any condition on which the property was held by the Corporation, the Corporation shall be entitled to compensation equal to the value of any improvement of such immovable property made by the Corporation and such value shall be determined in accordance with the provisions of the Land Acquisition Act, 1894 (1 of 1894).]
### 77. Acquisition of immovable property. - (1) Whenever it is provided by this Act that the Commissioner may acquire or whenever it is necessary or expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such property may be acquired by the Commissioner on behalf of the Corporation by agreement on such terms and at such rates or prices or at rates or prices not exceeding such maxima as shall be approved by the Standing Committee either generally for any class of cases or specially in any particular case.
(2) Whenever, under any provision of this Act, the Commissioner is authorised to agree to pay the whole or any portion of the expenses of acquiring any immovable property, he shall do so on such terms and at such rates or prices or at rates or prices not exceeding such maxima as shall be approved by the Standing Committee as aforesaid.
(3) The Commissioner may on behalf of the Corporation acquire by agreement any easement affecting any immovable property vested in the Corporation, and the provisions of sub-sections (1) and (2) shall apply to such acquisition.
### 78. Procedure when immovable property cannot be acquired by agreement. - (1) Whenever the Commissioner is unable under section 77 to acquire by agreement any immovable property or any easement affecting any immovable property vested in the Corporation or whenever any immovable property or any casement affecting any immovable property vested in the Corporation is required for the purposes of this Act, the [State] Government may, in its discretion, upon the application of the Commissioner made with the approval of the Standing Committee and subject to the other provisions of this Act, order proceedings to be taken for acquiring the same on behalf of the Corporation, as if such property or easement were land needed for a public purpose within the meaning of the Land Acquisition Act, 1894 (I of 1894).
(2) Whenever an application is made under sub-section (1) for the acquisition of land for the purpose of providing a new street or for widening or improving an existing street it shall be lawful for the Commissioner to apply for the acquisition of such additional land immediately adjoining the land to be occupied by such new street or existing street as is required for the sites of buildings to be erected on either side of the street, and such additional land shall be deemed to be required for the purposes of this Act.
(3) The amount of compensation awarded and all other charges incurred in the acquisition of any such property shall, subject to all other provisions of this Act, be forthwith paid by the Commissioner and thereupon the said property shall vest in the Corporation.
Disposal of Property
### 79. Provisions governing the disposal of municipal property. - With respect to the disposal of property belonging to the Corporation, other than property vesting in the Corporation exclusively for the purposes of the Transport Undertaking the following provisions shall have effect, namely:-
(a) the Commissioner may, in his discretion, dispose of by sale, letting out on hire or otherwise, any moveable property belonging to the Corporation not exceeding in value in each instance five hundred rupees or such higher amount as the Corporation may, with approval of the [State] Government, from time to time determine, or grant a lease of any immoveable property belonging to the Corporation including any right of fishing or of gathering and taking fruit, and the like, for any period not exceeding twelve months at a time:
Provided that, the Commissioner shall report to the Standing Committee every lease of immoveable property within fifteen days of the grant thereof unless it is a contract for a monthly tenancy or the annual rent thereof at a rack rent does not exceed three thousand rupees;
(b) with the sanction of the Standing Committee the Commissioner may dispose of by sale, letting out on hire or otherwise any moveable property belonging to the Corporation, of which the value does not exceed five thousand rupees; and may with the like sanction grant a lease of any immoveable property belonging to the Corporation, including any such right as aforesaid, for any period exceeding one year or sell or grant a lease in perpetuity of any immoveable belonging to the Corporation the value or premium whereof does not exceed fifty thousand rupees or the annual rental whereof does not exceed three thousand rupees;
(c) with the sanction of the Corporation, the Commissioner may lease, sell, let out on hire or otherwise convey any property, moveable or immoveable belonging to the Corporation;
(d) the consideration for which any immoveable property or any right belonging to the Corporation may be sold, leased or otherwise transferred shall not be less than the current market value of such premium, rent or other consideration;
[Provided that any such sale, lease or transfer to a member of a Scheduled Castes, Scheduled Tribe or any other backward class specified as such class in an order of the President under clause (3) of article 338 of the Constitution or any such sale, lease or transfer to a public charitable trust for the purpose of construction or maintenance of a public hospital may be effected, with the prior sanction of the State Government, for a consideration less than such market value to such extent as the State Government may approve;]
(e) the sanction of the Standing Committee or of the Corporation under clause (b) or clause (c) may be given either generally for any class of cases or specially in any particular case;
(f) the aforesaid provisions of this section and the provisions of the rules shall apply, respectively, to every disposal of property belonging to the Corporation made under or for any purpose of this Act:
Provided that,-
(a) no property vesting in the Corporation for the purpose of any specified trust shall be leased, sold or otherwise conveyed in such a manner that the purpose for which it is held will be prejudicially affected;
(b) no property transferred to the Corporation by the Government shall be leased, sold or otherwise conveyed in any manner contrary to the terms of the transfer except with the prior sanction of the appropriate Government;
79A. Obligation annexed to property binding on transferee. - Where-
[(1) the Commissioner has transferred by way of sale or exchange any immovable property belonging to the Corporation and the terms of such transfer direct that the property shall be applied or enjoyed in a particular manner or the use or enjoyment thereof shall be restricted in a particular manner, or
(2) the owner of any immovable property has entered into an agreement with the Corporation concerning the application, enjoyment or use of the property in a particular manner, such term, condition or obligation shall be held to be annexed to the property which is the subject-matter of the transfer or agreement and shall be enforced against the transferee or owner and all persons deriving title or interest under or through him, notwithstanding-
(a) any law for the time being in force, and
(b) that the Corporation are not in possession of or interested in any immovable property for the benefit of which, the term, condition or obligation was agree to, entered into or imposed.]
### 80. Decision of claims to property by or against the Corporation. - (1) Where any immoveable property or any right in or over any such property is claimed by or behalf of the Corporation, or by any person as against the Corporation, it shall be lawful for the Collector after formal inquiry, of which due notice has been given to pass an order deciding the claim.
(2) The Corporation or any person aggrieved by an order passed by the Collector under sub-section (1) may, notwithstanding anything contained in any law for the time being in force, within one year from the date on which the Corporation or such person had due notice of such order, institute a suit in any competent civil court to set aside such other or to claim a relief inconsistent therewith.
If any such suit is instituted after the expiration of one year from the date on which the notice of such order has been given such suit shall be dismissed although limitation has not been set up as a defence.
(3) The Collector may, by general or special order, delegate the powers conferred on him under this section to an Assistant or Deputy Collector or a Survey Officer as defined in the Bombay Land Revenue Code, 1879 (Bombay V of 1879).
(4) The formal inquiry referred to in this section shall be conducted in accordance with the provisions of the aforesaid Code.
(5) A person shall be deemed to have had due notice of an inquiry or order under this section if notice thereof has been given in accordance with rules made in this behalf by the [State] Government.
### 81. Power of Corporation to enforce covenants against owner for the time being of land. - A covenant concerning any immovable property for the purposes of this Act entered into with the Corporation by the owner of such property or by any person to whom such property of the Corporation has been transferred by sale or exchange shall be enforceable by the Corporation against any person deriving title under the covenant or notwithstanding that the Corporation is not in possession of, or interested in, any immoveable property for the benefit of which the covenant was entered into, in like manner and to the like extent as if it had been possessed or interested in such property.
Chapter IX
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The Municipal Fund and other Funds
The Municipal Fund
### 82. Constitution of Municipal Fund. - Subject to the provisions of this Act and the rules and subject to the provisions of section 44 of the Bombay Primary Education Act, 1947 (Bombay LXI of 1947),-
(a) all moneys received by or on behalf of the Corporation under the provisions of this Act or of any other law for the time being in force, or under any contracts,
(b) all proceeds of the disposal of property by or on behalf of the Corporation,
(c) all rents accruing from any property of the Corporation,
(d) all moneys raised by any tax levied for the purposes of this Act,
(e) all fees and fines payable and levied under this Act or under any rules, bye-law, regulation or standing order other than fines imposed by a Court,
(f) all moneys received by way of compensation or for compounding offences under the provisions of this Act,
(g) all moneys received by or on behalf of the Corporation from the Government or public bodies, private bodies or private individuals by way of grant or gift, or deposit, subject, however to the conditions, if any, attached to such grant, gift or deposit, and
(h) all interest and profits arising from any investment of, or from any transaction in connection with, any money belonging to the Corporation shall be credited to a fund which shall be called "the Municipal Fund" and which shall be held by the Corporation in trust for the purposes of this Act, subject to the provisions herein contained.
### 83. Commissioner to receive payments on account of Municipal Fund and to lodge them in bank. - All moneys payable to the credit of the Municipal Funds shall be received by the Commissioner and shall be forthwith paid into the Imperial Bank of India [or any other scheduled bank] [or an approved co-operative bank] to the credit of an account which shall be styled "the account of the Municipal Fund of....";
Provided that the Commissioner may, subject to any general or special directions issued by the Standing Committee, retain such balances in cash as may be necessary for current payments:
[Provided further that the amount of money to be paid into an approved co-operative bank shall not exceed such amount as may be specified by the Sate Government generally or specially in respect of any approved co-operative bank.]
### 84. How the Fund shall be drawn against. - (1) Subject to the provisions of section 449 no payment shall be made by any bank aforesaid out of the Municipal Fund except on a cheque signed by the Chief Accountant or the Deputy Accountant or, if there are no post of Deputy Accountant by the officer immediately subordinate to the Chief Accountant and by the Commissioner or the Deputy Commissioner or the Assistant Commissioner.
(2) Payment of any sum due by the Corporation in excess of one hundred rupees or such higher amount as the Standing Committee from time to time fixes generally or for any specified class of payments shall be made by means of a cheque signed as aforesaid and not in any other way.
(3) Payment not covered by sub-section (2) may be made by the Commissioner in cash and cheques for sums not in excess of two thousand rupees each, signed as aforesaid, may be drawn from time to time to cover such payments if the amount of cash in hand is insufficient for the purpose.
### 85. Deposit of portion of Municipal Fund may be made with bank or agency out of City when convenient. - Notwithstanding anything contained in section 83 and 84, the Commissioner may, with the previous approval of the Standing Committee, from time to time remit to and deposit with a bank or other agency at any place beyond the City any portion of the Municipal Fund, and any moneys payable to the credit of the Municipal Fund or chargeable there against which can, in the opinion of the Commissioner, be most conveniently paid into or out of the account of the Corporation at any such bank or agency, may be so paid.
### 86. Restrictions on expenditure from Municipal Fund. - (1) Except as hereinafter provided, no payment of any sum shall be made by the Commissioner out of the Municipal Fund, unless the expenditure of the same is covered by a current budget grant, and sufficient balance of such budget grant is still available, notwithstanding any reduction or transfer thereof which may have been made under the rules.
(2) The following items shall be excepted from the prohibition in sub-section (1), namely:-
(a) sums of which the expenditure has been sanctioned by the Standing Committee under section 102;
(b) temporary payments under section 90 for works urgently required in the public service;
(c) refunds of taxes and other moneys which the Commissioner is by or under this Act authorised to make;
(d) repayments of moneys belonging to contractors or other persons held in deposit and of moneys collected or credited to the Municipal Fund by mistake;
(e) sums which under any provisions of this Act or any other enactment are payable by way of compensation;
(f) sums payable in any of the circumstances mentioned in clause (h) of section 88;
(g) expenses incurred by the Commissioner in the exercise of the powers conferred upon him by section 319;
(h) costs incurred by the Commissioner under clause (c) of sub-section (3) of section 67.
### 87. Procedure when money not covered by budget grant is expended under clause (e) , (f), (g) or (h) of sub-section (2) of section 86. - Whenever any sum is expended by the Commissioner under clause (e), (f), (g) or (h) of sub-section (2) of section 86 he shall forthwith communicate the circumstances to the Standing Committee, who shall take such action under the rules or recommend the corporation to take, under section 101 or under the rules, such action as shall in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.
### 88. Purpose for which Municipal Fund is to be applied. - The moneys from time to time, credited to the Municipal Fund shall be applied in payment of all sums, charges, and costs necessary for carrying this Act into effect, or of which the payment shall be duly directed or sanctioned under any of the provisions of this Act or any other law for the time being in force inclusive of-
(a) the expenses of every ward election;
(b) the salary, joining time allowances, and other allowances of the Commissioner and of leave and pension contribution, if any, payable on his account to the [State] Government;
(c) the salaries and other allowances of all municipal officers and servants and all contributions to provident funds, pensions, gratuities and compassionate allowances payable under the provisions of this Act or the regulations or of the statement framed under this Act for the time being in force;
(d) all expenses and costs incurred by the Commissioner in the exercise of any power or the discharge of any duty conferred or imposed upon him by this Act, including moneys which he is required or empowered to pay by way of compensation;
(e) the grant payable under section 44 of the Bombay Primary Education Act, 1947 (Bombay LXI of 1947), to the Primary Education Fund maintained thereunder for the City;
(f) the loans advanced under the rules for building purposes;
(g) any sum chargeable under section 108;
(h) every sum payable,-
(i) under section 422 or sub-section (1) of section 449 to the [State] Government;
(ii) under a decree or order of a civil or criminal court passed against the Corporation or against the Commissioner, Deputy Commissioner or Assistant Commissioner ex-officio;
(iii) under a compromise of any suit or other legal proceeding or claim effected under section 481;
(i) contributions to public institutions;
(j) expenses incurred on the provision of traffic signs.
### 89. Municipal Fund where to be expended. - Expenditure by the Corporation out of the Municipal Fund shall, save as otherwise provided by this Act, be made within the City only, but may, by a resolution of the Corporation supported by not less than half the total number of councillors, be made outside the City for any of the purposes of this Act.
### 90. Temporary payments from Municipal Fund for works urgently required for public service. - (1) On the written requisition of such officer as the [State] Government may specially authorised in this behalf the Commissioner may at any time undertake the execution of any work certified by such officer to be urgently required in the public service, and for this purpose may temporarily make payments from the Municipal Fund, so far as the same can be made without unduly interfering with the regular working of the municipal administration.
(2) The cost of all work executed under sub-section (1) and of the establishment engaged in executing the same shall be paid by the [State] Government and credited to the Municipal Fund.
(3) On receipt of a requisition under sub-section (1) the Commissioner shall forthwith forward a copy thereof to the Corporation, together with a report of the action taken by him thereon.
Special Funds
### 91. Constitution of Special Funds. - The Corporation may constitute such special funds as are prescribed by rules and such other funds as may be necessary for the purpose of this Act. The constitution and disposal of such funds shall be effected in the manner prescribed by rules.
Disposal of Balances
### 92. Investment of surplus moneys. - (1) Surplus moneys at the credit of the Municipal Fund which cannot immediately or at an early date be applied to the purposes of this Act or of any loan raised thereunder may be, from time to time, deposited at interest in the Imperial Bank of India [or any other scheduled bank] [or an approved cooperative bank] or be invested in public securities:
[Provided that the amount of money to be deposited in an approved co-operative bank shall not exceed such amount as may be specified by the State Government generally or specially in respect of any approved co-operative bank.]
(2) All such deposits and investments shall be made by the Commissioner on behalf of the Corporation with the sanction of the Standing Committee and, with the like sanction, the Commissioner may at any time withdraw any deposit so made or dispose of any securities and redeposit or reinvest the money so withdrawn or the proceeds of the disposal of such securities.
(3) The loss, if any, arising from any such deposit or investment shall be debited to the Municipal Fund.
Accounts
### 93. Accounts to be kept in forms prescribed by Standing Committee. - Subject to the provisions of section 361 and of the Bombay Primary Education Act, 1947 (Bombay LXI of 1947), and the rules made thereunder, accounts of the receipts an expenditure of the Corporation shall be kept in such manner and in such forms as the Standing Committee shall from time to time direct.
### 94. Preparation of annual administration report and statement of accounts. - (1) The Commissioner shall, as soon as may be after each first day of April, have prepared a detailed report of the municipal administration of the City, other than the administration of the Transport Undertaking, during the previous official year, together with a statement showing the amounts of the receipts and disbursements credited and debited to the Municipal Fund during the said year and the balance at the credit of the Fund at the close of the said year and shall submit the same to the Standing Committee.
(2) The report shall be in such form and shall, contain such information as the Standing Committee may from time to time direct.
(3) After examination and review of the report and statement by the Standing Committee a printed copy of such report and statement together with a copy of the Committee's review shall be forwarded to the usual or last known local place of abode of each councillor by such date as the Standing Committee may from time to time prescribe and copies thereof shall be placed on sale at the municipal office at such price as the Commissioner may fix.
Annual Budget Estimate
### 95. Estimates of income and expenditure to be prepared annually by Commissioner. - The Commissioner shall each year on or before such date as the Corporation may from time to time prescribe have prepared and lay before the Standing Committee, in such form as the Committee shall from time to time approve,-
(a) an estimate, classified in accordance with the rules, of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next official year from the Municipal Fund including the amount of grant payable by the Corporation to the Primary Education Fund, and of the amounts, if any, which should in his opinion be credited to, or expended from, a special fund;.
(b) an estimate of all balances, if any, which will be available for re-appropriation or expenditure at the commencement of the next official year;
(c) an estimate of the Corporation's receipts and income for the next official year other than from taxation and from the Transport Undertaking;
(d) a statement of proposals as to the taxation which it will, in his opinion, be necessary or expedient to impose under the provisions of this Act in the next official year and an estimate of the receipts from taxation;
(e) an estimate of the amounts due to be transferred during the next official year from the Transport Fund.
Explanation. - The balance, if any, available in any special fund shall not be deemed to be available for re-appropriation or expenditure at the commencement of the next official year under clause (b) except in relation to expenditure which may be met from such fund under the rules, and the Commissioner shall determine whether the whole or any part of such balance shall be taken into account as available for such expenditure at the commencement of the next official year.
### 96. Budget estimates to be prepared by Standing Committee. - (1) The Standing Committee shall consider the estimates and proposals of the Commissioner and after having obtained from the Commissioner such further detailed information, if any, as it shall think fit to require, and having regard to all the requirements of this Act, shall frame therefrom subject to such modifications and additions therein or thereto as it thinks fit a Budget Estimate to be called "budget estimate" `A' of the income and expenditure of the Corporation other than the income and expenditure in respect of the Transport Undertaking for the next official year.
(2) In budget estimate `A' the Standing Committee shall,-
(a) propose with reference to the provisions of Chapter XI such rates and extent of municipal taxes as it thinks fit;
(b) allow for the appropriation to any special fund of the sum estimated by the Commissioner, revised as it thinks proper;
(c) provide for payment as they fall due, of all sums and of all instalments of principal and interest for which the Corporation may be liable under this Act other than sums and instalments of principal and interest for which the Corporation may be liable by reason of the acquisition, extension, administration, operation and maintenance of the Transport Undertaking;
(d) provide for such expenditure, if any, as it considers necessary to defray from the balance in any special fund;
(e) allow for a cash balance at the end of the said year exclusive of the balance, if any, of any special fund of not less than one lakh of rupees or such smaller amount as the [State] Government may from time to time approve.
(3) The Commissioner shall cause the budget estimate framed by the Standing Committee to be printed and shall, by such date as the Corporation may from time to time prescribe, forward a printed copy thereof to the usual or last known local place of abode of each councillor.
(4) The budget estimates framed by the Standing Committee shall be laid before the Corporation and it shall proceed to consider the same within fifteen days of the date referred to in sub-section (3).
### 97. Estimates to expenditure and income of the Transport Undertaking to be prepared annually by Transport Manager. - The Transport Manager shall each year, on or such date as the Corporation may from time to time fix, have prepared and lay before the Transport Committee in such forms as the Committee shall from time to time approve,-
(a) an estimate, classified, in accordance with the rules, of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next ensuing official year on account of the Transport Undertaking and of the amounts, if any, which should in his opinion be credited to, or expended from, a special fund;
(b) an estimate of all balances, if any, which will be available for re-appropriation or expenditure at the commencement of the next ensuing official year, and an estimate of the amounts to be transferred to the Municipal Fund during the next ensuing financial year under sections 359 and 360;
(c) an estimate of the Corporation's receipts and income from the Transport Undertaking in the next ensuing official year.
Explanation. - The balance, if any, available in any special fund shall not be deemed to be available for re-appropriation or expenditure at the commencement of the next official year under clause (b) except in relation to expenditure which may be met from such fund under the rules, and the Transport Manager shall determine whether the whole or any part of such balance shall be taken into account as available for expenditure at the commencement of the next official year.
### 98. Budget Estimate `B' to be prepared (by Transport Committee. - (1) The Transport Committee shall consider the estimates of the Transport Manager and, after having obtained from the Transport Manager such further detailed information, if any, as it shall think fit to require, and having regard to all the requirements of this Act, shall frame therefrom, subject to such modifications and additions therein or thereto as it shall think fit, a budget estimate, to be called "budget estimate `B' of the income and expenditure for the next official year to be received and incurred in respect of the Transport Undertaking.
(2) in budget estimate "B" the said Committee shall,-
(a) provide for the payment as they fall due, of all sums and of all instalments of principal and interest for which the corporation may be liable under this Act by reason of the acquisition, extension, administration, operation and maintenance of the Transport Undertaking;
(b) allow for the appropriation to any special fund of the sum estimated by the Transport Manager, revised as it thinks proper;
(c) allow for the amounts to be transferred during the next ensuing official year to the Municipal Fund as provided in sections 359 and 360;
(d) provide for such expenditure, if any, as it considers necessary to defray from the balance in any special fund;
(e) allow for a cash balance at the end of the said year exclusive of the balance, if any, of any special fund of not less than one lakh of rupees or such smaller amount as the Corporation may from time to time fix.
(3) The Transport Manager shall lay budget estimate "B" as framed by the Transport Committee before the Standing Committee on or before such date as the Corporation may from time to time fix in this behalf and the Standing Committee shall prepare a report to the Corporation thereon, incorporating the remarks and recommendations, if any, of the Standing Committee.
(4) The Municipal Secretary shall cause budget estimate "B" and the report of the Standing Committee thereon to be printed and shall, not later than such date as the Corporation may from time to time fix in this behalf, forward a printed copy thereof to the usual or last known local place of abode of each councillor.
### 99. Fixing of rates of taxes. - The Corporation shall, on or before the twentieth day of February, after considering the Standing Committee's proposals in this behalf, determine, subject to the limitations and conditions prescribed in Chapter XI, the rates at which municipal taxes referred to in sub-section (1) of section 127 shall be levied in the next ensuing official year and the rates at and the extent to which any of the taxes referred to in sub-section (2) of the said section which the Corporation decides to impose shall be levied in the next ensuing official year.
### 100. Final adoption of budget estimates. - Subject to the requirements of section 99, the Corporation may refer budget estimate "A" back to the Standing Committee and budget estimate "B" back to the Transport Committee for further consideration or adopt the budget estimates or any revised budget estimates submitted to it either as they stand or subject to such alterations as it deems expedient:
Provided that the budget estimates finally adopted by the Corporation shall fully provide for each of the matters specified in clauses (c) and (e) of sub-section (2) of section 96 and for each of the matters specified in clauses (a), (c) and (e) of sub-section (2) of section 98, as the case may be:
Provided further that if the budget estimates are not finally adopted by the Corporation on or before the thirty-first day of March the estimates as recommended by the Standing Committee or the Transport Committee, as the case may be, shall be deemed to be budget estimates finally adopted by the Corporation until the estimates are so adopted.
### 101. Corporation may increase amount of budget grants and make additional grants. - (1) On the recommendation of the Standing Committee in the case of expenditure from the Municipal Fund and the Transport Committee in the case of expenditure from the Transport Fund, the Corporation may from time to time during an official year increase the amount of any budget grant, or make an additional budget grant for the purpose of meeting any special or unforeseen requirements arising during the said year, but not so that the estimated cash balance at the close of the year exclusive of the balance, if any, of any special fund shall be reduced below one lakh of rupees or such other amount as may have been fixed for the time being by the Corporation in the case of either the Municipal Fund or the Transport Fund.
(2) Such increased or additional budget grants shall be deemed to be included in the budget estimates adopted by the Corporation for the year in which they are made.
### 102. Provision as to unexpended budget grants. - If the whole budget grant or any portion thereof remains unexpended at the close of the year in the budget estimates for which such grant was included, and if the amount thereof has not been taken into account in the opening balance of the Municipal Fund or the Transport Fund, as the case may be, entered in the budget estimates of any of the two following years, the Standing Committee or the Transport Committee, as the case may be, may sanction the expenditure of such budget grants or such unexpended portion thereof, as the case may be, during the next two following years for the completion, according to the original intention or sanction, of the purpose or object for which the budget grant was made, but not upon any other purpose or object.
### 103. Reductions or transfers. - Reductions in and transfers from one budget head to another or within a budget head shall be made in accordance with the rules.
### 104. Readjustments of income and expenditure to be made by the Corporation during course of official year whenever necessary. - (1) If it shall at any time during any official year appear to the Corporation upon the representation of the Standing Committee or the Transport Committee that, notwithstanding any reduction of budget grants that may have been made by the appropriate Committee under the rules, the income of the Municipal Fund or the Transport Fund, as the case may be, during the said year will not suffice to meet the expenditure sanctioned in the budget estimates of the said year as so reduced and to leave at the close of the year a cash balance exclusive of the balance, if any, of any special fund of not less than one lakh of rupees or such other amount as may have been fixed for the time being by the Corporation in the case of either the Municipal Fund or the Transport Fund, it shall be incumbent on the Corporation to sanction forthwith any measure which shall be necessary for proportioning the year's income to the expenditure.
(2) For this purpose the Corporation may diminish the sanctioned expenditure of the year, so far as it may be possible so to do with due regard to the provisions of this Act or to the obligations pertaining to the Transport Undertaking, or have recourse to supplementary taxation or a revision of fares and charges levied in respect of the Transport Undertaking as the case may be.
Scrutiny and Audit of Accounts
### 105. Weekly scrutiny of accounts by Municipal Chief Auditor and scrutiny of accounts by the Standing Committee. - (1) The Municipal Chief Auditor shall conduct a weekly examination and audit of the municipal accounts and shall report thereon to the Standing Committee who may also from time to time and for such period as it thinks fit conduct independently an examination and audit of the municipal accounts.
(2) For these purposes, the Standing Committee and the Municipal Chief Auditor shall have access to all the municipal accounts and to all records and correspondence relating thereto and the Commissioner shall forthwith furnish to the Standing Committee or the Municipal Chief Auditor any explanation concerning receipts and disbursements which they may call for.
### 106. Report by the Chief Auditor. - (1) The Municipal Chief Auditor shall-
(a) report to the Standing Committee any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of money due to the Corporation or in the municipal accounts;
(b) furnish to the Standing Committee such information as the said Committee shall from time to time require concerning the progress of the audit.
(2) The Standing Committee shall cause to be laid before the Corporation every report made by Municipal Chief Auditor to the Standing Committee and every statement of the views of the Municipal Chief Auditor or any matter affecting the pursuance and exercise of the duties and powers assigned to him under this Act which the Municipal Chief Auditor may require the Standing Committee to place before the Corporation together with a report stating what orders have been passed by the Standing Committee upon such report or statement, and the Corporation may take such action in regard to the matters aforesaid as the Corporation may deem necessary.
(3) As soon as may be after he commencement of each official year the Municipal Chief Auditor shall deliver to the Standing Committee a report upon the whole of the municipal accounts for the previous official year.
(4) The Commissioner shall cause the said report to be printed and forward a copy thereof to each councillor along with the printed copy of the Administration Report and Statement of Accounts referred to in section 94.
### 107. Application of sections 105 and 106 to accounts of Transport Fund. - Sections 105 and 106 shall apply to the accounts of the Transport Fund as if-
(i) for the words "Standing Committee" wherever they occur, the words "Transport Committee" and for the word "Commissioner" wherever it occurs, the words "Transport Manager" have been substituted, and
(ii) for the figures "94" in sub-section (4) of section 106, the figure "362" had been substituted.
### 108. A special audit may be directed by [State] Government. - (1) The [State] Government may at any time appoint an auditor for the purpose of making a special audit of the municipal accounts including the accounts of the Transport Undertaking and of reporting thereon to the [State] Government and the costs of any such audit as determined by the [State] Government shall be chargeable to the Municipal Fund or the Transport Fund, as the case may be.
(2) An auditor so appointed may exercise any power which the Municipal Chief Auditor may exercise.
Chapter X
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Borrowing Powers
### 109. Powers of Corporation to borrow money. - (1) The Corporation may, with the previous sanction of the [State] Government, from time to time, borrow or re-borrow and take up at interest by the issue of debentures or otherwise on the security of any immovable property vested in the Corporation on or proposed to be acquired by it under this Act or of all the taxes or of any tax which it is authorised to levy for the purposes of this Act or the Transport Undertaking, or of all or any of those securities any sum necessary for the purpose of-
(a) defraying any costs, charges or expenses, incurred or to be incurred by it in the execution of this Act;
(b) for discharging any loan contracted under this Act or any other loan or debt for the repayment of which the Corporation is liable;
(c) generally for carrying out the purposes of this Act, including the advance of loans authorised thereunder:
Provided that,-
(i) no loan shall be raised for the execution of any work other than a permanent work, which expression shall include any work of which the cost should, in the opinion of the [State] Government, be spread over a term of years;
(ii) no loan shall be raised unless the [State] Government has approved the terms on and the method by which the loan is to he raised and repaid;
(iii) the period within which the loan is to be repaid shall in no case exceed sixty years and, where a loan is raised for the repayment of a previous loan, the period within which the subsequent loan is to be repaid shall not extend beyond the unexpired portion of the period fixed for the repayment of the original loan, unless the [State] Government so directs, and shall in no case extend beyond the period of sixty years from the date on which the original loan was raised.
(2) When any sum of money has been borrowed or re-borrowed under sub-section (1),-
(a) no portion thereof shall, without previous sanction of the [State] Government, be applied to any purpose other than that for which it was borrowed; and
(b) no portion of any sum of money borrowed or re-borrowed for the execution of any work shall be applied to the payment of salaries or allowances of any municipal officers or servants other than those who are exclusively employed upon the work for the construction of which the money was borrowed:
Provided that such share of the cost on account of the salaries and allowances of municipal officers or servants employed in part upon the preparation of plans and estimate or the construction or supervision of or upon the maintenance of the accounts of such work as the Standing Committee may fix may be paid out of the sum so borrowed or re-borrowed.
### 110. Power of Corporation to borrow from banks against public securities. - Notwithstanding anything contained in section 109 the Corporation may borrow for the purposes of this act from any bank or banks in which the surplus moneys at the credit of the Municipal Fund or the Transport Fund may be deposited, against any public securities in which for the time being the cash balances of the Corporation may be invested.
110A. Corporation may take advances from banks and grant mortgages. - (1) Notwithstanding anything contained in section 109 and 110, the Corporation may, with the previous sanction of the State Government and on such terms and conditions as the State Government may impose, take from any bank or banks, credit on cash account to be opened and kept with such bank or banks in the name of the Corporation for a sum as may be fixed by the State Government from time to time on the security of all or any of the taxes which the Corporation is authorised to levy for the purpose of this Act.
[(2) The Corporation may also with the previous sanction of the State Government and on such terms and conditions as the State Government may lay down, mortgage any lands or property vesting in or belonging to the Corporation in security of the payment of the amount of such credit or of the sums advanced from time to time on such cash account with interest thereon.]
### 111. When and how loan shall be repaid. - Every loan raised by the Corporation under section 109 shall be repaid within the time approved under proviso (ii) to subsection (1) of the said section and by such of the following methods as may be approved under the said proviso, namely:-
(a) by payment from a sinking fund established under section 112 in respect of the loan;
(b) by equal payments of principal and interest;
(c) by equal payments of principal;
(d) in the case of a loan borrowed before the appointed day by annual drawings if such method was in operation for the repayment of such loan immediately before such day;
(e) from any sum borrowed for the purpose under section 109(1)(b); or
(f) partly from a sinking fund established under section 112 in respect of the loan and partly from money borrowed for the purpose under section 109(1) (b).
### 112. Maintenance and application of sinking fund. - (1) Whenever the repayment of a loan from a sinking fund has been sanctioned under proviso (ii) to sub-section (1) of section 109, the Corporation shall establish such a fund and shall pay into it, on such dates as may have been approved under the said proviso, such sum as will, with accumulations of compound interest, be sufficient after payment of all expenses to pay off the loan within the period approved:
Provided that if at any time the sum standing to the credit of the sinking fund established for the repayment of any loan is of such amount that is allowed to accumulate at compound interest it will be sufficient to repay the loan within the period approved, then with the permission of the [State] Government further payments into such fund may be discontinued.
(2) The Corporation may apply a sinking fund, or any part thereof, in or towards the discharge of the loan for which such fund was established and, until such loan or part is wholly discharged, shall not apply the same for any other purpose.
### 113. Investment of sinking fund. - (1) All money paid into a sinking fund shall within one month of the date on which the payment was due to be made under subsection (1) of section 112 be invested in public securities.
(2) All interest and other sums received in respect of any such investment shall be paid into the sinking fund and shall, within one month of receipt, be invested in the manner prescribed by sub-section (1).
(3) Money standing to the credit of two or more sinking funds may, at the discretion of the Corporation, be invested in a common fund, and it shall not be necessary for the Corporation to allocate the securities held in such investments among the several sinking funds.
(4) When any part of a sinking fund is invested in debentures issued by the Corporation or is applied in paying off any part of a loan before the period fixed for repayment, the interest which would otherwise have been payable on such debentures or on such part of the loan shall be paid into the sinking fund and invested in the manner laid down in sub-section (1).
(5) Any investment made under sub-section (1) may be varied from time to time or may be transferred from one sinking fund to another:
Provided that the fund from which the transfer is made shall be reimbursed the value of such investment as on the date on which the transfer is made.
(6) During the year in which the loan for the repayment of which a sinking fund is established is due for repayment, the sum to be set apart as portion of the principal of such sinking fund and the sum received on account of interest on moneys forming part of such sinking fund may be retained by the Corporation in such form as it thinks fit.
### 114. Investments of sinking fund and surplus moneys in debentures issued by Corporation. - (1) In respect of any sinking funds which by this Act the Corporation is directed or authorised to invest in public securities and in respect of any surplus moneys which by this Act the Commissioner or the Transport Manager on behalf of the Corporation is empowered to invest in like securities, it shall be lawful for the Corporation to reserve and set apart for the purpose of any such investment any debentures issued or to be issued on account of any loan for which the sanction of the [State] Government shall have been duly obtained:
Provided that the intention so to reserve and set apart such debentures shall have been notified to the [State] Government as a condition of the issue of the loan.
(2) The issue of any such debentures direct to and in the name of the Municipal Commissioner or the Transport Manager of the Transport Undertaking on behalf of the Corporation shall not operate to extinguish or cancel such debentures, but every debenture so issued shall be valid in all respects as if issued to and in the name of any other person.
(3) The purchase by, or the transfer, assignment or endorsement to, the Corporation or to the Commissioner or Transport Manager on behalf of the Corporation of any debenture issued by the Corporation shall not operate to extinguish or cancel any such debenture, but the same shall be valid and negotiable in the same manner and to the same extent as if held by, or transferred, assigned or endorsed to, any other person.
### 115. Annual examination of sinking funds. - (1) All sinking funds established or maintained under this Act shall be subject to annual examination by the Accountant General, Bombay, who shall ascertain whether the cash and the value of the securities belonging thereto are actually equal to the amount which should be at the credit of such funds had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom.
(2) The amount which should be at the credit of a sinking fund shall be calculated on the basis of the present value of all future payments required to be made to such fund under the provisions of this Act, on the assumption that all investments are regularly made and the rate of interest as originally estimated is obtained therefrom.
(3) The securities belonging to a sinking fund shall be valued for the purposes of this section at their current market value, except in the case of debentures issued under this Act or for any loan raised before the appointed day for which the Corporation is liable which shall always be valued at par, provided that the Corporation shall make good immediately any loss which may accrue on the actual sale of such debentures at the time of repayment of the loan.
(4) The Corporation shall forthwith pay, into any sinking fund any amount which the Accountant General, Bombay, may certify to be deficient, unless the [State] Government specially sanctions a gradual readjustment.
(5) If the cash and the value of the securities, at the credit of any sinking fund are in excess of the amount which should be at its credit, the Accountant General, Bombay, shall certify the amount of such excess sum and the Corporation may thereupon transfer the excess sum to the Municipal Fund:
Provided that the Corporation may transfer such excess sum or such portion thereof as it may determine to the Transport Fund if the sinking fund from which the transfer is made pertains to a loan which has been raised in whole or part, for the purposes of the Transport Undertaking.
(6) If any dispute arises as to the accuracy of any certificate made by the Accountant General, Bombay, under sub-section (4) and (5), the Corporation may, after making the payment or transfer, refer the matter to the [State] Government whose decision shall be final.
### 116. Provisions for loans raised before the appointed day. - In the case of all loans raised before the appointed day for which the Corporation is liable the following provisions shall apply:-
(a) if when such loans were raised the loans were made repayable from sinking funds, the Corporation shall establish sinking funds for the repayment of such loans and shall pay into such funds such sums on such dates as may have been fixed when the loans were raised;
(b) all securities and cash held on the date immediately preceding the appointed day in sinking funds established for the repayment of such loans shall be held by the Corporation as part of the sinking funds established under clause (a);
(c) the provisions of section 112 shall apply to such sinking funds;
(d) if when any such loans were raised the loans were made repayable by equal payments of principal and interest or by equal payments of principal or by annual drawings, the Corporation shall make such payments or annual drawings on such dates and in such manner as may have been fixed when the loans were raised;
(e) the provisions of section 117 shall apply to such loans.
### 117. Attachment of Municipal Fund or Transport Fund in default of repayment of loan. - (1) If any money borrowed by the Corporation or any interest or costs due in respect thereof is or are not repaid according to the conditions of the loan, the [State] Government, if it has itself given the loan, may and in other cases shall, on the application of the lender, attach the Municipal Fund or the Transport Fund or a portion of the Municipal Fund or the Transport Fund.
(2) After such attachment no person, except an officer appointed in this behalf by the [State] Government, shall in any way deal with the attached Fund or portion thereof; but such officer may do all acts in respect thereof which any municipal authority, officer or servant might have done if such attachment had not taken place and may apply the proceeds in satisfaction of the arrears and of all interest and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings:
Provided that no such attachment shall defeat or prejudice any debt for which the Fund or portion thereof attached was previously pledged in accordance with law, and all such prior charges shall be paid out of the proceeds of the Fund or portion thereof before any part of the proceeds is applied to the satisfaction of the liability in respect of which such attachment is made.
### 118. Form of debentures. - (1) Debentures issued under this Act shall be in such form as the Corporation may with the previous sanction of the [State] Government from time to time determine.
(2) The holder of any debenture in any form duly authorised under sub-section (1) may obtain in exchange therefor, upon such terms as the Corporation shall from time to time determine, a debenture in any other form so authorised.
(3) Every debenture issued by the Corporation under this Act shall be transferable by endorsement.
(4) The right to payment of the moneys secured by any of such debentures and to use in respect thereof shall vest in the holder for the time being without any preference by reason of some of such debentures being prior in date to others.
### 119. Coupons attached to debentures to bear signature of Chairman of Standing Committee and Commissioner. - All coupons attached to debentures issued under this Act shall be signed by the Chairman of the Standing Committee and the Commissioner on behalf of the Corporation and such signatures may be engraved, lithographed or impressed by any mechanical process.
### 120. Debentures issued to two or more persons jointly. - Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 (X of 1872),-
(1) when any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, the debenture or security shall be payable to the survivor or survivors of such person:
Provided that nothing in this sub-section shall affect any claim by the legal representative of a deceased person against such survivor or survivors;
(2) when two or more persons are joint holders of any debentures or security issued under this Act, any of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security unless notice to the contrary has been given to the Corporation by any other of such persons.
### 121. Issue of duplicate securities. - (1) When a debenture issued under this Act is alleged to have been lost, stolen or destroyed either wholly or in part and a person claims to be the person to whom but for the loss, theft or destruction it would be payable, he may, on application to the Commissioner, and on producing proof to his satisfaction of the loss, theft or destruction and of the justice of the claim, obtain from him an order.
(a) if the debenture alleged to have been lost, stolen or destroyed is payable more than six years after the date of publication of the notification referred to in sub-section (2),-
(i) for the payment of interest in respect of the debenture pending the issue of a duplicate debenture, and
(ii) for the issue of a duplicate debenture payable to the applicant, or
(b) if the debenture alleged to have been lost, stolen or destroyed is payable not more than six years after the date of publication of the notification referred to in sub-section (2),-
(i) for the payment of interest in respect of the debenture without the issue of a duplicate debenture, and
(ii) for the payment to the applicant of the principal sum due in respect of the debenture on or after the date on which the payment becomes due.
(2) An order shall not be passed under sub-section (1) until after the issue of such notification of the loss, theft or destruction of the debenture as may be prescribed by the Corporation, and after the expiration of such period as may be prescribed by the Corporation nor until the applicant has given such indemnity as may be required by the Corporation against the claims of all persons deriving title under the debenture lost, stolen or destroyed.
(3) A list of the debentures in respect of which an order is passed under sub-section (1) shall be published in the Official Gazette.
(4) If at any time before the Corporation becomes discharged under the provisions of section 124 from liability in respect of any debenture the whole of which is alleged to have been lost, stolen or destroyed, such debenture is found, any order passed in respect thereof under this section shall be cancelled.
### 122. Renewal of debentures. - (1) A person claiming to be entitled to a debenture issued under this Act may, on applying to the Commissioner and on satisfying him of the justice of his claim and delivering the debenture receipted in such manner and paying such fee as may be prescribed by the Commissioner, obtain a renewed debenture payable to the person applying.
(2) Where there is a dispute as to the title to a debenture issued under this Act in respect of which an application for renewal has been made, the Commissioner may,-
(a) where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such debenture, issue a renewed debenture in favour of such party,
(b) refuse to renew the debenture until such decision has been obtained, or
(c) after such inquiry as is hereinafter provided and on consideration of the result thereof, declare by order in writing which of the parties is in his opinion entitled to such debenture and may, after the expiration of three months from the date of such declaration issue a renewed debenture in favour of such party in accordance with the provisions of sub-section (1), unless within that period he has received notice that proceedings have been instituted by any person in a Court of competent jurisdiction for the purpose of establishing a title to such debenture.
Explanation. - For the purposes of this sub-section, the expression "final decision" means a decision which is not appealable or a decision which is appealable but against which no appeal has been filed within the period of limitation allowed by law.
(3) For the purposes of the enquiry referred to in sub-section (2) the Commissioner may himself record, or may request [the Presidency Magistrate specially empowered by the State Government, in Greater Bombay, and elsewhere the District Magistrate] to record or to have recorded, the whole or any part of such evidence as the parties may produce. The Magistrate to whom such request has been made may himself record the evidence or may direct any Magistrate subordinate to him to record the evidence and shall forward the record of such evidence to the Commissioner.
(4) The Commissioner or any Magistrate acting under this section may, if he thinks fit, record evidence on oath.
### 123. Liability in respect of debenture renewed. - (1) When a renewed debenture has been issued under section 122 in favour of any person, the debenture so issued shall be deemed to constitute a new contract between the Corporation and such person and all persons deriving the title thereafter through him.
(2) No such renewal shall affect the rights as against the Corporation of any other person to the debenture so renewed.
### 124. Discharge in certain cases. - When a duplicate debenture has been issued under section 121 or when a renewed debenture has been issued under section 122 or when the principal sum due on a debenture in respect of which an order has been made under section 121 for the payment of the principal sum without the issue of a duplicate debenture has been paid on or after the date on which such payment became due, the Corporation shall be discharged from all liability in respect of the debenture in place of which a duplicate or renewed debenture has been so issued or in respect of which such payment has been made, as the case may be-
(a) in the case, of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section 121 or from the date of the last payment of interest on the original debenture, whichever date is later;
(b) in the case of a renewed debenture after the lapse of six years from the date of the issue thereof; and
(c) in the case of a payment of the principal sum without the issue of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section 121.
### 125. Indemnity. - Notwithstanding anything in section 122, the Commissioner may in any case arising thereunder,-
(1) issue a renewed debenture upon receiving such indemnity in favour of the Corporation and the Commissioner as he shall think fit against the claims of all persons claiming under the original debenture, or
(2) refuse to issue a renewed debenture unless such indemnity is given.
### 126. Annual Statement to be prepared by Commissioner. - (1) The Commissioner shall, at the end of each year, prepare a statement showing,-
(a) the loans borrowed in previous years for which the Corporation is liable and which have not been completely repaid before the commencement of the year, with particulars of the amount outstanding at the commencement of the year, the date of borrowing and the annual loan charges;
(b) the loans borrowed by the Corporation in the year with particulars as to the amount and the date of borrowing and the annual loan charges;
(c) in the case of every loan for which a sinking fund is maintained the amount of accumulation in the sinking fund at the close of the year showing separately the amount paid to the credit of the fund in the year;
(d) the loans repaid in the year and in the case of the loans repaid in instalments or by annual drawings, the amounts, repaid in the year, and the balance due at the close of the year;
(e) the particulars of securities in which the sinking funds have been invested or reserved therefor.
(2) Every such statement shall be laid before a meeting of the Corporation and shall be published in the Official Gazette and a copy of such statement shall be sent to the [State] Government and to the Accountant General,[Gujarat].
[Chapter XAA]
Finance Commission
### 126AA. Finance Commission. - (1) The finance Commissioner shall review the financial position of the Corporation and make recommendation as to-
(a) the principles which should govern-
(i) the distribution between the State and the Corporations of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them and the allocation between the Corporations at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Corporations;
(iii) the grants-in-aid to the Corporations from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Corporation,
(c) any other matter referred to the Finance Commission in the interest of sound finance of the Corporations.
(2) Every recommendation made by the Commission together with an explanatory memorandum as to the action taken thereon shall be laid before the State Legislature.]
[Chapter X-A]
Financial Assistance to Corporations
### 126A. Power of State Government to make grants. - [(1) The State Government may, after considering recommendations of the [Finance Commission or otherwise] determine whether for augmenting the finances of the Corporation for any of the purposes of this Act it is necessary to make any grant to the Corporation and if so, the amount thereof.
(2) The grant so determined shall be made to the Corporation every year but it may be revised after a period of every five years having regard to the recommendations of the [Finance Commission or otherwise] in respect of the revision of grants to Corporations.]
(3) Every grant under this section shall be made after due appropriation made by the State Legislature by law in this behalf.
(4) The payment of a grant to a Corporation shall be subject to the condition that if there be any amount due from the Corporation to the State Government, it shall be lawful for the State Government to recover the amount from the Corporation by making the deduction from the amount of the grant payable to the Corporation under sub-section (2).
Chapter X
B
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Taxation by the State Government
### 126B. Levy of fifty paise cess on every rupee of land revenue. - (1) On lands situated within the limits of a City, the State Government shall levy, on the conditions and in the manner hereinafter described, a cess at the rate of fifty paise on every rupee of-
(a) every sum payable to the State Government as ordinary land revenue except sums payable on account of any of the charges mentioned in subsection (2) and except sums payable on account of any of the charges which may be notified by the State Government in this behalf;
(b) every sum which would have been payable as land revenue by a small holder as defined in the Explanation to section 45 of the Bombay band Revenue Code, 1879 (Bom V of 1879) in respect of the land held by him for the time being for the purpose of agriculture, had land revenue been payable in respect of such land under the said section by such small holder; and
(c) every sum which would have been assessable on any land as land revenue had there been no alienation of the land revenue:
Provided that no cess shall be levied under this section on sums less than twenty-five paise.
(2) The following sums shall not be taken into account for the purpose of sub-section (1); namely,-
(i) penalties and fines, including any charge imposed under section 148 of the Bombay Land Revenue Code, 1879 (Bombay V of 1879), as penalty or interest in case of default:
(ii) fees for grazing when charged per head of cattle.
### 126C. Levy of cess on water rate. - The State Government may levy a cess not exceeding twenty paise on every rupee of water-rate leviable under the provisions of the Bombay Irrigation Act, 1879 (Bombay VII of 1879), in respect of lands situated within the limits of a City.
### 126D. Manner of levying cess described in section 126B. - The cess described in section 126B shall be levied, so far as may be, in the same manner and under the same provisions of law, in or under which land revenue is levied:
Provided that in the case of any land in the possession of a tenant, if such tenant is liable to pay the land revenue in respect of such land under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay LXVII of 1948), or the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 (Bombay XC1X of 1958), such tenant shall be primarily liable for the payment of cess in respect of such land.
### 126E. Manner of levying cess described in section 126C. - The cess described in section 126C shall be levied, so far as may be, in the same manner, and under the same provisions of law, in or under which water-rates payable to the State Government under the Bombay Irrigation Act, 1879 (Bombay VII of 1879), are levied.
### 126F. Collection and credit of local cess on land revenue and water rates. - The local cess leviable on land revenue under section 126B and on water-rate under section 126C in respect of land shall be paid by the State Government to the Corporation within the jurisdiction of which the lands concerned are situated, after deducting such portion thereof as cost of collection as the State Government may prescribe by rules.
### 126G. Suspension and remission of local cess. - On the application made by the Corporation to which the cess under section 126A or section 126B is payable or suo motu, the State Government may by notification in the Official Gazette, suspend or remit the collection of cess or any portion thereof in any year in any area subject to the jurisdiction of such Corporation.
### 126H. Validation of levy, assessment and collection of cess on land revenue and water-rate in Cities. - Notwithstanding any judgement, decree or order of any Court or Tribunal, all cess on land revenue and water-rate levied, assessed or collected after the repeal of the Bombay Local Boards Act, 1923 (Bombay VI of 1923), and before the date of the coming into force of the Bombay Provincial Municipal Corporations (Gujarat Amendment) Ordinance, 1978 (Gujarat Ordinance 2 of 1978), (hereinafter in this section referred to as "the Ordinance") in any area which at any time during the period after such repeal and before the said date formed part of a City under this Act shall be deemed to have been validly levied, assessed or collected in accordance with law as if-
(i) the provisions of this Act as amended by the Bombay Provincial Municipal Corporations (Gujarat Amendment) Act, 1979 (Gujarat 1 of 1979), (hereinafter in this section referred to as "the said Act") relating to the levy, assessment and collection of such cess formed part of this Act at any material time when such cess was levied, assessed or collected;
(ii) all notifications, rules and orders relating to the levy, assessment and collection of such cess had been issued or made under this Act and had been in force, at any such time;
(iii) the rate at which the cess levied, assessed or collected at any such time had been the rate specified in this Act, and accordingly any such cess levied or assessed before the date of the coming into force of the Ordinance, but not collected before such date may be recovered (after assessment of the cess where necessary) in the manner provided in this Act as amended by the said Act:
Provided that nothing in this section shall render any person liable to be convicted of an offence in respect of an act committed by him before the date of the coming into force of the said Act if such act was not an offence under this Act before the said date:
Provided further that the amount of cess on land revenue and water-rate levied, assessed and collected or purporting to have been levied, assessed and collected after the repeal of the Bombay Local Boards Act, 1923 (Bombay V of 1923), and before the date of the coming into force of the Ordinance and validated under this section, and the amount of such cess recovered under this section after the commencement of the Ordinance shall be paid by the State Government to the Corporation, within the jurisdiction of which the lands, in respect of which the cess was collected or is recovered are situated, after deducting such portion thereof as the cost of collection as the State Government may determine.]
Chapter XI
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Municipal Taxation
### 127. Taxes to be imposed under this Act. - (1) For the purposes of this Act, the Corporation shall impose the following taxes, namely:-
[(a) Property taxes either under section 129 or [under section 141AA]
(b) a tax on vehicles, boats and animals.
[Provided that in the case of a local area constituted to be a City under sub-section (2) of section 3, until the expiry of a period of two years from the appointed day or of such further period not exceeding two years as the State Government at the request of the Corporation for such City may, by notification in the Official Gazette, specify, the provisions of this section shall have effect as if there had been substituted for the words "the Corporation shall impose" the words "the Corporation may impose".]
[(1A) Notwithstanding anything contained in the proviso to sub-section (1) , in the case of the Municipal Corporation of the City of Rajkot, for a period of two years commencing on the 19th November, 1975. the provisions of sub-section (1) shall have effect, and shall be deemed to have had effect, as if with effect on and from the 19th November, 1975 there had been substituted for the words "the corporation shall impose" the words "the Corporation may impose" in the said sub-section (1).]
(2) In addition to the taxes specified in sub-section (1) the Corporation may for the purposes of this Act and subject to the provisions thereof impose any of the following taxes, namely:-
[\*\*\*]
[(b) Subject to and in accordance with the provisions of the Gujarat State Tax on Professions, Trades, Callings and Employments Act, 1976 (President's Act No. 11 of 1976) and the rules made thereunder, a tax on professions, trades, callings and employments;]
(c) a tax on dogs,
(d) a theatre tax
(e) a toll on animals and vehicles [\*\*\*] entering the City;
[(f) any other tax [not being] [\*\*\*] [a tax on payments for admission to any entertainment] [or octroi] which the [State] Legislature has power under the [Constitution] to impose in the [State]
.
[(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), no tax or toll shall be levied on motor vehicles save as provided in section 20 of the Bombay Motor Vehicles Act, 1958 (Bombay LXV of 1958).]
(3) The municipal taxes shall be assessed and levied in accordance with the provisions of this Act and the rules.
[(4) Nothing in this section shall authorise the imposition of any tax which the [State] Legislature has no power to impose in the [State] under the [Constitution]
].
### 128. Manner of recovering municipal taxes. - A municipal tax may be recovered by the following processes in the manner prescribed by rules:-
(1) by presenting a bill,
(2) by serving a written notice of demand,
(3) by distraint and sale of a defaulter's movable property,
(4) by the attachment and sale of a defaulter's, immovable property,
(5) in the case of [\*\*\*] toll, by the seizure and sale of goods and vehicles.
(6) in the Case of property tax by the attachment of rent due in the respect of the property.
(7) by a suit.
Property Taxes
Property Taxes Leviable
### 129. Property taxes of what to consist and at what rate leviable. - For the purposes of sub-section (1) of section 127 property taxes shall comprise the following taxes which shall, subject to the exceptions, limitations and conditions hereinafter provided, be levied on buildings and lands in the City:-
[(a) a water tax at such percentage of their rateable value as the Corporation shall deem reasonable, for providing a water supply for the City:
Provided that the Corporation shall, with the previous sanction of the State Government, fix the minimum amount of such tax to be levied and may fix different minima for different classes of properties:
Provided further that the minimum amount of such tax to be levied shall,-
(i) in respect of any one separate holding of land or of any one building (not being premises used exclusively for residential purpose) or of any one portion of a building which is let as a separate holding and which is not used exclusively for residential purpose, be not less than five rupees per mensem for any official year commencing on the first day of April, 1993;
(ii) in respect of any premises used exclusively for residential purpose, be not less than three rupees per mensem for any official year commencing on the first day of April, 1993;
(b) a conservancy tax at such percentage of their rateable value, as will in the opinion of the Corporation suffice to provide for the collection, removal and disposal of all excrementitious and polluted matters from privies, urinals and cess-pools and for efficiently maintaining and repairing the municipal drains constructed or used for efficiently maintaining and repairing the municipal drains constructed or used for reception or conveyance of such matters:
Provided that corporation shall, with the previous sanction of the State Government, fix the minimum amount of such tax to be levied and may fix different minima for different classes of properties:
Provided further that the minimum amount of such tax to be levied in respect of any one separate holding of land or of any one building or of any one portion of a building which is let as a separate holding shall be not less than two rupees per mensem for any official year commencing on the first day of April, 1993 and that the amount of such tax to be levied in respect of any hotel, club, industrial premises or other large premises may be specially fixed under section 137:
Provided also that while determining the rate of such tax under section 99 or 150, the Corporation may determine different rates for different classes of properties:]
(c) a general tax of not less than twelve per cent [but not more than thirty per cent.] of their rateable value, which may be levied, if the Corporation so determines on a graduated scale;
[\*\*\*]
[(d) betterment charges leviable under Chapter XVI.]
Explanation. -Where any portion of a building or land is liable to a higher rate of the general tax such portion shall be deemed to be a separate property for the purpose of municipal taxation.
[129A. Temporary reduction in minimum rate of general tax in respect of Corporations of Baroda and Surat and validation of action taken. - (1) Notwithstanding anything contained in clause (c) of section 129, in the case of the Municipal Corporation of the City of Baroda and the Municipal Corporation of the City of Surat, for a period of [four years] from the 1st April, 1967, the rate of general tax leviable under the said clause (c) may not be less than seven per cent, of the [rateable value] of the lands and buildings in the City.
[(1A) Notwithstanding anything contained in clause (c) of section 129 and in subsection (1), in the case of the Municipal Corporation of the City of Baroda, [for a period of two years from the 1st April 1971] the rate of general tax leviable under the said clause (c) may not be less than seven per cent, of the rateable value of the lands and buildings in the City.]
(2) Any action taken before the commencement of the Bombay Provincial Municipal Corporations (Gujarat Amendment) Act, 1967 (Gujarat I of 1967) (hereinafter referred to as "the Amendment Act") by a corporation to which sub-section (1) applies for the purpose of imposing the taxes specified in sub-section (1) of section 127 for the official year commencing on the 1st April 1967 shall be deemed to have been validly taken as if the Amendment Act had been in force when such action was taken.]
[129B. Temporary reduction in minimum rate of general tax in respect of Corporation of Rajkot and validation of action taken. - (1) Notwithstanding anything contained in clause (c) of section 129, in the case of the Municipal Corporation of the City of Rajkot, for a period of four years commencing on the 19th November, 1973, the rate of general tax leviable under the said clause (c) may not be less than five per cent, of the rateable value of the lands and buildings in the said City and the provisions of the said clause (c) of section 129, shall have effect and shall be deemed to have had effect , as if during the said period of four years, the words "five per cent", had been substituted for the words "twelve per cent", in the said clause (c).
(2) Anything done or any action taken before the commencement of the Bombay Provincial Municipal Corporations (Gujarat Amendment) Act, 1979, (hereinafter in this sub-section referred to as "the said Act") by the Municipal Corporation of the City of Rajkot for the purpose of levying the tax specified in sub-section (1) at any rate as is or may have been authorised under that sub-section during the period between the 19th November, 1973 and the date of the commencement of the said Act shall be deemed to have been validly done or taken as if this Act as amended by the said Act had been in force when such thing was done or such action was taken; and no such thing done or action taken shall be called in question in any Court or before any other authority solely on the ground that such rate of tax was not authorised under the law as in force at the time when such thing was done or such action was taken.]
### 130. Water tax on what premises levied. - (1) Subject to the provisions of section 134, the water tax shall be levied only in respect of premises-
(a) to which private water supply is furnished from, or which are connected by means of communication pipes with any municipal water works; or
(b) which are situated in a portion of the City in which the Commissioner has given public notice that the Corporation has arranged to supply water from municipal water works by means of private water connections or of public standposts, fountains or by any other mean.
### 131. Conservancy tax on what premises to be levied. - (1) The conservancy tax shall be levied only in respect of premises,-
(a) situated in any portion of the City in which, public notice has been given by the Commissioner that the collection, removal and, disposal of all excrementitious and polluted matter from privies, urinals and cesspools, will be undertaken by municipal agency; or
(b) in which, wherever situate, there is a privy, water-closet, cess-pool, urinal, bathing place or cooking place connected by a drain with a municipal drain;
Provided that the said tax shall not be levied in respect of any premises situated in any portion of the City specified in clause (a) , in or upon which, in the opinion of the Commissioner, no such matter as aforesaid accumulates or is deposited.
(2) Premises in respect of which the Commissioner has directed that a separate water-closet, privy or urinal need not be provided shall be deemed to be liable to the levy of conservancy tax if, but for such direction, the tax would be leviable in respect thereof.
### 132. General Tax on what premises to be levied. - (1) [The general tax shall be levied in respect of all buildings and lands in the City, the rateable value of which exceeds[six hundred rupees except]
(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 public charitable purposes;
(c) buildings an lands vesting in the [Government] used solely for public purposes and not used or intended to be used for purposes of trade or profit or vesting in the Corporation, in respect of which the said tax, if levied, would under the provisions hereinafter contained be primarily leviable from the [Government] or the Corporation, respectively.
(2) The following buildings and lands or portions thereof shall not be deemed to be solely occupied and used for public worship or for a public charitably purpose within the meaning of clause (b) of sub-section (1), namely:-
(a) buildings or lands or portions thereof in which any trade or business is
carried on; and
(b) buildings or lands or portions thereof in respect of which rent is derived whether such rent is or is not applied solely to religious or charitable purposes.
(3) Where any portion of any building or land is exempt from the general tax by reason of its being solely occupied and used for public worship or for a public charitable purpose, such portion shall be deemed to be a separate property for the purpose of municipal taxation.
### 133. Payments to be made to Corporation in lieu of general tax by [State] Government. - (1) The [State] Government shall pay to the Corporation [annually by the 31sl day of March in every year] in lieu of the general tax from which buildings and lands vesting in the [State Government] are exempted by clause (c) of sub-section (1) of section 132, a sum ascertained in the manner provided in sub-sections (2) and (3).
(2) The rateable value of the buildings and lands in the City vesting in the [Government] and beneficially occupied, in respect of which, but for the said exemption, general tax would be leviable from the [State] Government shall be fixed by a person from time to time appointed in this behalf by the [State] Government with the concurrence of the Corporation. The said value shall be fixed by the said person, with a general regard to the provisions contained in this Act and the rules concerning the valuation of property assessable to property taxes, at such amount as he shall deem to be fair and reasonable. The decision of the person so appointed shall hold good for a term of five years, subject only to proportionate variation, if in the meantime the number or extent of the buildings and lands [in the City vesting in the State Government] materially increases or decreases.
(3) The sum to be paid annually to the Corporation by the [State] Government shall be eight-tenths of the amount which would be payable by an ordinary owner of buildings or lands in the City, on account of the general tax, on a rateable value of the same amount as that fixed under sub-section (2).
Special Provisions Relating to Water and Conservancy Taxes
### 134. Fixed charges and agreements for payments in lieu of taxes for water supplied. - (1) The Commissioner may-
(a) in such cases as the Standing Committee shall generally approve, instead of levying the water tax in respect of any premises liable thereto, charge for the water supplied to such premises by measurement at such rate as shall from time to time be prescribed by the said Committee in this behalf or by the size of the water connection with the municipal main and the purpose for which the water is supplied at such rates as shall from time to time be prescribed by the Corporation.
(b) in such cases as the Standing Committee shall generally approve, compound with any person for the supply of water to any premises for a renewable term of one or more years not exceeding five, on payment of a fixed periodical sum in lieu of the water tax or charge by measurement or by the size of the water connection which would otherwise be leviable from such person in respect of the said premises.
(2) The Standing Committee may, for the cases in which the Commissioner charges for water by measurement or by the size of the water connection leader clause (a) of subsection (1) from time to time prescribe such conditions as it shall think fit as to the use of the water and as to the charge to be paid for water consumed whilst a meter is out of order or under repair; and for the cases in which a composition is made under clause (b) of the said sub-section the said Committee may prescribe such conditions as to the use of the water as it shall think fit:
Provided that no condition prescribed under this sub-section shall be inconsistent with this Act or rules or bye-laws.
(3) A person who is charged for water by measurement or by the size of the water connection or who has compounded for a fixed periodical sum shall not be liable for payment of the water tax, but any sum payable by him on account of water shall, if not paid when it becomes due, be recoverable by the Commissioner as if it were an arrear of water tax.
### 135. [Government] to be charged for water by measurement. - If, in respect of premises used solely for public purposes and not used or intended to be used for purposes of profit or for residential, charitable or religious purposes, water tax would be leviable under this Act from the [Government] the Commissioner, in lieu of levying such tax, shall charge for the water supplied to such premises, by measurement, at such rate as shall be prescribed by the Standing Committee in this behalf not exceeding the minimum rate at the time being charged under clause (a) sub-section (1) of section 134 to any other person; and such charge shall be recoverable as provided in sub-section(3) of the said section.
### 136. Supply of water at public drinking fountains, etc. not to be taxed. - No tax or charge of any kind shall be levied or demanded for the use of water in or from any drinking fountain tank, reservoir, cistern, pump, well, duct, stand-pipe or other work used for the gratuitous supply of water to the inhabitants of the City and vesting in the Corporation:
Provided that the water in or from any such work shall be used only for personal or domestic purposes and not for the purpose of business or sale.
### 137. Conservancy tax may be fixed at special rate in certain cases. - (1) The Commissioner may, whenever he thinks fit, fix the conservancy to be paid in respect of any hotel, club, stable [industrial premises or other large premises] at such special rate as shall be generally approved by the Standing Committee in this behalf, whether the service in respect of which such tax is leviable be performed by human labour or by substituted means or appliances:
[Provided that if the Corporation shall have determined for any official year any different rate of a conservancy tax for any class of properties to which any of the properties referred to in this sub-section belongs, the Commissioner shall not, without the previous approval of the Corporation, fix, for such official year or part thereof, the conservancy tax to be paid in respect of any property belonging to such class for which such different rate may have been determined by the Corporation, at any other different rate under this sub-section.]
(2) In the case of premises used solely for public purposes and not used or intended to be used for purposes of profit or for residential or charitable or religious purposes in respect of which the conservancy tax is payable by the [Government], the Commissioner shall fix the said tax at a special rate approved as aforesaid.
(3) In any such case the amount of the conservancy tax shall be fixed with reference to the cost or probable cost of the collection, removal and disposal, by the agency of municipal conservancy staff, of excrementitious and polluted matter from the premises.
### 138. Water tax or conservancy tax paid by any person may be recovered by him from the occupier of the premises for which it is paid. - (1) Any person who has paid to the Commissioner any water tax or conservancy tax in respect of any premises shall, if he was not himself in occupation of the said premises during the period for which he has made such payment and subject to any agreement or contract to the contrary, be entitled to receive the amount of the said payment from the person, if any, in actual occupation of the said premises for the said period.
(2) For the recovery of the said amount from the person aforesaid, the person who has paid the same shall have the same rights and remedies as if such amount were rent payable to him by the person from whom he is entitled to receive the same.
Liability for Property Taxes
### 139. Primary responsibility for property taxes on whom to rest. - (1) Subject to the provisions of sub-section (2) property taxes assessed upon any premises shall be primarily leviable as follows, namely:-
(a) if the premises are held immediately from the [Government], or from the Corporation, from the actual occupier thereof:
Provided that property taxes due in respect of buildings vesting in the [Government], and occupied by' servants of the [Government] or other persons on payment of rent shall be leviable primarily from the Government|;
(b) if the premises are not so held,-
(i) from the lessor if the premises are let;
(ii) from the superior lessor if the premises are sub-let;
(iii) from the person in whom the right to let the premises vests if they are unlet.
[(2) If any land has been let for any term exceeding, one year to a tenant, and such tenant has built upon the land, the property taxes assessed upon the said land and upon the building erected thereon shall be primarily leviable from the said tenant or any person deriving title from the said tenant by the operation of law or by assignment or transfer but not by sub-lease or the legal representative of the said tenant or person whether the premises be in the occupation of the said tenant or person or legal representative or a sub-tenant:
[Provided that where the building so erected on the land is of a temporary nature or is unauthorised the property taxes upon the land and building shall be primarily leviable from the person in whom the right to let the land vests.]
139A. Apportionment of responsibility for property tax when the premises assessed are let or sub-let. - (1) If any building or land or premises assessed to any property tax are let, and their rateable value exceeds the amount of rent payable in respect thereof the person from whom, under the provision of section 139, the said tax is leviable, the said person shall be entitled to receive from his tenant the difference between the amount of the property tax levied from him, and the amount which would be leviable from him if he said tax were calculated on the amount of rent payable to him.
(2) If the building or land or premises are sub-let and their rateable value exceeds the amount of rent payable in respect thereof to the tenant by his sub-tenant, or the amount of rent payable in respect thereof to a sub-tenant by the person holding under him, the said tenant shall be entitled to receive from his sub-tenant or the said sub-tenant shall be entitled to receive from the person holding under him as the case may be, the difference between any sum recovered under this section from such tenant or sub-tenant and the amount of property tax which would be leviable in respect of the said building or land or premises if the rateable value thereof were equal to the difference between the amount of rent which such tenant or sub-tenant receives, and the amount of rent which he pays.
[(3) The provision of this section shall apply only in relation to the property tax levied for any period prior to 1st April, 1970 referred to in sub-clause (i) of clause (1A) of section 2-]
### 140. When occupiers may be held liable for payment of property taxes. - (1) If the sum due on account of any property tax remains unpaid after a bill for the same has been duly served under the rules upon the person primarily liable for the payment thereof and the said person be not the occupier for the time being of the premises in respect of which the tax is due, the Commissioner may serve a bill for the amount upon the occupier of the said premises, or, if there are two or more occupiers thereof may serve a bill upon each of them for such portion of the sum due as bears to the whole amount due the same ratio which the rent paid by such occupier bears to the aggregate amount of rent paid by them both or all in respect of the said premises.
(2) If the occupier or any of the occupiers fails within thirty days from the service of any such bill to pay the amount therein claimed, the said amount may be recovered from him in accordance with the rules.
(3) No arrear of a property-tax shall be recovered from any occupier under this section which has remained due for more than one year, or which is due on account of any period for which the occupier was not in occupation of the premises on which the tax is assessed.
(4) If any sum is paid by, or recovered from, an occupier under this section, he shall be entitled to credit therefor in account with the person primarily liable for the payment of the same.
### 141. Property taxes to be a first charge on premises on which they are assessed. - (1) Property taxes due under this Act in respect of any building or land shall, subject to the prior payment of the land revenue, if any, due to the [State] Government thereupon, be a first charge, in the case of any building or land held immediately from the [Government] upon the interest in such building or land of the person liable for such taxes and upon the moveable property, if any, found within or upon such building or land and belonging to such person; and in the case of any other building or land, upon the said building or land and upon the moveable property, if any, found within or upon such building or land and belonging to the person liable for such taxes.
Explanation. - The term "property tax" in this section shall be deemed to include charges payable under section 134 for water supplied to any premises and the costs of recovery of prop&ty taxes as specified in the rules.
(2) In any decree passed in a suit for the enforcement of the charge created by subsection (1), the Court may order the payment to the Corporation of interest on the sum found to be due at such rate as the Court deems reasonable from the date of the institution of the suit until realisation, and such interest and the cost of enforcing the said charge, including the costs of the suit and the cost of bringing the premises or moveable property in question to sale under the decree; shall, subject as aforesaid, be a fresh charge on such premises and moveable property along with the amount found to be due, and the Court may direct payment thereof to be made to the Corporation out of the sale proceeds.
[141A. Levy of interest on the sum due on account of property tax. - (l) If any person liable to pay property tax under this Chapter does not pay the property tax within the time prescribed for its payment under the rules made therefor, there shall be paid by such person for the period commencing on the date of the expiry of the aforesaid prescribed time and ending on the date of the payment of the amount of property tax, simple interest at the rate of eighteen per cent, per annum on the amount of property tax not so paid or any less amount thereto remaining unpaid during such period:
Provided that where the property tax for an official year commencing on the first day of April, 1986 or for any official year thereafter in respect of premises used exclusively for residential purpose the rateable value of which does not exceed three hundred rupees is not paid before the end of the official year to which such tax relates but is paid thereafter, the interest shall be leviable for the period commencing on the date immediately after the expiry of the official year and ending on the date of the payment of the property tax.
(2) The interest levied under sub-section (1) may be recovered in the manner specified in section 128 for recovery of a municipal tax.]
[Property Taxes]
### 141AA. Property taxes of what to consist and at what rate leviable. - For the purposes of sub-section (1) of section 127, property taxes shall comprise the following taxes which shall, subject to exceptions, limitations and conditions hereinafter provided, be levied on buildings and lands in the City:-
(a) a water tax at such percentage of the amount of general tax levied under section 141B as the Corporation shall deem reasonable, for providing water supply for the City: 4
Provided that the Corporation shall, with the previous sanction of the State Government, fix the minimum amount of such tax to be levied and may fix different minima for different classes of properties:
Provided further that the minimum amount of such tax to be levied shall,-
(i) in respect of any one separate holding of land or of any one building (not being premises used exclusively for residential purpose) or of any one portion of a building which is let as a separate holding and which is not used exclusively for residential purpose, be not less than five rupees per mensem for any official year;
(ii) in respect of any premises used exclusively for residential purpose, be not less than three rupees per mensem for any official year;
(b) a conservancy and sewerage tax at such percentage of the amount of general tax levied under section 14IB as will in the opinion of the Corporation suffice to provide for the collection, removal and disposal of all excrementitious and polluted matters from privies, urinals and cess-pools and for efficiently maintaining and repairing the municipal drains constructed or used for the reception or conveyance of such matters:
Provided that the Corporation shall, with the previous sanction of the State Government, fix the minimum amount of such tax to be levied and may fix different minima for different classes of properties:
Provided further that the minimum amount of such tax to be levied in respect of any one separate holding of land or of any one building or of any one portion of a building which is let as a separate holding shall not be less than two rupees per mensem for any official year and that the amount of such tax to be levied in respect of any hotel, club, industrial premises or other large premises may be specially fixed under section 137:
Provided also that while determining the rate of such tax under section 99 or 150, the Corporation may determine different rates for different classes of properties;
(c) a general tax which may be levied in accordance with the provisions of section 14 IB, if the Corporation so determines on a graduated scale;
(d) betterment charges leviable under Chapter XVI.
Explanation. - (i) Where any portion of a building or a land is liable to a higher rate of the general tax, such portion shall be deemed to be a separate property for the purpose of municipal taxation.
(ii) The water tax for providing water supply for the City and the conservancy tax for the collection, removal and disposal of all excrementitious and polluted matters from privies, urinals and cess-pools and for efficiently maintaining and repairing the municipal drains may be levied and collected jointly as "water and sewerage charges' at the rate based on the carpet area and the type of the property.]
### 141B. [General tax] at what rate leviable. - (1) For the purposes of [clause (c) of section 141AA, general tax] shall, subject to such exceptions, limitations and conditions hereinafter provided, be levied annually on buildings and lands in the City at such rate per square metre of the carpet areas of buildings and of the areas of lands (hereinafter referred to as "the rate of tax") as the Corporation may determine.
(2) For the purpose of levy of tax on buildings in the City under sub-section (1) ,-
(a) the buildings may be classified into residential buildings and buildings other than residential; and
(b) the Corporation may determine one rate of tax for residential buildings and.the other rate of tax for buildings other than residential:
Provided that it shall be lawful for the Corporation to determine for residential buildings, the carpet area of which does not exceed forty square metres, such rate of tax as is lower than the rate of tax determined for residential buildings generally under this sub-section.
(3) The rate of tax determined under sub-section (1) read with sub-section (2) shall not-
(a) in respect of residential buildings, be less than ten rupees per square metre of carpet area and more than forty rupees per square metre of carpet area, and
(b) in respect of buildings other than residential, be not less than twenty rupees per square metre of carpet area and more than eighty rupees per square metre of carpet area.
(4) The Corporation may, subject to rules, increase or decrease or neither increase nor decrease the rate of tax determined under sub-section (1) read with sub-sections (2) and (3),-
(a) in the case of residential buildings, having regard to the following factors, namely:-
(i) the market value of the land in the area of the City in which the buildings are situated,
(ii) the length of the time of the existence of the buildings.
(iii) the type of the buildings, and
(iv) whether the buildings are occupied by owners or tenants.
(b) in the case of buildings other than residential, having regard to the following factors, namely:-
(i) the market value of the land in the area of the City in which the buildings are situated.
(ii) the length of the time of the existence of the buildings,
(iii) the purpose for which the buildings are used, and
(iv) whether the buildings are occupied by owners or tenants.
(5) In lieu of the [general tax] leviable under sub-section (1) read with sub-sections (2) and (3), there shall be levied annually on,-
(a) residential huts, and
(b) residential tenements in a chawl, each such tenement having carpet area not exceeding twenty-five square metres,-
such amount of tax as the Corporation may determine:
Provided that the amount so determined shall not be less than such amount as the State Government may, by notification in the Official Gazette, specify.
Explanation. - For the purpose of levy of tax under this section, where an addition is made to an existing building whereby the carpet area of that building is increased, such addition shall be treated as a separate building and the length of the time of its existence shall be computed from the year in which the addition is made.
### 141C. [Property taxes] on what buildings and lands to be levied. - The [property taxes] shall be levied in respect of all buildings and lands in the City except the buildings and lands vesting in the Government and used solely for the public purpose and not used or intended to be used for purpose of trade or profit, or vesting in the Corporation, in respect of which the said tax, if levied, would under the provisions hereinafter contained be primarily leviable from the Government or the Corporation, respectively.
### 141D. Payments to be made to Corporation in lieu of [property taxes]. - The State Government shall pay to the Corporation annually by the 31st day of March in every year in lieu of [Property taxes] from which buildings and lands vesting in the State Government are exempted by section 141C, eight-tenths of the amount of tax which would be payable by an ordinary owner on account of [property taxes] if such buildings and lands had vested in him.
### 141E. Rebate in certain cases. - (1) There shall be given a rebate of fifteen per cent, of the amount of [general tax] leviable on buildings,-
(a) to which private water supply is not furnished from, or which are not connected by means of communication pipes with, any municipal water works, or
(b) which are not situate in any portion of the City in which the Commissioner
has given public notice that the Corporation has arranged to supply water
from municipal water works by means of private water connections or
public stand posts, fountains or by any other means.
(2) There shall be given a rebate of twenty per cent, of the amount of [general tax] leviable in respect of a cellar or any floor other than a ground floor, of a building other than residential.
[141F. Application of certain sections to levy property taxes. - The provisions of sections 140 and 141A shall apply in relation to property taxes levied under section 141AA subject to modifications specified in Appendix I-A.]
Tax on Vehicles, Boats and Animals
### 142. Tax on vehicles, boats and animals. - (1) Except as hereinafter provided, at tax a rates not exceeding those prescribed by order in writing by the [State] Government in this behalf from time to time shall be levied on vehicles, boats and animals of the descriptions specified in the order, when kept for use in the City for the conveyance of passengers or goods in the case of vehicles and boats and for riding, racing, draught or burden in the case of animals:
[Provided that no tax shall be levied on motor vehicles save as provided in section 20 of the Bombay Motor Vehicles Tax Act, 1958 (Bombay LXV of 1958).]
Explanation. - A vehicle, boat or animal kept outside the limits of the City but regularly used within such limits shall be deemed to be kept for use in the City.
(2) The Corporation shall from year to year, in accordance with section 99, determine the rates at which the tax shall be levied.
### 143. Exemptions from the tax. - (1) The said tax shall not be leviable in respect of,-
(a) vehicles, boats and animals belonging to the Corporation other than vehicles or animals used exclusively for the purposes of the Transport Undertaking.
(b) vehicles, boats and animals vesting in the [Government] and used solely for public purposes and not used or intended to be used for purposes of profit including vehicles, boats and animals belonging to the Defence Forces;
(c) vehicles and boats intended exclusively for the conveyance free of charge of the injured, sick or dead;
(d) children's perambulators and tricycles;
(e) vehicles belonging to municipal officers or servants who are required by the terms of their appointment to maintain a conveyance for the discharge of their duties:
Provided that the exemption granted by this clause will not be available in respect of more than one vehicle for each officer or in respect of a vehicle which does not belong to the class of conveyance which the officer is required to maintain;
(f) vehicles or boats kept by bona fide dealers in vehicles or boats for sale merely, and not used:
[(g) vehicles used exclusively for the conveyance of disabled person:]
Provided that a tax at such rate as the Corporation shall with the approval of the [State] Government fix in this behalf shall be levied half yearly in advance from every dealer in motor vehicles for every seven motor vehicles in respect of which a Trade Certificate is issued to him under rules made under the Motor Vehicles Act, 1939.
(2) If any question arises under clause (b) of sub-section (1) whether any vehicle, boat or animal vesting in the [Government] is or is not used or intended to be used for the purposes of profit, such question shall be determined by the [State] Government whose decision shall be final.
### 144. Liverystable keepers and others may be compounded with. - The Commissioner may, with the approval of the Standing Committee, compound with any livery-stable-keeper or other person keeping vehicles or horses or bullocks for hire, or with any dealer having stables in which horses are kept for sale on commission or otherwise for the payment of a lump-sum for any period not exceeding one year at a time, in lieu of the taxes leviable under section 142 which sum livery-stable-keeper or other person or dealer would otherwise be liable to pay.
### 145. Power to inspect stables and summon persons liable to the tax. - (1) The Commissioner may make an inspection of any stable, garage or coach-house or any place wherein he may have reason to believe that there is any vehicle, boat or animal liable to a tax under this Act.
(2) The Commissioner may, by written summons, require the attendance before him of any person whom he has reason to believe to be liable to the payment of tax in respect of a vehicle, boat or animal, or of any servant of any such person, and may examine such person or servant as to the number and description of vehicles, boats and animals, owned by or in the possession of under the control of such person; and every person so summoned shall be bound to attend before the Commissioner and to give true information to the best of his knowledge or belief, as to the said matters.
[\*\*\*]
Exemption from Theatre tax
### 148. Exemption from theatre tax. - The theatre tax shall not be leviable in respect of-
(a) any entertainment or amusement for admission to which no charge is made or only a nominal charge is made;
(b) any entertainment or amusement which is not open to the general public on payment;
(c) any entertainment or amusement the full proceeds of which, without the deduction of expenses, are intended to be utilised for a public charitable purpose;
Explanation. - For the purposes of this section a nominal charge shall be such charge as may be fixed by the rules.
Other Taxes
### 149. Procedure to be followed in levying other taxes. - (1) In the event of the Corporation deciding to levy any of the taxes specified in sub-section (2) of section 127, it shall make detailed provision in so far as such provision is not made by this Act, in the form of rules, modifying, amplifying or adding to the rules at the time in force for the following matters, namely:-
(a) the nature of the tax, the rates thereof, the class or classes of persons, articles or properties liable thereto and the exemptions therefrom, if any, to be granted.
(b) the system of assessment and method of recovery and the powers exercisable by the Commissioner or other officers in the collection of the tax;
(c) the information required to be given of liability to the tax;
(d) the penalties to which persons evading liability or furnishing incorrect or misleading information or failing to furnish information may be subjected;
(e) such other matters, not inconsistent with the provisions of this Act, as may be deemed expedient by the Corporation:
Provided that no rules shall be made by the Corporation in respect of any tax coming under clause (f) of sub-section (2) of section 127 unless the [State] Government shall have first given provisional approval to the selection of the tax by the Corporation.
(2) The rules shall be submitted by the Corporation to the [State] Government and the [State] Government may either refuse to sanction them or refer them back to the Corporation for further consideration or sanction them either as they stand or with such modifications as it thinks fit, not, however, involving an increase in the rate or rates of the levy or the extent thereof.
(3) Any sanction given by the [State] Government under sub-section (2) shall become operative on such date not earlier than one month from the date of the sanction as the [State] Government shall specify in the order of sanction, and the Corporation shall be competent to levy the tax covered by the sanction as from the date so specified.
(4) The Corporation and the [State] Government shall take such steps as may be practicable to ensure that the date specified in the order of sanction is the first day of April, unless the sanction is given in pursuance of a proposal for supplementary taxation under section 150:
Provided that nothing in sub-section (4) shall affect the power of the Corporation to levy a tax as from a date later than the first day of April if the sanction of the [State] Government is not given by the first day of March immediately preceding and if the [State] Government in the order of sanction specifies a date later than the first day of April for the commencement of the levy of the tax.
(5) The provisions of this section shall apply, as far as may be to any alteration which the Corporation may from time to time decide to make in the rates fixed for any tax, or in the class or classes of persons, articles, or properties liable thereto or in the exemption therefrom, if any, to be granted.
Supplementary Taxation
### 150. Any tax imposable under this Act may be increased or newly imposed by way of imposing supplementary taxation. - Whenever the Corporation determines under section 104 to have recourse to supplementary taxation in any official year, it shall do so by increasing, for the unexpired portion of the said year, the rates at which any tax imposable under this Act is being levied, subject to the limit and conditions for such tax prescribed in this Act or in the orders or sanction of the [State] Government or by levying, with due sanction, a tax imposable under this Act but not being levied for the time being.
### 151. Refunds of taxes how obtainable. - Refunds of a municipal tax shall be claimable in the manner and subject to the conditions prescribed by rules.
Writing Off of Taxes
### 152. Writing off of irrecoverable taxes. - The Commissioner may, with the approval of the Standing Committee, from time to time write off any sum due on account of any tax or of the costs of recovering any tax, which shall, in his opinion, be irrecoverable.
[152A. Assessment, Levy, etc., of property taxes in the city of Ahmedabad for past years in respect of certain properties. - (l) In the City of Ahmedabad if in respect of premises included in the assessment book relating to Special Property Section, the levy, assessment, collection or recovery of any of the property taxes for any official year preceding the official year commencing on the 1st April, 1968 is affected by a decree or order of a Court on the ground that the determination of the rateable value of the premises on the basis of rental value per foot of the floor area was not according to law or that sub-rules (2) and (3) of rule 7 of the rules contained in Chapter VIII of Schedule A to this Act were invalid, then it shall be lawful for the Municipal Corporation of the City of Ahmedabad to assess or reassess in respect of such premises any such property tax for any such official year at the rates applicable for that year in accordance with the provisions of this Act and the rules as amended by the [Bombay Provincial Municipal Corporations (Gujarat Amendment) Act, 1968 (Gujarat 8 of 1968) and the Bombay Provincial Municipal Corporations (Gujarat Amendment and Validating Provisions) Act, 1970 (Gujarat 5 of 1970), as if the said Acts] had been in force during the year for which any such tax is to be assessed or reassessed; and accordingly the rateable value of lands and buildings in such premises may be fixed and any such tax when assessed or reassessed may be levied, collected and recovered by the said Corporation and provisions of this Act, the rules shall so far as may be apply to such levy, collection and recovery and the fixation of rateable value and the assessment or reassessment, levy, collection and recovery of and such tax under this section shall be valid and shall not be called in question on the ground that the same were in any way inconsistent with the provisions of this Act and the rules as in force prior to the [commencement of the aforesaid Acts]
Provided that if in respect of any such premises the amount of tax assessed or reassessed for any year in accordance with the provisions of this section exceeds the amount of tax which but for the decree or order of the Court as aforesaid could have been assessed for that year in respect of the premises, then the amount of tax to be levied for that year in respect of the premises in accordance with the provisions of this section shall be an amount arrived at after deducting from the amount of tax so assessed or reassessed such amount as may be equal to the amount as so in excess.
(2) Where any such property tax in respect of any such premises in assessed or reassessed under sub-section (1) for any official year and in respect of the same premises, the property tax for that year has already been collected or recovered then the amount of tax so collected or recovered shall be taken into account in determining the amount of tax to be levied and colleted under sub-section (1) and if the amount already collected or recovered exceeds the amount to be so levied and collected, the excess shall be refunded in accordance with the rules.]
[(3) Notwithstanding anything contained in any judgement, decree or order of any Court, it shall be lawful and shall be deemed always to have been lawful, for the Municipal Corporation of the City of Ahmedabad to withhold refund of the amount already collected or recovered in respect of any of the property taxes to which sub-section (1) applies till assessment or reassessment of such property taxes is made, and the amount of tax to be levied and collected is determined under sub-section (1):
Provided that the Corporation shall pay simple interest a the rate of six per cent, per annum on the amount of excess liable to be refunded under sub-section (2) , from the date of decree or order of the Court referred to in sub-section (1) to the date on which such excess is refunded.]
Chapter XII
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Drains and Drainage Municipal Drains
### 153. Drains to be constructed and kept in repair by the Commissioner. - (1) The Commissioner shall maintain and keep in repair all municipal drains and shall with the approval of the Corporation construct such new drains as shall from time to time be necessary for effectually draining the City.
(2) The Commissioner shall also, in the case of any street in which there is a municipal drain, construct at the charge of the Municipal Fund such portion of the drain of any premises to be connected with such municipal drain as it shall be necessary to lay under any part of such street and the portion of any connecting drains, so laid under the street shall vest in the Corporation and be maintained and kept in repair by the Commissioner as a municipal drain.
### 154. Adoption by Corporation of drains and drainage or sewage disposal works. - (1) The Commissioner may at any time with the approval of the Corporation declare that any drain or part thereof or any drainage or sewage disposal works situate within the City or serving the City or any part thereof shall, from such date as may be specified in the declaration, became vested in the Corporation.
Provided that, when the Commissioner proposes to make a declaration under this sub-section, he shall give written notice of the proposal to the owner or owners of the drain or works in question and shall take no further action in the matter until either one month has elapsed without an objection against his proposal being lodged under subsection (2) , or, as the case may be, until any objections so lodged has been duly considered.
(2) An owner aggrieved by the proposal of the Commissioner to make a declaration under sub-section (1) may, within one month after notice of the proposal is served upon him, appeal to the [State] Government or to such officer of the [State] Government as the [State] Government may designate by order in the Official Gazette, in this behalf and shall, if he so appeal, give written intimation of the fact to the Commissioner.
(3) After consideration, of an appeal under sub-section (2), and after making such inquiries as may be necessary, the [State] Government or the said officer may with due regard to the provisions of sub-section (4), allow or disallow the proposal of the Commissioner and may, if it or he thinks fit, specify conditions, including conditions as to the payment of compensation by the Commissioner, subject to which it or he allows the proposal.
(4) The Commissioner in deciding whether a declaration should be made under subsection (1) shall have regard to all the circumstances of the case and, in particular, to the following consideration:-
(a) whether the drain or works in question is or are adapted to, or required for, any general system of drainage or drainage disposal or sewage disposal which the Commissioner has provided, or proposes to provide, for the City or any part thereof;
(b) whether the drain is constructed under a street or under land reserved by or under the provisions of this Act or any other law for the time being in force for a street;
(c) the number of buildings which the drain is intended to serve, and whether, regard being had to the proximity of other buildings or the prospect of future development, it is likely to be required to serve additional buildings;
(d) the method of construction and state of repair of the drain or works; and
(e) whether the making of the proposed declaration would be seriously detrimental to the owner of the drain or works in question.
(5) Any person who immediately before the making of a declaration under sub-section (1) was entitled to use the drain in question shall be entitled to use it, or any drain substituted therefor, to the same extent as if the declaration had not been made.
(6) When the Commissioner is about to take into consideration the question of making a declaration under sub-section (1) with respect to a drain or drainage or sewage disposal works situate within the jurisdiction of some local authority other than the Corporation or situate within the City but serving an area or part of an area, within the jurisdiction of such local authority, he shall give notice to that authority and no declaration shall be made by him until either that authority has consented thereto or the [State] Government, on an application made to it, has dispensed with the necessity of such consent, either unconditionally or subject to such conditions as it may think fit to impose.
(7) When the Commissioner has made a declaration under sub-section (1) with respect to a drain or drainage disposal or sewage disposal works situate within the jurisdiction of some local authority other than the Corporation he shall forthwith give notice of the fact to such authority.
(8) The Commissioner shall not make a declaration under sub-section (1) with respect to any drain or part of a drain or any works if that drain or part of a drain or those works is or are vested in some local authority other than the Corporation or in the Central Government or a railway administration, except on the request of the authority, Government or administration concerned.
### 155. Powers for making drains. - (1) The Commissioner may carry any municipal drain through, across or under any street, or any place laid out as or intended for a street or under any cellar or vault which may he under any street, and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within the City, or, for the purpose of outfall or distribution of sewage, without the City;
(2) The Commissioner may enter upon, and construct any new drain in the place of an existing drain in any land wherein any municipal drain has been already lawfully constructed, on repair or alter any municipal drain so constructed.
### 156. Alteration and discontinuance of drains. - The Commissioner may enlarge, alter the course of, lessen, arch over or otherwise improve any municipal drain and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessary or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or for the purpose of surface drainage:
Provided that, if by reason of anything done under this section any person is deprived of the lawful use of any drain, the Commissioner shall, as soon as may be, provide for his use some other drain as effectual as the one which has been discontinued, close up or destroyed or the use of which has been prohibited.
### 157. Cleansing drains. - (1) The municipal drains shall be so constructed, maintained and kept as to create the least practicable nuisance and shall be from time to time properly flushed, cleansed and emptied.
(2) For the purpose of flushing, cleansing and emptying the said drains, the Commissioner may construct or set up reservoirs, sluices, engines and other works, as he shall from time to time deem necessary.
Drains of Private Streets and Drainage of Premises
### 158. Power to connect drain of private street with municipal drain. - The owner of a private street shall be entitled to connect the drain of such street with a municipal drain subject to the conditions laid down in the rules.
### 159. Right of owners and occupiers of buildings and lands to drain into municipal drain. - (1) Subject to the provisions of this section, the owner or occupier of any premises shall be entitled to cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainage:
Provided that, nothing in this sub-section shall entitle any person,-
(a) to discharge directly or indirectly into any municipal drain any trade effluent except in according with the provisions of section 166 or any liquid or other matter the discharge of which is prohibited by or under this Act or any other law for the time being in force;
(b) where separate municipal drains are provided for foul water and for surface water, to discharge directly or indirectly,-
(i) foul water into a drain provided for surface water; or
(ii) except with the permission of the Commissioner surface water into a drain provided for foul water; or
(c) to have his drain made to communicate directly with a storm-water overflow drain.
(2) Every person desirous of availing himself of the provisions of sub-section (1) shall obtain the written permission of the Commissioner and shall comply with such conditions as the Commissioner may prescribe as to the mode in which and the superintendence under which connections with municipal drains or other places aforesaid are to be made.
(3) The Commissioner may, if he thinks fit, in lieu of giving permission under subsection (2) to any person to have his drain or sewer connected with a municipal drain or other place as aforesaid himself connect after giving notice to the person concerned within fourteen days of the receipt of his application, and the reasonable expense of any work so done shall be paid by the person aforesaid.
### 160. Powers of Commissioner to require drain or proposed drain to be so constructed as to form part of general system. - (1) Where a person proposes to construct a drain, the Commissioner may, if he considers that the proposed drain is, or is likely to be, needed to form part of a general drainage system which the Corporation has provided, or proposes to provide, require him to construct that the drain in a manner differing, as regards material or size of pipes, depth, fall, direction or outfall, or otherwise, from the manner in which he proposes, or could otherwise be required by the Commissioner, to construct it, and it shall be his duty to comply to comply with the requirement of the Commissioner.
(2) No person who under this section has been required by the Commissioner to construct a drain in particular manner shall construct it or cause it to be constructed otherwise than in accordance with the requirements of the Commissioner.
(3) The Commissioner shall repay from the Municipal Fund to the person constructing a drain in accordance with a requirement under sub-section (1) the entire expenses reasonably incurred by him in complying with such requirement and, until the drain becomes a municipal drain, he shall also from time to time repay to him from the Municipal Fund so much of any expenses reasonably incurred by him in repairing or maintaining it as may be attributable to the requirement having been made and complied with.
### 161. Connections with municipal drains not to be made except in conformity with Section 158 or 159. - No person shall, without complying with the provisions of section 158 or 159, as the case may be, and the rules, make or cause to be made any connection of a drain belonging to himself or to some other person with any municipal drain or other place legally set apart for the discharge of drainage; and the Commissioner may close, demolish, alter or remake any such connection made in contravention of this section, and the expenses incurred by the Commissioner in so doing shall be paid by the owner of the street, or the owner or occupier of the premises, for the benefit of which the connection was made, or by the person offending.
### 162. Right of owners and occupiers of premises to carry drain through land belonging to other persons. - (1) If it shall appear to the Commissioner that the only means or the most convenient means by which the owner or occupier or any premises can cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainage, is by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the Commissioner, after giving to the owner of the land a reasonable opportunity of stating any objection, may, if no objection is raised, or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorise the said owner or occupier to carry his drain into, through or under the said land in such manner as he shall think fit to allow.
(2) Every such order, bearing the signature of the Commissioner, shall be complete authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose after giving or tendering to the owner of the land reasonable written notice of his intention so to do, to enter upon the said land with assistants and workmen, at any time between sunrise and sunset and to execute the necessary work.
(3) Subject to all other provisions of this Act, the owner or occupier of any premises, or any agent or person employed by him for this purpose, may, after giving or tendering to the owner of any land, wherein a drain has been already lawfully constructed for the drainage of his said premises, reasonable written notice of his intention so to do, enter upon the said land with assistants and workmen, at any time between sunrise and sunset and construct a new drain in the place of the existing drain or repair or alter any drain so constructed.
(4) In executing any work under this section as little damage as may be shall be done, and the owner or occupier of the premises for the benefit of which the work is done shall-
(a) cause the work to be executed with the least practicable delay;
(b) fill in, reinstate and make good at his own cost and with the least practicable delay, the ground or portion of any building or other construction opened, broken up or removed for the purpose of executing the said work;
(c) pay compensation to any person who sustains damage by the execution of the said work.
(5) If the owner of any land into, through or under which a drain has been carried under this section, whilst such land was unbuilt upon, shall subsequently at any time desire to erect a building on such land, the Commissioner shall by "written notice require the owner or occupier of the premises for the benefit of which such drain was constructed to close, remove or divert the same in such manner as shall be approved by the Commissioner, and to fill in, reinstate and make good the land as if the drain had not been carried into, through or under the same:
Provided that no such requisition shall be made, unless, in the opinion of the Commissioner, it is necessary or expedient, in order to admit of the construction of the proposed building or the safe enjoyment thereof, that the drain be closed, removed or diverted.
### 163. Owner of land to allow others to carry drains through the land. - Every owner of land shall be bound to allow any person in whose favour an order has been made under sub-section (1) of section 162 to carry a drain into, through or under the land of such owner on such terms as may be prescribed in such order.
### 164. Commissioner may enforce drainage of undrained premises situate within hundred feet of municipal drain. - Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage and a municipal drain or some place legally set apart for the discharge of drainage is situated at distance not exceeding one hundred feet from some part of the said premises, the Commissioner may, by written notice, require the owner or occupier of the said premises-
(a) to make a drain of such material, size and description and laid at such level and according to such alignment and with such fall and outlet as may appear to the Commissioner necessary, emptying into such municipal drain or place aforesaid at such point as the Commissioner may consider suitable:
Provided that, where any premises have already been drained under municipal requirements and have to be redrained, no such requisition shall be made without the previous sanction of the Standing Committee;
(b) to provide and set up all such appliances and fittings as may appear to the Commissioner necessary for the purposes of gathering and receiving the drainage from, and conveying the same off the-said premises and of effectually flushing such drain and every fixture connected therewith;
(c) to remove any existing drain, or other appliance or thing used or intended to be used for drainage, which in the opinion of the Commissioner is injurious to health;
(d) to provide a closed drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing which is , or which is likely to be, injurious to health;
(e) to provide and set up all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed, and conveying the same through spouts, by down-take pipes, so as to prevent such water from discharging directly on street or inside any lower portion of the premises.
[164A. Premises deemed to be without effectual drainage. - For the purposes of this Chapter, premises shall be deemed to be without effectual drainage unless drainage therefrom is discharged or the drain attached thereto is emptied into a municipal drain or some place legally set apart for the discharge of drainage or a cesspool in accordance with the provisions of this Act.]
### 165. Commissioner may enforce drainage of undrained premises not situate within hundred feet of municipal drain. - (1) Where any premises arc, in the opinion of the Commissioner, without sufficient means of effectual drainage, but not municipal drain or such place as aforesaid is situated at a distance not exceeding one hundred feet from some part of the said premises, the Commissioner may, by written notice, require the owner or occupier of the said premises-
(a) to construct a drain up to a point to be prescribed in such notice, but not distant more than one hundred feet from some part of the said premises; or
(b) to construct a closed cesspool of such material, size and description in such position, at such level, and with allowance for such fall as the Commissioner thinks necessary and drain or drains emptying into such cesspool.
(2) Any requisition for the construction of any drain under sub-section (1) may comprise any detail specified in section 164.
### 166. Special provisions relating to trade effluent. - Subject to the provisions of this Act, rules and bye-laws, the occupier of any trade premises may, with the consent of the Commissioner, or so far as may be permitted by any such rules or bye-laws without such consent, discharge into the municipal drains any trade effluent proceeding from those premises.
166A. Special provisions regarding drainage of trade effluents. - (1) Notwithstanding anything contained in this Act, or the rules or by-laws or any usage, custom or agreement, where in the opinion of the Commissioner any trade premises are without sufficient means of effectual drainage of trade effluent or the drains thereof, though otherwise unobjectionable are not adapted to the general drainage system of the City, the Commissioner may by written notice require the owner or occupier of such premises-
[(a) to discharge the trade effluent from the premises in such manner, at such times, through such drains and subject to such conditions as may be specified in the notice and to cease to discharge the trade effluent otherwise than in accordance with the notice;
(b) to purify the trade effluent before its discharge into a municipal drain, and to set up for purifying the trade effluent such appliances, apparatus, fittings and plant as may be specified in the notice;
(c) to construct a drain of such material, size and description and laid at such leval and according to such alignment and with such fall and outlet as may be specified in the notice;
(d) to alter, amend, repair or renovate any purification plant, existing drains, apparatus, plant-fitting or article used in connection with any municipal or private drain.]
### 167. Power of Commissioner to drain premises in combination. - (1) Where the Commissioner is of opinion that any group or block of premises, any part of which is situated within one hundred feet of a municipal drain, or other place legally set apart for the discharge of drainage already existing or about to be constructed, may be drained more economically or advantageously in combination than separately, the Commissioner may cause such group or block of premises to be drained by such method as appears to the Commissioner to be best suited therefor, and the expenses incurred by the Commissioner in so doing shall be paid by the owner of such premises in such proportions as the Commissioner thinks fit.
(2) Not less than fifteen days before any work under this section is commenced the Commissioner shall give written notice to the owner of all the premises to be drained of-
(a) the nature of the intended work,
(b) the estimated expenses thereof, and
(c) the proportion of such expenses payable by each owner.
(3) The owners, for the time being of the several premises constituting a group or block drained under sub-section (1) shall be the joint owners of every drain constructed, erected or fixed, or continued for the special use and benefit only of such premises, and shall in the proportions in which it is determined that the owners of such premises are to contribute to the expenses incurred by the Commissioner under sub-section (1), be responsible for the expense of maintaining every such drain in good repair and efficient condition:
Provided that every such drain shall from time to time be flushed, cleansed and emptied by the Commissioner at the charge of the Municipal Fund.
### 168. Commissioner may close or limit the use of existing private drains. - (1) Where a drain connecting any premises with a municipal drain or other place legally set apart for the discharge of drainage, though sufficient for the effectual drainage of the said premises and otherwise unobjectionable, is not, in the opinion of the Commissioner, adapted to the general drainage system of the City or of the part of the City in which such drain is situated, the Commissioner may-
(a) subject to the provision of sub-section (2), close, discontinue or destroy the said drain and cause any work necessary for that purpose to be done;
(b) direct that such drain shall, from such date as he may specify in this behalf, be used for sullage and sewage only, or for rain-water only or for unpolluted sub-soil water only, or for both rain-water and unpolluted subsoil water only, and by written notice require the owner or occupier of the premises to make an entirely distinct drain for rainwater or unpolluted sub-soil water, or for both rain-water and unpolluted sub-soil water, or for sullage and sewage.
(2) No drain may be closed, discontinued or destroyed by the Commissioner under item (a) in sub-section (1) except on condition of his providing another drain as effectual for the drainage of the premises and communicating with any municipal drain or other place aforesaid which the Commissioner thinks fit; and the expenses of the construction of any drain so provided by the Commissioner and of any work done under the said item shall be paid by the Commissioner.
(3) Any requisition made by the Commissioner under item (b) of sub-section (1) may embrace any detail specified in item (a) or (b) in section 164.
### 169. Vesting and maintenance of drains for sole use of properties. - Subject to the provisions of sub-section (2) of section 153, every drain which has been constructed, laid, erected or set up, whether at the expense of the Corporation or not, or which is continued or the sole use and benefit of any premises or group of premises, shall-
(a) notwithstanding anything contained in section 170, vest in the owner of such premises or group of premises on and from the appointed day;
(b) be provided with all such further appliances and fitting as may appear to the Commissioner necessary for the more effectual working of the same, and also be maintained in good repair and efficient condition by the owner of such premises or group of premises, and be from time to time flushed, cleansed and emptied by the Commissioner at the charge of the Municipal Fund.
### 170. Right of Corporation to drains, etc. constructed, etc. at charge of Municipal Fund on premises not belonging to Corporation. - All drains, ventilation-shafts and pipes and all appliances and fittings connected with drainage works constructed, erected or set up at any time at the charge of the Municipal Fund or at the charge of the funds of any local authority having jurisdiction in any part of the City before the appointed day upon any premises not belonging to the Corporation and otherwise than for the sole use and benefit of the premises or group of premises shall, unless the Corporation has otherwise determined, vest in the Corporation.
### 171. New building not to be erected without drains. - (1) It shall not be lawful to newly erect any building, or to re-erect any building, or to occupy any building newly erected or re-erected unless and until-
(a) a drain be constructed of such size, material and description at such level and with such fall as shall appear to the Commissioner to be necessary for the effectual drainage of such building;
(b) there have been provided for and set up in such building and in the premises appurtenant thereto, all such appliances and fittings as may appear to the Commissioner to be necessary for the purposes of gathering and receiving the drainage from, and conveying the same off the said building and the said premises and of effectually flushing the drain of the said building and every fixture connected therewith.
(2) The drain to be constructed as aforesaid shall empty into a municipal drain or into some place legally set apart for the discharge of drainage situated at a distance not exceeding one hundred feet from the premises in which such building is situated; but if no such drain or place is within that distance then such drain shall empty into such cesspool as the Commissioner directs.
### 172. Obligation of owners of drains to allow use or joint ownership to others. -Every owner of drain connected with a municipal drain or other place legally set apart for the discharge of drainage shall be bound to allow the use of it to others, or to admit other persons as joint owners thereof, on such terms as may be prescribed under section 173.
### 173. How right of use of joint ownership of a drain may be obtained by a person other than the owner. - (1) Any person desiring to drain his premises into a municipal drain through a drain of which he is not an owner, may make a private arrangement with the owner for permitting his use of the drain, or may apply to the Commissioner for authority to use such drain or to be declared joint owner thereof.
(2) Where the Commissioner is of opinion, whether on receipt of such application or otherwise, that the only, or the most convenient means by which the owner or occupier of any premises can cause the drain of such premises to empty into a municipal drain or other place legally set apart for the discharge of drainage is through a drain communicating with such municipal drain or place aforesaid but belonging to some person other than the said owner or occupier, the Commissioner, after giving the owner of the drain a reasonable opportunity of stating any objection thereto, may, if no objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, either authorise the said owner or occupier to use the drain or declare him to be a joint owner thereof, on such conditions as to the payment of rent or compensation and as to connecting the drain of the said premises with the communicating drain and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleansing and emptying the joint drain, or otherwise, as may appear to him equitable.
(3) Every such order bearing the signature of the Commissioner shall be a complete authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving or tendering the owner of the drain the compensation or rent specified in the said order and otherwise fulfilling as far as possible the conditions of the said order, and after giving to the owner of the drain reasonable written notice of his intention so to do to enter upon the land in which the said drain is situate with assistants and workmen, at any time between sunrise and sunset and subject to all provisions of this Act, to do all such things as may be necessary for-
(a) connecting the two drains; or
(b) renewing, repairing or altering the connection; or
(c) discharging any responsibility attaching to the person in whose favour the Commissioner's order is made for maintaining, repairing, flushing, cleansing or emptying the joint drain or any part thereof.
(4) In respect of the execution of any work under sub-section (3) the person in whose favour the Commissioner's order is made shall be subject to the same restrictions and liabilities which are specified in sub-section (4) of section 162.
### 174. Sewage and rain water drains to be distinct. - Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, the commissioner may require that there shall be one drain for sullage, excrementitious matter and polluted water and another and an entirely distinct drain for rain water and unpolluted sub-Soil water or for both rain water and unpolluted sub-Soil water, each emptying into separate municipal drains or other places legally set apart for the discharge of drainage or other suitable places.
### 175. Affixing of pipes for ventilation of drains, etc. - (1) For the purpose of ventilating any drain or cesspool, whether belonging to the Corporation or to any other person, the Commissioner may erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as shall appear to the Commissioner necessary and cut through any projection from any building including the eaves of any roof thereof in order to carry up such shaft or pipe through any such projection and lay in, through, or under any land such appliances as may in the opinion of the Commissioner be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated.
(2) Such shaft or pipe shall be erected or affixed or removed in the manner laid down in the rules.
(3) If the Commissioner declines to remove a shaft or pipe under the rules, the owner of the premises, building, or tree upon or to which the same has been erected or affixed, may apply to the Judge, within fifteen days of the receipt by him of the reply of the Commissioner.
(4) Where the owner of any building or land cut through, opened or otherwise dealt with under sub-section (1) is not the owner of the drain or cesspool intended to be ventilated, the Commissioner shall, so far as is practicable, reinstate and make good such building and fill in and make good such land, at the charge of the Municipal Fund.
Disposal of Sewage
### 176. Appointment of places for emptying of drains and disposal of sewage. - The Commissioner may cause all or any municipal drains to empty into any place, whether within or without the City, and dispose of the sewage at any place whether within or without the City, and in any manner which he shall deem suitable for such purpose:
Provided that-
(a) the Commissioner shall not cause any municipal drain to empty into any place into which a municipal drain has not heretofore emptied, or dispose of sewage at any place or in any manner at or in which sewage has not heretofore been disposed of, without the sanction of the Corporation;
(b) no municipal drain shall be made to empty into any place, and no sewage shall be disposed of at any place or in any manner which the [State] Government shall think fit to disallow.
### 177. Provision of means for disposal of sewage. - The Commissioner may, for the purpose of receiving, treating, storing, disinfecting, distributing or otherwise disposing of sewage, construct any work within or without the City or purchase or take on lease any land, building, engine, material or apparatus either within or without the City or enter into any arrangement with any person for any period not exceeding twenty yeas for the removal or disposal of sewage within or without the City.
Water-Closet, Privies, Urinals Etc.
### 178. Construction of water-closet and privies. - (1) It shall not be lawful to construct any water-closet or privy for any premises except with the written permission of the Commissioner and in accordance with such terms not being inconsistent with any rule or bye-law for the time being in force, as he may prescribe.
(2) In prescribing any such terms the Commissioner may determine in each case-
(a) whether the premises shall be served by the water-closet or by the privy system, or partly by one and partly by the other; and
(b) what shall be the site or position of each water-closet or privy.
(3) If any water-closet or privy is constructed on any premises in contravention of sub-section (1), the Commissioner may, after giving not less than ten days' notice to the owner or occupier of such premises, close such water-closet or privy and alter or demolish the same and the expenses incurred by the Commissioner in so doing shall be paid by such owner or occupier or by the person offending.
178A. Power of Commissioner to require owner to provide water-closet or privy accommodation. - (1) Where any premises are, in the opinion of the Commissioner, without the adequate and suitable water-closet or privy accommodation in accordance with the rules made by the Corporation in that behalf, the Commissioner, may by written notice, require the owner of such premises to provide such water-closet or privy accommodation in accordance with the rules made by the Corporation in that behalf, within such time as may be specified in such notice and if the owner fails to comply with such requirement, within the time so specified or within such time as may, on the application of the owner, be extended by the Commissioner for any reasonable cause, it shall be lawful for the Commissioner to make such provision from the fund of the Corporation. The expenses incurred by the Commissioner in making such provision shall, on demand by the Commissioner, be payable by the owner and if not paid by him on demand, such expenses shall be recoverable by the Commissioner in accordance with the provisions of section 439.
(2) Notwithstanding anything contained in sub-section (1), where the owner of any premises fails to comply with such requirement within the period specified under sub-section (1), the Commissioner may, in a case where the owner is not himself the occupier of such premises, permit the occupier of such premises to make provision for such water-closet or privy accommodation at the cost of the owner, if the occupier is willing to do so, instead of the Commissioner himself making such provision. Any such occupier who makes such provision shall, after obtaining the necessary certificate from the Commissioner about such provision having been made by him, the amount of expenses incurred by him in making such provision and the reasonableness of such expenses, be entitled to deduct, such amount of expenses as is certified by the Commissioner to be reasonable, from the rent or any other sum payable by him to the owner or to recover such amount from the owner in any other lawful manner.
(3) For the purpose of making the provision specified in sub-section (1), the Commissioner shall have power to do all acts necessary for that purpose and the Corporation shall not be liable to pay any compensation to the owner of the premises for any reasonable damage done to the premises in making such provision.
[(4) Where any water-closet or privy accommodation is provided or set up by the Commissioner under sub-section (1) and the expenses incurred by the Commissioner in doing so are paid by, or recovered from, the owner in full, such water-closet or privy accommodation shall belong to the owner of the premises and the owner shall be responsible for the expenses of maintaining it in good repairs and efficient condition.
(5) The provision as aforesaid made under sub-section (1) or sub-section (2) shall not be deemed to be a permanent structure for the purpose of clause (b) of sub-section (1) of section 13 of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947. (Bombay LVIL of 1947)].
### 179. Water-closet and other accommodation in buildings newly erected or re-erected. - (1) It shall not be lawful to erect or to re-erect or convert within the meaning of section 253 any building for, or intended for, human habitation, or at or in which labourers or workmen are to be employed, without such water-closet or privy accommodation and such urinal accommodation and accommodation for bathing or for the washing of clothes and domestic utensils of such building as the Commissioner may prescribe:
(2) In prescribing any such accommodation the Commissioner may determine in each case-
(a) whether such building or work shall be served by the water-closet or by the privy system, or partly by one and partly by the other;
(b) what shall be the site or position of each water-closet, privy, urinal or bathing or washing place and their number.
(3) In determining the accommodation to be required under sub-section (2) the Commissioner shall have regard to the necessity of providing adequate and suitable water-closets or privies and bathing places for domestic servants employed by the occupants of the building.
### 180. Public necessaries. - The Commissioner shall provide and maintain in proper and convenient situations water-closets, latrines, privies and urinals and other similar conveniences for public accommodation.
Inspection
### 181. Drains, etc. not belonging to Corporation to be subject to inspection and examination. - (1) All drains, ventilation-shafts and pipes, cesspools, house-gullies, water-closets, privies, latrines and urinals and bathing and washing places which do not belong to the Corporation, or which have been constructed, erected or set up at the charge of the Municipal Fund on premises not belonging to the Corporation for the use of benefit of the owner or occupier of the said premises, shall be open to inspection and examination by the Commissioner.
(2) The Commissioner may, in the course of an inspection or examination under subsection (1), obtain and take away a sample of any trade effluent which is passing from the premises inspected or examined into a municipal drain. The analysis of such sample shall be made in the manner prescribed by the rules.
(3) The result of any analysis of a sample taken under sub-section (2) shall be admissible as evidence in any legal proceedings under this Act.
### 182. Power to open ground, etc. for purposes of inspection and examination. - For the purpose of such inspection and examination, the Commissioner may cause the ground or any portion of any drain or other work exterior to a building or any portion of a building, which he shall think fit, to be opened, broken up or removed.
### 183. Expenses of inspection and examination. - (1) If upon any such inspection and examination as aforesaid, it shall be found that the drain, ventilation-shaft or pipe, cesspool, house-gully, water-closet, privy, latrine or urinal or bathing or washing place examined is in proper order and condition, and that none of the provisions of this Act or of the rules or bye-laws or any other enactment for the time being in force has been contravened in respect of the construction or maintenance thereof, and that no encroachment has been made thereupon, the ground or portion of any building, drain or other work, if any, opened, broken up or removed for the purpose of such inspection and examination shall be filled in, reinstated and made good by the Commissioner.
(2) If it shall be found that any drain, ventilation-shaft or pipe, cesspool, house-gully, water-closet, privy, latrine or urinal or bathing or washing place so examined is not in good order or condition, or has been repaired, changed ,altered or encroached upon, or except when the same has been constructed by or under the order of the Commissioner, if it has been constructed in contravention of any of the provisions of this Act or the rules or bye-laws or of any enactment for the time being in force the expenses of the inspection and examination shall be paid by the owner of the premises and the said owner shall fill in, reinstate and make good the ground, or portion of any building, drain or other work opened, broken up or removed for the purpose of such inspection and examination, at his own cost.
### 184. Commissioner may require repairs, etc. to be made. - (1) When the result of such inspection and examination as aforesaid is as described in sub-section (2) of section 183 the Commissioner may-
(a) by written notice require the owner of the premises or the several owners of the respective premises in which the drain, ventilation-shaft or pipe, cess-pool, house-gully, water-closet, privy, latrine, urinal or bathing or washing place is situated or for the benefit of which the same has been constructed, erected or set up,-
(i) to close or remove the same or any encroachment thereupon or, subject to the proviso to clause (c) of sub-section (1) of section 186, to remove any projection over the same; or
(ii) to renew, repair, cover,, recover, trap, ventilate, flush, pave and pitch or take such other order to keep the same in working condition by effecting such other works as he shall think fit to direct and to fill in, reinstate and make good the ground, building or thing opened, broken up or removed for the purpose to such inspection and examination; and
(b) without notice, close, fill up or demolish any drain by which sullage or sewage is carried through, from, into or upon any premises in contravention of any of the provisions of this Act, or the rules or bye-laws, and the expenses incurred by the Commissioner in so doing shall be paid by such owner or owners.
(2) Any requisition under clause (a) of sub-section (1) in respect of any drain which has been constructed, erected or set up, or which is continued for the sole use and benefit of a property or for the exclusive use and benefit of two or more properties, may include any extension thereof beyond such property or properties if and so far as such extension has been constructed, erected or set up, or is continued, for the sole use and benefit of such property or properties.
### 185. Cost of inspection and execution of works in certain cases. - In the case of any drain which has been constructed, erected or fixed, or which is continued, for the exclusive use and benefit of two or more premises and which is not-
(a) a drain constructed under sub-section (1) of section 167, or
(b) a drain in respect of which conditions as to the respective responsibilities of the parties have been declared under sub-clause (1) of section 173, the expenses of any inspection and examination made by the Commissioner under Section 181 and of the execution of any work required under section 184, whether executed under Section 188 or not, shall be paid by the owners of such premises, in such proportions, as shall be determined Dy the Commissioner.
185A. Power of Commissioner to provide house drain, water-connections, etc. in premises where owner is not willing to do so. - (1) If in respect of any premises which consist of a building or a block or group of building having a number of residential tenements therein, with an area of land, open or enclosed, appurtenant thereto, the Commissioner, whether on receipt of an application or otherwise, is of opinion that the tenants or other residents of such tenements are not provided with facilities for drainage, supply of water, electricity, common water closet or any such other essential supply or are provided with any of such facilities which are insufficient to meet with the reasonable requirements of such tenants or residents and that the tenants or residents who are desirous of obtaining any of such facilities are not able to do so without incurring disproportionate cost on account of no housing drain, water connection or other necessary appliances, fittings or other things connected with the main public source for the supply of such facility having been provided or set up by the owner in the premises and on account of the owner not being willing to provide or set up such housing drain, water connections, or other necessary appliances, fitting or things in, or in the land appurtenant to, the premises it shall be lawful for the commissioner to provide or set up in such premises or the land appurtenant thereto, with approval of the Corporation and after giving the owner a reasonable opportunity of being heard, such house drain, water connection or other necessary appliances, fittings or other things having connection or other necessary appliances, fittings or other things having connection with the main public source of the supply of any such facility which may be situated outside the premises and the expenses incurred by the Commissioner in doing so shall, on demand by the Commissioner, be payable by the owner of such premises and if he does not pay them on demand, such expenses shall be recoverable by the Commissioner in accordance with the provisions of section 439.
[(2) For the purpose of exercising the powers under sub-section (1) the Commissioner shall have power to do all acts necessary for the purpose of an effectual exercise of such power in relation to any premises and the Corporation shall not be liable to pay any compensation to the owner of the premises for any reasonable damage done to the premises in the exercise of such power.
(3) Where any house drain, water connections or other appliances, fittings or things are provided or set up by the Commissioner in any premises under sub-section (1), then, on the payment of the expenses incurred by the Commissioner in doing so by the owner of the premises or on the recovery of such expenses from such owner such house drain, water connection or other appliances, fitting or things shall belong to the owner of the premises and the owner shall be responsible for the expenses of maintaining them in good repair and efficient condition.]
General Provisions
### 186. Prohibition of acts contravening the provisions of the Act, rules or bye laws or done without sanction. - (1) No person shall-
(a) in contravention of any of the provisions of this Act or rules or bye-laws or of any notice issued or direction given under this Act or without the written permission of the Commissioner, in any way alter the fixing, disposition or position of, or construct, erect, set up, renew, rebuild, remove, obstruct, stop up, destroy or change, any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place or any trap, covering or other fitting or appliance connected therewith;
(b) without the written permission of the Commissioner, renew, rebuild or unstop any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place, or any fitting or appliance, which has been or has been ordered to be, discontinued, demolished or stopped up under any of the provisions of this Act or the rules or bye-laws;
(c) without the written permission of the Commissioner, make any projection over or encroachment upon or in any way injure or cause or permit to be injured, any drain, cess-pool, house-gully, water-closet, privy, latrine or urinal or bathing or washing place:
Provided that nothing in this clause shall apply to any weather-shade in width not exceeding two feet over any window which does not front a wall or window of an adjoining house;
(d) drop, pass or place, or cause or permit to be dropped, passed or placed, into or in any drain, any brick, stone, earth, ashes, dung or any substance or, matter which is likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents;
(e) pass, or permit or cause to be passed, into any drain provided for a particular purpose any matter or liquid for the conveyance of which such drain has not been provided;
(f) except as provided by or under this Act, cause or suffer to be discharged into any drain any chemical refuse or waste steam or any liquid of a temperature higher than one hundred and twenty degrees Fahrenheit, being refuse or steam which when so treated is, either along or in combination with the contents of the drain, dangerous or the cause of a nuisance or prejudicial to health;
(g) cause or suffer to be discharged into any drain, carbide of calcium or any such crude petroleum, any such oil made from petroleum, coal, shale or bituminous substances or such product of petroleum or mixture containing petroleum as gives off under test an inflammable vapour at a temperature of less than seventy-three degrees Fahrenheit.
(2) If the person carrying out any work or doing any act in contravention of any of the clauses of sub-section (1) is not at the time of the notice the owner of such building or work, then the owner of such building of work shall be deemed to have been responsible for carrying out all such requisition in the same way as the person so carrying out would have been liable.
### 187. Water closets, etc. not to be injured or improperly fouled. - (1) No person shall injure or foul any water-closet, privy, urinal or bathing or washing place or any fittings or appliances in connection therewith which have been provided for the use in common of the inhabitants of one or more buildings.
(2) If any such water-closet, privy, urinal or bathing or washing place or any fitting or appliance in connection therewith or the approaches thereto or the walls, floors, or seats or anything used in connection therewith are in such a state as to be a nuisance or source of annoyance to any inhabitant of the said building or buildings or to any inhabitant of the locality or passer-by for want of proper cleaning thereof, such of the persons having the use thereof as may be in default or, in the absence of evidence as to which of the persons having the use thereof in common is in default, every such person shall be deemed to have contravened the provisions of this section.
(3) The provisions of this section shall not exempt the Owner of the building or buildings from any penalty to which he may otherwise have rendered himself liable.
### 188. Commissioner may execute certain works under this Act without allowing option to persons concerned of executing the same. - (1) The Commissioner may, if he thinks fit, cause any work described in this Chapter or in Chapter IX of the Schedule to be executed by municipal or other agency under his own orders, without first of all giving the person by whom the same would otherwise have to be executed the option of doing the same.
(2) The expenses of any work so done shall be paid by the person aforesaid, unless the Corporation shall by a general or special or resolution sanction, as it is hereby empowered to sanction, the execution of such work at the charge of the Municipal Fund.
Chapter XIII
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Water Supply
Construction and Maintenance of Municipal Water Works
### 189. Water supply. - (1) When the Commissioner has given public notice under clause (b) of sub-section (1) of section 130 that the Corporation has arranged to supply water to any portion of the City from municipal water-works by means of private water connections or of public stand posts or by any other means, it shall be incumbent on him to take all such measures as may be practicable to ensure that a sufficient supply is available for meeting the reasonable requirements of the residents of such portion of the City.
(2) For the purposes of carrying out the obligation imposed by sub-section (1) and of providing the City with a supply of water proper and sufficient for public and private purposes, the Commissioner may, with the approval of the Corporation-
(a) construct, maintain in good repair, alter, improve and extend water-works, either within or without the City, and do any other necessary acts;
(b) purchase or take on lease any water-work, or any water or right to store or to take and convey water either within or without the City;
(c) enter into an arrangement with any person for a supply of water.
(3) All municipal water-works shall be managed by the Commissioner.
### 190. Inspection of Municipal water-works by persons appointed by [State] Government. - Any person appointed by the [State] Government in this behalf shall at all reasonable times have liberty to enter upon and inspect any municipal water-works.
### 191. Power of access to municipal water works. - The Commissioner and any person appointed by the [State] Government under section 190 in this behalf may, for the purpose of inspecting of repairing executing or any work in, upon or in connection with any municipal water-works, at all reasonable times-
(a) enter upon and pass through any land, within or without the City, adjacent to or in the vicinity of such water-works, in whomsoever such land may vest;
(b) cause to be conveyed into and through any such land all necessary men, materials, tools and implements.
### 192. Power of carrying water-mains, etc. - (1) For the purposes of carrying, renewing and repairing water-mains, pipes and ducts within or without the City, the Commissioner shall have the same powers and be subject to the same restrictions as he has and is subject to under the provisions hereinbefore contained, for carrying, renewing and repairing drains within the City.
(2) This section shall apply in respect of carrying, renewing and repairing private water-mains, pipes and ducts as it applies in respect of carrying, renewing and repairing municipal water-mains, pipes and ducts.
### 193. Fire-hydrants to be provided. - The Commissioner shall cause fire-hydrants and all necessary works, machinery and assistance for supplying water in case of fire to be provided and maintained and shall have painted or marked on the buildings and walls or in some other conspicuous manner, within the streets, words or marks near to such hydrants to denote the situation thereof, and shall cause a hydrant-key to be deposited at each place within the City where a municipal fire-engine is kept, and do such other things for the purpose aforesaid as he shall deem expedient.
### 194. Prohibition of certain acts affecting the municipal water-works. - (1) Except with the permission of the Corporation, no person shall-
(a) erect any building for any purpose whatever on any part of such area as shall be demarcated by the Commissioner surrounding any lake, tank, well or reservoir from which a supply of water is derived for a municipal water-work;
(b) remove, alter, injure, damage or in any way interfere with the demarcation works of the area aforesaid;
(c) extend; alter or apply to any purpose different to that to which the same has been heretofore applied, any building already existing within the area aforesaid; or
(d) carry on, within the area aforesaid, any operation of manufacture, trade or agriculture in any manner, or do any act whatever, whereby injury may arise to any such lake, tank, well or reservoir or to any portion thereof or whereby the water of any such lake, tank, well or reservoir may be fouled or rendered less wholesome.
(2) Except as hereinafter provided, no person shall -
(a) cause or suffer to percolate or drain into or upon any municipal water-work or to be brought thereinto or thereupon anything, or to be done any act, whereby the water therein may be in any way fouled or polluted or its quality, altered;
(b) alter the surface of any municipal land adjacent to or forming part of any such work by digging thereinto or depositing thereon any substance;
(c) cause or suffer to enter into the water in such work any animal;
(d) throw put anything into or upon the water in such work;
(e) bathe in or near such work; or
(f) wash or cause to be washed in or near such work any animal or thing.
### 195. Buildings, etc. not to be erected over municipal water-main without permission. - (1) Without the written permission of the Commissioner, no building, wall or structure of any kind shall be newly erected or re-erected and no street or minor railway shall be constructed, over any municipal water-main.
(2) If any building, wall or structure be so erected or re-erected or any street or minor railway be so constructed, the Commissioner may, with the approval of the Standing Committee, cause the same to be removed or otherwise dealt with as to him shall appear fit, and the expenses thereby incurred shall be paid by the person, offending.
Public Gratuitous Water-Supply
### 196. Vesting of public drinking fountains, etc. in the Corporation. - (1) All existing public drinking fountains, tanks, reservoirs, cisterns, pumps, wells, ducts and works for the supply of water for the gratuitous use of the inhabitants of the City shall vest in the Corporation and be under the control of the Commissioner.
(2) The Commissioner may maintain the said works and provide them with water, and when authorised by the Corporation in this behalf may construct any other such works for supplying water for the gratuitous use of the inhabitants of the City:
Provided that water carried away by any way of the inhabitants from any such work shall be taken only for personal or domestic purposes, and not for the purpose of business or sale and shall not, except with the written permission of the Commissioner, be carried away in a cask, cart, pakhal or masak.
(3) The Commissioner may temporarily, and with the approval of the Corporation permanently close any of the said works either entirely or partially.
(4) If any such work is permanently closed either entirely or partially by the Commissioner, the site thereof, or of the portion thereof which is so closed, and the materials of the same may be disposed of as the property of the Corporation:
Provided that if any such work which is permanently closed, either entirely or partially, was a gift to the public by some private person, the said site and material or the proceed of the sale thereof shall, unless by reason of their value being insignificant or for other sufficient reason the Corporation thinks fit to direct otherwise, be applied to or towards some local work of public utility bearing the name of such person, or to or towards any such local work which shall be approved by the Corporation and by the heirs or other representatives, if any, of the said person.
### 197. Public drinking fountains etc. may be set apart for particular purposes. - (1) The Commissioner may assign and set apart each of the said works and the water therein for use by the public for such purpose only as he shall think fit, and shall cause to be indicated, by a notice affixed on a conspicuous spot on or near each such work, the purpose for which the same is so assigned and set apart.
(2) No person shall make use of any such work or of any water therein for any purpose other than the purpose for which the same has been so assigned or set apart.
Private Water Supply
### 198. Conditions as to use of water not to be contravened. - No person to whom water is supplied by measurement or according to the size of the connection or on payment of a fixed periodical sum shall contravene any condition prescribed under subsection (2) of section 134 for the use-of such water, or permit any such condition to be contravened.
### 199. Water-pipes, etc. not to be placed where water will be polluted. - No water-pipes shall be laid in a drain or on the surface of an open channel or house-gully or within twenty feet of a cesspool, or in any position where the pipe is likely to be injured or the water therein polluted and no well or tank and, except with the consent of the Commissioner, no cistern shall be constructed within twenty feet of a privy, water-closet or cesspool.
### 200. Prohibition of fraudulent and unauthorised use of water. - (1) No person shall fraudulently dispose of any water supplied to him by the Corporation.
(2) No person to whom a private supply of water is furnished by the Corporation shall, except when the water supplied is charged for by measurement, permit any person who does not reside on premises in respect of which water-tax is paid to carry away water from the premises to which it is supplied.
(3) No person who does not reside on premises in respect of which water-tax is paid shall carry away water from any premises to which a private supply is furnished by the Corporation, unless, in any case in which such supply is charged for by measurement, he does so with the permission of the person to whom such supply is furnished.
General
### 201. Power to supply water without the City. - The Commissioner may supply water from a municipal water-work to any local authority or person without the City on such terms as to payment and so to the period and conditions of supply as shall be, either generally or specially, approved by the Corporation.
Chapter XIV
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Streets Construction, Maintenance and Improvement of Streets
### 202. Vesting of public streets in Corporation. - All streets within the City being, or which at any time become, public streets, except streets, which on the appointed day vested in the [Government] or which after the said day may be constructed and maintained by an authority other than the Corporation and the pavements, stones and other materials thereof shall vest in the Corporation and be under the control of the Commissioner.
### 203. Power of Commissioner in respect of public streets. - (1) The Commissioner shall from time to time cause all public streets vested in the Corporation to be levelled, metalled or paved, channelled, altered and repaired as occasion shall require and may also from time to time widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered and may place and keep in repair fences and posts for the safety of pedestrians:
Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed five thousand rupees or such higher amount as the Corporation may frqm time to time fix shall be undertaken by the Commissioner unless or until such undertaking has been authorised by the Corporation.
(2) With the sanction of the Corporation, the Commissioner may permanently close the whole or any part of a public street vested in the Corporation:
Provided that such sanction of the Corporation shall not be given unless, one month at least before the meeting at which the matter is decided, a notice signed by the Commissioner has been put up in the street or part of a street which it is proposed to close, informing the residents of the said proposal, nor until the objections to the said proposal, if any, made in writing at any time before the day of the said meeting have been received and considered by the Corporation.
### 204. Disposal of land forming site of closed streets. - Whenever any public street or part of a public street, is permanently closed under section 203, the site of such street, or the portion thereof which has been closed, may be disposed of a land vesting in the Corporation subject to the previous sanction of the [State] Government.
### 205. Power to make new public streets. - The Commissioner, when authorised by the Corporation in this behalf, may at any time-
(a) lay out and make a new public street;
(b) agree with any person for the making of a street for public use through the land of such person, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the Corporation, and that such street shall become, on completion, a public street, which shall vest in the Corporation;
(c) construct bridges and sub-ways;
(d) divert or turn an existing pubic street vested in the Corporation or a portion thereof.
### 206. Minimum width of new public streets. - (1) The Corporation shall from time to time with sanction of the [State] Government specify the minimum width for different classes of public streets according to the nature of the traffic likely to be carried thereon, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.
(2) The width of a new public street made under section 205 shall not be less than that prescribed under sub-section (1) for the class to which it belongs and no steps and, except with the written permission of the Commissioner under section 227, no other projections shall extend on to any such street.
### 207. Power to adopt, construct or alter any sub-way, bridge, etc. - The Commissioner when authorised by the Corporation in this behalf, may agree with any person-
(a) to adopt and maintain any existing or protected sub-way, bridge, viaduct or arch, and the approaches thereto, and may accordingly adopt and maintain such sub-way, bridge, viaduct or arch and approaches as parts of public streets, or as property vesting in the Corporation, or
(b) for the construction or alteration of any such sub-way, bridge, viaduct or arch or for the purchase or acquisition of any adjoining land required for the foundations and support thereof or for the approaches thereto, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the Corporation.
### 208. Power to prohibit use of public streets for certain kinds of traffic. - (1) It, shall be lawful for the Commissioner with the sanction of the Corporation to-
(a) prohibit vehicular traffic in any particular street vesting in the Corporation so as to prevent danger, obstruction or inconvenience to the public by fixing up posts at both ends of such street or portion of such street;
(b) prohibit in respect of all public streets, or particular public streets, the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwieldy objects as may be deemed likely to cause injury to the roadways or any construction thereon, or risk or obstruction to other vehicles or to pedestrians along or over such street or streets, except under such conditions as to time, mode of traction or locomotion, use of appliances for protection of the roadway, number of lights and assistants, and other general precautions and the payment of special charges as may be specified by the Commissioner generally or specially in each case.
(2) Notices of such prohibitions as are imposed under sub-section (1) shall be posted up in conspicuous places at or near both ends of the public streets or portions thereof to which they relate, unless such prohibitions apply generally to all public streets.
### 209. Power to acquire premises for improvement of public streets. - (1) The Commissioner may, subject to the provisions of sections 77, 78 and 79-
(a) acquire any land required for the purpose of opening, widening, extending, diverting or otherwise improving any public street, bridge or sub-way or of making any new public street, bridge or sub-way and the buildings, if any, standing upon such land;
(b) acquire in addition to the said land and the buildings, if any, standing thereupon, all such land with the buildings, if any, standing thereupon, as it shall seem expedient for the Corporation to acquire outside of the regular line, or of the intended regular line, of such street;
(c) lease, sell or otherwise dispose of any land or building purchased under clause (b).
(2) The acquisition of land for providing, extending or improving a place for the parking of vehicles shall be deemed to be acquisition of land for the purpose of providing, extending or improving a public street.
(3) Any conveyance of land or of a building under clause (c) of sub-section (1) may comprise such conditions as the Commissioner thinks fit, as to the removal of existing building, the description of new building to be erected, the period within which such new building shall be completed and other such matters.
### 210. Power to prescribe street lines. - (1) The Commissioner may,-
(a) prescribe a line on one or both sides of any public street:
Provided that every regular line of a public street operative under any law for the time being in force in any apart of the City on the day immediately preceding the appointed day shall be deemed to be a street line for the purposes of this Act until a street line is prescribed by the Commissioner under this clause;
(b) from time to time, but subject in each case to the previous approval of the Standing Committee, prescribe a fresh line in substitution for any line so prescribed or for any part thereof:
Provided that such approval shall not be accorded unless, at least one month before the meeting of the Standing Committee at which the matter is decided, public notice of the proposal has been given by the Commissioner by advertisement in the local newspapers and special notice thereof, signed by the Commissioner, has also been put up in the street or part of the street for which such fresh line is proposed to be prescribed and until the Standing Committee has considered all objections to the said proposal made in writing and delivered at the office of the Municipal Secretary not less than three clear days before the day of such meeting.
(2) The line for the time being prescribed shall be called "the regular line of the street".
(3) A register with plans attached shall be kept by the Commissioner showing all public streets in respect of which a regular line of the street has been prescribed and such register shall contain such particulars as to the Commissioner may appear to be necessary and shall be open to inspection by any person upon payment of such fee as may from time to time be prescribed by the Standing Committee.
(4) (a)
Subject to the provisions of sub-section (5) , no person shall construct or reconstruct any portion of any building on land within the regular line of the street except with the written permission of the Commissioner and in accordance with the conditions, imposed therein and the Commissioner shall in every case in which he gives such permission, at the same time, report his reasons in writing to the Standing Committee.
(b) No person shall construct or reconstruct any boundary wall or a portion of a boundary wall within the regular line of the street except with the written permission of the Commissioner:
Provided that if, within sixty days after the receipt of an application from any person for permission to construct or reconstruct a boundary wall or a portion thereof, the Commissioner fails to acquire the land within the regular line of the street under section 213 the said person may, subject to any other provisions of this Act or the rules or bye-laws, proceed with the work of construction or reconstruction of such boundary wall or a portion thereof, as the case may be.
(5) (a)
When the Commissioner grants permission under clause (a) of sub-section (4) for the construction or reconstruction of any building on land within the regular line of the street, he may require the owner of the building to execute an agreement binding himself and his successors in title not to claim compensation in the event of the Commissioner at any time thereafter calling upon him or any of his successors by written notice to remove any work carried out in pursuance of such permission or any portion thereof and to pay the expenses of such removal if, in default, such removal is carried out by the Commissioner:
(b) The Commissioner may, before granting such permission, require the owner to deposit in the municipal office an amount sufficient in his opinion to cover the cost of removal and such compensation, if any, as may be payable to any successor in title or transferee of such building.
### 211. Setting back buildings to the regular line of the street. - (1) If any building or any part of a building abutting on a public street is within the regular line of the street, the Commissioner may, whenever it is proposed-
(a) to rebuild such building or to take down such building to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic feet; or
(b) to remove, reconstruct or make any addition to or structural alteration in any portion of such building which is within the regular line of the street,
in any order which he issues concerning the rebuilding, alteration or repair of such building, require such building to be set back to the regular line of the street.
(2) When any building or any part thereof within the regular line of the street falls down or is burnt down or is taken down, whether under the provisions of this Act or otherwise, the Commissioner may at once take possession on behalf of the Corporation of the portion of land within the regular line of the street theretofore occupied by the said building, and, if necessary, clear the same.
(3) Land acquired under this section shall thenceforward be deemed a part of the public street and shall vest, as such, in the Corporation.
### 212. Additional power to Commissioner to order setting back of buildings to regular line of street. - (1) If any building or any part thereof is within the regular line of a public street and if, in the opinion of the Commissioner, it is necessary to set back the building to the regular line of the street, he may, if the provisions of section 211 do not apply, by written notice-
(a) require the owner of such building to show cause within such period as is specified in such notice by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, why such building or any part thereof, which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner; or
(b) require the said owner on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf and show cause why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner.
(2) If such owner fails to show sufficient cause to the satisfaction of the Commissioner why such building or any part thereof, which is within the regular line of the street, shall not be pulled down and the land within the said line acquired as aforesaid, the Commissioner may, with the approval of the Standing Committee, require the owner by a written notice to pull down the building or the part thereof which is within the regular line of the street [and where a part of building is required to be pulled down, to also enclose the remaining part by putting up a protecting frontage wall] within such period as is prescribed in the notice.
(3) If within such period the owner of such building fails to pull down such building or any part thereof coming within the said line, the Commissioner may pull down the same [and where a part of a building is pulled down may also enclose, the remaining part by putting up a protecting frontage wall] and all the expenses in so doing shall be paid by the owner.
(4) The Commissioner shall at once take possession on behalf of the Corporation of the portion of the land within the said line theretofore occupied by the said building and such land shall thenceforward be deemed a part of the public street and shall vest as such in the Corporation.
(5) Nothing in this section shall be deemed to apply to buildings vesting in the [Government],
### 213. Acquisition of open land or of land occupied by platforms, etc., within regular line of street. - If any land not vesting in the Corporation, whether open or enclosed, lies within the regular line of a public street and is not occupied by a building, or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building, abutting on a public street or a portion of a platform, verandah, step, compound wall, hedge or fence or other such structure, is within the regular line of such street, the Commissioner may, after giving to the owner of the land or building not less than seven clear days written notice of his intention to do so, take possession on behalf of the Corporation of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step or other such structure as aforesaid, or of the portion of the said platform, verandah, step or other such structure as aforesaid which is within the regular line of the street and, if necessary, clear the same and the land so acquired shall thenceforward be deemed part of the public street:
Provided that when the land or building is vested in the [Government], possession shall not be taken as aforesaid, without the previous sanction of the Government concerned and, when the land or building is vested in any Corporation constituted by any law for the time being in force, possession, shall not be taken as aforesaid, without the previous sanction of the [State] Government.
### 214. Acquisition of the remaining part of building and land after their portions within a regular line of the street are acquired. - (1) If a building or land is partly within the regular line of a public street and if the Commissioner is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street vesting in the Corporation.
(2) Such surplus land may thereafter be utilised for the purpose of setting forward of buildings under section 215.
### 215. Setting forward of buildings to the line of the street. - (1) If any building which abuts on a public street is in rear of the regular line of such street, the Commissioner may, whenever it is proposed-
(a) to rebuild such building, or
(b) to alter or repair such building in any manner that will involve the removal or re-erection of such building, or of the portion thereof which abuts on the said street to an extent exceeding one-half of such building or portion thereof above the ground level, such half to be measured in cubic feet, in any order which he issues concerning the rebuilding, alteration or repair of such building, permit or, with the approval of the Standing Committee, require such building to be set forward to the regular line of the street.
(2) For the purpose of this section, a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed to be a sufficient compliance with a permission or requisition to set forward a building to the regular line of a street if a wall of such materials and dimensions as are approved by the Commissioner, is erected along the said line.
### 216. Compensation to be paid and betterment charges to be levied. - (1) Compensation shall be paid by the Commissioner to the owner of any building or land required for a public street under sections 211, 212, 213 or 214 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of the order made by the Commissioner:
Provided that-
(i) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the set-back to the regular line of the street shall be take into consideration and allowed for in determining the amount of such compensation;
(ii) if any such increase in value exceeds the amount of loss sustained or expenses incurred by the said owner, the Commissioner may recover from such owner half the amount of such excess as a betterment charge.
(2) If, in consequence of an order to set forward a building made by the Commissioner under section 215, the owner of such building sustains any loss or damage, compensation shall be paid to him by the Commissioner for such loss or damage after taking into account any increase in value likely to accrue from the set-forward.
(3) If the additional land which will be included in the premises of any person required or permitted under section 215 to set forward a building belongs to the Corporation, the order or permission of the Commissioner to set forward the building shall be sufficient conveyance to the said owner of the said land; and the price to be paid to the Corporation by the said owner for such additional land and the other terms and conditions of the conveyance shall be set forth in the said order or permission.
(4) If, when the Commissioner requires a building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the Corporation or any of the other terms or conditions of the conveyances, the Commissioner shall upon the application of the said owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the Judge.
Provisions Regarding Private Streets
### 217. Notice to be given to Commissioner of intention to lay out lands for buildings and for private streets. - Every person who intends-
(a) to sell or let on lease any land subject to a covenant or agreement on the part of a purchaser or lessee to erect buildings thereon,
(b) to divide land (whether unbuilt or partly built) into building, plots,
(c) to use any land or a portion thereof or permit the same to be used for building purposes, or
(d) to make or lay out a private street, whether it is intended to allow the public a right of passage or access over such street or not,
shall give written notice of his intention to the Commissioner and shall, along with such notice, submit plans and sections, showing the situation and boundaries of such building land and the site of the private street (if any) and also the situation and boundaries of all other lands of such person of which such building land or site forms a part and the intended development, laying out and plotting of such building land including the dimensions and area of each building plot and also the intended level, direction, width, means of drainage, paving, metalling and lighting of such private street, the provisions for planting and rearing of trees beside such private street, and the height and means of drainage and ventilation of the building or buildings proposed to be erected on the land, and if any building when erected will not abut on a street then already existing or then intended to be made as aforesaid, the means of access from and to such building and the manner of paving, metalling, draining and lighting of such means of access.
### 218. Commissioner may call for further particulars. - If any notice under section 217 does not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case or if any such notice given for any of, or all, the purposes mentioned in clause (a) , (b) or (c) of the said section does not contain any proposal or intention to make or lay out a private street, he may, at any time within thirty days after receipt of the said notice, by written notice require the person who gave the said notice-
(a) to furnish the required information together with all or any of the documents specified in the rules, or
(b) to revise any or all the schemes submitted under the said clause (a), (b) or
(c) so as to provide for the making or laying out of a private street or private streets of such width or widths as he may specify in addition to or in substitution of any means of access proposed to be provided in such scheme or schemes and to furnish such further information and documents relating to the revised scheme or schemes as he may specify.
### 219. Commissioner may require plans to be prepared by licensed surveyor. - The Commissioner may decline to accept any plan, section or description as sufficient for the purposes of section 217 or 218 which does not bear the signature of a licensed surveyor in token of its having been prepared by such surveyor or under his supervision.
### 220. Laying out of land, dimensions and area of each building plot laying out of private streets and buildings and heights of buildings to be determined by Commissioner. - (1) The laying out of land for building, the dimensions and area of each building plot, the level, direction, width and means of drainage of every private street, the kind and number of trees to be planted and reared beside such streets and the height and means of drainage and ventilation of and access to all buildings to be erected on such land or on either side of such street shall be fixed and determined by the Commissioner subject to such general directions as the Standing Committee may give in this behalf from time to time with the general object of securing sanitary conditions, amenity and convenience in connection with the laying out and use of the land and of any neighbouring lands, and also with the object that the proposed private street may not conflict with any arrangements which have been made or which are, in the opinion of the Commissioner, likely to be made for carrying out any general scheme of new streets or of improvements of existing streets in the locality:
Provided that if, within sixty days after the receipt by the Commissioner of any notice under section 217 or of the plans, sections, descriptions, scheme or further information, if any, called for under section 218, the disapproval by the Commissioner with regard to any of the matters aforesaid specified in such notice has not been communicated to the person who gave the same, the proposals of the said person shall be deemed to have been approved by the Commissioner.
(2) When the Commissioner signifies in writing to the said person his approval of the said work under certain conditions or without any conditions, or when the said work is deemed to have been approved by the Commissioner as aforesaid, the said person may at any time within one year from the date of the delivery of the notice under section 217 to the Commissioner, proceed with the said work in accordance with the intention as described in the notice or in any of the documents aforesaid and in accordance with the conditions, if any, prescribed by the Commissioner, but not so as to contravene any of the provisions of this Act or any rule or bye-law.
### 221. Land not to be appropriated for building and private street not to be laid out until expiration of notice nor otherwise than in accordance with Commissioner's directions. - (1) No person shall sell, let, use or permit the use of any land whether undeveloped or partly developed for building or divide any such land into buildings plots, or make or lay out any private street-
(a) unless such person has given previous written notice of his intention as provided in section 217 not until the expiration of sixty days from delivery of such notice, nor otherwise than in accordance with such directions (if any) as may have been fixed and determined under sub-section (1) of section 220;
(b) after the expiry of the period of one year specified in sub-section (2) of section 220;
(c) unless such person gives written notice to the City Engineer of the date on which he proposes to proceed with any work which he is entitled to carry out and commences such work within seven day's of the date mentioned in the notice.
(2) If any act be done or permitted in contravention of this section, the Commissioner may by written notice require any person doing or permitting such act-
(a) to show cause on or before such day as shall be specified in such notice by statement in writing subscribed by him in that behalf and addressed to the Commissioner, why the laying out, plotting, street or building contravening this section should not be altered to the satisfaction of the Commissioner, or, if that be in his opinion impracticable, why such street or building should not be demolished or removed or why the land should not be restored to the condition in which it was prior to the execution of the unauthorised work, or
(b) to attend personally or by an agent duly authorised by him in that behalf on such day and at such time and place as shall be specified in such notice and show cause as aforesaid.
(3) If such person shall fail to show cause to the satisfaction of the Commissioner why such street or building should not be so altered, demolished or removed or why such land should not be so restored, the Commissioner may cause the work of alteration, demolition, removal or restoration to be carried out and the expenses thereof shall be paid by the said person.
### 222. Renewal of notice of intention to carry out works not executed in pursuance of approval given under section 220. - If a person who is entitled to proceed with any work under section 220 fails so to do within the period of one year specified therein, he may at any time give fresh notice of his intention to execute such work and such notice shall be treated as a new notice under section 217.
### 223. Levelling and draining of private streets and means of access. - If any private street or any other means of access to a building be not levelled, metalled, flagged or paved, sewered, drained, channelled, lighted or provided with trees for shade to the satisfaction of the Commissioner, he may, with the sanction of the Standing Committee, by written notice, require the owner or owners of the several premises fronting or adjoining the said street or other means of access or abutting thereon or to which access is obtained through such street or other means of access or which will benefit by works executed under this section, to carry out any one or more of the aforesaid requirements in such manner as he shall direct.
### 224. Power to declare private streets when sewered etc. public streets. - When any private street has been levelled, metalled, flagged or paved, sewered, drained, channelled and made good to the satisfaction of the Commissioner, he may and, upon the request of the owners or of any of the owners of such street, shall, if lamps, lamp-posts and other apparatus necessary lighting such street have been provided to his satisfaction and if all land revenue payable to the [State] Government in respect of the land comprised in such street has been paid, declare the same to be a public street by notice in writing put up in any part of such street and thereupon the same shall become a public street and vest in the Corporation as such:
Provided that no such street shall become a public street if, within one month after such notice has been put up, the owner of such street or the greater part thereof shall, by notice in writing to the Commissioner, object thereto.
### 225. Applicability of section 223 and 224 when a street is in part public and in part private. - If a portion only of any street is a public street, the other portion of such street may for all purposes of sections 223 and 224 be deemed to be private street.
Projections and Obstructions
### 226. Prohibition of projections upon streets, etc. - (1) Except as provided in section 227, no person shall erect, set-up, add to, or place against or in front of any premises any structure or fixture, which will-
(a) overhang, jut or project into, or in any way encroach upon, or obstruct in any way the safe or convenient passage of the public along any street, or
(b) jut or project into or encroach upon any rain or open channel in any street, so as to in any way to interfere with the use of proper working of such drain or channel or to impede the inspection or cleansing thereof.
(2) The Commissioner may, by written notice, require the owner or occupier of any premises to remove or to take such other order as he may direct, with any structure or fixture which has been erected, set-up, added to or placed against, or in front of the said premises in contravention of this section or of any law in force in the City on the day immediately preceding the appointed day.
(3) If the occupier, of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set-up or placed by himself, to credit in account with the owner of the premise for all reasonable expenses incurred by him in complying with the said notice.
(4) If any such structure or fixture as is described in sub-section (1) has been erected, set-up, added to, or placed against or in front of any premises at any time before the first day of April 1901, the Commissioner may give notice as aforesaid to the owner or occupier of the said premises:
Provided that if in any such case the structure or fixture was lawfully erected, set-up, added to or placed, compensation shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof.
### 227. Projections over streets may be permitted in certain cases. - (1) The Commissioner may give a written permission, on such terms as he shall in each case think fit, to the owner or occupier of any building abutting on any street,-
(a) to erect an arcade over such street or any portion thereof, or
(b) to put up a verandah, balcony, arch, connecting passage, sun-shade, weather-frame, canopy, awning, or other such structure or thing projecting from any storey over or across any street or portion thereof:
Provided that no permission shall be given by the Commissioner for the erection of an arcade in any public street in which the construction of arcades has not been generally sanctioned by the Corporation.
(2) The provisions of section 226 shall not be deemed to apply to any arcade, verandah, balcony, arch, connecting passage, sun-shade, weather-frame, canopy, awning or other structure or thing erected or put up under and in accordance with the terms of a permission granted under this section.
(3) The Commissioner may at any time, by written notice require the owner or occupier of any building to remove a verandah, balcony, sun-shade, weather-frame or the like put up in accordance with the provisions of sub-section (1) and such owner or occupier shall be bound to take action accordingly but shall be entitled to compensation for the loss caused to him by such removal and the cost incurred thereon.
### 228. Ground-floor doors etc., not to open outwards on streets. - The Commissioner may at any time, by written notice, require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards upon a street, or upon any land required for the improvement of a street, in such manner as, in the opinion of the Commissioner, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.
### 229. Prohibition of structures or fixtures which cause obstruction in streets. - (1) No person shall, except with the permission of the Commissioner under section 227 or 234, erect or set-up any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy, any portion of such street channel, dram, well or tank.
(2) Nothing in this section shall be deemed to apply to any erection or thing to which clause (c) of sub-section (1) of section 239 applies.
### 230. Prohibition of deposits etc., of things in streets. - (1) No person shall, except with the written permission of the Commissioner,-
(a) place or deposit upon any street, or upon any open channel, drain, or well in any street or in any public place any stall, chair, bench, box, ladder, bale, or other thing whatever so as to form an obstruction thereto or encroachment thereon;
(b) project at a height of less than twelve feet from the surface of the street, any board or chair, beyond the line of the plinth of any building over any street, or over any open channel, drain, well or tank in any street;
(c) attach to, or suspend from, any wall or portion of a building abutting on a street, at a lower height than aforesaid anything whatever.
(2) Nothing in clause (a) of sub-section (1) applies to building materials.
### 231. Commissioner may, without notice, remove anything erected, deposited or hawked or exposed for sale in contravention of Act. - The Commissioner may, without notice, cause to be removed,-
(a) any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture which shall be erected or set up in or upon or over any street or upon or over any open channel, drain, well or tank contrary to the provisions of this Act after the appointed day;
(b) any stall, chair, bench, box, ladder, bale, board or shelf or any other thing whatever placed, deposited, projected, attached or suspended in, upon from or to any place in contravention of this Act;
(c) any article whatsoever hawked or exposed for sale in a public place or in any public street in contravention of the provisions of this Act and any vehicle, package, box or any other thing in or on which such article is placed.
### 232. Power to require removal of any structure or erected fixture or set-up before the appointed day. - The Commissioner may, by written notice, require the owner or occupier of any premises contiguous to, or in front of or in connection with which any wall, fence, rail, post, step, booth or other structure or fixture, which it would be unlawful to erect or set-up under this Act, has been erected or set-up before the appointed day, to remove the said wall, fence, rail, post, step, stall or other structure or thing:
Provided that, if in any such case the structure or fixture shall have been lawfully erected or set-up, compensation shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof.
### 233. Prohibition of tethering of animals in public streets. - (1) No person shall tether any animal or cause or permit the same to be tethered by any member of his family or household, in any public street.
(2) Any animal tethered as aforesaid may be removed by the Commissioner, or by any municipal officer or servant and made over to a police officer, or may be removed by a police officer, who shall deal therewith as with an animal found straying.
Temporary Erections on Streets During Festivals
### 234. Commissioner may permit booths, etc. to be erected on streets on festivals. - [With the concurrence, in any area for which a Commissioner of Police has been appointed, of the Commissioner of Police or any officer nominated by him and elsewhere, of the District Magistrate or any officer nominated by him,] the Commissioner may grant a written permission for the temporary erection of a booth and any other such structure on any street on occasions of ceremonies and festivals.
Provisions Concerning Execution of Works in or Near to Streets
### 235. Streets when broken up for any municipal purposes to be restored without delay. - Whenever the soil or pavement of any street is opened or broken up by or under the order of the Commissioner, or of any municipal officer or servant, for the execution of any work on behalf of the Corporation, the work on account of which the same shall have been opened or broken up shall be completed and the soil or pavement filled in, reinstated and made good with all convenient speed; and on completion of the work, the surplus of earth and materials, if any, excavated and all rubbish occasioned thereby shall be removed without delay.
### 236. Commissioner may close streets in which work is in progress. - (1) The Commissioner may, whilst any such work as aforesaid or any work which may lawfully be executed in any street is in progress, direct that the said street shall be wholly or partially closed for traffic or for traffic of such description as he shall think fit; and shall set up in a conspicuous position an order prohibiting traffic to the extent so directed, and fix such bars, chains or posts across or in the street as he shall think proper for preventing or restricting traffic therein.
(2) No person shall, without the permission of the Commissioner or without other lawful authority, remove any bar, chain or post so fixed or infringe any order prohibiting traffic so set up.
### 237. Commissioner to provide for traffic, etc, pending execution of municipal work in any street. - Whilst the execution of any work on behalf of the Corporation is in progress in any street, the Commissioner shall, so far as may be reasonably practicable, make adequate provision for the passage or diversion of traffic, for securing access to all premises approached from such street, and for any drainage, water-supply, or means of lighting which may be interrupted by reason of the execution of the said work.
### 238. Precautions to be taken for public safety whilst municipal works are in progress in any street. - (1) Whilst the execution of any work on behalf of the Corporation is in progress in any street, the Commissioner shall-
(a) take proper precaution for guarding against accident by shoring up and protecting the adjoining buildings;
(b) have any place where the soil or pavement has been opened or broken up, fenced and guarded;
(c) have a light sufficient for the warning of passengers set up and kept every night against any such place and against any bars, chains or posts set up under section 236 for so long as such place shall be continued open or broken up, or such bars, chains or posts shall remain set up.
(2) No person shall, without the written permission of the Commissioner or without other lawful authority, remove any shoring timber or fence, or remove or extinguish any light employed or set up for any of the purposes of this section.
### 239. Streets not to be opened or broken up and building materials not to be deposited thereon without permission. - (1) No person other than the Commissioner or a municipal officer or servant shall without the written permission of the Commissioner or without other lawful authority.
(a) open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement, or any wall, fence, posts, chain or other material or thing forming part of any street;
(b) deposit any building materials in any street; or
(c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of enclosure, for the purpose of making mortar l5r depositing bricks, lime, rubbish or other materials.
(2) Any permission granted under clause (b) or (c) of sub-section (1) shall be terminable at the discretion of the Commissioner, on his giving not less than twenty-four hours' written notice of the termination thereof to the person to whom such permission was granted.
(3) Except in cases in which permission has been applied for under clause (b) of subsection (1) for the deposit of building materials in any street and no reply has been sent to the applicant within seven days from the date of the application, the Commissioner may, without notice, cause to be removed any building materials, or any scaffold, or any temporary erection, or any posts, bars, rails, boards or other things by way of enclosure, which have been 'deposited or set up in any street without the permission or authority specified in sub-section (1) or which, having been deposited or set up with such permission or authority, have not been removed within the period specified in the notice issued under sub-section (2).
### 240. Precautions for public safety to be taken by persons to whom permission is granted under section 239. - Every person to whom any permission is granted under section 239, shall, at his own expense, cause the place where the soil or pavement has been opened or broken up or where he has deposited building materials or set up any scaffold, erection or other thing, to be properly fenced and guarded, and, in all cases in which the same is necessary to prevent accidents, shall cause such place to be well lighted during night.
### 241. Person to whom permission is granted under section 239 must reinstate streets, etc. - (1) Every person to whom permission is granted under section 239 to open or break up the soil or pavement of any street, or who, under other lawful authority, opens or breaks up the soil or pavement of any street, shall with all convenient speed complete the work for which the same shall be opened or broken up, and fill in the ground and reinstate and make good the street or pavement so opened or broken up without delay to the satisfaction of the Commissioner.
(2) If the said person shall fail to reinstate and make good the street or pavement as aforesaid, the Commissioner may restore such street or pavement, and the expenses incurred by the Commissioner in so doing shall be paid by the said person.
### 242. Provisions to be made by persons granted permission under section 239 for traffic etc. - The Commissioner may, by written notice, require any person to whom permission is granted under section 239 to open or break up the soil or pavement of any street, or who, under any other lawful authority, opens or breaks up the soil or pavement of any street for the purpose of executing any work, to make provision to his satisfaction for the passage or diversion of traffic for securing access to the premises approached from such street and for any drainage, water-supply or means of lighting which may be interrupted by reason of the execution of the said work.
### 243. Buildings at corners of streets. - (1) The Commissioner may, with the approval of the Standing Committee, require by written order the corner of any building which has already been erected, or which is to be newly erected or which is to be reconstructed or repaired and which is situated at the junction of two or more streets to be rounded or splayed off to such height and in such manner as he may determine and may also in such order impose such conditions as he deems necessary as to the construction of a compound wall or fence or hedge or any other structure whatsoever or the planting or retention of any tree on the premises appurtenant to such building.
(2) Compensation shall be paid by the Commissioner for any loss or damage caused by the issue of an order under sub-section (1).
Sky-Signs and Advertisements
### 244. Regulations as to sky-signs. - (1) No person shall, without the written permission of the Commissioner, erect, fix or retain any sky-sign of the kind prescribed by rules whether existing on the appointed day or not. Such written permission [may be granted or renewed for a period not exceeding two years] from the date of each such permission or renewal, subject to the condition that such permission shall be deemed to be void if,-
(a) any addition is made to the sky-sign except for the purpose of making it secure under the direction of the City Engineer;
(b) any change is made in the sky-sign, or any part thereof;
(c) the sky-sign or any part thereof fall either through accident, decay or any other cause;
(d) any addition or alteration is made to, or in, the building or structure upon or over which the sky-sign is erected, fixed or retained, involving the disturbance of the sky-sign or any part thereof;
(e) the building or structure upon or over which the sky-sign is erected, fixed or retained becomes unoccupied or be demolished or destroyed.
(2) Where any sky-sign shall be erected, fixed or retained after the appointed day upon or over any land, building or structure, save and except as permitted as hereinbefore provided, the owner or person in occupation of such land, building or structure shall be deemed to be the person who has erected, fixed or retained such sky-sign in contravention of the provisions of this section, unless he proves that such contravention was committed by a person not in his employment or under his control, or was committed without his connivance.
(3) If any sky-sign be erected, fixed or retained contrary to the provisions of this section, or after permission for the erection, fixing or retention thereof for any period shall have expired or become void, the Commissioner may, by written notice require the owner or occupier of the land, building or structure, upon or over which the sky-sign is erected, fixed or retained, to take down and remove such sky-sign.
245. Regulation and control of advertisements. - (1) No person shall, without the written permission of the Commissioner, erect, exhibit, fix or retain any advertisement upon such land, building wall, hoarding or structure:
Provided always that such permission shall not be necessary in respect of any advertisement which is not illuminated advertisement or a sly-sign and which-
[(a) is exhibited within the window of any building, or
(b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein, or to any sale, entertainment or meeting to be held upon or in the same or to the trade or business carried on by the owner of any omnibus or other vehicle upon which such advertisement is exhibited, or;
(c) relates to the business of any railway company or;
(d) is exhibited within any railway station or upon any wall or property of a Railway administration not fronting any streets.
(2) Where any advertisement shall be erected, exhibited, fixed or retained after three months from the enactment of this section upon any land, building wall, hoarding or structure in contravention of the provisions of sub-section (1) the owner or person in occupation of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in contravention of the provisions of this section, unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance.
(3) If any advertisement, be erected, exhibited, fixed or retained contrary to the provisions of this section or after the expiry of the permission granted under sub-section (1) the Commissioner may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding or structure upon which the advertisement has been erected, exhibited, fixed or retained, to take down or remove the advertisement.
(4) (a)
The words "structure" in this section shall include an omnibus and any vehicle or moveable board used primarily as an advertisement or an advertising medium; and
(b) The expression "illuminate advertisement" in this section shall not include an illuminated display of goods, if such display,-
(i) is of goods merely bearing labels showing the name of the article or of its manufacturer or of both, and
(ii) is made by lighting which is not, in the opinion of the Commissioner, more than is necessary to make the goods and labels visible at night.]
Dangerous Place and Places where some work Affecting human Safety or Convenience is Carried On
### 246. Hoards to be set up during work on any building adjacent to street. - (1) No person who proposes to build, take down or rebuild any building or wall, or to alter or repair any part of any building or wall, shall, in any case in which the footway in any adjacent street will be thereby obstructed or rendered less convenient, commence doing so without first having caused to be put up a proper and sufficient hoard or fence, with a convenient platform and hand-rail if there be room enough for the same and the Commissioner shall think the same desirable, to serve as a footway for passengers outside of such hoard or fence.
(2) No board or fence shall be so put up without the previous written permission of the Commissioner, and every such hoard or fence, put up with such permission, with such platform and hand-rail as aforesaid, shall be continued standing and maintained in good condition to the satisfaction of the Commissioner, by the person who carries on the work, during such time as may be necessary for the public safety and convenience; and, in all cases in which the same is necessary to prevent accidents, the said person shall cause such hoard or fence to be well lighted during the night.
(3) The Commissioner may, by written notice, require the person aforesaid to remove any hoard or fence so put up.
### 247. Commissioner to take proceedings for repairing or enclosing dangerous place or places where some work affecting safety or convenience is carried on. - (1) If any place is, in the opinion of the Commissioner, for want of sufficient repair, protection or enclosure or owing to some work being carried on thereupon, dangerous to passengers along a street, or to persons who have lawful access thereto or to the neighbourhood thereof or if any such work, in the opinion of the Commissioner, affects the safety or convenience of such persons, he may, by notice in writing, require the owner or occupier thereof to repair, protect or enclose the said place or take such other step as shall appear to the Commissioner necessary, in order to prevent danger therefrom or to ensure safety or convenience of such persons.
(2) The Commissioner may, before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent danger from the said place or to ensure safety or convenience at such work, and any expense incurred by the Commissioner in taking such temporary measure shall be paid by the owner or occupier of the place to which the said notice refers.
### 248. Protective measures during demolition work. - (1) No person who proposes to take down a building or a part thereof, shall commence doing so without providing, in addition to such hoard or fence which he may be required to provide under section 246, screens extending to the full height of such building on all sides thereof so as to prevent pollution of the surrounding air with dust or injury or damage caused by the falling of any debris, bricks, wood and other material.
(2) If any such work is commenced in contravention of sub-section (1), the Commissioner may cause it to be stopped forthwith and any person carrying it out to be removed from the premises by a Police Officer.
Lighting of Streets
### 249. Public streets to be lighted. - (1) The Commissioner shall,-
(a) take measures for lighting in a suitable manner the public streets, municipal gardens and open spaces and municipal markets and all buildings vesting in the Corporation;
(b) procure, erect and maintain such number of lamps, lamp-posts and other appurtenances as may be necessary for the said purpose; and
(c) cause such lamps to be lighted by means of oil, gas, electricity or such other light as the Corporation shall from time to time determine.
(2) The Commissioner may place and maintain electric wires for the purpose of lighting such lamps under, over, along or across, and posts, poles, standards, stays, struts, brackets and other contrivances for carrying, suspending or supporting lamps or electric wires in or upon, any immovable property without being liable to any claim for compensation thereanent:
Provided that such wires, posts, poles, standards, stays, struts, brackets and other contrivances shall be so placed as to occasion the least practicable inconvenience or nuisance to any person.
Watering of Streets
### 250. Measures for watering streets. - The Commissioner may-
(a) take measures for having the public streets watered at such time and seasons and in such manner as he shall think fit,
(b) procure and maintain such vehicles, animals and apparatus as he shall think fit for the said purpose.
Miscellaneous
### 251. Prohibition of removal, etc. of lamps or any other municipal property on streets. - No person shall, without lawful authority, take away or wilfully break, throw down or damage-
(a) any lamp-post or lam ps-iron set up in any public street or in any municipal garden, open space or market or building vesting in the Corporation;
(b) any electric wire for lighting any such lamp;
(c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any such electric wire or lamp;
(b) any property of the Corporation on any street; and no person shall wilfully extinguish the light or damage any appurtenance of any such lamp.
### 252. Persons accidentally breaking lamps, etc., to repair the damage. - If any person shall, through negligence or accident, break any lamp set up in any public street or municipal market, garden or public place or building vesting in the Corporation or shall break or damage any property of the Corporation on any street, he shall pay the expenses of repairing the damage so done by him.
Chapter XV
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Building Regulations Notices Regarding Erection, Etc. of Buildings
### 253. Notice to be given to Commissioner of intention to erect building. - (1) Every person who shall intend to erect a building shall give to the Commissioner notice of his said intention in the form prescribed in the bye-laws and containing all such information as may be required to be furnished under the bye-laws.
(2) Every such notice shall be signed in the manner prescribed in the bye-laws and shall be accompanied by such documents and plans as may be so prescribed.
(3) In this Chapter, the expression "to erect a building" means-
(a) newly to erect a building on any site whether previous built upon or not,
(b) to re-erect-
(i) any building of which more than one-half of the cubical contents of the building above the level of the plinth have been pulled down, burnt or destroyed,
(ii) any masonry building of which more than three-fourths of the superficial area of the external walls above the level of the plinth has been pulled down, or
(iii) any frame building of which more than three quarters of the number of the posts or beams in the external walls have been pulled down.
(c) to convert into a dwelling house any building or part of a building not originally constructed for human habitation or, if originally so constructed, appropriated for any other purpose,
(d) to convert into more than one dwelling house a building originally constructed as one dwelling house only.
(e) to convert by any structural alteration into a place of religious worship or into a sacred building any place or building not originally meant or constructed for such purpose;
(f) to roof or cover an open space between walls or buildings as regards the structure which is formed by roofing or covering such space,
(g) to convert by a structural alteration two or more tenements in building into a greater or lesser number,
(h) to make any structural alteration in a building so as to affect its drainage or sanitary arrangements or its stability.
(i) to convert into a stall, shop, warehouse or godown any building not originally constructed for use as such, or
(j) to construct in a wall adjoining any street or land not vested in the owner of the wall, a door opening on such street or land, and each of the above operations shall be deemed to be the erection of a new building for the purposes of this Chapter.
### 254. Notice to be given to Commissioner of intention to make additions etc. to building. - (1) Every person who shall intend -
(a) to make any addition to a building,
(b) to make any alteration or re pairs to a building, not being a frame-building involving the removal or re-erection of any external or party-wall thereof or of any wall which supports the roof thereof, to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial feet,
(c) to make any alteration or repairs to a frame-building, involving the removal or re-erection of more than one-half of the posts or beams in any such wall thereof as aforesaid, or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half of such wall above plinth level, such half to be measured in superficial feet,
(d) to make any alteration in a building involving-
(i) the sub-division of any room in such building so as to convert the same into two or more separate rooms, or
(ii) the conversion of any passage or space in such building into a room or rooms,
(e) to repair, remove, construct, reconstruct or add to any portion of a building abutting on a street which stands within the regular line of such street,
(f) to carry out any work in a building involving-
(i) the construction or re-construction of a roof,
(ii) the conversion of a roof into a terrace,
(iii) the conversion of a terrace into a roof, or
(iv) the construction of a lift shaft,
(g) to carry out any repairs to a building involving the construction of a floor of a room (excluding the ground floor),
(h) to permanently close any door or window in an external wall, or
(i) to remove or reconstruct the principal staircase or to alter its position, shall given notice to the Commissioner, in the form prescribed in the bye-law and containing all such information as may be required to be furnished under the bye-laws.
(2) Every such notice shall be signed in the manner prescribed in the bye-laws and shall be accompanied by such documents and plans as may be so prescribed.
### 255. Plans, etc., submitted to be rejected if not drawn etc., in prescribed manner. - The Commissioner shall decline to accept any plan, section, description, structural drawings or structural calculations as sufficient for the purposes of this Act which are not drawn, given, prepared, or signed in the manner prescribed in the bye-laws.
### 256. Effect of non-compliance with requisition made by Commissioner. - If any requisition made by the Commissioner in accordance with the rules requiring the production of further particulars and details is not complied with, the notice given under section 253 or 254 shall be deemed not to have been given.
Commencement of Work
### 257. Supervision of buildings and works. - Every person who intends to erect a new building or execute any such work as is described in section 254, shall erect the building or execute the work in such manner, under such supervision, through such qualified agency, and subject to such conditions and restrictions as may be prescribed by the bye-laws.
### 258. Power to Commissioner to cancel permission on the ground of material misrepresentation by applicant. - If at any time after permission to proceed with any building or work has been given under the rules, the Commissioner is satisfied that such permission was granted in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under section 253 or 254, or of further information, if any, furnished, he may cancel such permission, and any work done thereunder shall be deemed to have been done without his permission.
### 259. Inspection of building in course of erection, alteration, etc. - The Commissioner may at any time during the erection of a building or the execution of any such work as is described in section 254 make an inspection thereof, without giving previous notice of his intention so to do.
### 260. Proceedings to be taken in respect of building or work Commenced contrary to rules or bye-laws. - (1) If the erection of any building or the execution of any such work as is described in section 254 is commenced or carried out contrary to the provisions of the rules or bye-laws, the Commissioner, unless he deems it necessary to take proceedings in respect of such building or work under section 264, shall-
(a) by written notice, require the person who is erecting such building or executing such work or has erected such building or executed such work on or before such day as shall be specified in such notice, by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, to show sufficient cause why such building or work shall not be removed, altered or pulled down, or
(b) shall require the said person on such day and at such time and place as such be specified in such notice to attend personally or by an agent duly authorised by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered or pulled down.
(2) If such person shall fail to show sufficient cause, to the satisfaction of the Commissioner, why such building or work shall not be removed altered or pulled down, the Commissioner may remove, alter or pull down the building or work and the expenses thereof shall be paid by the said person.
### 261. Buildings or works commenced contrary to Act may be cut into and laid open for purpose of inspection. - (1) If there shall be reasonable ground for suspecting that in the erection of any such building or in the execution of any such work as is referred to in section 260 anything has been done contrary to any provision of this Act or of any rule or bye-law, or that anything required by any such provision, rule or bye-law to be done has been omitted to be done;
and if, on inspecting such building or work, it is found that the same has been completed or is too far advanced to permit of any such fact being ascertained;
the Commissioner may, with the approval of the Standing Committee, by a written notice, require the person who has erected such building or executed such work or is erecting such building or executing such work to cause so much of the building as prevents any such fact being ascertained to be cut into, laid open or pulled down to a sufficient extent to permit of the same being ascertained.
(2) If it shall thereupon be found that in the erection®of such building or the execution of such work nothing has been done contrary to any provision of this Act or of any rule or bye-law, and that nothing required by any such provision, rule or bye-law to be done has been omitted to be done, compensation shall be paid by the Commissioner to the person aforesaid for the damage and loss incurred by cutting into, laying open or pulling down the building or work.
### 262. Enforcement of provision concerning buildings and works. - The Commissioner may, at any time during the erection of a building or the execution of any such work as aforesaid, or at any time within three months after the completion thereof, by written notice, specify any matter in respect of which the erection of such building or the execution of such work may be in contravention of any provision of this Act or of any rule or bye-law, and require the person erecting or executing or who has erected or executed such building or work, or, if the person who has erected or executed such building or work is not at the time of the notice the owner thereof, then the owner of such building or work, to cause anything done contrary to any such provision, rule or bye-law to be amended or to do anything which by any such provision, rule or bye-law may be required to be done but which has been omitted to be done.
### 263. Completion certificates permission to occupy or use. - (1) Every person shall, within one month after the completion of the erection of a building or the execution of any such work as is described in section 254, deliver or send or cause to be delivered or sent to the Commissioner at his office notice in writing of such completion, accompanied by a certificate in the form prescribed in the bye-laws signed and subscribed in the manner so prescribed, and shall give to the Commissioner all necessary facilities for the inspection of such building or of such work and shall apply for permission to occupy the building,
(2) No person shall occupy or permit to be occupied any such building, or use or permit to be used the building or part thereof affected by any work, until-
(a) permission has been received from the Commissioner in this behalf, or
(b) the Commissioner has failed for twenty-one days after receipt of the notice of completion to intimate his refusal of the said permission.
[Lawfully Created Structures Infringing Rules or Bye-Laws]
### 263A. Power to require demolition or alteration of lawfully constructed huts or sheds infringing rules or bye-laws. - (1) If any hut or shed erected or constructed before the appointed day is contrary to the provisions of any rules or bye-laws relating to the erection or construction of huts or sheds, and it appears to the Commissioner that it is necessary in the public interest that such hut or shed or any part thereof be demolished or altered, the Commissioner may by written notice require the owner thereof to demolish or alter such hut or shed or any part thereof, or on or before such date, as may be specified in such notice, by writing subscribed by the owner or an agent duly authorised in that behalf and addressed to the Commissioner, show a sufficient cause why such hut or shed should not be demolished or so altered.
(2) If such person fails to show sufficient cause to the satisfaction of the Commissioner why such hut or shed or any part thereof should not be demolished or so altered, he shall demolish or alter the hut or shed within such time as he is required so to do by the Commissioner; and if he fails to do so, the Commissioner may demolish or alter the hut or shed.
(3) The Commissioner shall pay compensation to every person who sustains loss or damage by the demolition or alteration as aforesaid of any hut or shed (including any cost of demolition or alteration).]
Dangerous Structures
### 264. Removal of structures, etc. which are in ruins or likely to fall. - (1) If it shall at any time appear to the Commissioner that any structure (including under this expression any building, wall, parapet, pavement, floor, steps, railings, door or window frames or shutter or roof or other structure and anything affixed to or projecting form or resting or any building, wall, parapet or other structure) is in a ruinous condition or likely to fall, or in any way dangerous to any person occupying, resorting, to or passing by such structure or any other structure or place in the neighbourhood thereof, the Commissioner may, by written notice, require the owner or occupier of such structure to pull down, secure, remove or repair such structure or thing or do one or more of such things and to prevent all cause of danger therefrom.
[Provided that when the notice as aforesaid is given to the owners of a structure, who is not himself the occupier thereof, a copy of such notice shall be given also to the occupier thereof if any.]
(2) The Commissioner may also, if he thinks fit, require the said owner or occupier by the said notice, either forthwith or before proceeding to pull down, secure, remove or repair the said structure or thing, to set up a proper and sufficient hoard or fence for the protection of passers by and other persons, with a convenient platform and hand-rail if there be room enough for the same and the Commissioner shall think the same desirable to serve as a footway for passengers outside of such hoard or fence.
(3) If it appears to he Commissioner that the danger from a structure which is ruinous or about to fall is imminent, he may, before giving notice as aforesaid or before the period of notice expires, fence off, take down, secure or repair the said structure or take such steps or cause such work to be executed as may be required to arrest the danger.
(4) Any expenses incurred by the Commissioner under sub-section (3) shall be paid by the owner or occupier of the structure.
(5) (a)
Where the Commissioner is of opinion, whether op. receipt of an application or otherwise, that the only or the most convenient means by which the owner or occupier of a structure such as is referred to in sub-section (1) can pull down, secure, remove or repair such structure, is by entering any of the adjoining premises belonging to some other person the Commissioner after giving such person a reasonable opportunity of stating any objection may, if no such objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorise the said owner or occupier to enter such adjoining premises.
(b) Every such order bearing the signature of the Commissioner shall be a sufficient authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving to the owner of the premises reasonable written notice of his intention so to do, to enter upon the said premises with assistance and workmen, at any time between sunrise and sunset, and to execute the necessary work.
(c) In executing any work under this section, as little damage as can be, shall be done to the adjoining owner's property and the owner or occupier of premises for the benefit of which the work is done, shall-
(i) cause the work to be executed with the least practicable delay;
(ii) pay compensation to any person who sustains damage by the execution of the said work.
### 265. Periodic inspection of buildings. - (1) It shall be incumbent on the owner of every building to maintain every part thereof and everything appurtenant thereto in such repair as to prevent its becoming dangerous.
(2) The Commissioner may, by written notice, require the owner of any building to get the building inspected at such intervals and in such manner as may be prescribed in the bye-laws.
(3) The owner shall within two months of the inspection under sub-section (2), undertake such repairs as the inspection shall show to be necessary for the purpose of securing the stability of the structure within the meaning of section 264 after complying with all the provisions of this Act and the rules and bye-laws in regard to such repairs and shall, on completion of such repairs, submit to the Commissioner a certificate signed by the person who made the inspection of his having carried out the repairs satisfactorily.
(4) A report of every inspection made under sub-section (2) shall forthwith be submitted to the Commissioner by the person who carried it out and the Commissioner may take such action in respect of such building as he deems fit under this section or under any other provision of this Act if the owner fails to comply with the requirements of sub-section (3).
(5) The expenses incurred by the Commissioner under sub-section (4) shall be paid by the owner.
### 266. Dangerous openings in building. - If it shall at any time appear to the Commissioner that any opening in any part of a building is so situated as to constitute a danger to human life, he may by written notice require that such opening shall be enclosed or protected by bars, grills or such other device to his satisfaction.
Works Unlawfully Carried on
### 267. Powers of Commissioner to direct removal of person directing unlawful work. - (1) If the Commissioner is satisfied that the erection of any building or the execution of any such work as is described in section 254 has been unlawfully commenced or is being unlawfully carried on upon any premises, he may, by written notice, require the person, directing or carrying on such erection or execution to stop the same forthwith.
(2) If such erection or execution is not stopped forthwith, the Commissioner may direct that any person directing or carrying on such erection or execution shall be removed from such premises by any police officer and may cause such steps to be taken as he may consider necessary to prevent the re-entry of such person on the premises without his permission.
(3) The costs of any measures taken under sub-section (2) shall be paid by the said person.
Power to Vacate Premises
### 268. Power of Commissioner to vacate any building in certain circumstances. - (1) Notwithstanding the provisions of any other law to the contrary the Commissioner may, by written notice, order any building or any portion thereof to be vacated forthwith or within the time specified in such notice-
(a) if such building or portion thereof has been unlawfully occupied in contravention of section 263,
(b) if a notice has been issued in respect of such building or part thereof requiring the alteration or reconstruction of any existing staircase, lobby, passage or landing and the works specified in such notice have not been commenced or completed;
(c) if the building or part thereof is in1 a ruinous or dangerous condition within the meaning of section 264.
(2) In every such notice the Commissioner shall clearly specify the reasons for requiring such building or portion thereof to be vacated.
(3) The affixing of such written notice on any part of such premises shall be deemed a sufficient intimation to the occupiers of such building or portion thereof.
(4) On the issue of a notice under sub-section (1), every person in occupation of the building or portion thereof of which the notice relates shall vacate such building or portion as directed in the notice and no person shall, so long as the notice is not withdrawn, enter the building or portion thereof except for the purpose of carrying out any work which he may lawfully carry out.
(5) The Commissioner may direct that any person who acts in contravention of subsection (4) shall be removed from such building or part thereof by any police officer.
(6) The Commissioner shall, on the application of any person who has vacated any premises in pursuance of a notice under sub-section (1), reinstate such person in the premises on the withdrawal of such notice, unless it is in his opinion impracticable to restore substantially the same terms of occupation by reason of any structural alteration or demolition.
(7) The Commissioner may direct the removal from the said premises, by any police officer, of any person who obstructs him in any action taken under sub-section (6) and may also use such force as is reasonably necessary to effect entry in the said premises.
Regulation of Certain Classes of Buildings in Particular Localities
### 269. Power to regulate future construction of certain classes of buildings in particular streets or localities. - (1) The Commissioner may give public notice of his intention to declare, subject to any valid objection that may be preferred within a period of three months,-
(a) that in any street or portion of street specified in such notice the elevation and construction of the frontage of all buildings or any classes of buildings thereafter erected or re-erected shall in respect of their architectural features be such as the Corporation may consider suitable to the locality.
(b) that in any locality specified in the notice there shall be allowed the construction of only detached or semi-detached buildings or both and that the land appurtenant to each such building shall be of an area not less than that specified in such notice;
(c) that the minimum size of building plots in particular localities shall be of a specified area;
(d) that in any locality specified in the notice the construction of more than a specified number of buildings on each acre of land shall not be allowed; or
(e) that in any street, portion of street or locality specified in such notice the construction of shops, warehouses, factories, huts or buildings designed for particular uses shall not be allowed without the special permission of the Commissioner granted in accordance with general regulations framed by the Standing Committee in this behalf and subject to the terms of such permission only.
(2) The Standing Committee shall consider all objections received within a period of three months from the publication of such notice, and shall then submit the notice with a statement of objections received and of its opinion thereon to the Corporation.
(3) No objection received after the said period of three months shall be considered.
(4) Within a period of two months after the receipt of the same the Corporation shall submit all the documents referred to in sub-section (2) with a statement of its opinion thereon to the [State] Government.
(5) The [State] Government may pass such orders with respect to such declaration as it may think fit:
Provided that such declaration shall not thereby be made applicable to any street, portion of a street or locality not specified in the notice issued under sub-section (1) .
(6) The declaration as confirmed or modified by the [State] Government shall be published in the Official Gazette and shall take effect from the date of such application.
(7) No person shall erect or re-erect any building in contravention of any such declaration.
Chapter XVI
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Improvement Schemes
### 270. Commissioner to make draft improvement scheme. - (1) Subject to provisions of sub-section (4), if it shall appear to the Commissioner-
(A) that within certain limits in any part of the City,-
(a) any buildings used, or intended or likely to be used, for human habitation, are unfit for human habitation,
(b) the narrowness, closeness and bad arrangement or the bad condition of the streets and buildings, or groups of buildings, within such limits or the want of light, air, ventilation or proper convenience, or any other sanitary defects, or one or more of such causes, are dangerous or injurious to the health of the inhabitants either of the buildings within the area of such limits, or of the neighbouring buildings, and that the evils connected with such buildings and the sanitary defects in such area cannot be effectually remedied otherwise than by an improvement scheme for the rearrangement and reconstruction of the streets and buildings within such area or of some of such streets or buildings, or
(c) it is necessary to provide for the construction of buildings for the accommodation of the poorer sections of the community; or
(B) that for the purpose of providing new building sites or of remedying the defective ventilation of any part of the City, or of creating new or increasing the existing means of communication and facilities for traffic between various parts of the City, it is expedient to form new or to alter exiting streets or to construct or reconstruct any bridges, causeways, subways or other works appurtenant thereto in any part of the City, the Commissioner may,-
(i) with the previous approval of the Corporation, which shall not be given unless the Corporation is satisfied of the sufficiency of its resources, draw up a notification stating that the Commissioner proposes to make an improvement scheme, specifying the area to which the resolution relates and the works proposed to be included in such scheme and naming a place where a map of the said area may be seen at all reasonable hours;
(ii) during three consecutive weeks publish simultaneously in the Official Gazette and in the local newspapers a copy of the said notification; and
(iii) proceed to make a draft improvement scheme and submit the scheme to the Standing Committee for approval.
(2) In making an improvement scheme more than one area may be included in one improvement scheme.
(3) With the previous approval of the Corporation the Commissioner may, for the purpose of making an improvement scheme, cause surveys to be made in areas either inside or outside the limits of the area comprised in the scheme to be made.
(4) No improvement scheme shall, notwithstanding anything contained in this Chapter be made for any area for which a housing scheme has been sanctioned under the provisions of the Bombay Housing Board Act, 1948.
### 271. Particulars to be provided for in an improvement scheme. - (1) The improvement scheme, which may exclude any part of the area included in the notification referred to in section 270 (Bombay LX1X of 1948), or include any neighbouring land, if the Commissioner is of opinion that such exclusion or inclusion is necessary for the proper carrying out of the scheme,-
(a) shall, within the limits of the area comprised in the scheme, provide for,-
(i) the acquisition of any land which will, in the opinion of the Commissioner, be necessary for or, subject to the provisions of sub-section (2), be affected by the execution of the scheme;
(ii) relaying out all or any land including the construction and reconstruction of buildings and the formation and alteration of streets;
(iii) the laying of such storm-water drains and sewers as may be required for the efficient draining and sewering of streets so formed or altered;
(iv) the lighting of streets so formed or altered;
(b) may, within the limits aforesaid, provide for,-
(i) the construction or reconstruction of bridges, causeways or subways or any other works appurtenant thereto;
(ii) raising any land which the Commissioner may deem expedient to raise for the better drainage of the locality;
(iii) forming open spaces for the better ventilation of the area comprised in the scheme or any adjoining area;
(iv) whole or any part of the sanitary arrangements required; and
(c) may, within and without the limits aforesaid, provide for the construction of buildings for the accommodation of the poorer sections of the community including the whole or part of such sections to be displaced in the execution of the scheme:
Provided that no neighbouring land shall be included in an improvement scheme unless previous notice of such inclusion has been given in the manner provided in item (ii) in sub-section (1) of section 270.
(2) If, in the opinion of the Commissioner, any land within the limits aforesaid, which is not required for the execution of the scheme will, as the result of such execution, be increased in value, the scheme may, in lieu of providing for the acquisition of such land, provide for the levy of a betterment charge [\*\*\*] in respect of the increase in value thereof. [The betterment charge shall be levied at such rate, at such time and in such manner as is hereinafter provided.]
(3) In making an improvement scheme for any area the regard shall be and to the conditions and nature of neighbouring parts of the City and of the City as a whole, and to the likelihood of improvement schemes being required for the neighbouring and other parts of the City.
### 272. Procedure on completion of scheme. - (1) On the submission by the Commissioner of a draft improvement scheme, the Standing Committee shall take such scheme into its consideration and may approve the same with or without such alteration as it thinks fit.
(2) Upon the approval of an improvement scheme by the Standing Committee, the Commissioner shall forthwith draw-up a notification stating the fact of a scheme having been made, the limits of the area comprised therein, and naming a place where particulars of the scheme, a map of the same and a statement of the land which it is proposed to acquire or in respect of which it is proposed to levy a betterment charge may be seen at all reasonable hours, and shall,-
(a) communicate a copy of such notification, particulars, map and statement to the Corporation;
(b) publish the notification in the manner prescribed for the publication of a notification under section 270.
(3) During the thirty days next following the first day on which such notification is published, the Commissioner, shall serve a notice upon every person whose name appears in the Commissioner's Assessment Book as primarily liable for the payment of the property taxes leviable under this Act on any land or building or part of a building which it is proposed to acquire, or in respect of which it is proposed to levy a betterment charge.
(4) Such notice shall,-
(a) state that the Commissioner on behalf of the Corporation proposes to acquire such land or building or part of a building or to levy a betterment charge in respect thereof for the purpose of or in connection with an improvement scheme, and
(b) require the person so served if the objects to such acquisition or levy, to state his reasons in writing within thirty days from the date of service of the notice.
### 273. Right of owner to demand acquisition of issues of notification when building operations are in progress. - (1) If any land is included in any statement specifying the land proposed to be acquired made in accordance with any notification drawn up under section 272, and if the owner of such land shall prove to the satisfaction of the Collector that at the date of the said notification building operations were in progress on such land or any part thereof and the buildings were structurally complete up to the first floor level, the Collector shall call upon the Commissioner to acquire such land.
(2) On receipt of such notice the Commissioner shall forthwith report the matter to the Standing Committee and the said Committee shall then resolve whether in its opinion it is desirable to acquire the land set out in the notice or to withdraw from the proposal to acquire and shall communicate its resolution within two months to the Corporation which shall within one month after receipt thereof communicate to the Commissioner the decision of the Corporation in the matter, and thereupon the Commissioner shall forthwith in accordance with such decision, either proceed to acquire such land or shall give written notice to the owner that the proposal to acquire has been withdrawn.
(3) If the Corporation decides to acquire the land, the Commissioner shall give notice of such decision to the Collector and the owner, and the Collector shall proceed as if a declaration had been made in respect of the land in question under section 6 of the Land Acquisition Act, 1894 (I of 1894).
(4) If the Corporation withdraws from the proposal to acquire any land under subsection (2), such land shall not be included in any statement of the land proposed to be acquired, made in accordance with any notification drawn up under section 272, until the expiry of two years from the date of the issue of written notice of withdrawal to the owner.
(5) Notwithstanding anything contained in this section, if the Corporation withdraws from the proposal to acquire any land under sub-section (2), such land may be included in, or added to, any statement of the land in respect of which it is proposed to levy a betterment charge made in accordance with any notification drawn up under section 272;
Provided that the provisions of sub-section (3) and (4) of section 272 shall apply in respect of such land as if the period of thirty days referred to in the said sub-section (3) commenced on the date on which notice was given to the owner that the proposal to acquire has been withdrawn.
### 274. Right of owner to demand acquisition or withdrawal by Corporation after lapse of two years from date of notification. - (1) The owner of any land included in any statement of the land proposed to be acquired made in accordance with any notification drawn up under section 272 may at any time before the publication of a declaration under section 278 and after the expiry of one year from the date of such notification by written notice to the Commissioner setting out the particulars of such land call upon the Commissioner to acquire such land on behalf of the Corporation.
(2) On receipt of such notice, the Commissioner shall forthwith report the matter to the Standing Committee and the said Committee shall resolve whether in its opinion it is desirable to acquire the land set out in the notice and shall, communicate its resolution within two months to the Corporation which shall within two months after the receipt thereof communicate to the Committee and Commissioner the decision of the Corporation in the matter and thereupon the Commissioner shall in accordance with such decision either decide to acquire such land or shall give notice to the owner that he has withdrawn the proposal to acquire.
(3) If the Corporation decides to acquire the land it shall instruct the Commissioner to give notice of such decision to the Collector and to the owner, and the Collector shall proceed as if a declaration had been made in respect of the land in question under section 6 of the Land Acquisition Act, 1894 (1 of 1894).
(4) If the Corporation withdraws from the proposal to acquire any land under subsection (2), such land shall not be included in any statement of the land proposed to be acquired made in accordance with any notification drawn up under section 272 until the expiry of two years from the date of the issue of written notice of withdrawal to the owner.
(5) Notwithstanding anything contained in this section, if the Corporation withdraws from the proposal to acquire any land under sub-section (2), such land may be included in, or added to, any statement of the land in respect of which it is proposed to levy a betterment charge made in accordance with any notification drawn up under section 272:
Provided that the provisions of sub-sections (3) and (4) of section 272 shall apply in respect of such land as if the period of thirty days referred to in the said sub-section (3) commenced on the date on which notice was given to the owner that the proposal to acquire has been withdrawn.
### 275. Standing Committee after publication and service of notices to forward schedule to Corporation for approval. - (1) Upon compliance with the foregoing provisions with respect to the publication of notices of the scheme, the Commissioner shall submit to the Standing Committee any objection or representation received under section 272 together with any suggestion he may wish to make in respect of the modification of the scheme.
(2) The Standing Committee shall, after consideration of any such objection, representation or suggestion and after inserting in the scheme such modification as it thinks fit, submit the scheme together with any objection, representation or suggestion to the Corporation for its approval.
### 276. Corporation to consider improvement scheme and to approve or disapprove. - The Corporation shall, on receipt of a scheme from the Standing Committee, proceed to take such scheme into consideration together with any objection, representation or suggestion received or made under section 272 or 275 and shall, after having approved the scheme with or without modification or declined to approve the scheme, pass a resolution to that effect.
### 277. Commissioner to apply to [State] Government for sanction to the scheme. - (1) As soon as the Corporation has approved the scheme, the Commissioner shall apply to the [State] Government on behalf of the Corporation for sanction to the scheme.
(2) If the Corporation declines to approve the scheme the Commissioner shall forthwith draw up and publish in the manner provided in section 270 a notification stating that the Corporation has resolved not to proceed with the making of the scheme, and on such publication the notifications relating to the scheme published under sections 270 and 272 shall be deemed to be cancelled.
(3) An application to the [State] Government under sub-section (1) for sanction, shall be accompanied by-
(a) copy of the resolution passed by the Standing Committee under section 272;
(b) a copy of the resolution passed by the Corporation under section 270;
(c) a description with full particulars of the scheme including the reasons for any modification inserted therein;
(d) complete plans and estimates of the cost of executing the scheme;
(e) a statement specifying the land which it is proposed to acquire or in respect of which it is proposed to levy a betterment charge;
(f) a list of the names of the persons, if any, who in answer to the notices mentioned in sub-section (3) of section 272 objected, with the reasons (if any) stated by such persons for objections, in respect of the acquisition of their land or the levy of a betterment charge;
(g) a schedule showing the rateable value, as entered in the Commissioner's Assessment-book, at the date of the publication of a notification relating to the land under section 272, of all land specified in the statement under clause (e) and of any other land wholly or partially situated within eighty feet from either side of any street to be formed or altered in executing the scheme.
### 278. On receipt of sanction declaration to be published giving particulars of land to be acquired and on publication of such declaration Commissioner to be authorised to execute scheme. - (1) (a) On receipt of the sanction of the [State] Government the Commissioner shall forward to the [State] Government a declaration for notification stating the fact of such sanction and that the land proposed to be acquired by the Corporation for the purposes of the schemes is required for a public purpose;
(b) The declaration shall be published in the Official Gazette, in the same manner as an order of the [State] Government and shall state the limits within which the land proposed to be acquired is situated, the purpose for which it is needed, its approximate area, and the place where a plan of the land may be inspected.
(c) The said declaration shall be conclusive evidence that the land is needed for a public purpose and the Commissioner shall, upon the publication of the said declaration, proceed to execute the scheme.
(2) (a)
If at any time it appears to the Commissioner, the Standing Committee or the Corporation, as the case may be, that an improvement can be made in any part of the scheme, the Corporation may alter the scheme for the purpose of making such improvement and thereupon the Commissioner shall, subject to the provisions contained in the next two clauses of this sub-section, forthwith proceed to execute the scheme as altered.
(b) If the estimated net cost of executing the scheme as altered exceeds by ten per cent the estimated net cost of executing the scheme as sanctioned, the Commissioner shall not, without the previous sanction of the Corporation and of the [State] Government, proceed to execute the scheme as altered.
(c) If the scheme as altered involves the acquisition, otherwise than by agreement, of or the levy of a betterment charge in respect of any land other than that specified in the schedule accompanying the scheme under sub-section (3) of section 277, the provisions of sections 272 and 277 and of sub-section (1) shall apply to the part of the scheme so altered, in the same manner as if such altered part were the scheme.
### 279. If Corporation fails to acquire the land, owner may call upon Corporation to acquire it or to withdraw from proposal. - If, within three years from the declaration aforesaid, the Corporation fail to acquire any land included in such declaration or any part of such land, the owner of such land may, by written notice setting out the particulars of such land, call upon the Corporation to acquire such land or to withdraw from the proposal to acquire it and thereafter the procedure prescribed in sub-section (2) to (5) of section 274 shall be followed.
[[Clearance Areas.]
### 280. Power to declare an area to be a clearance area. - (1) If it shall appear to the Commissioner in respect of any area in any part of the City,-
(a) that the residential buildings in that area are, by reason of disrepair or sanitary defects unfit for human habitation or are, by reason of their bad arrangement or the narrowness or bad arrangement of the streets dangerous or injurious to the health of the inhabitants of the area and that the other buildings, if any, in the area are for a like reason dangerous or injurious to the health of the said inhabitants: and
(b) that the conditions in the area can be effectually remedied by the demolition of all the buildings in the area without making an improvement scheme;
the Commissioner may cause that area to be defined on a plan in such manner as to exclude from the area any building which is not unfit for human habitation or dangerous or injurious to health, and submit a draft clearance scheme for the approval of the Corporation. On the submission by the Commissioner of a draft clearance scheme, the Corporation shall take such scheme into consideration and may approve the same with or without such alteration as it thinks fit. It shall thereupon pass a resolution declaring the area so defined and approved by it to be a clearance area, that is to say, an area to be cleared of all buildings in accordance with the subsequent provisions of this Act. The area shall hereinafter be referred to as the clearance area and the scheme as the clearance scheme.
(2) Before any area is declared to be a clearance area, it shall be the duty of Corporation to satisfy itself as to the sufficiency of its resources and to ascertain the number of persons who are likely to be dishoused in such area and thereafter to take such measures as are practicable whether by the arrangement of their programme or otherwise so as to ensure that as little hardship as possible is inflicted on those dishoused.
(3) The Commissioner on behalf of the Corporation shall forthwith transmit to the State Government a copy of the resolution passed by it under this section.
(4) As soon as may be after the Corporation has declared any area to be a clearance area, the Commissioner shall, in accordance with the appropriate provisions hereafter contained in this Act, proceed to secure the clearance of the area in one or more of the following ways, that is to say,-
(a) by ordering the demolition of the buildings in the area; or
(b) by acquiring on behalf of the Corporation land comprised in the area and undertaking or otherwise securing, the demolition of the buildings thereon.
### 281. Clearance orders. - (1) Where in respect of any clearance area, the Commissioner determines to order any buildings in the clearance area to be demolished, he shall, with the approval of the Corporation make and submit to the State Government for confirmation of an order (in this Act referred to as "clearance order") ordering the demolition of each of those buildings.
(2) A clearance order shall describe by reference to a plan the area to which it applies, and shall fix by reference to the date on which it becomes operative the period, not being less than twenty-eight days from that date, within which the Commissioner requires the buildings in the area to be vacated for the purposes of demolition, and for that purpose may fix different periods as respects different buildings.
(3) There shall be excluded from the clearance order any houses or other buildings properly included in the clearance area only on the ground that by reason of their bad arrangement in relation to other buildings, or the narrowness or bad arrangement on the streets, they are dangerous or injurious to the health of the inhabitants of the area:
Provided that this sub-section shall not apply to a building constructed or adapted as, or for the purposes of, a dwelling or partly for those purposes and partly for other purposes, if any part (not being a part used for other purposes) is by reason of disrepair or sanitary defects unfit for human habitation.
(4) Before submitting the order to the State Government, the Commissioner shall-
(a) publish simultaneously in the Official Gazette and in three or more newspapers circulating within the City, a notice stating the facts of such a clearance order having been made and describing the area comprised therein and naming a place where a copy of the order and of the plan referred to therein may be seen at all reasonable hours; and
(b) serve on every person whose name appears in the Commissioner's Assessment book as primarily liable for payment of property tax leviable under this Act, on any building included in the area to which the clearance order relates and, so far as it is reasonably practicable to ascertain such persons, on every mortgagee there of a notice stating the effect of the clearance order and that it is about to be submitted to the State Government for confirmation, and specifying the time within, and the manner in which, objections thereto can be made to the Commissioner.
(5) Upon compliance with the foregoing provisions with respect to the publication and service of notices of the clearance order, the Commissioner shall submit to the Standing Committee any objections received under sub-section (4) and any suggestions he may wish to make in that respect.
(6) The Standing Committee may after consideration of any such objections and suggestions, make such modifications in respect of the order as it thinks fit, and the Commissioner shall thereafter submit the order as approved, by the Standing Committee first to the Corporation and then to the State Government for confirmation
(7) The provisions of Schedule B to this Act shall have effect with respect to the validity and date of operation of a clearance order.
(8) When a clearance order has become operative, the owner or owners of any building to which the order applies shall demolish that building before the expiration of six weeks from the date on which the building is required by the order to be vacated or, if is not vacated until after that date, before the expiration of six weeks from the date on which it is vacated or, in either case, before the expiration of such longer period as in the circumstances the Commissioner may deem reasonable; and if the building is not demolished before the expiration of that period the Commissioner shall, take measures to demolish the building and sell the materials thereof.
(9) Any expenses incurred by the Commissioner under the foregoing sub-section, after giving credit for the amount realised by sale of the materials, shall be payable by the owner or owners of the building, and any surplus in the hands of the Commissioner, after payment of such expenses, shall be paid by the Commissioner to the owner of the building, or if there are more owners than one, shall be paid as the owners may agree. In default of agreement between such owners, the Commissioner shall deposit the surplus amount in the District Court and the District Judge shall decide in what proportion such amount should be paid to such owners. The decision of the District Judge shall be final.
(10) When a clearance order has become operative, no land to which the order applies shall be used for building purposes, or otherwise developed, except subject to such restrictions and conditions, as may be imposed by the Commissioner and approved by the Corporation generally or specially.
(11) In the provisions of this Act relating to buildings included in an area to which a clearance order applies, references to a building shall include references to a hut, tent or other temporary or moveable form of shelter which is used for human habitation and has been in the same enclosure for a period of two years next before action is taken under those provisions, and the reference to development in sub-section (10) shall include a reference to the erection or placing on the land of a hut, tent or other temporary or moveable form of shelter.
### 282. Acquisition of land surrounded by or adjoining clearance area. - Where, as respects any area declared by the Corporation to be a clearance area, the Commissioner determines to acquire any land comprised in the area, he may acquire also any land which is surrounded by the clearance area and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions, and any adjoining land the acquisition of which is reasonably necessary for the satisfactory development or use of the cleared area.
### 283. Provisions with respect to property of the Corporation within, surrounded by, or adjoining, clearance area. - Subject to the provisions of this section, the Commissioner may include in a clearance area any land owned by the Corporation which he might have included in such area had it not been so owned, and where any land of the Corporation is included in a clearance area, or being land surrounded by or adjoining a clearance area, might have been acquired by the Commissioner under section 282 had it not previously belonged to the Corporation, the provisions of this Act, shall apply in relation to such land as if it had been acquired by the Commissioner as being land comprised in the clearance area or, as the case may be, as being land surrounded by or adjoining a clearance area.
### 284. Acquisition of land in a clearance area. - (1) Where the Commissioner has determined to acquire land comprised in or surrounded by, or adjoining a clearance-area, he may acquire that land by agreement upon obtaining the requisite sanction under section 77 or he may, with the sanction of the Standing Committee, be authorised to acquire that land by a compulsory acquisition order made and submitted to the State Government and confirmed by them in accordance with the provisions of Schedule C to this Act.
(2) An order authorising the compulsory acquisition of land comprised in a clearance area shall be submitted by the Commissioner, with the approval of the Corporation, to the State Government within six months, and an order authorising the compulsory acquisition of land surrounded by or adjoining a clearance area shall be submitted by the Commissioner with the approval of the Corporation to the State Government within twelve months after the date of the resolution of the Corporation declaring the area to be a clearance area or within such longer period as the State Government may, in the circumstances of the particular case, allow.
(3) The provisions of Schedule B to this Act shall have effect with respect to the validity and date of operation of a compulsory acquisition order made under this section.
(4) Nothing in this section shall authorise the compulsory acquisition of any land or building vested in the Central Government without the previous sanction of the Central Government, or any land or building vested in the State Government or belonging to any corporation authorised by law to construct, work and carry on any gas, electricity, water or other public undertaking without the previous sanction of the State Government.
### 284A. Treatment of a clearance area. - The Commissioner having acquired any land comprised in, or surrounded by or adjoining a clearance area shall, as soon as may be, cause every building thereon to be vacated if necessary in the manner provided by section 388A, and shall deal with, the land in one or more of the following ways, that is to say-
(a) he shall demolish every building thereon before the expiration of six weeks from the date on which it is vacated, or before the expiration of such longer period as in the circumstance he deems reasonable, and thereafter may, with the sanction of the requisite authority under section 79, sell or lease the land subject to such restrictions and conditions, if any, as he thinks fit or may, subject to the sanction of the Corporation, appropriate the land for any purpose for which the Corporation is authorised to acquire land; or
(b) he shall, as soon as may be, with the sanction of the requisite authority under section 79, sell or lease the land subject to a condition that the buildings thereon shall be demolished forthwith and subject to such restrictions and other conditions, if any, as he thinks, fit:
Provided that, in lieu of selling any land other than land abutting on a public street, the Commissioner may, where the owner of other land (being land which the Corporation has power to acquire) is willing to take such land in exchange for that other land, with the sanction of the Standing Committee, exchange it for such other land either with or without paying or receiving money for equality of exchange, and relation to any such exchange the like provisions shall have effect as respects the land to be given in exchange by the Corporation as have effect by virtue of the foregoing provisions of this section as respects land sold thereunder. Any land acquired by the Commissioner by such exchange if it is situated in the clearance area shall be subject to the same restrictions as are applicable to other lands in such area.
### 284B. Arrangements where acquisition of land in clearance area unnecessary. - Where the Commissioner has submitted to the State Government an order for the compulsory acquisition of land in a clearance area, and the State Government, on an application for an authorisation under this section being made to it by the owner or owners of the land and the Commissioner, is satisfied that the owner or owners of the land, with the concurrence of any mortgagee thereof, agree to the demolition of the buildings thereon and that the Commissioner can secure the proper clearance of the area without acquiring the land, the State Government may-
(a) in a case where the order has not been confirmed authorise the Commissioner to submit forthwith and without any previous publication or service, a clearance order with respect to the buildings, and upon his so doing, may modify the compulsory acquisition order by excluding the land therefrom and confirm the clearance order; or
(b) in a case where the compulsory acquisition order has been confirmed but the land has not become vested in the Corporation, on being satisfied that such agreements have been or will be entered into by all necessary parties as may be requisite for securing that the buildings shall be demolished in like manner, authorise the Commissioner to discontinue proceedings for the acquisition of the land and the land shall thereupon become subject to the like restrictions and conditions, as if the Commissioner had dealt with the land in accordance with the provisions of section 284A.
### 284C. Power to acquire cleared land which owners have failed to redevelop. - (1) Where land has been cleared of buildings in accordance With a clearance order, the Corporation may, at any time after the expiration of eighteen months from the date on which the order become operative, by resolution determine to acquire any part of it which at the date of the passing of the resolution has not been, or is not in process of being, used for building purposes or otherwise developed by the owner thereof in accordance with plans approved by the Commissioner and any restrictions or conditions imposed under sub-section (10) of section 281.
(2) Where the Corporation has determined to acquire any land under this section the Commissioner may acquire it by agreement upon obtaining the requisite sanction under section 77, or he may, with the sanction of the Standing Committee, be authorised to acquire it by a compulsory acquisition order made and submitted to the State Government and confirmed by it in accordance with the provisions of Schedule C to this Act.
(3) An order authorising the compulsory acquisition of land for the purposes of this section shall be submitted by the Commissioner to the State Government within three months after the date of the passing of the resolution to acquire the land.
(4) The provisions of Schedule B to this Act shall have effect with respect to the validity and date of operation of a compulsory acquisition order made under this section.
(5) The Commissioner shall, with the approval of the Standing Committee, deal with any land acquired under this section by sale, lease, or appropriation in accordance with the provisions of section 284A.
### 284D. Power of Court to determine lease where premises demolished. - (1) Where any premises in respect of which a clearance order has become operative from the subject matter of a lease, either the lessor or the lessee may apply to the District Court for an order under this section.
(2) Upon any such application as aforesaid, the District Court, after giving to any sub-lessee an opportunity of being heard, may, if he thinks fit, make an order for the determination of the lease, or for the variation thereof, and in either case, either unconditionally or subject to such terms and conditions (including condition with respect to the payment of money by any party to the proceeding to any other party thereto by way of compensation, damages, or otherwise) as he may think just and equitable to impose, regard being had to the respective rights, obligations, and liabilities of the parties under the lease and all the other circumstances of the case.
(3) In this section, the expression lease' includes an under lease and any tenancy or agreement for a lease, under-lease, or tenancy, and the expression `lessor', `lessee' and `sub-lessee' shall be construed accordingly, and as including also a person deserving title under a lessor, lessee or sub-lessee.
Re-Development Areas
### 284E. Power to declare an area to be re-development area. - (l) If it appears to the Commissioner in respect of any area in any part of the City, that the following conditions exist, that is to say-
(a) that the area contains fifty or more dwellings for the poorer classes;
(b) that at least one-third of the poorer class dwellings in the area are overcrowded, or unfit for human habitation and not capable at a reasonable expense of being rendered so fit, or so arranged as to be congested,
(c) that it is expedient in connection with the provision of housing accommodation for the poorer classes that the area should be redeveloped as a whole, the Commissioner shall cause the area to be defined on a plan and shall submit a draft re-development scheme for the approval of the Corporation. On the submission of such a draft re-development scheme, the Corporation shall take into consideration such scheme and approve the same with or without alteration a^ it may think fit. The Corporation shall then pass a resolution declaring the area so defined and approved by it to be a `re development area'.
(2) As soon as may be after the Corporation has passed a resolution under the forgoing sub-section, the Commissioner on behalf of the Corporation shall transmit to the State Government a copy of the resolution and of the plan, and shall publish simultaneously in the Official Gazette and in three or more news papers circulating within the City, a notice stating that the resolution has been passed and naming a place where a copy of the resolution and of the plan may be inspected at all reasonable hours.
(3) Before any area is declared to be a re-development area, it shall be the duty of the Corporation to satisfy itself as to the sufficiency of its resources and to ascertain the number of persons who are likely to be dishoused in such area and thereafter to take such measures as are practicable whether in the arrangement of its programme or otherwise so as to ensure that as little hardship as possible is inflicted on those dishoused.
### 284F. Re-development plan. - (l) Within six months after the Corporation has passed a resolution under section 284E or within such extended period as the State Government may allow, the Commissioner shall, with the approval of the Corporation prepare and submit to the State Government a re-development plan indicating the manner in which it is intended that the defined area should be laid out and the land therein used, whether for existing purposes or for purposes requiring the carrying out of re-development thereon, and in particular the land intended to be used for the provisions of housing accommodation for the poorer classes for streets and for open spaces.
(2) In the preparation of the plan regard shall be had to the provisions of any improvement scheme or proposed improvement scheme under this Act or any scheme under the Bombay Town Planning Act, 1954 (Bombay I of 1955), relating to the defined area or land in the neighbourhood thereof.
(3) Before submitting the plan to the State Government, the Commissioner shall-
(a) publish simultaneously in the Official Gazette, and in three or more newspapers circulating within the City a notice stating that the plan has been prepared and is about to be submitted to the State Government, naming a place where the plan may be inspected at all reasonable hours, and specifying the time within which, and the manner in which, objections can be made; and
(b) serve a notice to the like effect on every owner, lessee and occupier (except tenants for a month or any period less than a month) of land in the defined area and on every railway administration operating a railway within the defined area and on any Corporation authorised by law to construct, work and carry on any gas, electricity or water work or other similar work of public utility within the defined area.
(4) Upon compliance with the foregoing provisions with respect to the publication and service of notices regarding the proposed re-development plan, the Commissioner shall submit to the Standing Committee any objections received under sub-section (3) and any suggestions he may wish to make in that respect.
(5) The Standing Committee may after consideration of any such objections and suggestions make such modification in respect of the re-development plan as they think fit, and the Commissioner shall thereafter submit the plan as modified by the Standing Committee first to the Corporation and then to the State Government for approval.
(6) On receipt of notice of the State Government's approval, the Commissioner shall publish simultaneously in the Official Gazette and in three or more newspapers circulating within the City a notice stating that the re-development plan has been approved and naming a place where a copy thereof may be inspected at all reasonable hours, and shall serve, a like notice on every person on whom a notice was served by him of his intention to submit the re-development plan to the State Government for their approval.
(7) Where, after a re-development plan has been approved, the Corporation is satisfied that any land in the re-development area (that is to say the defined area or so much thereof as is comprised in the plan as approved) ought to be re-developed or used otherwise than as indicated in the plan, the Commissioner shall prepare and submit to the State Government on behalf of the Corporation a new plan in respect of that land and the provisions of this section in respect of publication, service of notices and approval by the State Government shall have effect in relation to the new plan, with the substitution of references to the new plan and to the land comprised therein, for references to the redevelopment plan and to the defined area.
(8) The provisions of Schedule B to this Act shall have effect with respect to the validity and date of operation of the State Government's approval of a re-development plan or of a new plan.
(9) In the subsequent provisions of this Act references to re-development or use in accordance with a re-development plan shall be construed as references to redevelopment or use in accordance with a re-development plan approved under this section or, in the case of land comprised in a new plan approved under this section, in accordance with the new plan.
### 284G. Acquisition of land for purpose of re-development. - (1) When the State Government's approval of a re-development plan has become operative, the Commissioner may acquire by agreement, upon obtaining the requisite sanction under section 77, or he may, with the sanction of the Standing Committee, be authorised by means of an order made and submitted to the State Government and confirmed by it in accordance with Schedule C to this Act, to acquire compulsorily-
(a) land in the re-development area; and
(b) any land outside that area which may be required for the purpose of providing accommodation for persons occupying premises within that area which have been or are intended to be acquired by agreement, or in respect of which compulsory acquisition orders have been submitted.
(2) When the Commissioner submits to the State Government an order for the compulsory acquisition under this section of land which comprises or consists of a building which in his opinion is unfit for human habitation and not capable at reasonable expense of being rendered so fit, the order as submitted shall be in a form prescribed for the purpose of indicating that the building is in that condition, and, if in the opinion of the State Government the building is properly so indicated, the order as confirmed may authorise the Commissioner to acquire the building as being in that condition.
(3) The provisions of Schedule B to this Act shall have effect with respect to the validity and date of operation of a compulsory acquisition order made under this section.
(4) Nothing in this section shall authorise the compulsory acquisition of any land or building vested in the Central Government without its previous sanction or of any land or building vested in the State Government or belonging to any Corporation authorised by law to construct, work and carry on any gas, electricity or water work or other similar work of public utility without the previous sanction of the State Government.
(5) Land acquired by the Commissioner under this section for the provision of houses for the poorer classes shall be deemed to have been acquired by him under section 284J.
(6) Land acquired by the Commissioner under this section otherwise than for the, provision of houses for the poorer classes may, with the sanction of the requisite authority under section 79, be sold or leased to any person or if such land is not abutting on any public street may with like sanction be exchanged for other land, which the Commissioner has power to acquire, either with or without paying or receiving money for equality of exchange, subject, in the case of land in the re-development area, to conditions for securing that it shall be re-developed or used in accordance with the redevelopment plan.
(7) When the State Government's approval of a re-development plan has become operative and the plan comprises any land of the Corporation, the provisions of this Act shall apply in relation to that land as if it had been land in the re-development area acquired by the Commissioner under this section.
(8) When the State Government's approval of a re-development plan has become operative, no person shall construe! or re-construct any building or any portion of a building within the re-development area to which the plan relates except with the written permission of the Commissioner, who is granting such permission may impose such conditions approved by the Corporation generally or specially, as will, in his opinion, ensure that the construction or re-construction shall only proceed in accordance with the re-development plan.
General Provisions as to Land Purchased for Clearance or Redevelopment.
### 284H. Extinguishment of ways, easements, etc., over land required under sections 284, 284C and 284G. - (1) The Commissioner may, with the approval of the State Government, by order extinguish any public right of way over land acquired by agreement under section 284, 284C or 284G, provided that an order intended to be made by the Commissioner under this sub-section shall be published along with a notice inviting objections. Simultaneously in the Official Gazette and in three or more newspapers circulating within the City and, if any objections thereto is made to the State Government before the expiration of six weeks from the publication thereof, the State Government shall not appoint the order until it has considered all such objections.
(2) Where the Commissioner proposes to acquire under the sections referred to in sub-section (1) land over which a public right of way exists, it shall be lawful under this section for the Commissioner to make and the State Government to approve, in advance of the acquisition an order extinguishing that right as from the date on which the buildings on the land are vacated or at the expiration of such period after that date as may be specified in the order, or as the State Government in approving the order may direct.
(3) Upon the completion of the purchase of the land which the Commissioner on behalf of the Corporation has acquired by agreement under the sections referred to in sub-section (1), all private rights of way in, and all private rights under or over that land and all other rights or easements in or relating to that land shall be extinguished, and any person who suffers loss by the extinguishment of any such rights or casement shall be entitled to be paid by the Corporation compensation of such amount as might have been awarded to a person interested in such rights or easements as if the land to which the same relate had been acquired under a compulsory acquisition order, for which the notice required under clause 2(a) of Schedule C to this Act had been published on the date of completion of the purchase:
Provided that this sub-section shall not apply to any rights vested in Government or to any rights belonging to any Corporation authorised by law to construct, work and carry on any gas, electricity or water work or other similar work of public utility, and shall have effect as respects other matters subject to any agreement which may be made between the Commissioner and the person in or to whom the right in question is vested or belongs.
Provision of Housing Accommodation for the Poorer Classes
### 284I. Mode of provision of accommodation. - (1) If Corporation, upon consideration of a representation from the Commissioner or other information in its possession, is satisfied that within any area in any part of the City it is expedient to provide housing accommodation for the poorer classes and that such accommodation can be conveniently provided without making an improvement scheme, it shall cause such area to be defined on a plan and pass a resolution authorising the Commissioner and the Commissioner shall thereupon be empowered to provide such accommodation-
(a) by the erection of buildings or in any other manner, on any land belonging to the Corporation or any land acquired by the Corporation for the purpose;
(b) by the conversion of any buildings belonging to the Corporation into dwellings for the poorer classes;
(c) by altering, enlarging, repairing or improving any building which have, or an estate or interest in which has, been acquired by the Corporation.
(2) The Commissioner may alter, enlarge, repair or improve any house so erected, converted or acquired.
### 284J. Power of Commissioner to acquire land for housing accommodation. - The Commissioner may for the purposes of the foregoing section on behalf of the Corporation-
(a) acquire any land including any buildings thereon as a site for the erection of buildings for the poorer classes;
(b) acquire land for the purpose of-
(i) the lease of sale of land with a view to the erection thereon of buildings for the poorer classes by persons other than the Corporation;
(ii) lease or sale of any part of the land acquired with a view to the use thereof for purposes which in the opinion of the Commissioner are necessary or desirable for, or incidental to, the development of the land as a building estate, including the provision, maintenance and improvement of buildings, gardens, factories, workshops, places of worship, places of recreation and other works or buildings, for, or for the convenience of, persons belonging to the poorer classes.
### 284K. Mode of acquisition of land for housing accommodation. - (1) Land for the purposes of the foregoing section may be acquired by the Commissioner by agreement upon obtaining the requisite sanction under section 77, or he may, with the sanction of the Standing Committee, be authorised to acquire land for those purposes by means of a compulsory acquisition order made and submitted to the State Government and confirmed by it in accordance with the provisions of Schedule C to this Act.
(2) The Commissioner may, with the consent of and subject to any conditions imposed by the State Government acquire land for the purposes of section 284J, notwithstanding that the land is not immediately required for those purposes;
Provided that the Commissioner shall not be authorised to acquire any land compulsorily for those purposes unless it appears to the State Government that it is likely to be required for those purposes within ten years from the date on which it confirms the compulsory acquisition order.
(3) The provisions of Schedule B to this Act shall have effect with respect to the validity and date of operation of a compulsory acquisition order made under this section.
(4) Nothing in this Act shall authorise the compulsory acquisition for the purposes of section 284-1 of any land which is the property of Government or any local authority, or which is the property of any Corporation authorised by law to construct, work and carry on any gas, electricity or water work or other similar work of public utility and was acquired for the purposes of such Corporation, or which, at the date of the compulsory acquisition order forms part of any park, garden or recreation ground.
### 284L. Power of dealing with land acquired or appropriated for provision of housing accommodation. - (1) Where the Commissioner has acquired or appropriated any land for the purposes of section 284J then, without prejudice to any of his other powers under this Act, he may-
(a) lay out and construct public streets or roads and open spaces on the land;
(b) with the approval of the Standing Committee, sell or lease the land or part thereof to any person for the purpose and under the condition that person will erect and maintain thereon such number of buildings suitable for the poorer classes as may be fixed by the Commissioner in accordance with plans approved by him and, when necessary, will lay out and construct public streets or roads and open spaces on the land, or will use the land for purposes which in the opinion of the Commissioner arc necessary or desirable, for, or incidental to, the development of the land in accordance with plans approved by the Commissioner including the provision, maintenance and improvement of houses and gardens, places of recreation and other works or buildings for, or for the convenience of, persons belonging to poorer classes;
(c) with the approval of the Standing Committee, sell the land or part thereof or if such land is not abutting on any public street, exchange the land or part thereof for land better adapted for those purposes, cither with or without paying or receiving any money for equality of exchange;
(d) with the approval of the Standing Committee, sell or lease any buildings on the land or erected by him on the land, subject to such covenants and conditions as he may think fit to impose either in regard to the maintenance of the buildings as dwellings for the poorer classes or otherwise in regard to the use of the buildings, and upon any such sale he may, if he thinks fit, agree to the price being paid by instalments together with interest on the outstanding balance at such rate as may from time to time be prescribed by the Standing Committee in this behalf, or to a payment or part thereof being secured by a mortgage of the premises,
(2) Where the Commissioner acquires any building which can be made suitable as a building for the poorer classes or an estate or interest in such a building, he shall forthwith proceed to secure the alterations, enlargement, repair or improvement of the building, either by himself executing any necessary works, or by leasing or selling it to some person subject to conditions for securing that he will alter, enlarge, repair or improve it.
### 284M. Supplementary powers in connection with provision of accommodation. - The powers of the Commissioner to provide housing accommodation for the poorer classes, shall include a power to provide and maintain and if desired, jointly with any other person, in connection with any such housing accommodation, any building adapted for use as a shop, any recreation grounds, or other buildings or land which in the opinion of the Commissioner will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.
Land Acquisition
### 284N. Extent to which Land Acquisition Act shall apply to acquisition of land otherwise than by agreement. - The Land Acquisition Act, 1894 (1 of 1894), (in this and the next succeeding sections referred to as 'the Land Acquisition Act shall to the extent set forth in Appendix 1 regulate and apply to the acquisition of land under this Chapter, otherwise than by agreement, and shall for that purpose be deemed to form part of this Chapter in the same manner as if enacted in the body hereof, subject to the provisions of this Chapter and to the provisions following, namely:-
(1) a reference to any section of the Land Acquisition Act shall be deemed to be a reference to such section, as modified by the provisions of this Chapter, and the expression `land', as used in the Land Acquisition Act, shall be deemed to have the meaning assigned to it by clause (30) of section 2 of this Act, and clause (b) of section 3 of the Land Acquisition Act shall, for the purposes of this Chapter, be read as if the words and parenthesis `(including Government)", were inserted after the words "includes all persons" and the words "or if he is the owner of any right created by legislative enactment over any street forming part of the land" were added after the words "affecting the land";
(2) in the construction of sub-section (2) of section 4 of the Land Acquisition Act and the provision of this Chapter, the provisions of the said subsection shall, for the purposes of this Act, be applicable immediately upon the passing of a resolution under sub-section (1) of section 270, 280, 284E or 284-1 as the case may be, and the expression `State Government' shall be deemed to include the Commissioner, and the words `such locality' shall be deemed to mean the locality referred to in any such resolution;
(3) in the construction of the sections of the Land Acquisition Act deemed to form part of this Chapter and of the provisions of this Chapter, the publication of a notification under sub-section (2) of section 272, or the publication of notice of a compulsory acquisition order having been made under clause 2(a) of Scheduled C to this Act shall be deemed to be the publication of a notification under sub-section (1) of section 4 of the Land Acquisition Act and the date of publication of the declaration under section 278 or of publication of a notice of a compulsory acquisition order having been confirmed under clause 1 of Schedule B shall be deemed to be the date of the publication of the declaration under section 6 of the Land Acquisition;
Provided that where land is acquired under section 273 or section 274 the date of publication of the notification under sub-section (2) of section 272 shall be deemed to be the date of publication of a declaration under section 6 of the Land Acquisition Act;
(4) the provision of sub-section (1) of section 17 of the Land Acquisition Act to take possessions of land shall apply to any land which the Commissioner is authorised under this Chapter as if it were land needed urgently for a public purpose subject to the condition that the Corporation shall pay additional compensation in the form of interest not exceeding 6 per cent, on the compensation awarded from the date on which possession of land is taken by the Collector;
(5) in the construction of sub-section (2) of section 50 of the Land Acquisition Act and the provisions of this Chapter, the Commissioner shall be deemed to be "the local authority or Company concerned";
(6) notwithstanding anything contained in sub-section (1) of section 49 of the Land Acquisition Act, it shall not be competent for the owner of any building, of which it is proposed to acquire only a part, to insist on the acquisition of his entire holding where the part proposed to be acquired can, in the opinion of the Collector, be served from the remainder without material detriment thereto:
Provided that the Collector shall, if required by the owner of such building, refer the question whether such part can be severed from the remainder without material detriment for the determination of the Court and the Court shall decide upon such a reference, as if it were a reference to the Court under the said sub-section:
Provided also that, if, in the opinion of the Collector, or in the event of a reference of the Court, the part proposed to be acquired cannot be severed from the remainder without material detriment thereto, the State Government may, at the instance of the Commissioner, order the acquisition of the remainder, and in such case no fresh declaration shall be necessary, but the Collector shall without delay furnish a copy of the order of the State Government to the person or persons interested and shall thereafter take order for the acquisition of the remainder in like manner and with like powers in all respects as if the acquisition had originally been provided for in the improvement scheme or under a compulsory acquisition order, as the case may be;
(7) section 54 of the Land Acquisition Act shall not apply to any case of acquisition of land to which section 284-O applies.
### 284O. Determination by Special Tribunal in certain cases. - (1) For the purposes of the acquisition of land under a compulsory acquisition order made and confirmed under the provisions of this Chapter, the functions of the Court under the Land Acquisition Act shall be performed by a Tribunal having the constitution and powers set forth in Schedule D and in the construction of the said Act and the provisions of this Chapter the Tribunal shall be deemed to be the Court, and the President of the Tribunal shall be deemed to be the Judge.
(2) the award of the Tribunal shall be deemed to be the award of the Court under the Land Acquisition Act, and shall be final:
Provided that in any case in which the President may grant a certificate that the case is a fit one for appeal, there shall be an appeal to the High Court from any part of the award of the Tribunal.
(3) Every award of the Tribunal, and every order made by the Tribunal for the payment of money, shall be enforced by the District Court as if it were a decree of that Court.
### 284P. Special provisions as to compensation. - In determining the amount of compensation to be awarded for any land or building acquired under this Act, the following further provisions shall apply:-
(1) the Court shall take into consideration any increase to the value of any other land or building belonging to the person interested likely to accrue from the acquisition of the land or from the acquisition, alteration, or demolition of building;
(2) when any addition to or improvement of, the land or building has been made after the date of the publication under sub-section (2) of section 272 of a notification relating to the land or building, such addition, or improvement shall not (unless it was necessary for the maintenance of the building in a proper state of repair) be included, nor in the case of any interest acquired after the said date shall any separate estimate of the value thereof be made, so as to increase the amount of compensation to be paid for the land or building;
(3) in estimating the market value of the land or building at the date of the publication of a notification relating thereto under sub-section (2) of section 272 the Court shall have due regard to the nature and the condition of the property and the probable duration of the building, if any, in its existing state and to the state of repair thereof and to the provisions of clauses (4), (5) and (6) of this section;
(4) if in the opinion of the Court the rental of the land or building has been enhanced by reason of its being used for an illegal purpose, or being so overcrowded as to be dangerous or injurious to the health of the inmates, the rental shall not be deemed to be greater than the rental which would be obtainable if the land or building were used for legal purposes only, or were occupied by such a number of persons only as it was suitable to accommodate without risk of such overcrowding;
Explanation. - The word "overcrowding" in this sub-section shall have the same meaning as it has for the purposes of section 307.
(5) if in the opinion of the Court the building is in a state of defective sanitation, or is not in reasonably good repair the amount of compensation shall not exceed the estimated value of the property after the building has been put into a sanitary condition, or into reasonably good repair, less the estimated expense of putting it in to such condition, or repair;
(6) if in the opinion of the Court the building being used or intended or likely to be used for human habitation is not reasonably capable of being made fit for human habitation, the amount of compensation for the building shall not exceed the value of the materials, less the^cost of demolition;
(7) the Court may award compensation in respect of the severance of any part of a building proposed to be acquired in addition to the value of that part;
(8) the compensation to be paid for land, including any buildings thereon, acquired as being land comprised in a clearance area shall be the value at the time valuation is made of the land as a site cleared of buildings and available for development in accordance with the requirements of the building bye-laws for the time being in force:
Provided that this sub-section shall not have effect in the case of the site of a building properly included in a clearance area only on the ground that by reason of its bad arrangement in relation to other buildings or the narrowness or bad arrangement of the streets, it is dangerous or injurious to the health of the inhabitants of the area, unless it is a building constructed or adopted as, or for the purposes of, dwelling, or partly for those purposes and partly for other purposes, and part thereof (not being a part used for other purposes) is by reason of disrepair or sanitary defects unfit for human habitation;
(9) the compensation to be paid for a building which the Commissioner is authorised to acquire under sub-section (2) of section 284G as being unfit for human habitation and not capable at reasonable expenses of being rendered so fit shall be assessed in like manner as if it had been land acquired as being comprised in a clearance area.
### 284Q. Collector to take possession after making an award and transfer land to Corporation. - When the Collector has made an award under section 11 of the Land Acquisition Act, as applied by this Act, he may take possession of the land which shall thereupon vest absolutely in Government free from all encumbrances, and the Collector shall, upon payment of the cost of the acquisition, make over charge of the land to the Commissioner and the land shall thereupon vest in the Corporation subject to the liability of the Commissioner to pay on behalf of the Corporation any further costs which may be incurred on account of the acquisition of the land.
Levy of Betterment Charges
### 284R. Condition for levying betterment charge in clearance and re development areas. - (1) When by the clearance or re-development of an area as provided for under section 284A or 284F and 284G respectively any land will, in the opinion of the Commissioner, be increased in value, the Commissioner may declare that a betterment charge shall be leviable in respect of the increase in value of the land resulting from such clearance or re-development.
(2) Before declaring that a betterment charge shall be leviable under sub-section (1), the Commissioner, shall serve on every person whose name appears in the Commissioner's assessment book as primarily liable for the payment of property taxes leviable under this Act on any land or building or part of a building affected by the proposed levy of betterment charge a notice of his intention to declare a betterment charge in respect of the land, and specifying the time within which, and the manner in which objections thereto, can be made to the Commissioner.
(3) The Commissioner shall submit to the Standing Committee any objections received under sub-section (2) and any suggestions he may wish to make in that respect.
(4) The Standing Committee shall, after consideration of any of such objections and suggestions, make such modifications in respect of the proposed betterment charge as it thinks fit, and the Commissioner shall thereafter declare that the betterment charge, either with or without modifications, shall be leviable.
### 284S. Method of calculating charge. - Where an improvement scheme has provided for the levy of a betterment charge pursuant to sub-section (2) of section 271, or where the Commissioner has declared a betterment charge to be leviable under sub-section (4) of sections 284R such betterment charge shall be an amount equal to one-half of the increase in value of the land and shall be calculated, in the case of an improvement scheme upon the amount by which the value of the land on completion of the execution of the scheme exceeds the value of the land at the time of the publication of the notification made under section 272 and in the case of clearance or re-development area, upon the amount by which the value of the land on completion of the clearance or re-development of the area exceeds the value of the land at the date of the resolution of the Corporation under section 280 or section 284E declaring that area to be clearance area or redevelopment area, as the case may be.
### 284T. Procedure for determining charge. - (1) When it appears to the Commissioner that an improvement or a clearance scheme or a re-development scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the Commissioner shall make a report to the Standing Committee to that effect and the Standing Committee after considering the report may by resolution declare the date on which for the purpose of determining the amount of the betterment charge the execution of the scheme shall be deemed to have been completed.
(2) The betterment charge leviable in each case shall be determined in accordance with section 284S after following the procedure prescribed in sub-section (3) by such officer as the State Governments may he notification in the Official Gazette, appoint in this behalf at the request of the Corporation.
(3) On a date being fixed under sub-section (1) and an officer being appointed under sub-section (2), the Commissioner shall, in consultation with such officer, serve upon every person on whom a notice in respect of the property affected has been served under sub-section (2) of section 272 or under sub-section (2) of section 284R a notice, which shall state-
(a) the date declared by the Standing Committee under sub-section (1) as aforesaid;
(b) the time (being some time not less than twenty-one days after the service of the notice) and place at which the assessment of the betterment charge will be considered by such officer, and every person upon whom such notice is served shall be entitled to be heard either in person or by a duly authorised agent when the matter is taken into consideration by such officer.
(4) When such officer has determined the amount of betterment charge leviable in respect of any property, the Commissioner shall serve upon the concerned a notice stating the amount so determined.
(5) With effect from the date of service of the notice under sub-section (4) an subject to the decision upon any reference made to the Tribunal as hereinafter provided in subsection (6), the amount of the betterment charges determined as aforesaid and interest thereon, if any, shall be a charge upon the property in respect of which it is levied and shall be recoverable in the same manner as expenses declared to be improvement expenses under section 442.
(6) If nay person or the Commissioner is dissatisfied with the betterment charge determined by the said officer, he may, at any time within two months from the date of service of notice under sub-section (4) refer the case for the determination of the Tribunal constituted under section 284-O, whose decision in this behalf shall be final.
(7) If no reference is made to the Tribunal for the determination of the betterment charge within the period specified in sub-section (6), the determination of a betterment charge by the officer appointed by the State Government in this behalf shall be final.]
Chapter XVII
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Municipal Fire Brigade
### 285. Maintenance of firemen and of necessary fire engines, etc. - (1) With a view to the discharge by the Corporation of the duty of extinguishing fire and protecting life and property in case of fire, the Commissioner shall provide, in the statement of municipal officers and servants from time to time prepared by him under section 51, fora force of firemen, with a proper number of officers over them to be called "the municipal fire-brigade", and shall furnish the said brigade with all such fire-engines, fire-escapes, vehicles, accoutrements, tools, implements and means of intercommunication as may be necessary for the efficient discharge of their duties.
(2) A person may be appointed to be a member of the fire-brigade in addition to any other office or employment of such person.
(3) The Corporation may recognise any body of persons on such terms and conditions as it may fix as a volunteer fire-brigade to supplement the municipal fire-brigade.
### 286. Powers of Chief Officer of Fir. - Brigade at a fire.-On the occasion of a fire the Chief or other officer in charge of the fire-brigade may, subject to such orders as the Commissioner may from time to time issue in this behalf, take the command of all municipal officers and servants present and of any other persons who voluntarily place their services at his disposal; and may on such occasions exercise all or any of the powers specified in the rules.
### 287. Police and municipal officers and servants to aid the fire-brigade. - (1) It shall be the duty of all police officers and of all municipal officers and servants to aid the fire-brigade in the execution of their duties.
(2) Any police officer or any municipal officer may close any street in or near which a fire is burning and remove any persons who interfere by their presence with the operations of the fire-brigade.
### 288. Damage done by fire-brigade to be deemed damage by fire. - (1) Any damage occasioned by the fire-brigade in the due execution of their duties, or by any police or municipal officer or servant who aids the fire-brigade, shall be deemed to be damage by fire.
(2) No damages shall be payable for any act done in good faith by any person in any operation carried out in pursuance of section 286 or 287.
### 289. Report of fire to be submitted. - A report of every fire which occurs in the city shall be submitted by the Chief or other officer in charge of the fire-brigade not later than the day following the fire to the Commissioner, who shall make such further inquiry, if any, as he may deem necessary and shall furnish a weekly return of all fires which occur in the City to the Standing Committee.
Chapter XVIII
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Sanitary Provisions Scavenging and Cleansing
### 290. Commissioner to provide for cleansing of streets and removal of refuse. - For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Commissioner shall take measures for securing-
(a) the daily surface-cleansing of all streets in the City and removal of the sweeping therefrom;
(b) the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this Act for the temporary deposit of dust, ashes, refuse, rubbish, trade refuse, carcasses of dead animals and excrementitious and polluted matter.
### 291. Refuse, etc., to be the property of the Corporation. - All matters deposited in pubic receptacles, depots and places provided or appointed under section 292 and all matters collected by municipal servants or contractors in pursuance of sections 290 and 293 shall be the property of the Corporation.
### 292. Provision and appointment of receptacles, depots and places for refuse, etc. - The Commissioner shall provide or appoint in proper and convenient situations public receptacles, depots and places for the temporary deposit or final disposal of-
(a) dust, ashes, refuse and rubbish;
(b) trade refuse;
(c) carcasses of dead animals;
(d) excrementitions and polluted matter:
Provided that the said matter shall not be finally disposed of in any place or manner in which the same have not heretofore been so disposed of, without the sanction of the Corporation or in any place or manner which the [State] Government thinks fit to disallow.
### 293. Provision may be made by Commissioner for collection etc., of excrementitious and polluted matter. - When the Commissioner has given public notice, under clause (a) of sub-section (1) of section 131, of his intention to provide, in a certain portion of the City, for the collection, removal and disposal, by municipal agency, of all excrementitious and polluted matter from privies, urinals and cesspools, it shall be lawful for the Commissioner to take measures for the daily collection, removal and disposal of such matter from all premises situated in the said portion of the City.
### 294. Special sanitary arrangements at certain places. - (1) The Commissioner shall make such special arrangements, whether permanent or temporary, as he considers adequate for maintaining sanitation in the vicinity of any temple, math, mosque, tomb or any place of religious worship or instructions to which large number of persons resort on particular occasions or in any place which is used for holding fairs or festivals.
(2) The Commissioner may require any person having control over any such place as aforesaid to pay to the Corporation such contribution towards the cost of the special measures taken under sub-section (1) as the Corporation may from time to time fix.
### 295. Scavenger duties in certain cases may not be discharged by private individuals without Commissioner's permission. - In any portion of the City in which the Commissioner has given a public notice under clause (a) of sub-section (1) of section 131 and in any premises, wherever situate, in which there is a water-closet or privy connected with a municipal drain, it shall not be lawful, except with the written permission of the Commissioner, for any person who is not employed by or on behalf of the Commissioner to discharge any of the duties of scavengers.
Inspection and Sanitary Regulation of Premises
### 296. Power to inspect premises for sanitary purposes. - The Commissioner may inspect any building or other premises for the purpose of ascertaining the sanitary condition thereof.
### 297. Cleansing and lime-washing of any building may be required. - If it shall appear to the Commissioner necessary for sanitary reasons so to do, he may, by written notice, require the owner or occupier of any building so inspected to cause the same or some portion thereof to be lime-washed or otherwise cleansed, either externally or internally, or both extremely and internally.
### 298. Buildings or rooms in buildings unfit for human habitation. - (1) If, for any reasons, it shall appear to the Commissioner that any building, or any room in a building intended for or used as a dwelling is unfit for human habitation, he shall give to the owner or occupier of such building notice in writing stating such reason and signifying his intention to prohibit the further use of the building or room, as the case may be, as a dwelling and shall by such notice call upon the owner or occupier aforesaid to state in writing any objection thereto within thirty days after the receipt of such notice, and if no objection is raised by such owner or occupier within such period as aforesaid, or if any objection which is raised by such owner or occupier within such period appears to the Commissioner invalid or insufficient, he may, with the previous approval of the Standing Committee, by an order in writing, prohibit the further use of such building or room as a dwelling:
Provided that, before such approval is given, the owner or occupier aforesaid shall have the right of appearing before the Standing Committee in person or by agent and of showing cause why such approval should not be given.
(2) When any such prohibition as aforesaid has been made, the Commissioner shall cause notice of such prohibition to be affixed to, and the letters "U.H.H." to be painted on the door or some conspicuous part of, such building or room, as the case may be, and no owner or occupier of such building or room shall use or suffer the same to be used for human habitation until the Commissioner certifies in writing that the building or room, as the case may be, has been rendered fit for human habitation.
(3) The Commissioner shall in each such case give written instructions to the owner or occupier as to what modifications or alterations are required to be made for rendering such building or room fit for human habitation.
(4) The Commissioner may cause any person who uses any building or room in contravention of sub-section (2) to be removed from such building or room by any police officer.
(5) Where the Commissioner has prohibited the further use of a building or room, as the case may be, as a dwelling the owner of such building shall, so far as may be necessary to prevent nuisance, keep the building or room clean and wholesome.
(6) The provisions of sub-sections (6) and (7) of section 268 shall apply on the issue by the Commissioner of a certificate that the building or room, as the case may be, has been rendered fit for habitation as if such certificate were the withdrawal of a notice issued under sub-section (1) of the said section.
### 299. Power to require repair of insanitary buildings. - (1) If it shall appear to the Commissioner that any building intended for or used as a dwelling is in any respect unfit for human habitation and does not conform with the regulations, the Commissioner may, by written notice, require the owner of the building, within such reasonable time, not 'being less than twenty-one days, as may be specified in the notice, to execute such works or carry out such alterations as would render the building fit for human habitation.
(2) In addition to serving a notice under this section on the owner of the building the Commissioner may serve a copy of the notice on any other person having an interest in the building or in the land on which such building has been erected, whether as mortgage, lessee, or otherwise.
### 300. Power to order demolition of insanitary buildings. - (1) If it shall appear to the Commissioner that any building intended for or used as a dwelling is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, he shall serve upon the occupier of the building and the owner thereof, and, so far as it is reasonably practicable to ascertain such persons, upon any person having interest in such building notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the condition of the building and any offer with respect to the carrying out of works, or the future use of the building, which he may wish to submit, will be considered by the Standing Committee, and every person upon whom such a notice is served shall be entitled to be heard either in person or by agent when the matter is so taken into consideration.
(2) A person upon whom notice is served under sub-section (1) shall, if he intends to submit an offer with respect to the carrying out of works, within twenty-one days from the date of the service of the notice upon him, serve upon the Commissioner notice in writing of his intention to make such an offer and shall, within such reasonable period as the Commissioner may allow, submit to him a list of the works which he offers to carry out.
(3) The Commissioner may, with previous approval of the Standing Committee, accept from any owner or any other person interested an undertaking in writing either that he will within a specified period carry out such works as will, in the opinion of the Commissioner, render the building fit for human habitation, or that it shall not be used for human habitation until the Commissioner, on being satisfied that it has been rendered fit for that purpose and with the previous approval of the Standing Committee, cancels the undertaking.
(4) If no such undertaking, as is mentioned in sub-section (3) is accepted by the Commissioner, or if, in a case where the Commissioner has accepted such an undertaking, any work to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, [the Commissioner shall] with the previous approval of the Standing Committee, make a demolition order requiring that the building shall be vacated within a period to be specified in the order, not being less than twenty-eight days from the date on which the order becomes operative, and that it shall be demolished within six weeks after the expiration of that period, or if the building is not vacated before the expiration of that period, within six weeks after the date on which it is vacated, or in either case within such longer period as in the circumstances the Commissioner deems it reasonable to specify, and shall serve a copy of the order upon every, person upon whom the Commissioner would be required by sub-section (1) to serve a notice issued by him under that subsection.
(5) In determining for the purpose of this section, whether a building can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render it so fit and the value which it is estimated that the building will have when the works are completed.
### 301. Procedure where demolition order made. - (1) When a demolition order under section 300 has become operative the owner [or owners] of the building to which it applies shall demolish the building within the time limited in that behalf by the order; and, if the building is not demolished within that time, the Commissioner shall [cause the building to be vacated if necessary in the manner provided in section 388A, and shall] take measures to demolish the building and sell the materials thereof.
(2) Any expenses incurred by the Commissioner under sub-section (1), after giving credit for the amount realised by sale of the materials, shall be, payable by the owner of the building, and any surplus in the hands of the Commissioner after payment of such expenses shall be paid by the Commissioner to the owner of the building, or if there are more than one owner, [shall be paid in accordance with the agreement between them. In default of agreement between such owners the Commissioner shall deposit the surplus amount in the Small Causes Court and the chief Judge of said Court shall decide the proportion in which such amount should be paid to such owners. The decision of the Chief judge shall be final.]
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### 302. Building rendered fit not to be deemed unfit for ten years if not conforming to regulations made subsequently. - Where in pursuance of a notice under sub-section (1) of section 299 any building has been rendered fit for human habitation by the execution of works and alterations to the satisfaction of the Commissioner, such building during a period of ten years from the date of completion of such works and alterations shall not be deemed to be unfit for human habitation by reason only of not conforming with any regulation made subsequently to such date affecting the structure of such building.
### 303. Power to order demolition of obstructive building. - (1) The Commissioner may serve upon the owner of a building which appears to him to be an obstructive building, notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the question of ordering the building or any part thereof to be demolished will be considered by the Standing Committee, and the owner shall be entitled to be heard either in person or by agent when the matter is so taken into consideration.
(2) If, after so taking the matter into consideration, the Standing Committee resolves that the building is an obstructive building and that the building or any part thereof ought to be demolished, the Commissioner may make a demolition order requiring that the building or that part thereof shall be demolished, and that the building, or such part thereof as is required to be vacated for the purposes of the demolition, shall be vacated within two months from the date on which the order becomes operative, and if he does so, shall serve a copy of the order upon the owner of the building.
(3) In this section, the expression "obstructive building" means a building which, although not in itself unfit for human habitation, is so situated that by reason of its proximity to or contact with any other buildings it-
(a) stops or impedes ventilation or otherwise makes or conduces to make such other buildings to be in a condition unfit for human habitation or dangerous or injurious to health; or
(b) prevents proper measures from being carried into effect for remedying any nuisance injurious to health or other evils complained of in respect of such other buildings.
### 304. Effect of order for demolition of obstructive building. - (1) If, before the expiration of the period within which a building or part thereof in respect of which an order is made under section 303 is thereby required to be vacated, any owner or any person known to have an interest in such building or the site of the building makes to the Commissioner an offer for the sale of the building site or any interest therein to the Corporation at a price equal to the compensation to be assessed as provided in subsection (6), the Commissioner shall, upon obtaining the requisite sanction under section 77 accept the offer and shall, as soon as possible after obtaining possession, carry out the demolition.
(2) Upon payment of the price mentioned in sub-section (1), the said building and the site thereof to the extent of the interest acquired shall vest in the Corporation.
(3) If no such offer as is mentioned in sub-section (1) is made before the expiration of the said period, the owner of the building shall carry out the demolition provided for by the order before the expiration of six weeks from the last day of that period, or, if the building, or such part thereof as is required to be vacated, is not vacated until after that day, before the expiration of six weeks from the day on which it is vacated, or, in either case, before the expiration of such longer period as in the circumstances the Commissioner deems reasonable, and if the demolition is not so carried out the Commissioner shall [cause the building or part thereof to be vacated, if necessary, in the manner provided in section 388A and] take measures to carry out the demolition and sell the materials rendered available thereby.
(4) When any obstructive building or any part thereof is demolished either by the owner or by the Commissioner as provided for in sub-section (3), the Commissioner may at once take possession on behalf of the Corporation of the land occupied by and appurtenant to the said building or part thereof, and shall pay compensation as provided in sub-section (6).
(5) The provisions of sub-sections (2) and (3) of section 301 shall apply in relation to any expenses incurred by the Commissioner under sub-section (3) and to any surplus remaining in the hands of the Commissioner as they apply in relation to any expenses or surplus in a case where a building is demolished in pursuance of a demolition order made under section 300.
(6) The Compensation payable by the Commissioner for the building and the site thereof upon any sale effected under sub-section (1) and the compensation payable by the Commissioner under sub-section (4) shall be the market value of the land and the building demolished, at the date of the demolition order made under sub-section (2) of section 303.
### 305. Compensation for acquiring obstructive building recoverable in certain cases as improvement expenses. - (1) When a demolition order in respect of an obstructive building or any part thereof has been made under section 303, the Commissioner may specify and declare to the Standing Committee the other buildings for the benefit of which the obstructive building or part thereof is intended to be demolished and shall serve a notice to that effect upon the owner of each of such other buildings.
(2) If in the opinion of the Commissioner the demolition of the obstructive building or part thereof adds to the value of the premises for the benefit of which the obstructive building has been demolished, the Commissioner shall determine the amount of increase in value, and shall with the approval of the Standing Committee, apportion so much of the compensation to be made for the acquisition of the whole or part of the obstructive building including the site thereof as may be equal to the increase in value of the said premises amongst them.
(3) For the purpose of sub-section (2), the Commissioner shall have the like powers as are conferred on him by or under this Act for the purpose of determining the rateable value of a building or land and every person required to make or deliver a statement under this sub-section shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code. (XLV of 1860.)
(4) The Commissioner may declare the sum apportioned to each of the premises in respect of its increase in value to be improvement expenses incurred for the benefit of such premises and the same shall thereupon be a charge upon such premises and shall be recoverable in the same manner as expenses declared to be improvement expenses under section 442.
(5) An appeal shall lie within a period of one month to the Judge against an order of the Commissioner under sub-section (4).
### 306. Appeal against demolition orders. - Any person aggrieved by a demolition order made under section 300 or section 303 may, within twenty-one days after the date of the service of a copy of the order, appeal to the Judge, and no proceedings shall be taken by the Commissioner to enforce any order in relation to which an appeal is brought before the appeal is finally determined:
Provided that no appeal shall lie at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years.
[306A. Prohibition of back-to-back buildings. - Notwithstanding anything contained in this Act, it shall not be lawful to erect any back-to-back buildings intended to be used as dwellings and any such building, shall for the purposes of this Act, be deemed' to be unfit for human habitation:
Provided that nothing in this section shall prevent the erection or use of a building containing several tenements in which tenements are placed back-to-back if in the opinion of the Commissioner the several tenements are so constructed and arranged as to secure effective ventilation of all habitable rooms in every tenement.]
### 307. Over-crowded dwellings. - (1) Where it appears to the Commissioner, whether from any certificate furnished under the rules or otherwise, that any building or any room therein used for human habitation is overcrowded, he may apply to [the District Magistrate] to prevent such overcrowding, and the said Magistrate, after such inquiry as he thinks fit to make, may prescribe the maximum number of persons to be accommodated in each room and may, by written order, require the owner of the building, within a reasonable time not exceeding ten days to be prescribed in the said order, to abate the overcrowding thereof, by reducing the number of lodgers, tenants or other inmates of the said building or room or rooms, in accordance with the maximum so prescribed and to the satisfaction of the Commissioner or may pass such other order as he may deem just and proper.
Explanation. - The landlord of the lodgers, tenants or other actual inmates of a building shall, for the purposes of this sub-section, be deemed to be the owner of the said building.
(2) Notwithstanding any provision to the contrary in any other law or in any contract, every tenant, lodger or other inmate of the said building or room shall vacate on being required by the owner so to do in pursuance of any order under sub-section (1).
(3) The [State] Government may from time to time, after consulting the Corporation, direct by order in the Official Gazette, what shall constitute overcrowding for the purposes of this section, and may in such order specify the minimum space to be allowed for each person according to age in premises used exclusively as a dwelling and in premises used as a dwelling as well as for some other purpose.
### 308. Insanitary huts and shed. - If the Commissioner is of opinion that any hut or shed used either as a dwelling or as a stable or for any other purpose, is likely, by reason of its being built without a plinth or upon a plinth of insufficient height or without proper means of drainage or ventilation, or on account of the impracticability of scavenging or owing to the manner in which it and other huts or sheds are crowded together to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger the public health or safety, he may, by written notice, which shall be affixed to some conspicuous part of such hut or shed, require the owner or occupier thereof, or the owner of the land on which such hut or shed stands, to remove or alter such hut or shed or to take such order for the improvement thereof as the Commissioner shall deem necessary.
Disposal of Carcasses of Animals
### 309. Removal of carcasses of dead animals. - (1) It shall be the duty of the Commissioner to provide for the removal of the carcasses of all animals dying within the City.
(2) The occupier of any premises in or upon which any animal shall die or in or upon which the carcass of any animal shall be found, and the person having the charge of any animal which dies in the street or in any open place, shall, within three hours after the death of such animal or, if the death occurs at night, within three hours after sunrise, report the death of such animal at the nearest office of the municipal health department.
(3) For every carcass removed by municipal agency, a fee for the removal of such amount as shall be fixed by the Commissioner shall be paid by the owner of the animal or, if the owner is not known, by the occupier of the premises in or upon which, or by the person in whose charge, the said animal died.
Regulation of Public Bathing, Washing, Etc.
### 310. Places for public bathing, etc., to be fixed by Commissioner, and regulation of use of such places. - (1) The Commissioner may from time to time-
(a) set apart portions of a river or other suitable places vesting in the Corporation for use by the public for bathing or for washing animals, or for washing or for drying clothes;
(b) specify the times at which and the sex of persons by whom, such places may be used;
(c) prohibit, by public notice, the use by the public for any of the said purposes of any place not so set apart;
(d) prohibit by public notice the use by the public of any portion of a river or place not vesting in the corporation for any of the said purposes;
(e) regulate by public notice the use by the public of any portion of a river or other place vesting in the Corporation and set apart by him for any of the said purposes; and
(f) regulate by public notice the use by the public of any portion of a river or other place not vesting in the Corporation for any of the said purposes, and of any work and of the water in any work, assigned and set apart under this Act for any particular purpose.
(2) The Commissioner may charge such fees as the Standing Committee may fix for the use of any place set apart under clause (a) of sub-section (1) by any specified class or classes of persons or by the public generally.
### 311. Prohibition of bathing etc., contrary to order. - Except as permitted by any order made under any provision of this Act, no person shall-
(a) bathe in or near any lake, tank, reservoir, fountain, cistern, duct, stand-pipe, stream or well or on any part of a river, or other place vesting in the Corporation;
(b) wash or cause to be washed in or near any such place or work, any animal, clothes or other article;
(c) throw, put or cause to enter into the water in any such place or work, any animal or other thing;
(d) cause or suffer to drain into or upon any such place or work, or to be brought there into or thereupon, anything, or do anything, whereby the water shall be in any degree fouled or corrupted;
(e) dry clothes in or upon any such place; and no person shall-
(f) in contravention of any prohibition made by the Commissioner under section 310 use any portion of a river or any place not vesting in the Corporation for any purpose mentioned in the said section;
(g) contravene the provisions of any notice given by the Commissioner under section 310 for the use of any such portion of a river or place for any such purpose.
### 312. Prohibition of corruption of water by stepping therein animal or other matter, etc. - No person shall-
(a) steep in any tank, reservoir, stream, well or ditch, any animal, vegetable or mineral matter likely to render the water thereof offensive or dangerous to health;
(b) whilst suffering from any contagious, infectious or loathsome disease, bathe on, in or near any bathing-platform, lake, tank, reservoir, fountain, cistern, duct, standpipe, stream or well.
Regulation of Factories, Traders, Etc
### 313. Factory, etc. not to be newly established without permission of Commissioner. - No person shall-
(i) newly establish in any premises,
(ii) remove from one place to another,
(iii) re-open or renew after discontinuance for a period of not less than three years, or
(iv) enlarge or extend the area or dimensions of, any factory, workshop or work place in which it is intended to employ steam, water, electrical or other mechanical power or any bakery except with the previous written permission of the Commissioner nor shall any person work or allow to be worked any such factory, workshop, workplace or bakery without such permission:
Provided that for the purpose of clause (iii) no such permission shall be required if during the period of discontinuance the machinery has not been removed from the place where the factory, workshop or bakery was originally established.
### 314. Prohibition of corruption of water by chemicals, etc. - No person engaged in any trade or manufacture specified in section 376 or the rules, shall,-
(a) willfully cause or suffer to be brought or to brought or to flow into any lake, tank, reservoir, cistern, well, duct or other place for water belonging to the Corporation or into any drain or pipe communicating therewith, any washing or other substance produced in the course of any such trade or manufacture as aforesaid,
(b) wilfully do any act connected with any such trade or manufacture as aforesaid, whereby the water in any such lake tank, reservoir, cistern, well, duct or other place for water is fouled or corrupted.
Prevention and Checking Spread of Dangerous Diseases
### 315. Power of Commissioner, Medical Officer of Health, etc., in case dangerous disease. - in the event of any person being found to have been attacked with a dangerous disease or any person being found suffering with such disease in any place or vehicle, it shall be lawful for the Commissioner or the Medical Officer of Health or any other municipal officer to take such measures as are prescribed by rules.
### 316. Any place may at any time be inspected for purpose of preventing spread of dangerous disease. - The Commissioner may at any time, by day or by night, without notice, or after giving such notice of his intention as shall, in the circumstances, appear to him to be reasonable, inspect any place in which any dangerous disease is reputed or suspected to exist, and take such measures as he shall think fit to prevent the spread of the said disease beyond such place.
### 317. Destruction of huts and shed when necessary. - If the Commissioner is of opinion that the destruction of any hut or shed is necessary to prevent the spread of any dangerous disease, he may, after giving to the owner or occupier of such hut or shed, such previous notice of his intention as may in the circumstances of the case appear to him reasonable, take measures for having such hut or shed and all the materials thereof destroyed.
### 318. Closure of lodging and eating houses. - The Commissioner may on being satisfied that it is in the public interest so to do, by written order direct that any lodging house or any place where articles of food and drink are sold or prepared, stored or exposed for sale, being a lodging house or place in which a case of a dangerous disease exists or has recently occurred, shall be closed for such period as may be specified in the order:
Provided that such lodging house or place may be declared to be open if the Medical Officer of Health certifies that it has been disinfected or is free from infection.
Special Sanitary Measures
### 319. Commissioner may take special measures on outbreak of any dangerous disease. - (1) In the event of the City being at any time visited or threatened with an outbreak of any dangerous disease, or in the event of any infectious disease breaking out or being likely to be introduced into the City amongst cattle including under this expression sheep and goats, the Commissioner, if he thinks the ordinary provisions of this Act and the rules or of any other law at the time in force are insufficient for the purpose, may, with the sanction of the [State] Government,-
(a) take such special measures, and
(b) by public notice prescribe such temporary orders to be observed by the public or by any person or class of persons, as are specified in the rules and as he shall deem necessary to prevent the outbreak of such disease or the spread thereof.
(2) The Commissioner shall forthwith report to the Corporation any measures taken and any orders made by him under sub-section (1).
Disposal of the Dead
### 320. Places for disposal of the dead to be registered. - (1) Every owner or person having the control of any place already used for burying, burning or otherwise disposing of the dead, shall apply to the Commissioner within a period of six months from the appointed day to register the same and the Commissioner shall cause the same to be registered.
(2) Such application shall be accompanied by a plan, bearing the signature of a licensed surveyor in token of its having been prepared by or under the supervision of such surveyor, of the place to be registered, showing the locality, boundaries and extent of the same. The application shall also contain information as regards the name of the owner or person or community interested therein, the system of management and such further particulars as the|Commissioner may require.
(3) The Commissioner may, on receipt of such application and plan, register the said place in a register which shall be kept for this purpose.
(4) The Commissioner shall cause to be deposited in the municipal office at the time of registration the plan referred to in sub-section (2).
(5) If the Commissioner is not satisfied with the plan or statement or particulars, he may refuse or postpone registration, until his objection have been removed.
(6) Every place vesting the Corporation used for burying, burning or otherwise disposing of the dead shall be registered in the register kept under sub-section (3), and a plan showing the locality, extent and boundaries thereof and bearing the signature of the City Engineer shall be deposited in the municipal office.
### 321. Provision of new places for disposal of the dead. - (1) If the existing places for the disposal of the dead shall at any time appear to be insufficient, or if any place is closed under the provisions of section 323, the Commissioner shall, with the sanction of the Corporation, provide other fit and convenient places for the said purpose, cither within or without the City, and shall cause the same to be registered in the register kept under section 320, and shall deposit in the municipal office, at the time of registration of each place so provided, a plan thereof showing the locality, extent and boundaries of the same and bearing the signature of the City Engineer.
(2) All the provisions of this Act and the rules and bye-laws shall apply to any place provided under sub-section (1) without the City and vesting in the Corporation as if such place were situate within the City.
### 322. New places for disposal of the dead not to be opened without permission of Commissioner. - No place which has never previously been lawfully used as a place for the disposal of the dead and registered as such shall be opened by any person for the said purpose without the written permission of the Commissioner who, with the approval of the Corporation, may grant or withhold such permission.
### 323. [State] Government may direct closing of any place for disposal of dead. - (1) If, from information furnished by competent persons and after personal inspection, the Commissioner shall at any time be of opinion,-
(a) that any place of public worship is or is likely to become injurious to health by reason of the state of the vaults or graves within the walls of or underneath the same, or in any church-yard or burial ground adjacent thereto, or
(b) that any other place used for the disposal of the dead is in such a state as to be or to be likely to become injurious to health or is otherwise no longer suitable for such use, he may submit his said opinion, with the reasons therefor, to the Corporation, which shall forward the same, with its opinion, for the consideration of the [State] Government.
(2) Upon receipt of such opinion, the [State] Government, after such further inquiry, if any, as it shall deem fit to cause to be made, may, by notification published in the Official Gazette and in the local newspapers, direct that such place of public worship or other place for the disposal of the dead be no longer used for the disposal of the dead. Every order so made shall be noted in the register kept under section 320.
(3) On the expiration of two months from the date of any such order of the [State] Government, the place to which the same relates shall be closed for the disposal of the dead.
(4) A copy of the said notification, with a translation thereof in such language or languages as the Corporation may from time to time specify, shall be affixed on a conspicuous spot on or near the place to which the same relates, unless such place be a place of public worship.
### 324. [State] Government may sanction re-opening of places which have been closed for disposal of dead. - (1) If, after personal inspection, the Commissioner shall at any time be of opinion that any place formerly used for the disposal of the dead, which has been closed under the provisions of section 323 or under any other law or authority, has by lapse of time become no longer injurious to health, and may without inconvenience or risk of danger be again used for the said purpose, he may submit his said opinion, with the reasons therefor, to the Corporation, which shall forward the same with its opinion for the consideration of the [State] Government.
(2) Upon receipt of such opinion, the [State] Government after such further inquiry if any, as it shall deem fit to cause to be made, may, by notification published as provided in section 323, direct that such place be reopened for the disposal of the dead Every order so made shall be noted in the register kept under section 320.
### 325. Burials within places of worship and exhumations not to be made without permission of Commissioner. - (1) No person shall, without the written permission of the Commissioner under sub-section (2),-
(a) make any vault or grave or interment within any wall, or underneath any passage, porch, portico, plinth or verandah of any place of worship;
(b) make any interment or otherwise dispose of any corpse in any place which is closed for the disposal of the dead under section 323;
(c) build, dig or cause to be built or dug any grave, or vault, or in any way dispose of, suffer or permit to be disposed of, any corpse at any place which is not registered in the register kept under section 320;
(d) exhume any body, except under the provisions of section 176 of the Code of Criminal Procedure 1898 (V of 1898), or of any other law for the time being in force, from any place for the disposal of the dead.
(2) The Commissioner may in special cases grant permission for any of the purposes aforesaid, subject to such general or special orders as the [State] Government may from time to time make in this behalf.
### 326. Acts prohibited in connection with disposal of dead. - No person shall-
(a) retain a corpse on any premises, without burning, burying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance;
(b) carry a corpse or part of a corpse along any street without having and keeping the same decently covered or without taking such precautions to prevent risk of infection or injury to the public health as the Commissioner may, by public notice, from time to time think fit to require;
(c) except when no other route is available carry a corpse or part of a corpse along any street along which the carrying of corpses is prohibited by a public notice issued by the Commissioner in this behalf;
(d) remove a corpse or part of a corpse, which has been kept or used for purposes of dissection, otherwise than in a closed receptacle or vehicle;
(e) whilst conveying a corpse or part of a corpse, place or leave the same on or near any street without urgent necessity;
(f) bury or cause to be buried any corpse or part of a corpse in a grave or vault or otherwise in such manner as that the surface of the coffin, or, when no coffin is used, of the corpse or part of a corpse shall be at a less depth than six feet from the surface of the ground;
(g) build or dig, or cause to be built or dug, any grave of vault in any burial ground at a less distance than two feet from the margin of any other grave or vault;
(h) build or dig, or cause to be built or dug, a grave or vault in any burial ground in any line not marked out for this purpose by or under the order of the Commissioner;
(i) without the written permission of the Commissioner, re-open for the interment of a corpse or of any part of a corpse, a grave or vault already occupied;
(j) after bringing or causing to be brought to a burning ground any corpse or part of a corpse, fail to burn or cause the same to be burnt within six hours from the time of the arrival thereof at such ground;
(k) when burning or causing to be burnt any corpse, or part of a corpse, permit the same or any portion thereof to remain without being completely reduced to ashes or permit any cloth or other article used for the conveyance or burning of such corpse or part of a corpse to be removed or to remain on or near the place of burning without its being completely reduced to ashes.
Chapter XIX
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Markets and Slaughter Houses Maintenance and Regulation of Markets and Slaughter-Houses
### 327. What to be deemed municipal markets and slaughter-houses. - All markets and slaughter-houses which belong to or are maintained by the Corporation shall be called "municipal markets" or "municipal slaughter-houses". All other markets and slaughter-houses shall be deemed to be private.
### 328. Provisions of new municipal markets and slaughter-houses. - (1) The Commissioner, when authorised by the Corporation in this behalf, may construct, purchase, take on lease or otherwise acquire any building or land for the purpose of establishing a municipal market or a municipal slaughter-house or stock-yard or of extending or improving any existing municipal market or slaughter-house, and may from time to time build and maintain such municipal markets, slaughter-houses and stockyards and such stalls, shops, sheds, pens and other buildings or conveniences for the use of the persons carrying on trade or business in, or frequenting, such municipal markets, slaughter-houses or stock-yards, and provide and maintain in such municipal markets such buildings, places, machines, weights, scales and measures for weighing and measuring goods sold therein as he shall think fit.
(2) Municipal slaughter-houses and stock-yards may be situated within or, with the sanction of the [State] Government, without the City.
### 329. Municipal markets, slaughter-houses and stock-yards may be closed. - The Commissioner may, with the sanction of the Corporation, at any time, close any municipal market or slaughter-house or stock-yard or any portion thereof and the premises occupied for any market or slaughter-house or stock-yard or any portion thereof so closed may be disposed of as the property of the Corporation.
### 330. Prohibition of sale of commodities sold in municipal markets. - It shall be lawful for the Commissioner, with the previous sanction of the Corporation, by public notice from time to time to prohibit within a distance of fifty yards of any municipal market the sale or exposure for sale of the commodities or of any of the commodities specified in the notice ordinarily sold in the said municipal market.
(2) Any notice issued under sub-section (1) may with like sanction at any time, be cancelled or modified by the Commissioner.
### 331. Opening or private markets and of private slaughter houses. - (1) The Corporation shall, from time to time, determine whether the establishment of new private markets or the establishment or maintenance of private slaughter-houses shall be permitted in the City or in any specified portion of the City.
(2) No person shall establish a private market for the sale of, or for the purpose of exposing for sale, animals intended for human food or any article of human food or livestock or articles of food or live-stock or shall establish or maintain a private slaughterhouse except with the sanction of the Commissioner who shall be guided in giving such sanction by the decisions of the Corporation at the time in force under sub-section (1).
(3) When the establishment of a private market or a slaughter-house has been so sanctioned, the Commissioner shall cause a notice of such sanction to be affixed in such language or languages as the Corporation may from time to time specify on some conspicuous spot on or near the building or place where such market is to be held.
Explanation. - For the purpose of sub-section (2) , the owner or occupier of a place in which a private market or slaughter-house is established shall be deemed to have established such market.
### 332. Levy of stallages, rents and fees in municipal markets, slaughter-houses and stock-yards. - The Commissioner may-
(a) charge for the occupation or use of any stall, shop, standing shed or pen or other building in a municipal market, slaughter-house or stock-yard and for the right to expose goods for sale in a municipal market, and for weighting and measuring goods sold in any such market and for the right to slaughter animals in any municipal slaughter-house, such stallages, rents and fees as shall from time to time be fixed by him, with the approval of the Standing Committee, in this behalf;
(b) with the approval of the Standing Committee, farm the stallages, rents and fees leviable as aforesaid or any portion thereof, for any period not exceeding one year at a time; or
(c) put up to public auction or, with the approval of the Standing Committee, dispose of, by private sale, the privilege of occupying or using any stall, shop, standing shed or pen or other building in a municipal market, slaughter-house or stock-yard for such term and on such conditions as he shall think fit.
### 333. Removal of live-cattle, sheep, goats or swine from any municipal slaughter-house, stock-yard, market or premises. - (1) No person shall, without the written permission of the Commissioner and without the payment of such fees as may be prescribed by him, remove any live-cattle, sheep, goats or swine from any municipal slaughter-house or stock-yard or from any municipal market or premises used or intended to be used for or in connection with such slaughter-house or stock-yard:
Provided that such permission shall not be required for the removal of any animal which has not been sold within such slaughter-house, stock-yard, market or premises and which has not been within such slaughter-house, stock-yard, market or premises for a period longer than that prescribed under orders made by the Commissioner in this behalf, or which has in accordance, with any bye-law, been rejected as unfit for slaughter at such slaughter-house, market or premises.
(2) Any fee paid for permission under sub-section (1) in respect of any animal removed to a Panjrapole shall, subject, to the orders made by the Commissioner in this behalf, be refunded on the production of a certificate from the Panjrapole authorities that such animal has been received in their charge.
### 334. Power to expel persons contravening, rules, bye-laws or standing orders. - (1) The Commissioner may expel from any municipal market, slaughter-house or stock-yard any person, who or whose servant has been convicted of contravening any rule, bye-law or standing order in force in such market, slaughter-house or stock-yard and may prevent such person, by himself or his servants, from further carrying on any trade or business in such market, slaughter-house or stock-yard or occupying any stall, shop, standing shed pen or other place therein, and may determine any lease or tenure which such person may have in any such stall, shop, standing shed, pen or place.
(2) If the owner of any private market or slaughter-house licensed under this Act or the lessee of such market or slaughter-house or any stall therein or any agent or servant of such owner or lessee has been convicted for contravention of any rule, bye-law or standing order, the Commissioner may7 require such owner, lessee, agent or servant to remove himself from any such market or slaughter-house within such time as may be mentioned in the requisition and if he fails to comply with such requisition, he may, in addition to any penalty which may be imposed on him under this Act, be summarily removed from such premises.
(3) If it appears to the Commissioner that in any such case the owner or lessee is acting in collusion with a servant or agent convicted as aforesaid, who fails to comply with a requisition under sub-section (2), the Commissioner may, if he thinks fit, cancel the licence of such owner or lessee in respect of such premises.
### 335. Prohibition of import of cattle, etc., into City without permission. - (1) No person shall without the written permission of the Commissioner bring into the City any cattle, sheep, goats or swine intended for human consumption, or the flesh of any such animal which has been slaughtered at any slaughter-house or place not maintained or licensed under this Act.
(2) Any police officer may arrest without warrant any person brining into the City any animal or flesh in contravention of sub-section (1).
(3) Any animal brought into the City in contravention of this section may be seized by the Commissioner or by any municipal officer or servant or by any police officer or in or upon railway premises by any railway servant; and any animal or flesh so seized may be sold or otherwise disposed of as the Commissioner shall direct and the proceeds, if any, shall belong to the Corporation.
(4) Nothing in this section shall be deemed to apply to cured or preserved meat.
Inspection of Places of Sales, Etc.
### 336. Commissioner may enter any place where slaughter of animals or sale of flesh contrary to the provisions of this Act is suspected. - (1) If the Commissioner shall have reason to believe that any animal intended for human consumption has been or is being or is likely to be slaughtered, or that the flesh of any such animal is being sold or exposed for sale in any place or manner not duly authorised under the provisions of this Act, the Commissioner may at any time, by day or by night, without notice, enter such place for the purpose of satisfying himself as to whether any provision of this Act or of any bye-law is being contravened thereat and may seize any such animal or the carcass of such animal or such flesh found therein.
(2) The Commissioner may remove and sell by auction or otherwise dispose of any animal or the carcass of any animal or any flesh seized under sub-section (1).
(3) If, within one month of such seizure the owner of the animal, carcass or flesh, fails to appear and prove his claim to the satisfaction of the Commissioner or if such owner is convicted of an offence under this Act in respect of such animal or carcass or flesh, the proceeds of any sale under sub-section (1) shall vest in the Corporation.
(4) No claim shall lie against any person for compensation for any damage necessarily caused by any entry made under sub-section (1) or by the use of any force necessary for effecting such entry.
### 337. Commissioner to provide for inspection of articles exposed for sale for human food. - It shall be to the duty of the Commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, dairy produce and any other article exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or of preparation for sale and intended for human food or for medicine, the proof that the same was not exposed or hawked about or deposited or brought for any such purpose or was not intended for human food or for medicine resting with the party charged.
### 338. Unwholesome articles, etc., to be seized. - (1) The Commissioner may at all reasonable times inspect and examine any such animal or article as aforesaid and any utensil or vessel used for preparing, manufacturing or containing the same.
(2) If any such animal or article, appears to the Commissioner to be diseased or unsound or unwholesome or unfit, for human consumption, as the case may be, or is not what it is represented to be, or if any such utensil or vessel is of such kind or in such state as to render any article prepared, manufactured or contained therein unwholesome or unfit for human consumption, he may seize and carry away such animal, article, utensil or vessel, in order that the same may be dealt with as hereinafter provided and he may arrest and take to the nearest police station any person in charge of such animal or article.
### 339. Disposal of perishable articles seized under section 338. - if any meat, fish, vegetable or other article of a perishable nature be seized under section 338 and the same is, in the opinion of the Commissioner, diseased, unsound, unwholesome or unfit for human consumption, as the case may be, the Commissioner shall cause the same to be forthwith destroyed in such manner as to prevent its being again exposed for sale or used for human consumption and the expenses thereof shall be paid by the person in whose possession such article was at the time of its seizure.
### 340. Saving of Bombay Animal Preservation Act, 1948. - Nothing in this Chapter shall be deemed to affect in any manner the operation of the provisions of the Bombay Animal Preservation Act, 1948 (Bombay LXXXI of 1948.)
Chapter XX
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The Transport Undertaking the Operation of the Undertaking and the Construction and Maintenance of Works
### 341. Provisions of this Chapter when applicable. - The provisions of this Chapter shall apply in the event of Corporation acquiring or establishing a Transport Undertaking.
### 342. Management of Undertaking by Transport Manager. - (1) Subject to the superintendence of the Transport Committee and of the Corporation, the Transport Manager shall manage the Transport Undertaking and perform all acts necessary for the economical and efficient maintenance, operation, administration and development of the Undertaking.
(2) Without prejudice to the generality of the foregoing provision, the Transport Manager may, with the sanction of the Transport Committee and subject to the restrictions or conditions imposed by this Act, either within or without the City,-
(a) Construct or acquire Transport Undertakings, including mechanically propelled transport facilities for the conveyance of the public, subject to the provisions of the Motor Vehicles Act, 1939 (IV of 1939), or of any other enactment for the time being in force and the conditions of any licence, permit or sanction in favour of the Corporation granted thereunder;
(b) construct buildings and works of every description necessary or desirable for the operation or development of the transport Undertaking;
(c) purchase or take on lease or hire or otherwise acquire any moveable or immovable property or rights;
(d) exercise any of the powers of a licensee holding a stage permit under the Motor Vehicles Act, 1939 (IV of 1939), which the Corporation is for the time being authorised to exercise and any other powers exercisable by the Corporation under tire said Act in relation to the provision of mechanically propelled transport facilities for the conveyance of the public.
Fares and Charges
### 343. Levy of fares and charges for transport services. - (1) Fares and charges shall be leviable for the conveyance of passengers or for the carriage of goods by any means of transport provided by the Transport Undertaking at such rates as may from time to time be fixed, subject to the provisions of any enactment for the time being in force and any licence granted to the Corporation thereunder, by the Transport Committee with the approval of the Corporation.
[(2) if any person travelling or having travelled in any vehicle of the Transport Undertaking avoids or attempts to avoid payment of his fare, or any person having paid his fare for a certain distance proceeds in any such vehicle beyond that distance and does not pay the additional fare for the additional distance or attempts to avoid payment thereof, or any person refuses or neglects, on arrival at the point up to which he has paid his fare, to quit such vehicle, he shall be liable to pay, on demand by any officer or other servant of the Transport Undertaking duly authorised in this behalf by the Transport Manager, in addition to the ordinary single fare for the distance which he has travelled or where there is any doubt as to the stop from which he started , the ordinary single fare from the stop from which the vehicle originally started or in addition to any difference between any fare paid by him and the fare payable for the additional distance [such excess charge-
(a) not exceeding one hundred rupees as the Transport Manager, with the approval of the Transport Committee, may determine in this behalf, or
(b) equivalent to twenty times the ordinary single fare, whichever is less.]
(2A)
If a passenger liable to pay the excess charge determined under sub-section (2) fails or refuses to pay the same on demand being made therefor, he shall be liable without prejudice to his liability to pay the excess charge as so determined, to be punished for such offence with fine which may extend to fifty rupees.
(2B)
The Transport manager or any officer or other servant duly authorised under sub-section (2) may apply to the Magistrate having jurisdiction, for the recovery of the excess charge as determined under sub-section (2) as if it were a fine and the Magistrate, if satisfied that the same is payable, shall order it to be so recovered and on recovery to be paid to the Transport Manager.]
(3) It shall be lawful for every municipal servant appointed under the provisions of this Chapter and all persons called in by him for his assistance, to arrest and take to the nearest police station any person who shall be discovered either in or after committing or attempting to commit an offence [under sub-section (2A)] and whose name and address is not known and is refused by him, and the police officer-in-charge of the said police station shall adopt such legal measures as may be necessary to cause the said person to be taken before a Judicial Magistrate with the least possible delay.
Acquisition And Disposal of Property
### 344. Acquisition of immovable property. - (1) Whenever it is necessary or expedient for the purposes of The Transport Undertaking that the Transport Manager shall acquire any immovable property, such property may be acquired by the Transport Manager on behalf of the Corporation by agreement on such terms and at such rates or prices or at rates or prices not exceeding such maxima as shall be approved by the Transport Committee either generally for any class of cases or specially in any particular case.
(2) Whenever the Transport Manager is unable to acquire any immovable property under sub-section (1) by agreement, the [State] Government may, in its discretion, upon the application of the Transport Manager made with the approval of the Transport Committee and, subject to the other provisions of this Act, order proceedings to be taken for acquiring the same on behalf of the Corporation as if such property were land needed for a public purpose within the meaning of the; Land Acquisition Act, 1894 (1 of 1894).
(3) The amount of compensation awarded and all other charges incurred in the acquisition of any such property shall, subject to the other provisions of this Act, be forthwith paid by the Transport Manager and thereupon the said property shall vest in the Corporation for he purposes of the Transport Undertaking.
### 345. Provisions governing disposal of municipal property. - With respect to the disposal of property vesting in the Corporation exclusively for the purposes of the Transport Undertaking the following provisions shall have effect, namely:-
(a) the Transport Manager may dispose of by sale, hire or otherwise, any movable property belonging to the Corporation not exceeding in value, in each instance, two thousand rupees or such higher amount as the Corporation may from time to time, with the approval of the [State] Government, determine;
(b) the Transport Manager may grant a lease of any immovable property belonging to the Corporation for any period not exceeding twelve months at a time:
Provided that every lease granted by the Transport Manager (other than a contract for a monthly tenancy) the annual rent whereof at a rack-rent exceeds three thousand rupees shall be reported by him, within fifteen days after the same has been granted, to the Transport Committee;
(c) with the sanction of the Transport Committee, the Transport Manager may dispose of, by sale or otherwise, any movable property belonging to the Corporation of which the value does not exceed ten thousand rupees, and may grant a lease of any immovable property belonging to the Corporation for any period exceeding one year, or sell or grant a lease in perpetuity of any immovable property belonging to the Corporation the value whereof does not exceed fifty thousand rupees or the annual rental whereof does not exceed three thousand rupees;
(d) with the sanction of the Corporation, the Transport Manager may lease, sell or otherwise convey any property, movable or immovable, belonging to the Corporation.
Officers and Servants
### 346. Statement of permanent officers and servants to be prepared by Transport Manager and sanctioned by Transport Committee. - (1) The Transport Manager shall, from time to time, prepare and bring before the Transport Committee a statement setting forth the designations and grades of the officers and servants who should, in his opinion, be permanently maintained for the purpose of the Transport Undertaking, and the amount and nature of the salaries, fees and allowances which he proposes should be paid to each.
(2) The Transport Committee shall sanction such statement either as it stands or subject to such modifications as it deems expedient:
Provided that-
[(a) no new permanent office of which the minimum monthly salary exclusive of allowances exceeds such amount as may be fixed by the State Government by a general or special order from time to time in the case of each Corporation shall be created without the sanction of the Corporation and no new office of which the minimum or the maximum monthly salary exclusive of allowances exceeds such amount as may be fixed in this behalf by the State Government by a general or special order from time to time in the case of each Corporation shall be created except with the previous sanction of the State Government;]
(b) the Corporation may by resolution direct that the scales of pay of any specified classes or grades of officers or servants shall not be varied without the approval of the Corporation and, so long as such resolution is in force, the Transport Committee shall not authorise any variation in such scales without such approval.
[Explanation. - An increase in the salary of any permanent office shall be deemed, for the purpose of sub-section (2) , to be the creation of a new office if, by reason of such increase, the minimum or, as the case may be, the maximum monthly salary, exclusive of allowances, exceeds the minimum or, as the case may be, the maximum amount fixed by the State Government for the purpose of the said sub-section (2).]
### 347. Restriction on appointment of permanent officers and servants. - No permanent officer or servant shall be entertained in any department of the Transport Undertaking unless his office and emoluments are included in the statement at the time being in force prepared and sanctioned under section 346.
### 348. Creation of temporary posts. - (1) The Transport Manager may create temporary posts carrying a monthly salary, exclusive of allowances, not [exceeding such amount as may be fixed by the State Government in this behalf, by a general of special order, from time to time in the case of each Corporation] for a period of not more than six months and no posts shall be continued beyond such period without the previous sanction of the Transport Committee.
(2) The Transport Committee may create temporary posts carrying a monthly salary, exclusive of allowances, [exceeding such amount as may be fixed by the State Government in this behalf, by a general of special order, from time to time in the case of each Corporation] for a period of not more than six months. The Committee shall forthwith report to the Corporation the creation of every such post and no such post shall be continued beyond such period of six months without the previous sanction of the Corporation.
### 349. Power of appointment in whom to vest. - Subject to the provisions of section 347 and 348, the power of appointing municipal officers and servants for the purposes of the Transport Undertaking shall vest in the Transport Manager if the minimum monthly salary, exclusive of allowances, [does not exceed such amount as may be fixed by the State Government in this behalf, by a general or special order, from time to time in the case of each Corporation] and in the Transport Committee in all other cases.
### 350. Leave of absence. - (1) Subject to the provisions of the regulations, the Transport Manager may grant leave of absence to any officer or servant the power to appoint whom vests in him and for a period not exceeding three months to any other officer or servant appointed under the provisions of this Chapter.
(2) The Transport Committee may grant leave of absence for a period exceeding three months to any officer or servant appointed by the Committee.
Revenue and Expenditure the Transport Fund
### 351. Constitution of Transport Fund. - Except as provided in section 91 all moneys received by or on behalf of the Corporation in respect of the operations of the Transport Undertaking shall be credited to a fund which shall be called "the City of .... Transport Fund", and which shall, subject to the provisions herein contained, be held by the Corporation in trust for the purpose of the said undertaking.
### 352. Transport Manager to receive payments on account of Transport Fund and to lodge them in bank. - All moneys payable to the credit of the Transport Fund shall be received by the Transport Manager and shall be forthwith paid into the Imperial Bank of India, [or any other scheduled bank] [or an approved co-operative bank] to the credit of an account which shall be styled "the account of the City of .... Transport Fund":
Provided that the Transport Manager may, subject to any general or special directions issued by the Transport Committee, retain such balance in cash as may be necessary for the operations of the Transport Undertaking.
[Provided further that the amount of money to be paid into an approved co-operative bank shall not exceed such amount as maybe specified by the State Government generally or specially in respect of any approved co-operative bank.]
### 353. How Transport Fund shall he drawn against. - (1) No payment shall be made by the bank aforesaid out of the Transport Fund except on a cheque signed by two persons in the manner specified below, namely:-
(a) by the Commissioner or by the Transport Manager or in the absence of both, by a municipal officer whose name appears in a list of officers authorised to sign cheques approved by the Transport Committee;
(b) by a municipal officer whose name appears in the said list, other than an officer who may have signed the cheque under clause (a).
(2) Payment of any sum due by the Corporation out of the Transport Fund in excess of one hundred rupees or such higher amount as the, Transport Committee from time to time fixes generally or for any specified class of payments, shall be made by means of a cheque signed as aforesaid and not in any other way.
(3) Payments not covered by sub-section (2) may be made by the Transport Manager in cash, and cheques for sums not in excess of two thousand rupees each, signed as aforesaid, may be drawn from time to time to cover such payments.
### 354. Deposit of portion of Transport Fund may be made with bank or agency out of City when convenient. - Notwithstanding anything contained in sections 352 and 353, the Transport Manager may, with the previous approval of the Transport Committee, from time to time, remit to and deposit with a bank or other agency at any place beyond the City any portion of the Transport Fund, and any moneys payable to the credit of the Transport Fund or chargeable there-against, which can, in the opinion of the Transport Manager, be most conveniently paid into or out of the account of the Fund at any bank or agency may be so paid.
### 355. Only sums covered by budget grant to be expended from Transport Fund. - (1) Except as hereinafter provided, no payment of any sum shall be made by the Transport manager out of the Transport Fund, unless the expenditure of the same is covered by a current budget-grant, and sufficient balance of such budget grant is still available, notwithstanding any reduction or transfer thereof which may have been made under the rules.
(2) The following items shall be excepted from the prohibition in sub-section (1) namely:-
(a) sums of which the expenditure has been sanctioned by the Transport Committee under section 102;
(b) repayments of moneys belonging to contractors or other persons held in deposit and of moneys collected or credited to the Transport Fund by mistake;
(c) sums which the Transport Manager is under the provisions of this Act or any other enactment required or empowered to pay by way of compensation;
(d) costs incurred by the Transport Manager under section 67;
(e) any sum required to make good to the Municipal Fund any payment made by the Commissioner out of the Municipal Fund under the provisions of section 86 for the purpose of the Transport Undertaking.
### 356. Procedure when money not covered by budget grant is expended under clause (c) , (d) or (e) of sub-section (2) of section 355. - Whenever any sum is expended by the Transport Manager under clause (c), (d) or (e) of sub-section (2) of section 355, he shall forthwith communicate the circumstances to the Transport Committee who shall take such action under the rules or recommend to the Corporation to take such action as shall, in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.
### 357. Purposes for which Transport Fund is to be applied. - The moneys from time to time credited to the Transport Fund shall be applied in payment of all sums, charges and costs necessary for the purposes of acquiring, maintaining, operating and improving the Transport Undertaking and of carrying into effect the provisions of this Chapter, or of which the payment shall be duly directed or sanctioned by or under any of the provisions of this Act, inclusive of:-
(a) the repayment to the Municipal Fund of any amount disbursed therefrom for the purposes of the Transport Undertaking, including the cost of, or reasonable charges for, all supplies provided and services rendered for any such purposes by the Commissioner at the charge of the Municipal Fund;
(b) the payment to the Municipal Fund of a sum of money equivalent to the sum which would have been payable under this Act on account of municipal taxes in respect of lands and buildings and other properties, moveable and immoveable, of the Transport Undertaking if the said lands, buildings and other properties had not vested in the Corporation;
(c) the payment of fees to the Chairman and members of the Transport Committee, and the salary and allowances of the Transport Manager;
(d) the payment of salaries and allowances of all municipal officers and servants appointed under the provisions of this Chapter and all contributions to provident funds, pensions, gratuities and compassionate allowances payable under the provisions of this Chapter or of the regulations or of any statement framed under this Act for the time being in force;
(e) the payment of all expenses and costs incurred by the Transport manager in the exercise of any power or the discharge of any duty conferred or imposed upon him for the purposes of, or in connection with, Transport Undertaking under the provisions of this Act or of any other enactment, including moneys which he is required or empowered to pay by way of compensation;
(f) the payment of every sum payable under a decree or order of a Civil or criminal court passed against the Corporation or against the Commissioner or the Transport Manager ex-officio in any proceeding arising out of the acquisition, maintenance or operation of the Transport Undertaking, or under a compromise effected under section 481 of any suit or other legal proceeding or claim arising out of such acquisition, maintenance or operation;
(g) every sum required by the provisions of section 359 or 360 to be transferred to the Municipal Fund;
(h) every sum chargeable under section 108.
### 358. Investment of surplus moneys. - (1) Surplus moneys at the credit of the Transport Fund which cannot immediately or at any early date be applied to the purposes of this Act or of any loan raised for the purposes of the Transport Undertaking may be, from time to time, deposited at interest in the Imperial Bank of India [or any other scheduled bank] [or an approved co-operative bank] [or be invested in public securities];
[Provided that the amount of money to be deposited in an [approved co-operative bank] shall not exceed such amount as may be specified by the State Government generally or specially in respect of any approved co-operative bank.]
(2) All such deposits and investments shall be made by the Transport Manager on behalf of the Corporation, with the sanction of the Transport Committee, and with the like sanction, the Transport Manager may at any time withdraw any deposit so made or dispose or any securities and re-deposit or re-invest the money so withdrawn or the proceeds of the disposal of such securities. .
(3) The loss, if any, arising from any such deposit or investment shall be debited to the Transport Fund.
Payments out of Surplus Balance
### 359. Fixed annual payment to Municipal Fund. - (1) Out of the balance of income over expenditure remaining at credit of the Revenue Account of the Transport Fund at the close of each official year, after defraying or making allowance for all charges, costs and expenses payable out of the revenue of the said Fund and allowing for the retention of the cash balance specified in, or for the time being fixed under section 98 to the credit of the said Fund, there shall be transferred to the credit of the Municipal Fund the amount provided in sub-section (2):
Provided that if the balance at credit of the said Revenue Account, after allowing for the matters aforesaid, is less than the amount provided in sub-section (2) , the whole of such balance shall be transferred to the Municipal Fund and any deficit shall be made good to the Municipal fund out of the Revenue Reserve Fund maintained under section 360 and if the deficit still remains, it shall be made good to the Municipal Fund out of the balance available at the credit of the Revenue Account of the next or any subsequent year after allowing for all the matters aforesaid and for the amount provided in sub-section (2) in respect of that year.
(2) The amount to be transferred to the Municipal Fund under sub-section (1) shall be in respect of each official year such sum as the Corporation, before the beginning of that year, may determine.
(3) The sum to be transferred under sub-section (1) shall be paid into bank with which the Municipal Fund is deposited to the credit of the said fund by means of a cheque drawn upon the Transport Fund not later than the thirtieth day of June immediately following the close of the year in which the balance out of which the transfer is due to be made accrues.
### 360. Disposal of surplus balance of revenue. - (1) If, after making allowance for the matter mentioned in section 359, there remains any further surplus balance of income, over expenditure at credit of the Revenue Account of the Transport Fund, such surplus shall be disposed of as follows:-
(a) 30 percent of the surplus shall be credited, under a separate heading in the accounts maintained under section 361 to a special fund to be called the "Revenue Reserve Fund" unless the balance in the said Revenue Reserve Fund, with such credit, would exceed such sum as the Corporation shall, with the sanction of the [State] Government fix, in which case only such sum, if any, as is required to bring the balance to the sum so fixed shall be so credited and the remainder of the surplus, upto 30 percent, thereof, shall be added in equal shares to the amounts credited or transferred under clauses (b), (c) and (d);
(b) 30 per cent of the surplus and such additional amount as may be available under clause (a) shall be credited under a separate heading, in the accounts maintained under section 361 to a special fund called "the Transport Betterment Fund";
(c) 25 per cent of the surplus and such additional amount as may be available under clause (a) shall be transferred to the Municipal Fund for credit to the Welfare Fund constituted under the rules; and
(d) 15 per cent of the surplus and such additional amount as may be available under clause (a) shall be transferred to the Municipal Fund.
(2) The Revenue Reserve Fund shall be applied to the following purposes:-
(i) in making good or in reduction of any deficit in the amount to be transferred in any year to the Municipal Fund under section 359; and
(ii) in meeting any charges to be defrayed out of the Transport Fund to the extent to which the balance available in the fund is insufficient for the purpose.
(3) The Transport Betterment Fund shall be applied to improvements in the services, amenities and facilities provided for the public by the Transport Undertaking.
(4) The amounts to be transferred to the Municipal Fund under clauses (c) and (d) of sub-section (1) shall be paid into any bank with which the Municipal Fund is deposited to the credit of the said Fund by means of cheques drawn upon the Transport Fund not later than the thirtieth day of June immediately following the close of the official year in which; the transfers are due to be made.
Accounts
### 361. Accounts of the Transport Undertaking. - Accounts of the receipts and expenditure of the Corporation on account of the Transport undertaking and of the properties vested or vesting in the Corporation for the purposes of the said Undertaking shall be kept in such manner and in such forms as the Transport Committee shall from time to time prescribe.
### 362. Preparation of annual administration report and statement of accounts. - (1) The Transport Manager shall, as soon as may be, after each first day of April, have prepared a detailed report of the administration of the Transport Undertaking during the previous official year, together with a statement showing the amount of the receipts and disbursements respectively credited and debited to the Transport Fund during the said year and the balance at the credit of the fund at the close of the said year as also an account of the balances due on loans and shall submit the same to the Transport Committee.
(2) After an examination and review of the report and statement by the Transport Committee, a copy of the report together with a copy of the Committee's review shall be forwarded to the usual or last known address of each councillor and copies thereof shall be delivered to any person requiring the same on payment of such reasonable fee for each copy as the Transport Manager, with the previous approval of the Transport Committee, shall determine.
Chapter XXI
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Vital Statistics Registration of Births and Deaths
### 363. Appointment of Registrars. - (1) The Medical Officer of Health shall be the Registrar General of the City for the purpose of registering births and deaths.
(2) The Commissioner may, in consultation with the Registrar General-
(a) divide the City into such and so many divisions as he may from time to time think fit;
(b) nominate for each such division a municipal officer to be the Registrar of births and deaths; and
(c) appoint for each Registrar a suitable station as his office within the division for which he is appointed.
### 364. Register books to be maintained. - (1) Such particulars as the Commissioner may from time to time specify regarding births and deaths shall be entered in separate register books of births and register books of deaths which shall be maintained by the Registrar General or, if the city has been divided into divisions, by the Registrar of each division.
(2) The Commissioner shall specify the forms of the Registers required to be maintained under sub-section (1) and the manner in which such registers shall be maintained.
### 365. Registrars to inform themselves of all births and deaths. - (1) It shall be the duty of the Registrar General of, if the City is divided into divisions under section 363, of the Registrar of each division to inform himself carefully of every birth and death which shall happen in the City or in his division, as the case may be, and of the particulars concerning the same required to be registered under section 364, and shall, as soon after each such birth or death as conveniently may be, register the same in the book maintained for the purpose without making any charge or demanding or receiving any fee or reward for so doing other than his remuneration as a municipal officer.
(2) Other municipal officers, besides the Registrar General and the Registrars may be appointed, with the duty of informing themselves of every birth or of every death or of every birth and every death in the division to which they are respectively appointed and of the particulars concerning the same required to be registered, and of submitting such information to the Registrar General or the Registrar of the said division, as the case may be or to such other person as the Commissioner directs.
### 366. Information of births to be given within seven days. - It shall be the duty of the father and mother of every child born in the City, and, in default of the father and mother, of the occupier of the premises in which to his knowledge the child is born, and of each person present at the birth and of the person having charge of the child, to give, to the best of his knowledge and belief, to the Registrar General or, if the City has been divided into divisions, to the Registrar of the division or to a municipal officer appointed under section 365 within seven days after such birth information of the particulars required to be registered concerning such birth:
Provided that-
(a) in the case of an illegitimate child, no person shall, as father of such child, be required to give information under this Act concerning the birth or such child, and the Registrar General or Registrar, as the case may be, shall not enter in the register the name of any person as father of such child, unless at the joint request of the mother and of the person acknowledging himself to be the father of such child, and such person shall in such case sign the register together with the mother;
(b) a person required to give information only in default of some other person shall not be bound to give such information if he believed and had reasonable grounds for believing that such information had been given;
(c) when a child is born in any hospital, the officer in charge thereof shall be bound to forward forthwith to the Registrar General or Registrar, as the case may be, a report of such birth in such form as the Registrar General may from time to time specify.
### 367. Information respecting finding of ne. - born child to be given.-In case any new-born child is found exposed, it shall be the duty of any person finding such child and of any person in whose charge such child may be placed to give, to the best of his knowledge and belief, to the Registrar General or Registrar or other municipal officer aforesaid, within seven days after the finding of such child, such information or the particulars requited to be registered concerning the birth of such child as the informant possesses.
### 368. Information of death to be given. - (1) It shall be the duty of the nearest relative of any person dying in the city present at the death, or in attendance during the last illness, of the deceased and, in default of such relative, of each person present at the death, and of the occupier of the premises in which, to his knowledge, the death took place, and in default of the person hereinbefore in this section mentioned, of each inmate of such premises to give to the best of his knowledge and belief to the Registrar General or, if the City has been divided into divisions under section 363, to the Registrar of the division in which the death took place or to an officer appointed under section 365 information of the particulars required to be registered concerning such death within twenty-four hours of its occurrence:
Provided that, if the cause of death is known to be a dangerous disease the information aforesaid shall be within twelve hours of its occurrence.
### 369. Medical practitioner who attended a deceased person to certify cause of his death. - In the case of a person who has been attended in his last illness by a duly qualified medical practitioner, that practitioner shall within three days of his becoming cognizant of the death of such person sign and forward to the Registrar General a certificate of the cause of such person's death, in such form as shall from time to time be prescribed by the Commissioner in this behalf, and the cause of death as stated in such certificate shall be entered in the register, together with the name of the certifying medical practitioner.
### 370. Correction of errors in registers of births or deaths. - (1) Any clerical error which may at any time be discovered in register of births or in a register of deaths may be corrected by any person authorised in that behalf by the Commissioner.
(2) An error of fact or substance in any such register may be corrected by any person authorised as aforesaid by entry in the margin, without any alteration of the original entry, upon production to the Commissioner, by the person requiring such error to be corrected, of a declaration on oath setting forth the nature of the error and the true facts of the case, made before a Magistrate by two persons required by this Act to give information concerning the birth or death with reference to which the error has been made or, in default of such persons, by two credible persons having knowledge of the case, and certified by such Magistrate to have made in his presence.
(3) Except as aforesaid no alteration shall be made in any such register.
### 371. Registration of name of child or of alteration of name. - (1) When the birth of any child has been registered and the name, if any, by which it was registered, is altered or, if it was registered without a name, when a name is given to it, the parent or guardian of such child or other person procuring such name to be altered or given may, within twelve months next after the registration of the birth, deliver to the Registrar General or, if the City is divided into divisions under section 363, to the Registrar of the division in which the birth was registered, such certificate as hereinafter mentioned, and the Registrar General or Registrar upon the receipt of that certificate shall, without any erasure of the original entry, forthwith enter in the register book the name mentioned in the certificate as having been given to the child.
(2) The certificate shall be in such form as the Commissioner may from time to time prescribe, and, in the case of a Christian shall be signed by the minister or person who performed the rite of baptism upon which the name was given or altered, or, if the child is not baptised or is not a Christian, shall be signed by the father, mother or guardian of the child or other person procuring the name of the child to be given or altered.
(3) Every minister or person who performs the rite of baptism shall deliver the certificate by this section on demand, on payment of fee not exceeding one rupee.
Chapter XXII
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Licences and Permits
I. Licensing of Surveyors, Architects or Engineers, Structural Designers, Clerks of Works and Plumbers
### 372. Grant of licenses to Architects or Engineers, Structural Designers, Plumbers and Clerks of Works. - (1) The Commissioner may grant to any person he thinks fit a renewable licence for a period of one year to act as (i) Surveyor, (ii) an Architect or Engineer, (iii) Structural Designer, (iv) Clerk of Works, or (v) a plumber for the purposes of this Act.
(2) No licence shall be granted under sub-section (1) unless the person has the qualifications or experience, or both, as may be prescribed by bye-laws.
(3) No application for a licence shall be refused if the applicant has the qualifications and experience prescribed by bye-laws except upon the ground that the applicant is unfit, through incompetency, misconduct or other grave reason, to hold such licence.
(4) If the Commissioner refuses any application for a licence under sub-section (3), he shall, at the request of the applicant, furnish such applicant with his reasons for such refusal in writing under his signature without charge.
### 373. Orders may be prescribed for guidance of surveyors, etc. - (1) The Commissioner may with the approval of the Standing Committee from time to time issue orders for the guidance of Licensed Surveyors, Architects or Engineers, Structural Designers, Clerks of works and Plumbers respectively.
(2) Copies of all orders so prescribed for the time being in force shall be kept on sale at the municipal head office at such price as the Commissioner may fix and a copy thereof shall be kept available for inspection at all reasonable times at such office.
### 374. Fees and charges of licensed plumbers to be prescribed by Standing Committee. - The Standing Committee may from time to time prescribe the fees or charges to be paid to licensed plumbers for any work done by them under or for any purpose of this Act, and no licensed plumber shall demand or receive more than the fee or charge so prescribed for any such work.
### 375. Licensed plumber to be bound to execute work property. - No licensed plumber shall execute any work under this Act carelessly or negligently or make use of any bad material, appliance or fitting for the purpose of such work.
II. Trade Licences and other Licences for Keeping Animals and Certain Articles
### 376. Certain things not to be kept, and certain trades and operations not to be carried on, without licence. - (1) Except under and in conformity with the terms and conditions of licence granted by the Commissioner, no person shall-
(a) keep in or upon any premises any article specified in the rules-
(i) in any quantity or in excess of the quantity specified in the rules as the maximum quantity of such article which may at one-time be kept in or upon the same premises without a license, and
(ii) for any purpose whatever or for sale or for other than domestic use as may be specified in the case of each article in the rules;
(b) keep in or upon any building intended for or used as a dwelling or within fifteen feet of such building, cotton in pressed bales or boras or loose, in quantity exceeding four hundred-weight;
(c) keep, or allow to be kept, in or upon any premises, houses, cattle or other four-footed animals-
(i) for sale,
(ii) for letting out on hire,
(iii) for any purpose for which any charge is made or any remuneration is received, or
(iv) for sale of any produce thereof;
(d) carry on, or allow to be carried on, in or upon any premises-
(i) any of the trades or operations connected with any trade specified in the rules,
(ii) any trade or operation which in the opinion of the Commissioner is dangerous to life or health or property, or likely to create a nuisance either from its nature, or by reason of the manner in which, or the conditions under which, the same is, or is proposed to be, carried on;
(e) carry on within the City, or use any premises for, the trade or operation of a farrier.
(2) A person shall be deemed to have known that a trade or operation is, in the opinion of the Commissioner, dangerous or likely to create a nuisance within the meaning of paragraph (ii) of clause (d) of sub-section (1), after written notice to that effect, signed by the Commissioner, has been served on such person or affixed to the premises to which it relates.
(3) A person shall be deemed to carry on or to allow to be carried on a trade or operation within the meaning of clause (d) of sub-section (1) if he docs any act in furtherance of such trade or is in any way engaged or concerned therein whether as principal, agent, clerk, master, servant, workman, handicraftsman or otherwise.
(4) When any premises are used in the manner described in clause (c) or (d) of subsection (1) it shall be presumed until the contrary is proved, that the owner or occupier of such premises, or both the owner and occupier have permitted such case.
(5) It shall be in the discretion of the Commissioner-
(a) to grant any licence referred to in sub-section (1) subject to such restriction or conditions (if any) as he shall think fit to prescribe, or
(b) to withhold any such licence.
(6) Every person to whom a licence is, granted by the Commissioner under sub-section (3) shall keep such licence in or upon the premises, if any, to which it relates.
(7) The Commissioner may at any time by day or night enter or inspect any premises for the use of which a licence has been granted under this section
(8) Nothing in this section shall be deemed to apply to mills for spinning or weaving cotton, jute, wool or silk, or to any other large mill or factory which the Commissioner may from time to time with the approval of the Standing Committee specially exempt from the operation thereof.
[376A. Power to stop use of premises where such use is dangerous or causes nuisance. - Wherever the Commissioner is of opinion that the use of any premises for any of the purposes specified in sub-section (1) of section 376 is dangerous to life, health or property or is causing a nuisance either from its nature or by reason of the manner in which or the conditions under which the use is made and such danger or nuisance should be immediately stopped, the Commissioner may, notwithstanding anything contained in section 376, require the owner or occupier of the premises to stop such danger or nuisance within such time specified in such requisition as the Commissioner considers reasonable, and in the event of the failure of the owner or occupier to comply with such requisition, the Commissioner may himself or by an officer subordinate to him cause such use to be stopped.]
II Licences for Sale in Municipal Markets
### 377. Prohibition of sale in municipal markets without licence of Commissioner. - (1) No person shall, without a licence from the Commissioner, sell or expose for sale any animal or article in any municipal market.
(2) Any person contravening this section may be summarily removed by the Commissioner or by any municipal officer or servant.
IV. Licences for Private Markets.
### 378. Private markets not to be kept open without licence. - (1) No person shall without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf-
(a) keep open, or permit to be kept open, a private market;
(b) use or permit to be used any place in the City as a slaughter-house or for the slaughtering of any animal intended for human food;
(c) use or permit to be used any place without the City, whether as a slaughter house or otherwise, for the slaughtering of any animal intended for human food to be consumed in the City;
Provided that-
(i) the Commissioner shall not refuse a licence for keeping open a private market lawfully established at the appointed day if application for such licence is made within two months thereof except on the ground that the place where the market is held fails to comply with any requirement of this Act or of the rules, bye-laws or standing orders;
(ii) the Commissioner shall not cancel or suspend or refuse to renew any licence for keeping open a private market for any cause other than the failure of the owner thereof to comply with some provision of this Act, or with some standing order or with some bye-law;
(iii) The Commissioner may cancel or suspend any licence for failure of the owner of a private market to give in accordance with the conditions of his licence a written receipt for any stallage, rent, fee, or other payment received by him or his agent from any person for the occupation or use of any stall, shop, standing shed, pen or other place therein;
(iv) nothing in this section shall be deemed to prevent the Commissioner from granting written permission for the slaughter of an animal in any place that he thinks fit, on the occasion of any festival or ceremony or under special circumstances.
(2) When the Commissioner has refused, cancelled or suspended any licence to keep open a private market, he shall cause a notice of his having so done to be affixed in such language or languages as the Corporation may from time to time specify on some conspicuous spot on or near the building or place where such market has been held.
### 379. Prohibition of sale in unauthorised private markets. - No person who knows that any private market has been established without the sanction of the Commissioner, or is kept open after a licence for keeping the same open has been refused, cancelled or suspended by the Commissioner, shall sell or expose for sale therein any animal or articles of human food or any live-stock or food for live-stock.
### 380. Slaughter of animals for skins. - No person shall slaughter any cattle, horses, sheep, goats or pigs for removing the skin thereof or cut up the carcass of any such animal at any place outside a municipal slaughter-house or a licensed slaughter-house otherwise than in conformity with the written permission of the commissioner.
V. Licences for Sale of Articles of Food outside of Markets
### 381. Prohibition of sale of animals, etc., except in market. - No person shall, without a licence from the Commissioner, sell or expose for sale-
(a) any four-footed animal or any meat or fish intended for human food, in any place other than a municipal or private market;
(b) ices and aerated waters, kulfi, sugar-cane juice, [cut or peeled fruit,] and vegetables, any confectionery or sweetmeats whatsoever or such other cooked food or other articles intended for human consumption as may from time to time by public notice be specified by the Commissioner, in any place other than a municipal or private market or licensed eating house or sweetmeat shop.
VI. Licensing of Butchers, Etc.
### 382. Butchers and persons who sell flesh of animals to be licensed. No person shall without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf. -
(a) carry or within the City or at any municipal slaughter-house, the trade of a butcher;
(b) use any place in the City for sale of the flesh of any animal intended for human consumption or any place without the City for the sale of such flesh for consumption in the City.
VII. Licences for Dairy Products
### 383. Licence required for dealing in dairy produce. - No person shall without, or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf-
(a) carry on within the City the trade or business of a dairyman;
(b) use any place in the City as a dairy or for the sale of any dairy produce.
VIII. Licences for Hawking, Etc.
### 384. Licences for sale in public places. - Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall use any public place or any public street for the purpose of hawking or exposing for sale, any article whatsoever, whether it be for human consumption or not.
### 385. Licences for use of skill in handicraft or rendering services for purposes of gain in public place or street. - Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall, for purposes of gain, use any public place or public street for the purpose of using his skill in any handicraft or in rendering services to and for the convenience of the public.
IX. General Provisions Regarding Licences and Permits
### 386. General provisions regarding grant, suspension or revocation of licences and written permissions and levy of fees, etc. - (1) Whenever it is provided by or under this Act that a licence or a written permission may be given for any purpose, such licence or written permission shall specify the period for which, and the restrictions and conditions subject to which, the same is granted and the date by which an application for the renewal of the same shall be made and shall be given under the signature of the Commissioner or of a municipal officer empowered under section 69 to grant the same.
(2) Except as may otherwise be provided by or under this Act, for every such licence or written permission a fee may be charged at such rate as shall from Lime to time be fixed by the Commissioner, with the sanction of the Corporation.
(3) Subject to the provisions of the proviso to sub-section (1) of section 378, any licence or written permission granted under this Act may at any time be suspended or revoked by the commissioner, if he is satisfied that it has been secured by the holder through misrepresentation or fraud, or if any of its restrictions or conditions is infringed or evaded by the person to whom the same has been granted, or if the said person is convicted of an infringements of any of the provisions of this Act or of any rule, bye-law or standing order in any matter to which such licence or permission relates.
(4) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was granted shall, for all purposes of this Act, be deemed to be without a licence or written permission, until the Commissioner's order for suspending or revoking the licence or written permission is cancelled by him or until the licence or written permission is renewed, as the case may be:
Provided that, when an application has been made for the renewal of a licence or permission by the date specified therein, the applicant shall be entitled to act as if it has been renewed pending the receipt of orders.
(5) Every person to whom any such licence or written permission has been granted shall, at all reasonable times, while such written permission or licence remains in force, if so required by the Commissioner, produce such licence or written permission.
(6) Every application for a licence or written permission shall be addressed to the Commissioner.
(7) The acceptance by or on behalf of the Commissioner of the fee for a licence or permission shall not in itself entitle the person paying the fee to the licence or permission.
Chapter XXIII
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Power of [Entry, Inspection and Eviction]
### 387. Power of entry and inspection. - (1) The commissioner may enter into or upon any premises, with or without assistance or workmen, which he is empowered by or under the provisions of this Act or the rules to enter or inspect or in order to make any inspection, survey, measurement, valuation or inquiry or to Execute any work which is authorised by or under this Act or which it is necessary for any of the purposes, or in pursuance of any of the provisions, of this Act or of any rules, bye-laws, regulations or standing orders thereunder to make or execute.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Commissioner or any municipal officer or servant authorised by him in this behalf shall have power to enter and inspect any place or article in the following cases, namely:-
(a) any stable, garage, coach-house or any place where any vehicle, boat or animal liable to tax is kept-under section 145;
(b) any land whereon any municipal drain has been or is proposed to be constructed-under section 155;
(c) any land belonging to any person for the purpose of emptying his own drain into a municipal drain-under sections 159, 161, 167 and 168;
(d) any land whereon shafts, or pipes for ventilating drains are required to be fixed-under section 175;
(e) drains, ventilators, shafts, pipes, cesspools, latrines, urinals, bathing and washing places-under section 181;
(f) any land which provides access to any municipal water work-under section 191;
(g) any premises which are suspected to have been used for any trade or keeping any article in contravention of section 376;
(h) any premises for the use of which a licence is required and has been granted under the provisions of this Act;
(i) any building during its erection or any work during its execution;
(j) any premises which are provided by the Corporation for the residence of municipal officers and servants.
### 388. Time of making entry. - (1) No such entry shall be made within sunset and sunrise:
Provided that in any case in which it has been expressly provided by or under this Act such entry may be made by a day or night.
(2) Except as otherwise expressly provided by or under this Act, no building used as a human dwelling shall be entered unless with the consent of the occupier thereof without giving him at least six hours' notice in writing of the intended entry and, except when it is deemed inexpedient to mention the purpose thereof, of such purpose.
(3) When such premises may otherwise be entered without notice, sufficient notice shall be given in every instance to enable the inmates of any apartment appropriated to females to remove themselves.
(4) Due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered.
(5) No claim shall lie against any person for compensation for any damage, necessarily caused by an entry under sub-section (7) of section 376 or by use of any force necessary for effecting such entry.
[388A. Power of Commissioner to evict persons summarily in certain cases. - (1) Where the Commissioner is required by section 284A, 301 or 304 to cause building or part thereof to be vacated, he may take or cause to be taken such steps and use or cause to be used such force as may in the opinion of the Commissioner be reasonably necessary therefor.
(2) The Commissioner may, after giving 15 clear days notice to the persons evicted under sub-section (1), remove or cause to be removed or dispose of by public auction any property remaining in such building.
(3) Where property is sold under sub-section (2) the sale proceeds shall, after deducting the expenses of sale, be paid to such person or persons as may appear to the Commissioner to be entitled to the same.]
Chapter XXIV
--------------
Compensation
### 389. Doing minimum damage in certain cases. - (1) In the exercise of the powers under the following provisions of this Act by the Commissioner or any other municipal officer or servant or any other person authorised by or under this Act to execute any work, as little damage as can be shall be done and compensation assessed in the manner prescribed or under this Act shall be paid to any person who sustains damage in consequence of The exercise of such powers, namely:-
(a) carrying any municipal drain through, across or under any street or any place laid out as or intended for a street or across any cellar or vault under any street-under sub-section (1) of section 155;
(b) entering upon and constructing any new drain or repairing or altering any municipal drain already constructed-under sub-section (2) of section 155;
(c) affixing of pipes on shafts for the purpose of ventilation of any drain or cesspool to any building or tree-under sub-section (1) of section 175;
(d) opening of any ground, any portion of a drain, any portion of a building or any work exterior to a building-under section 182;
(e) entering upon, and passing through any land in the vicinity of a water work of conveying or causing to be conveyed men, materials and tools through such land-under section 191;
(f) acquiring any buildings or land required for a public street-under section 216;
(g) removing or altering a structure or fixture-under sub-section (4) of section 226, sub-section (3) of section 227 and section 232;
(h) the rounding or splaying of a building at the corner of two or more streets -under section 243;
(i) cutting into, laying open or pulling down any building or work-under section 261;
[(ii) the demolition or alteration of a hut or shed-under section 263 A;]
(i) the demolition of an obstructive building-under section 304;
(j) the destruction of an insanitary hut or shed-under section 317;
(k) the destruction of any property in exercise of the powers vested in the Commissioner for preventing a dangerous or infectious disease-under section 319;
(l) the exercise of powers or execution of any work in regard to which no express provision occurs in the Act, rules or bye-laws for the payment of compensation.
(2) If in the exercise of the powers under section 191 damage is caused by an act of an Officer of the [State] Government compensation shall be payable by the [State] Government.
### 390. Commissioner to determine compensation. - Subject to the provisions of this Act, the Commissioner or such other officer as may be authorised by him in this behalf shall, after holding such inquiry as he thinks fit, determine the amount of compensation to be paid under section 389.
### 391. Appeal. - Any person aggrieved by the decision of the Commissioner or other officer under section 390 may, within a period of one month, appeal to the judge in accordance with the provisions of Chapter XXVI.
Chapter XXV
-------------
Penalties
### 392. Certain offences punishable with fine. - (1) Whoever-
(a) contravenes any provision of any of the sections, sub-sections or clauses mentioned in the first column of Part I of the Table in Appendix II or of any regulation or order made thereunder, or
(b) fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, shall be punished, for each such offence, with fine which may extend to the amount mentioned in that behalf in the second column of the said Part.
(2) Whoever, after having been convicted of-
(a) contravening any provision of any of the sections, sub-sections or clauses mentioned in the first column of Part II of the table in Appendix II or of any regulation or order made thereunder, or
(b) failing to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, continues to contravenes the said provision or to neglect to comply with the said requisition or fails to remove or rectify any work or thing done in contravention of the said provision, as the case may be, or fails to vacate any premises shall be punished, for each day that he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the second column of the said Part .
### 393. Offence punishable under the Penal Code. - (1) Whoever contravenes any provision of any of the sections, sub-sections or clauses of this Act mentioned in the first column of the following table or of any regulation or order made thereunder, and whoever fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, shall be deemed to have committed an offence punishable under the section of the Indian Penal Code (XLV of 1860), respectively specified in the second column of the said table as the section of the said Code under which such person shall be punishable, namely:-
| | | |
| --- | --- | --- |
|
**Sections of this Act**
|
|
\*\*Sections of the Indian Penal Code under which
offenders are punishable\*\*
|
|
**(1) **
|
|
**(2) .**
|
|
194(2) , 311, clauses (a), (b), (c) and (d), 312
|
...
|
277
|
|
319 ...
|
...
|
...
|
188
|
|
477 ...
|
...
|
...
|
177
|
(2) Whoever being the owner or occupier of a building fails to comply with any notice in writing given by the Commissioner under any of the provisions of this Act not referred to in sub-section (1) calling for particulars or information in connection with the preparation of the list of voters at ward elections or the municipal election roll or who furnishes particulars or information which he knows to be false or incorrect shall be deemed to have committed an offence punishable under section 176 or section 177 of the Indian Penal Code (XLV of 1860), as the case may be.
(3) Any candidate who is elected councillor for more than one ward at contested ward elections and who fails to comply with a written notice lawfully given by the Commissioner requiring him to choose for which of the wards he shall serve shall be deemed to have committed an offence punishable under section 177 of the Indian Penal Code (XLV of 1860).
(4) Whoever fails to comply with a lawful requisition, notice or order of the Commissioner for information or a written return relative to the determination of the rateable value of any building or to the levy or assessment of any municipal tax or whoever furnishes information or makes a return which he knows to be false, incorrect or misleading shall be deemed to have committed an offence punishable under section 176 or section 177 of the Indian Penal Code (XLV of 1860), as the case may be.
### 394. Punishment for offences of preparing false election rolls. - Any officer or servant of the Corporation who knowingly prepares or makes an entry in the list of persons qualified to be enrolled as voters at ward elections which is incorrect or false shall, on conviction, be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
### 395. Punishment for acquiring share or interest in contract etc., with Corporation. - Any councillor or any member of the Transport Committee who is not a councillor who knowingly acquires, directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the Corporation, not being a share or interest such as, under section 10, it is permissible for a councillor to have without being thereby disqualified for being a councillor, and any Commissioner, Transport Manager, Municipal Officer or servant who knowingly acquires, directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the Corporation, not being a share or interest such as, under sub-clause (ii) or (iv) of sub-section (2) of section 10, it is permissible for a councillor to have without being thereby disqualified for being a councillor, shall be deemed to have committed the offence made punishable by section 168 of the Indian Penal Code (XLV of 1860).
### 396. Punishment for breach of section 61 or 62. - Whoever acts or abets the commission of an act which is in contravention of the provisions Of section 61 or 62 shall, on conviction, be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.
### 397. Punishment for offences against section 194. - (1) Whoever contravenes any provision of sub-section (1) of section 194 shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both.
(2) When any person is convicted under sub-section (1) the Magistrate who convicts him may order the immediate removal of any building, or the immediate discontinuance of the operation or use of land, in respect of which such conviction has been held.
(3) If any order made under sub-section (2) is disobeyed or the execution thereof resisted, the offender shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both.
### 398. Penalty for evasion of [
**\*] toll. - Where any vehicle, animal or goods imported into the limits of the city are liable to the payment of toll [**
\*] any person who, with the intention of defrauding the Corporation, causes or abets the introduction of or himself introduces or attempts to introduce within the limits of the City any such vehicle, animal or goods upon which payment of the toll [
**\*] due on such introduction has neither been made not tendered, shall, on conviction, be punished with fine which may extend to ten times the amount of such toll[**
\*] or to two hundred and fifty rupees, whichever may be greater.
### 399. General penalty. - Whoever contravenes any provision of this Act or rule, bye-law, regulation, standing order, licence, permission or notice issued thereunder or fails to comply with any requisition lawfully made under any such provision shall, if no penalty is provided in any other provision of this Act for such contravention or failure, be punished, for each such offence, with fine which may extend to one hundred rupees and with further fine which may extend to twenty rupees for every day on which such contravention or failure continues after the first conviction.
### 400. Extent of penal responsibility of agents and trustees of owners. - No person who receives the rent of any premises in any capacity described in paragraph (i) , (ii) or (iii) of sub-clause (a) of clause (45) of section 2 shall be liable to any penalty under this Act for omitting to do any act as the owner of such premises, if he shall prove that his default was caused by his not having funds of, or due to, the owner sufficient to defray the cost of doing the act required.
### 401. Offence by companies, etc. - Where a person committing an offence under this Act, or any rule, bye-law, regulation or standing order is a company, or body corporate, or an association of persons (whether incorporated or not), or firm, every director, manager, secretary, agent or other officer or person concerned with the management thereof, and every partner of the firm shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
### 402. Compensation payable by offenders against this Act for damage caused by them. - (1) If, on account of any act or omission, any person has been convicted of an offence against this Act or against any rule, regulation or bye-law, and by reason of such act or omission of the said person, damage has occurred to any property of the Corporation, compensation shall be paid by the said person for the said damage notwithstanding any punishment to which he may have been sentenced for the offence.
(2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the Magistrate before whom he was convicted of the said offence, and on non-payment of the amount of compensation so determined, the same shall be recovered under a warrant from the said magistrate as if it were a fine inflicted by him on the person liable therefor.
Chapter XXVI
--------------
Proceedings Before Judge, [Appellate Courts] and Magistrates
I. Election Inquiries
### 403. Procedure in election inquiries. - (1) If an application is made under section 16 for a declaration that any particular candidate shall be deemed to have been elected, the applicant shall make parties to his application all the candidates who were duly nominated for the seat or seats in the ward in question, whether or not the said candidates have been declared elected, and shall proceed against the candidate or candidates declared elected.
(2) The applicant shall, whenever so required by the Judge, deposit in the Court a sum of five hundred rupees in cash or Government Securities of equivalent value at the market rate of the day as security for any costs which the applicant may be ordered to pay to other parties to the said application.
(3) If, after making such inquiring as he deems necessary, the Judge finds that the election of a returned candidate has been procured or induced or the result of the election has been materially affected by any corrupt practice, or any corrupt practice has been committed in the interests of a returned candidate or the result of the election has been materially affected by the improper acceptance or rejection of any nomination or by reason of the fact that any person nominated was not qualified or was disqualified for election, or by the improper reception or refusal of a vote or by the reception of a vote which is void, or by any non-compliance with the provisions of this Act or any rules made thereunder relating to the election, or by any mistake in the use of any prescribed form, or the election has not been a free election by reason of the large number of cases in which bribery or undue influence has been exercised or committed, he shall declare the election of the returned candidate to be void and if he does not so find he shall confirm the election of the returned candidate.
(4) All applications received under section 16-
(a) in which the validity of the election of councillors elected to represent the same ward is in question shall be heard by the same Judge, and
(b) in which the validity of the election of the same councillor elected to represent the same ward is in question shall be heard together.
[(5) (a) In an enquiry under sub-section (3) into an application made under section 16 for a declaration that any particular candidate shall be deemed to have been elected, then the returned candidate or any other party thereto may give evidence to prove that the election of the person in whose favour such declaration is sought would have been void, if he had been declared elected and an application had been presented calling in question his election.
(b) if after holding such enquiry the Judge is of opinion-
(i) that the candidate in whose favour the declaration is sought has received a majority of the valid votes, or
(ii) that but for the votes obtained by the returned candidate by corrupt practices, such candidate would have obtained a majority of the valid votes.
the judge, in addition to declaring the election of the returned candidate to be void declare the candidate in whose favour the declaration is sought, to have been duly elected.]
(6) The Judge's order under this section shall be conclusive.
(7) Every election not called in question in accordance with the foregoing provisions shall be deemed to have been to all intents a good and valid election.
### 404. Disqualification for election as councillor for certain election offences. - (1) If the Judge Sets aside an election of a candidate on the ground that a corrupt practice has been committed in the interest of such candidate, he shall declare such candidate to be disqualified for the purpose of any fresh election which may be held under this Act.
(2) If in any proceedings under section 16 the Judge finds that a corrupt practice has been committed within the meaning of that section by any person he may, if he thinks fit, declare such person to be disqualified for being elected and for being a councillor for such term of years not exceeding seven as he may fix:
Provided that no such declaration shall be made unless such person has been given a reasonable opportunity to be heard:
Provided further that the [State] Government may by order in writing at any time relieve such person from such disqualification but, subject only to such order, the declaration by the judge shall be conclusive.
II. References to the Judge
### 405. References to the judge. - In the following cases a reference shall be made to the Judge:-
(1) whether a councillor has ceased to hold office under section 12;
(2) whether a person has ceased to be a member of the Transport Committee under section 26;
(3) whether the Commissioner may be directed to remove a shaft or pipe on the application of the owner of a building or hut under section 175;
(4) regarding the amount of the price for the land required for setting forward a building under section 216;
(5) regarding the amount or payment of expenses for any work executed or any measure taken or things done under the orders of the Commissioner or any municipal officer under section 439;
(6) regarding the amount or payment of expenses or compensation and the apportionment thereof falling under any of the provisions of this Act or any rule or bye-law thereunder not otherwise specifically provided for.
III. Appeals Against Valuation and Taxes
### 406. Appeals when and to whom to lie. - (1) Subject to the provisions hereinafter contained, appeals against any rateable value or tax fixed or charged under this Act shall be heard and determined by the Judge.
(2) No such appeal [shall been entertained] unless-
(a) it is brought within fifteen days after the accrual of the cause of complaint;
(b) in the case of an appeal against a rateable value a complaint has previously been made to the Commissioner as provided under this Act and such complaint has been disposed of;
(c) in the case of an appeal against any tax in respect of which provision exists under this Act for a complaint to be made to the Commissioner against the demand, such complaint has previously been made and disposed of;
(d) in the case of an appeal against any amendment made in the assessment book for property taxes during the official year, a complaint has been made by the person aggrieved within fifteen days after he first received notice of such amendment, and his complaint has been disposed of;
(e) in the case of an appeal against a tax, or in the case of an appeal made against a [rateable value the amount of the disputed tax claimed from the appellant or the amount of the tax chargeable on the basis of the disputed rateable value, up to the date of filing, the appeal has been deposited by the appellant with the Commissioner]:
[Provided that where in any particular case the judge is of the opinion that the deposit of the amount by the appellant will cause undue hardship to him, the judge may in his discretion, either unconditionally or subject to such conditions as he may think fit to impose, dispense with a part of the amount deposited so however that the part of the amount so dispensed with shall not exceed twenty five percent of the amount deposited or required to be deposited.]
### 407. Cause of complaint when to be deemed to have accrued. - For the purpose of section 406, cause of complaint shall be deemed to have accrued as follows, namely:-
(a) in the case of an, appeal against a rateable value, on the day when the complaint made to the Commissioner against such value is disposed of;
(b) in the case of an appeal against any tax referred to in clause (c) of sub-section (2) of the said section on the day when the complaint against the tax is disposed of by the/Commissioner;
(c) in the case of an appeal against any amendment made in the assessment book for property taxes during the official year, on the day when the complaint made to the Commissioner by the person aggrieved against such amendment is disposed of;
(d) in the case of an appeal against a tax not covered by clause (b) above on the day when payment thereof is demanded or when a bill therefore is served.
408. Arbitration. - (1) Where any person aggrieved by an order fixing or charging any rateable value or tax under this Act desires that any matter in difference between him and the other parties interested in such order should be referred to arbitration, then, if all such parties agree to do so, they may, at any time within fifteen days after the accrual of the cause of complaint, apply to the Judge for an order of reference on such matter and on such application being made the provisions of the Arbitration Act 1940 (X of 1940), relating to arbitration in suits shall, so far as they can be made applicable apply to such application and the proceedings to follow thereon, as if the said Judge were a Court within the meaning of that Act and the application were an application made in a suit.
[(2) An application for an order of reference to arbitration as aforesaid may also be made during the pendency of any appeal under section 406, at any time before a decision is given in such appeal and thereupon the provisions of sub-section (1) shall apply as if such application were an application under sub-section (1).]
### 409. Appointment of expert valuer. - (1) If any party to an appeal against a rateable value makes an application to the Judge either before the hearing of the appeal or at any time during the hearing of the appeal, but before evidence as to value has been adduced, to direct a valuation of any premises in relation to which the appeal is made, the Judge may, in his discretion, appoint a competent person to make the valuation and any person so appointed shall have power to enter on, survey and value the premises in respect of which the direction is given:
Provided that, except when the application is made by the Commissioner, no such direction shall be made by the Judge unless the application gives such security as the Judge thinks proper for the payment of the costs of valuation under this sub-section.
(2) The costs incurred for valuation under sub-section (1) shall be costs in the appeal, but shall be payable in the first instance by the applicant.
(3) The Judge may, and on the application of any party to the appeal shall, call as a witness the person appointed under sub-section (1) for making the valuation and, when he is so called, any party to the appeal shall be entitled to cross-examine him.
### 410. Reference to [Civil Appellate Court]. - If, before or on the hearing of an appeal relating to the rateable value or tax, any question of law or usage having the force of law, or the construction of a document arises, the Judge may and on the application of any party to the appeal shall, draw up a statement of the facts of the case and the question so arising, and refer the statement with his own opinion on the point for the decision of the [Civil Appellate Court].
### 411. Appeals to the [Civil Appellate Court]. - An appeal shall lie to the [Civil Appellate Court] -
[(aa) from a decision of the Judge in an appeal under section 391 against an assessment of compensation under clause (f) of sub-section (1) of section 389, and]
(a) from any decision of the Judge in an appeal under section 406 by which a rateable value in excess of two thousand rupees is fixed, and
[(bb) from any order of the Judge under the proviso to sub-section (2) of section 406; and],
(b) from any other decision of the said Judge in an appeal under the said section, upon a question of law or usage having the force of law or the construction of a document:
Provided that no such appeal shall be heard by the [Civil Appellate Court] unless it is filed within one month from the date of the decision of the Judge.
### 412. Costs of proceedings in appeal. - The costs of all proceedings in appeal under section 406 before the Judge including those or arbitration under section 408 and of valuation under section 409 shall be payable by such parties in such proportion as the Judge shall direct and the amount thereof shall, if necessary, be recoverable as if the same were due under a decree of a Court of Small Causes under [the relevant Small Cause Courts Act],
### 413. Unappealed values and taxes and decisions on appeal to be final. - (1) Every rateable value fixed under this Act against which no complaint is made as hereinbefore provided, and the amount of every sum claimed from any person under this Act on account of any tax, if no appeal therefrom is made as hereinbefore provided, and the decision of the Judge aforesaid upon any appeal against any such value or tax if no appeal is made therefrom under section 411 and if such appeal is made the decision of the [Civil Appellate Court] in such appeal shall be final.
(2) Effect shall be given by the Commissioner to every decision of the said Judge on any appeal against any value or tax.
IV. Appeals to the Judge and the [Civil Appellate Court]
### 414. Appeals to the Judge. - Appeals shall lie, to the Judge against the orders of the Commissioner in the following cases, namely:-
(1) an order declining to remove a shaft or pipe-under section 175;
(2) an order requiring a building to be set forward-under section 215;
(3) an order requiring the owner or occupier to repair, protect or enclose a place found to be dangerous-under section 247;
(4) an order directing the demolition of an insanitary building-under section 300;
(5) an order directing the demolition of an obstructive building-under section 303;
Provided that no such appeal shall lie unless it is filed within one month from the date of the order of the Commissioner.
### 415. Appeals against demolition orders. - (1) On an appeal being made against a demolition order made under section 300 or 303, the Judge may make such order either confirming or quashing or varying the order as he thinks fit, and he may, if he thinks fit, accept from an appellant any such undertaking as might have been accepted by the Commissioner, and any undertaking so accepted by the Judge shall have the like effect as if it had been given to and accepted by the Commissioner under section 300:
Provided that the Judge shall not accept from an appellant upon whom such a notice as is mentioned in sub-section (1) of section 300 was served an undertaking to carry out any work unless the appellant complied with the requirements of sub-section (2) of that section.
(2) An appeal shall lie to the [Civil Appellate Court] from a decision of the Judge on an appeal under this section, within one month of such decision, when the rateable value entered in the Commissioner's assessment book in accordance with the provisions of this Act, of the premises to which the demolition order appealed against wholly or partially relates, exceeds two thousand rupees.
(3) A decision passed by the Judge under this section, if an appeal does not lie therefrom under sub-section (2) or if no appeal is filed, and, if an appeal is filed, the decision of the [Civil Appellate Court] in appeal, shall be final.
(4) Any order against which an appeal might be brought under this section shall, if no such appeal is brought, become operative on the expiration of the period of twenty-one days mentioned in section 306, and shall be final and conclusive to any matters which could have been raised on such appeal, and any such order against which an appeal is brought shall, if and so far as it is confirmed by the Judge or the [Civil Appellate Court], become operative as from the date of the final determination of the appeal.
(5) For the purpose of this section, the withdrawal of an appeal shall be deemed to be the final determination thereof, having the like effect as a decision confirming the order appealed against and, subject as aforesaid, an appeal shall be deemed to be finally determined on the date when the decision of the [Civil Appellate Court] is given, or in a case where no appeal is brought to the [Civil Appellate Court], upon the expiration of the period within which such an appeal might have been brought, or in a case where no appeal lies to the [Civil Appellate Court], on the date when the decision of the Judge is given.
### 416. Appeals against decision of the Judge regarding payment of expenses for works executed. - (1) An appeal shall lie to the [Civil Appellate Court] from the decision of the Judge regarding the amount or payment of expenses for any work executed, when the amount of the claim in respect of which the decision is given exceeds two thousand rupees:
Provided that no such appeal shall be heard by the [Civil Appellate Court] unless it is filed within one month from the date of the decision of the Judge.
(2) The decision of the Judge regarding the amount or payment of expenses for any work executed, if no appeal is filed under this section, and, if an appeal is filed, the decision of the [Civil Appellate Court] in such appeal shall be final.
(3) When an appeal is filed under sub-section (1) in respect of a decision regarding the amount or payment of expenses for any work executed, the Commissioner shall defer proceedings for the recovery of the amount determined under the said section to be due pending the decision of the [Civil Appellate Court] and, after the decision, shall proceed to recover only such amount, if any, as shall be thereby determined to be due.
[416A. Fees in appeals before [Civil Appellate Court]. - The State Government may, from time to time, by notification in the Official Gazette, prescribed what fee, if any, shall be paid for an appeal to the Civil Appellate Court under sections 411, 415 or 416;
Provided that the [Civil Appellate Court] may, whenever it thinks fit, receive an appeal by or on behalf of a poor person, without payment or on a part payment of the prescribed fees:
Provided further that whenever an appeal made to the [Civil Appellate Court] is settled by agreement of the parties before the hearing, half the amount of the fees paid up shall be repaid by the [Civil Appellate Court] to the party by whom the same may have been paid.]
V. Proceedings Before Judge
### 417. Remedy of owner of building or land against occupier who prevents his complying with any provisions of this Act. - (1) If the owner of any building or land is prevented by the occupier thereof from complying with any provision of this Act or of any such rule, regulation or bye-law or with any requisition made under this Act or under any such rule, regulation or bye-law in respect of such building or land, the owner may, apply to the Judge.
(2) The Judge, on receipt of any such application, may make a written order requiring the occupier of the building or land to afford all reasonable facilities to the owner for complying with the said provision or requisition, or to vacate the premises temporarily if the said provision or requisition relates to any action under section 264, involving the safety or convenience of such occupier, and may also, if he thinks fit, direct that the cost of such application and order be paid by the occupier.
(3) After eight days form the date of such order, it shall be incumbent on the said occupier to afford all such reasonable facilities to the owner for the purpose aforesaid or to vacate the premises temporarily as shall be prescribed in the said order; and in the event of his continued refusal so to do, the owner shall be discharged, during the continuance of such refusal, from any liability which he would otherwise incur by reason of his failure to comply with the said provision or requisition.
(4) Nothing in this section shall affect the powers of the Commissioner under any provision of this Act to cause any premises to be vacated.
### 418. Power to summon witnesses and compel production of documents. - (1) l or the purposes of any inquiry or proceeding under this Act, the Judge may summon and enforce the attendance of witnesses and compel them to give evidence and compel the production of documents, by the same means and, as far as is possible, in the same manner as is provided in the case of a Court of Small Causes by or under [the relevant Small Cause Courts Act] and in all matters relating to any such inquiry or proceeding the Judge shall be guided generally by the provisions of the said Act so far as the same are applicable.
(2) If, in any such inquiry or proceeding, the person against whom the complaint or application had been made fails to appear, notwithstanding that he has been duly summoned for this purpose, the Judge may hear and determine the case in his absence.
(3) The costs of every such inquiry or proceeding as determined by the Judge, shall be payable by such parties and in such proportions as the Judge shall direct and the amount thereof shall, if necessary, be recoverable as if the same were due under a decree of a Court of Small Causes constituted under [the relevant Small Causes Courts Act];
Provided that, if such inquiry or proceeding relates to a dispute regarding expenses declared to be improvement expenses by or under any provision of this Act, the amount of the costs directed by the Judge to be paid by the owner or occupier of the premises on respect of which or for the benefit of which the improvement expenses were incurred shall be a charge on such premises and may also be recovered in the manner prescribed in section 442.
### 419. Fees in proceeding before the Judge. - (1) The [State] Government may, from time to time, by notification in the Official Gazette, prescribed what fee, if any, shall be paid,-
(a) on any application, appeal or reference made under this Act to the Judge, and
(b) previous to the issue, in any inquiry or proceeding of the Judge under this Act, of any summons or other process:
Provided that the fees, if any, prescribed under clause (a) shall not, in cases in which the value of the claim or subject-matter is capable of being estimated in money, exceed the fees for the time being levied, under the provisions of [the relevant Small Cause Courts Act], in cases in which the value of the claim or subject-matter is of like amount.
(2) The [State] Government may, from time to time by a like notification determine by what person any fee prescribed under clause (a) of sub-section (1) shall be payable.
(3) No application, appeal or reference shall be received by the Judge, until the fee, if any, prescribed therefor under clause (a) of sub-section (1) has been paid.
### 420. Exemption of poor persons from fees. - The Judge may, whenever he thinks fit, receive an application, appeal or reference made under this Act, by or on behalf of a poor person, and may issue process on behalf of any such person without payment or on a part payment of the fees prescribed under section 419.
### 421. Repayment of half fees on settlement before hearing. - Whenever any application, appeal or reference made to the Judge under this Act is settled by agreement of the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the Judge to the parties by whom the same have been respectively paid.
VI. Appointment of Magistrates
### 422. Appointment of a magistrate of the first Class. - (1) The [State] Government may with the consent of the Corporation create one or more posts of Magistrate of the First Class for the trial of offences against this Act, or against any rule, regulation or bye-law made thereunder and may appoint any person to such post and may also appoint such ministerial officers for the Court of any such Magistrate as it may think necessary;
Provided that notwithstanding the appointment of one or more Magistrates of the first Class under this section it shall be open to the District Magistrate subject to the rules for the time being in force under section 17 of the Code of Criminal Procedure, 1898 (V of 1898), regulating the distribution of business in the Courts of Magistrates of the First Class to make such distribution of the work of trial of such offences and of all other work before the Courts of the Magistrates (including any appointed under this section) as may appear to him most conducive to efficiency.
(2) Such Magistrate or Magistrates and their establishments shall be paid such salary, pension, leave allowances and other allowances as may, from time to time, be fixed by the [State] Government.
(3) The amounts of the salary and other allowances as fixed under sub-section (2), together with all other incidental charges shall be reimbursed to the [State] Government by the Corporation, who shall also pay to the [State] Government such contribution towards the pension, leave and other allowances of such Magistrate or Magistrates and their establishment as may from time to time be fixed by the [State] Government;
Provided that the [State] Government may, with the concurrence of the Corporation, direct that in lieu of the amounts payable under this section the Corporation shall pay to the [State] Government annually, on such date as may be fixed by the [State] Government in this behalf, such fixed sum as may be determined by the [State] Government in this behalf.
VII. References to Magistrates
### 423. References to Magistrates. - In the following matters references shall be made to a Magistrate of the First Class having jurisdiction within the limits of the city,-
(a) the abatement of overcrowding-under section 307;
(b) the detention of a person suffering from a dangerous disease in a public hospital under the rules.
### 424. Disposal of animals and articles of non-perishable nature seized under section 338. - (1) Any animal and any article not of a perishable nature and any utensil or vessel seized under section 338 shall be forthwith taken before a Magistrate of the First Class.
(2) If it shall appear to such Magistrate that any such animal or article is diseased, unsound or unwholesome or unfit for human consumption, as the case may be, or is not what it was represented to be or that such utensil or vessel is of such kind or in such state as to render any article prepared, manufactured or contained therein unwholesome or unfit for human consumption, he may, and, if it is diseased, unsound, unwholesome or unfit for human consumption, he shall cause the same to be destroyed, at the charge of the person in whose possession it was at the time of its seizure, in such manner as to prevent the same being again exposed or hawked about for sale or used for human consumption, or for the preparation or manufacture of, or for containing any such article as aforesaid.
### 425. Penalty for possessing food which appears to be diseased, unsound or unwholesome or unfit for human food. - In every case in which food, on being dealt with under section 424, appears to the Magistrate to be diseased, unsound or unwholesome or unfit for human consumption, the owner thereof or the person in whose possession it was found, not being merely bailee or carrier, thereof, shall, on conviction, if in such case the provisions of section 273 of the Indian Penal Code (XLV of 1860) do not apply, be punished with fine which may extend to five hundred rupees.
### 426. Application for summons to be refused if not applied for within a reasonable time. - In all prosecutions under section 425 the Magistrate shall refuse to issue a summons for the attendance of any person accused of an offence against such section, unless the summons is applied for within a reasonable time from the alleged date of the offence of which such person is accused.
VIII. Proceedings Before Magistrates And The [criminal Appellate Court]
### 427. Cognizance of offences. - (1) Offences for the contravention of sections 60, 61 and 325 shall be cognizable.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), all offences against this Act, or against any rule, regulation or bye-law whether committed within or without the City, shall be cognizable by a Magistrate of the First Class having jurisdiction in the City and no such Magistrate shall be deemed to be incapable of taking cognizance of any such offence or of any offence against any enactment hereby repealed, by reason only of his being liable to pay any municipal tax or of his being benefited by the Municipal Fund.
(3) Notwithstanding anything contained in section 200 of the said Code, it shall not be necessary in respect of any offence against this Act or any rule, regulation or bye-law made thereunder, to examine the complainant when the complaint is presented in writing.
### 428. Limitation of time within which complaints of offences punishable under this Act shall be entertained. - No Magistrate shall take cognizance of any offence punishable under this Act, or any rule, regulation or bye-law, unless complaint of such offence is made before him,-
(a) within six months next after the date of the commissioner of such offence; or
(b) if such date is not known or the offence is a continuing one within six months next after the commission or discovery of such offence.
### 429. Power of Magistrate to hear cases in absence of accused. - If any person summoned to appear before a Magistrate to answer a charge of an offence punishable under this Act or any rule, regulation or bye-law fails to appear at the time and place mentioned in the summons, and if service of summons is proved to the satisfaction of the Magistrate and no sufficient cause is shown for the non-appearance of such person the Magistrate may hear and determine the case in his absence.
### 430. Report of Chemical Analyser to Government. - Any document purporting to be a report under the hand of the Chemical Analyser to Government upon any article duly submitted to him for analysis may be used as evidence of the facts therein stated in any inquiry or prosecution under this Act.
### 431. Complaint concerning nuisances. - (1) Any person who resides in the City may complain to a Magistrate of the First Class having jurisdiction therein of the existence of any nuisance or that in the exercise of any power conferred by sections 156, 157, 176, 177, 249 or 292 more than the least practicable nuisance has been created.
(2) Upon receipt of any such complaint, the Magistrate after making such inquiry as he thinks necessary may, if he sees fit, direct the Commissioner,-
(a) to put in force any of the provisions of this Act or of any rule, regulations or bye-law or to take such measures as to such Magistrate shall seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance;
(b) to pay to the complainant such reasonable costs of and relating to the said complaint and order as the said Magistrate shall determine, inclusive of compensation for the complainant's loss of time in prosecuting such complaint.
(3) Subject to the provisions of section 432 it shall be incumbent on the Commissioner to obey every such order.
(4) Nothing in this Act contained shall interfere with the right of any person who may suffer injury or whose property may be injuriously affected by any act done in the exercise of any power conferred by sections 156. 157, 175, 176, 177, 249 or 292 to recover damages for the same.
### 432. Appeal to the [Criminal Appellate Court] from order passed under section 431. - (1) An appeal shall lie to the [Criminal Appellate Court] from an order passed by a Magistrate under section 431 within one month of the date thereof.
(2) The [Criminal Appellate Court] may, when disposing of an appeal under subsection (1), direct by whom and in what proportions, if any, the costs of the appeal are to be paid, and costs so directed to be paid may on application to a Magistrate of the First Class having jurisdiction in the City, be recovered by him, in accordance with the direction of the [Criminal Appellate Court], as if they were a fine imposed by himself.
(3) When an appeal has been preferred to the [Criminal Appellate Court] under this section the Commissioner shall defer action upon the order of the Magistrate until such appeal has been disposed of and shall thereupon forthwith give effect to the order passed in such appeal by the [Criminal Appellate Court], or, if the order of the Magistrate has not been disturbed by the[Criminal Appellate Court], then to his order.
(4) The [Criminal Appellate Court] may, from time to time, make rules for regulating the admission of appeals under sub-section (1) and the procedure to be followed in the adjudication thereof.
IX. Arrest of Offenders
### 433. Offenders against this Act may in certain cases be arrested by police officers. - (1) Any police officer may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law, if the name and address of such person be unknown to him, and if such person, on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false.
[(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the [nearest Judicial Magistrate], for a longer period than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the Court of such magistrate].
X. Miscellaneous
### 434. Code of Civil Procedure to apply. - (1) Save as expressly provided by this Chapter the provisions of the Code of Civil Procedure, 1908 (V of 1908) relating to appeals from original decrees shall apply to appeals to the Judge from the orders of the Commissioner and relating to appeals from appellate decrees shall apply to appeals to the [Civil Appellate Court],
(2) All other matters for which no specific provision has been made under this Act shall be governed by such rules as the [State] Government may from time to time make after consultation with the High Court.
### 435. Limitation. - (1) In computing the period of limitation prescribed for an appeal or application referred to in this Chapter, the provision of sections 5, 12 and 14 of the Indian Limitation Act, 1908 (IX of 1908), shall, so far as may be, apply.
(2) When no time is prescribed by this Act for the presentation of an appeal, application or reference, such appeal or application shall be presented or reference shall be made within thirty days from the date of the order in respect of or against which the appeal, application or reference is presented or made.
### 436. Execution of orders of the Judge and [Appellate Court]. - (1) A1 orders of the Judge shall be executed in the same manner as if they were decrees of the Court of Small Causes passed under [the relevant Small Cause Courts Act].
(2) All orders of the [Civil Appellate Courts] shall be executed as if they were the decrees of the [Civil Appellate Court].
[436A. Rules of construction in respect of Magistrate for city of Ahemdabad. - The references in this Act to a Magistrate of the First Class or Magistrate shall in relation to the City of Ahmedabad be construed as references to a Magistrate appointed under section 14 of the Ahmedabad City Courts Act, 1961 (Gujarat XIX of 1961).]
### 437. Criminal Procedure Code to apply to all inquiries and proceedings before Magistrates. - The provisions of the Code of Criminal Procedure, 1898 (V of 1898), shall, so far as may be, apply to all inquiries and proceedings under this Act before the Magistrate.
[Chapter XXVI-A
Power to Evict Persons from Premises Belonging to the Corporation.]
### 437A. Power to evict certain persons from Municipal premises.
### 437B. Power to recover rent or damages as arrears of land revenue.
### 437C. Deduction of rent from salary or wages in certain cases.
### 437D. Appeal.
### 437E. Bar of jurisdiction of Civil Courts.
### 437F. Saving of other provisions.]] Repealed by Gujarat 12 of 1973, Section 19.
Chapter XXVII
---------------
Recovery of Municipal Dues Other Than Taxes
### 438. Recovery of expenses of removals by Commissioner under certain sections. - (1) The expenses incurred by the Commissioner in effecting any removal under section 60, section 231 or sub-section (3) of section 239, or in the event of a written notice issued under sub-section (2) of section 226 or. sub-section (3) of section 227 or section 232 or sub-section (3) of section 244 or sub-section (3) of section 245 or section 264 or section 308 not being complied with, under section 479 and all other expenses and charges specified in sub-section (2), if any, shall, subject to the provisions of sub-section (2), be recoverable by the sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be paid by the owner of the said materials.
(2) If the expenses of removal are in any case paid before the materials are sold, the Commissioner shall restore the materials to the owner thereof, on his claiming the same at any time before they are sold or otherwise disposed of, and on his paying all other expenses, if any, incurred by the Commissioner in respect thereof or in respect of the intended sale or disposal thereof and all such charges, if any, as the Commissioner may fix for the storage of the materials.
(3) If the materials are not restored to the owner thereof under sub-section (2) they shall be sold by auction or otherwise disposed of as the Commissioner thinks fit:
Provided that, if the materials are perishable, they may be sold or disposed of forthwith, and, if other than perishable, they shall be sold or disposed of as soon as conveniently may be after one month from the date of their removal whether the expenses of the removal and the charges, if any, for storage have in the meantime been paid or not and the proceeds, if any, of the sale of other disposal, shall, after defraying therefrom the costs of the sale or other disposal and, if necessary, of the removal and the charges for storage, be paid to the credit of the Municipal Fund, and shall be the property of the Corporation.
### 439. Expenses recoverable under the Act to be payable on demand, and if not paid on demand may be recovered as arrear of property-tax. - (1) Whenever under this Act, or any rule, regulation or bye-law the expenses of any work executed or of any measure taken or thing done by or under the order of the Commissioner or of any municipal officer empowered under section 69 in this behalf are payable by any person, the same shall be payable on demand.
(2) If not paid on demand, the said expenses shall be recoverable by the Commissioner, subject to the provisions of sub-section (4) and sub-section (3) of section 416 by distress and sale of the moveable property or attachment and sale of the immovable property of the defaulter, as if the amount thereof were a property-tax due by the said defaulter.
(3) If, when the Commissioner demands payment of any expenses under sub-section (1), his right to demand the same or the amount of the demand is disputed, or if, in the case of expenses incurred by the Commissioner, in taking temporary measures under sub-section (2) of section 247, the necessity for such temporary measures is disputed, the Commissioner shall refer the case for the determination of the Judge.
(4) Pending the Judge's decision the Commissioner shall defer further proceedings for the recovery of the sum claimed by him, and, after decision, shall, subject to the provisions of section 416, proceed to recover only such amount, if any, as shall be thereby determined to be due.
### 440. If defaulter is owner of premises in respect of which expenses are payable, occupier to be also liable for payment thereof. - If the said expenses are due in respect of some work executed or thing done to, upon or in connection with, some building or land or of some measure taken with respect to some building or land or in respect of a private street and the defaulter is the owner of such building or land or of the premises fronting or adjoining such street or abutting thereon, as the case may be, the amount thereof may be demanded from any person who at any time, before the said expenses have been paid, occupies the said building, land or premises under the said owner, and in the event of the said person failing to pay the same, they may be recovered by distress and sale of the moveable property or the attachment and sale of the immovable property of the said person, as if the amount thereof were a property-tax due by him:
Provided as follows, namely:-
(a) unless the said person neglects or refuses at the request of the Commissioner truly to disclose the amount of the rent payable by him in respect of the said building or premises and the name and address of the person to whom the same is payable, the said person shall not be liable to pay on account of the said expenses any larger sum than, upto the time of demand, is payable by him to the owner on account of rent of the said building, land or premises, but it shall rest upon the said person to prove that the amount of the expenses demanded of him is in excess of the sum payable by him to the owner;
(b) the said persons shall be entitled to credit in account with the owner for any sum paid by or recovered from him on account of the said expenses;
(c) nothing in this section shall affect any agreement made between the said person and the owner of the building, land or premises in his occupation respecting the payment of the expenses of any such work, thing or measured as aforesaid.
### 441. Commissioner may agree to receive payment of expenses in instalments. - Instead of recovering any such expenses as aforesaid in any manner hereinbefore provided, the Commissioner may, if he thinks fit and with the approval of the Standing Committee, take an agreement from the person liable for the payment thereof, to pay the same in instalments of such amounts and at such intervals as will secure the payment of the whole amount due, with interest thereon, at such rate not exceeding nine per cent per annum as the Standing Committee may fix from time to time, within a period of not more than five years.
### 442. Certain expenses may be declared to be improvement expenses. - (1) Any expenses incurred by the Commissioner under any provision of this Act in respect of any material or fittings supplied or work executed or thing done to, upon or in connection with some building or land which are recoverable from the owner or occupier of such building or land may, subject to the regulations, be declared to be improvement expenses if the Commissioner with the approval of the Corporation, thinks fit so to declare them, and on such declaration being made, such expenses, together with interest therein payable under sub-section (2), shall be a charge on the premises in respect of which, or for the benefit of which, the expenses have been incurred.
(2) Improvement expenses shall be recoverable in instalments of such amount not being less for any premises than twelve rupees per annum, and at such intervals as will suffice to discharge such expenses, together with interest thereon at such rate not exceeding six per cent per annum as the Standing Committee may fix from time to time, within such period not exceeding thirty years as the Commissioner with the approval of the Corporation may in each case determine.
(3) The said instalments shall be payable by the occupier of the premises on which the expenses and interest thereon are so charged or, in the event of the said premises becoming unoccupied at any time before the expiration of the period fixed for the payment of such expenses or before the sum, with interest as aforesaid, are fully paid off, by the owner for the time being of the said premises, so long as the same continue to be unoccupied.
### 443. Proportion of improvement expenses may be deducted from rent. - (1) Where the occupier by whom any improvement expenses are paid holds the premises on which the expenses together with interest thereon are charged, at a rent not less than the rack-rent, he shall be entitled to deduct three-fourths of the amount paid by him on account of such expenses and interest thereon as aforesaid from the rent payable by him to his landlord, and, if he holds at a rent less than the rack-rent, he shall be entitled to deduct form the rent so payable by him such proportion of three-fourths of the amount paid by him on account of such expenses and interest thereon as aforesaid as his rent bears to the rack-rent.
(2) If the landlord from whose rent any deduction is so made is himself liable to the payment of rent for the premises in respect of which the deduction is made and holds the same for a term of which less than twenty years is unexpired (but not otherwise), he may deduct from the rent so payable by him such proportion of the sum deducted from the rent payable to him as the rent payable by him bears to the rent payable to him and so in succession with respect to every landlord (holding for a term of which less than twenty years is unexpired) of the same premises both receiving and liable to pay rent in respect thereof;
Provided that nothing in this section shall be construed to entitle any person to deduct from the rent payable by him more than the whole sum deducted from the rent payable to him.
### 444. Redemption of charge for improvement expenses. - At any time before the expiration of the period for the payment of any improvement expenses together with interest thereon, the owner or occupier of the premises on which they are charged may redeem such charge by paying to the Commissioner such part of the said expenses and such interest due, if any, as may not have been already paid or recovered.
### 445. Recovery of instalments due under sections 441 and 442. - Any instalment payable under section 441 or 442 which is not paid when the same becomes due, may be recovered by the Commissioner by distress and sale of the moveable property or the attachment and sale of the immovable property of the person by whom it is due as if it were a property-tax due by the said person.
### 446. In default of owner the occupier of any premises may execute required work and recover expenses from the owner. - Whenever the owner of any building or land fails to execute any work which he is required to execute under this Act or under any rule, regulation or bye-law the occupier, if any, of such building or land may, with the approval of the Commissioner, execute the said work, and he shall be entitled to recover the reasonable expenses incurred by him in so doing from the owner and may without prejudice to any other right of recovery deduct the amount thereof from the rent which from time to time becomes due by him to the owner.
### 447. Persons liable for expenses or compensation may be used for recovery thereof. - Instead of proceeding in any manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due, or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for the same in any Court of competent jurisdiction.
Chapter XXVIII
----------------
Control
### 448. Power of [State] Government to require performance of duties in default of any municipal authority. - (1) If it shall at any time appear to the [State] Government upon complaint or otherwise that default has been made in the performance of any duty imposed on any of the municipal authorities by or under this Act or by or under any enactment for the time being in force, the [State] Government may, if satisfied after due inquiry that the alleged default has been made, make an order prescribing a period for the performance of that duty:
Provided that, except in any case which appears to the [State] Government to be one of emergency, no such order shall be made until after the expiry of one month from the date of service of a written notice on the Corporation, and if the [State] Government shall think fit, on the Commissioner requiring cause to be shown why such order should not be made, nor until the cause, if any, so shown has been considered by the [State] Government.
(2) If the duty is not performed within the period prescribed in an order made under sub-section (1), the [State] Government may appoint some person to perform the same and may direct that the expense of performing such duty, together with such reasonable remuneration to the person performing the same as the [State] Government shall determine and the cost of the proceedings under this section shall be paid out of the Municipal Fund.
### 449. Expenses of measures enforced under section 448 how to be recovered. - (1) When any such order as is mentioned in sub-section (2) of section 448 shall have been made, the Corporation shall cause to be paid to the [State] Government the sum or sums of money of which payment shall from time to time be required, in pursuance of the said order, in any requisition made by the [State] Government.
(2) If within fourteen days from the delivery of any such requisition, the same is not complied with, the [State] Government may by a written order authorise and direct some person to receive from the bank in which the Municipal Fund is lodged the sum or sums mentioned in the said order.
(3) The said bank shall, upon production of the said written order, forthwith pay the said sum or sums to the person therein authorized to receive the same and the said written order shall be sufficient discharge to the said bank from all liability to the Corporation in respect of any sum or sums so paid by it out of the Municipal Fund.
### 450. Power to [State] Government to call for extracts from proceedings etc. - (1) The [State] Government may at any time call upon the Corporation to furnish it with any extract from any proceedings of the Corporation, the Standing Committee, the Transport Committee or any other committee constituted under this Act or from any record under the control of the Corporation and with any statistics concerning or connected with the administration of this Act; and the Corporation shall furnish the same without unreasonable delay.
(2) The [State] Government may at any time call upon the Commissioner or the Transport Manager to furnish it with any information, report, explanation or statistics concerning or connected with the executive administration of this Act so far as each is concerned, and the Commissioner or the Transport Manager, as the case may be, shall furnish the same without unreasonable delay.
### 451. Power of [State] Government to suspend action under this Act. - (1) If the [State] Government is of opinion that the execution of any resolution or order of the Corporation or any other municipal authority or officer subordinate thereto or the doing of any act which is about to be done or is being done by or on behalf of the Corporation is in contravention of or in excess of the powers conferred by this Act or of any other law for the time being in force, or is likely to lead to a breach of the peace or to cause injury or annoyance to the public or to any class or body of persons, the [State] Government may, by order in writing, suspend the execution of such resolution or order, or prohibit the doing of any such act.
(2) A copy of such order shall forthwith be sent to the Corporation by the [State] Government.
(3) The [State] Government may, at any time, on representation by the Corporation or otherwise, revise, modify or revoke an order passed under sub-section (1).
[452. Power of [State] Government to [dissolve] Corporation in case of incompetency persistent default or excess or abuse of powers. - (1) If at any time upon representation made or otherwise it appears to the [State] Government that the Corporation is not competent to perform, or persistently makes default in the performance of, the duties imposed upon it or under this Act or any other law for the time being in force or exceeds or abuses it powers, the [State] Government may, after having given the Corporation an opportunity to show cause why such order should not be made, by an order published, with the reasons therefor, in the Official Gazette, direct that the Corporation shall be [dissolved].
(2) When an order is made under sub-section (1) the following consequences shall ensue:-
(a) all the councillors shall, as from the date of the order of [dissolution], vacate their offices as such councillors;
(b) if the [State] Government so directs in the order, the members of the Transport Committee shall, as from the said date, vacate their offices as such members;
(c) all powers and duties of the Corporation, the Standing Committee, and, if the [State] Government has directed that the members of the Transport Committee, shall vacate office, the Transport Committee under this Act or under any other law for the time being in force shall, during the period of [dissolution], be exercised and performed by such person or persons as the [State] Government from time to time, appoints in this behalf;
(d) all the property vested in the Corporation shall, during the period of [dissolution], vest in the [Government];
(e) the person or persons appointed under clause (c) may delegate his or their powers and duties to an individual of a committee or sub-committee.
(3) [\*\*\*]
[(4) The Corporation shall be re-constituted within a period of six months from the date of dissolution by the election of the councillors at the general election held in accordance with the provisions of this Act;]
Provided that the person or persons appointed under clause (c) of sub-section (2) shall continue to exercise the powers and perform the duties of the Corporation, the Standing Committee and, as the case may be, the Transport Committee until the first meeting of the Corporation re-constituted by the election of councillors as aforesaid shall have been held.]
[452A. [Power of State Government to make a suitable provisions by order on alteration of limits of a City.] - Deemed to have been deleted with effect on and from the 1st April, 1986 by Gujarat 19 of 1986, Section 3 (1) .
Chapter XXIX
--------------
Rules, Bye-Laws, Regulations And Standing Orders
### 453. Rules in Schedule to be part of the Act. - The rules in [Schedule A] as amended from time to time shall be deemed to be part of this Act.
### 454. Alteration of and additions to Schedule. - [(1) The Corporation may add to the schedule] rules not inconsistent with the provisions of this Act [and the rules made by the State Government under this Act] (which expression shall in this section be deemed not to include [the said Schedule A] to provide for any matter dealt with or for any of the purposes specified in [the said Schedule A]; and may, subject to the same limitations, amend, alter or annul any rule in [the said Schedule A]:
[(2) The Corporation may make rules either prospectively or retrospectively for the purposes of levy of [property taxes under section 141AA],
Provided that while making any rules under this sub-section, no provision for breach thereof under section 468, shall be made retrospectively]:
Provided further that if any rule regulating the punishment of an offence is altered or amended the punishment awarded under such altered or amended rule shall not exceed the maximum provided in section 468.
### 455. Power to make rules subject to sanction of [State] Government. - (1) The power to make, add to, alter or rescind any rule under section 454, shall be subject to the sanction of the [State] Government and to the condition of the rules being made after previous publication.
(2) All rules made under section 454 shall be finally published in the Official Gazette and shall thereupon have effect as if enacted in this Act.
(3) In addition to the publication required under sub-sections (1) and (2) the Corporation may determine in each case what further publication, if any, is required for rules made or proposed to be made.
### 456. Power of [State] Government to make rules. - (1) The State Government may, by notification in the Official Gazette make, rules to provide for matters expressly required or allowed by the Act to prescribe by rules or for such other matters for carrying out the purposes of this Act.
[(2) A1 the rules made under sub-section (1) shall be subject to condition of previous publication.
Provided that the State Government may, for sufficient reasons, dispense with the requirement of previous publication.
(3) All the rules made under sub-section (1) shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to rescission or to such modification as the Legislature.
may make during the session in which they are so laid, or the Session immediately following.
(4) Any rescission or modifications so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.
(5) Any rules made by the Corporation which are inconsistent with the rules made by the State Government shall be null and void to the extent of inconsistency.]
[(6) The [State] Government may at any time require the Corporation to make rules under section 454 in respect of any purpose or matter specified in section 457.]
[(7) ] If the Corporation fails to comply with such requisition within such reasonable time as may be fixed by the [State] Government, the [State] Government may, after previous publication make such rules and the rules so made shall, on final publication in the Official Gazette have effect as if enacted in this Act.
### 457. Matters in respect of which rules may be made. - In particular, and without prejudice to the generality of the powers conferred by section 454, rules made thereunder may provide for or regulate all or any of the following purposes and matters, namely:-
(1) Ward election. - (a) The amount of the rateable value of business premises for the purposes of the business premises qualification under section 8.
[\*\*\*]
(2) Proceedings of Corporation and Committees and conduct of business-
(a) the time and place of meetings of the Corporation, committees and sub-committees;
(b) the manner in which notice of such meetings, shall be given;
(c) the quorum necessary for the transaction of business at such meetings;
(d) the management and adjournment of such meetings, and the regulation or orderly conduct of business thereat, including the withdrawal or suspension of members guilty of disorderly conduct;
(e) the submission, asking and answering of questions at meetings of the Corporation;
(f) the constitution of Special Committees;
(g) the keeping of minutes and the submission of reports of meetings of the Corporation, committees and sub-committees;
(h) the delegation of the powers of the Standing Committee to subcommittees;
(i) the payment of conveyance charges to the Chairman and members of the Transport Committee for attendance at meetings thereof;
(j) any other matter relating to the proceedings of the Corporation, a Committee or a sub-committee, the holding and regulation of meetings, the conduct of debate, the inspection of minute-books and the supply of copies of minutes to councillors or other persons on payment of fees or otherwise.
(3) Municipal Officers and Servants-
(a) The qualifications necessary for and the method of appointment to posts the power of appointment to which vests in the Corporation;
(b) the mode of appointment to other posts;
(c) the powers and duties of the Municipal Chief Auditor and his staff;
(d) the determination of the services under the municipality to be treated as essential services for the purposes of Chapter V.
(4) Contracts-
(a) The manner in which contracts may be executed;
(b) the security to be demanded for the due performance of contracts;
(c) the calling, examination and acceptance of tenders;
(d) the procedure to be followed in disposing of the property of the Corporation.
(5) Special Funds-
The constitution, maintenance and disposal of special funds within the Municipal Fund or the Transport Fund.
(6) Budget Estimates-
(a) The classification of budget estimates of expenditure according to budget heads;
(b) the manner of making reductions in or transfers from one budget head to another or within a budget head.
(7) Municipal taxes-
(a) The assessment and recovery of municipal taxes;
(b) the conditions on which refunds of municipal taxes shall be allowed;
(c) in respect of a tax leviable under sub-section (2) of section 127, the matters referred to in sub-section (1) of section 149.
(8) Drainage-
(a) The construction, maintenance, improvement, alteration and discontinuance of drains;
(b) the conditions and restrictions to be observed with reference to drains;
(c) the conditions for connections with municipal drains;
(d) the conditions on which occupiers of trade-premises may discharge any trade effluent into municipal drains;
(e) the conditions to be observed in erecting or affixing ventilation shafts or pipes under section 175;
(f) the manner in which samples of trade-effluent shall be analysed;
(g) the construction, position and maintenance of water-closets, privies, urinals, bathing places or washing places.
(9) Water Supply - The terms and conditions of the supply of water to buildings or other premises.
(10) Streets-
(a) The information and documents to be furnished in connection with the lay-out of lands for buildings and private streets;
(b) the definition of sky-signs;
(c) the naming or numbering of streets and public places and the numbering of [premises].
(11) Regulation of buildings-
(a) The manner in which further information and documents in regard to the erection of, or additions to, alterations in, or repairs of, buildings shall be supplied;
(b) the conditions to be observed in commencing, carrying out, and completing building work and in occupying buildings on completion of works;
(c) the restrictions under which alterations may be made in the use of buildings;
(d) the inspection of newly constructed buildings;
(e) the conditions on which loans may be granted out of the Municipal Fund for building and the form of application for such loans.
(12) Fire Brigade - The powers exercisable by the Chief or other officer of the municipal fire brigade on the occasion of a fire.
(13) Sanitary provisions-
(a) The furnishing of information regarding the number of occupants in buildings;
(b) the removal and disposal of filth, rubbish and polluted and excrementitious matter from premises;
(c) the maintenance of premises in a sanitary conditions;
(d) the prevention of nuisances, including the prohibition and regulation of wells;
(e) the removal, trimming and cutting of trees and hedges;
(f) the regulation of keeping of animals in the City;
(g) the regulation of public bathing and the washing of clothes;
(h) the information to be furnished by persons applying for permission to establish, remove, or re-open a factory, workshop, work-place or bakery governed by section 313;
(i) the articles which may not be kept and the trades and operations which may not be carried on in or upon any premises without a licence under section 376;
(j) the inspection of premises used or suspected of being used as a factory, workshop, work-place or bakery or for any licenseable trade or occupation or for the storage of any licensable article;
(k) the prevention and regulation of the discharge of smoke, steam, fumes and noxious vapours;
(l) the prohibition and regulation of the use of whistles, trumpets and noise-producing instruments operated by any mechanical means; (m) measures for the prevention of the spread of dangerous diseases,
(14) Markets. - The regulation of sales within or outside municipal or private markets.
(15) Fares and charges levied by Transport Undertaking - The exhibition of notices of fares and charges in vehicles used for the conveyance of passengers.
(16) Vital statistics - The supply of forms of certificate regarding the cause of death to medical practitioners.
(17) General - Any matter which is or may be prescribed to be provided for by rules.
### 458. Bye-laws for what purpose to be made. - The Corporation may from time to time make bye-laws not inconsistent with this Act and the rules, with respect to the following matters, namely:-
(1) regulating, in any particular not specifically provided for in this Act or the rules, the construction, maintenance, protecting, flushing, cleansing and control of drains, ventilation-shafts or pipes, cesspools, water-closets, privies, latrines, urinals, washing places, drainage works of every description, whether belonging to the Corporation or other persons, municipal water-works, private communication pipes, private streets and public streets;
(2) regulating all matters and things connected with the supply and use of water;
(3) regulating the maintenance, supervision and use of public and private cart-stands and the levy of fees for the use of such of them as belong to the Corporation;
(4) prescribing the forms of notice under sections 253 and 254, the information, documents and plans to be furnished therewith in respect of different classes of structures or works, the manner in which and the persons by whom notices shall be signed and the manner in which plans, sections, descriptions, structural drawings or structural calculations shall be drawn, given, prepared and signed;
(5) regulating the manner in which, the supervision under which the agency through which and the conditions and restrictions under which the work of erecting or re-erecting buildings of particular classes and any work such as is described in section 254 shall be carried out;
(6) the structure of walls, foundations, roofs and chimneys, the number, width and position of staircases, the width of corridors and passages, the materials dimensions and strength of floors and staircases and of all scantlings, girders, posts and columns of buildings, for securing stability and the prevention of fires and the safety of the inmates in the event of fire and for purposes of health, either generally or with reference to the type of the structure and the use to which it is intended to be put;
(7) the construction of scaffolding for building operations to secure the safety of the operatives and of the general public;
(8) the provision and maintenance of sufficient open space, either external or internal, about buildings to secure a free circulation of air, and of other means for the adequate ventilation of buildings;
(9) the provision and maintenance of suitable means of access to buildings and preventing encroachment thereon;
[(9A) the provision and maintenance of parking space and loading and unloading space, for buildings erected or re-erected in such locality or for such use as may be specified]
(10) the provision and maintenance of house-gullies and service-passagcs;
(11) regulating the conditions on which frame buildings may be constructed;
(12) regulating the use of land as building sites, prescribing the minimum size of such sites, either generally or for specified areas and prescribing setbacks from the street margin for all or particular classes of buildings on specified streets or classes of streets or in specified localities;
(13) regulating the height of structures generally or with reference to the materials of which they are constructed or the width of the streets on which they front the areas in which they are situated or the purposes for which they are intended to be used;
(14) regulating the number and height above the ground or above the next lower storey or the storeys of which a building may consist;
(15) prescribing the form of the completion certificate required under section 263 and the manner in which and the person by whom it shall be signed and subscribed;
(16) regulating the intervals at which, the manner in which and the person by whom buildings shall be periodically inspected under section 265;
(17) regulating the management, maintenance, control and use of dwellings intended for the poorer sections of the community vesting in the Corporation;
(18) prescribing the qualifications and experience of licensed surveyors, architects, engineers, structural designers, clerks of works and plumbers;
(19) regulating in any particular not specifically provided for in this Act conservancy and sanitation, the destruction of rodents and other vermin, preventive and remedial measures against mosquitoes, flies and other insect pests;
(20) the control and supervision of all premises used for any of the purposes mentioned in section 376 and of all trade and manufactures carried on thereon and the prescribing and regulating of the construction, dimensions, ventilation, lighting, cleansing, drainage and water-supply of any such premises;
(21) the inspection of milch-cattle, and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of cattle-sheds and dairies;
(22) securing the cleanliness of milk-stores, milk-shops and milk-vessels used by dairymen or milk-sellers for containing milk;
(23) regulating the sale of milk in the City; the protection of milk against contamination and the prevention of the sale of contaminated milk;
(24) requiring notice to be given whenever any milch animal is affected with any contagious disease and prescribing precautions to be taken for protecting milch-cattle and milk against infection or contamination;
(25) regulating the measures to be taken in the event of the outbreak of any disease among animals which is communicable to man and the supply of information which will facilitate the taking of such measure;
(26) securing the efficient inspection of markets and slaughter-houses and of shops in which articles intended for human food are kept or sold;
(27) the control and supervision of butchers carrying on business within the City or at a municipal slaughter-house outside the City;
(28) regulating the use of any municipal market building, market place or slaughter-houses or any part thereof;
(29) controlling and regulating the sanitary condition of markets and slaughter-houses and preventing the exercise of cruelty therein;
(30) the licensing of hand-carts, other than those exempted from taxation under section 143 or those plying for hire in respect of which licences have been issued under the Bombay Public Conveyances Act, 1920 (Bombay VII of 1920), and the seizure and detention of any such hand-carts that have not been duly licensed;
(31) requiring notice to be given of the occurrence of cases of any infectious, epidemic or endemic disease, not being a dangerous disease, which may be specified and prescribing the precautions to be taken by persons suffering from, or exposed to, infection from, any such disease;
(32) regulating the disposal of the dead and the maintenance of all places for the disposal of the dead in good order and in a safe sanitary condition, due regard being had to the religious usages of the several classes of the community;
(33) regulating the use of any place for the skinning and cutting up of the carcasses of animals;
(34) facilitating and securing complete and accurate registration of births and deaths;
(35) the registration of marriages;
(36) securing the protection of public parks, gardens, public parking places and open spaces vested in or under the control of the Corporation from injury or misuse, regulating their management and the manner in which they may be used by the public and providing for the proper behaviour of persons in them;
(37) regulating the use of barbed wire or other material for the fencing of land or premises abutting on any street, pathway or place which the public are entitled to use or frequent;
(38) regulating trade in rags, bones or second-hand clothing, bedding or other similar articles, including measures for'disinfecting on import or before removal, sale or exposure for sale or use in any manufacturing process of any such article;
(39) regulating the holding of fairs and industrial exhibitions in the City;
(40) regulating and prohibiting the stocking of inflammable materials and of the lighting of fires in any specified portion of the City;
(41) regulating the charges for services rendered by any municipal authority;
(42) regulating admission to, and use by members of the public of, municipal hospitals, dispensaries, infirmaries, homes and similar institutions and the levy of fees therein;
(43) the protection of the property of the Corporation;
(44) regulating the inspection by members of the public of municipal records and the fees to be charged before such inspection is allowed;
(45) regulating the grant of certified copies of extracts from municipal records and the fees chargeable for such copies or extracts;
(46) regulating the appointment by owners of building or lands in the City who are not resident therein of agents residing in or near the city to act for such owners for all or any of the purposes of this Act or the rules, regulations or bye-laws;
(47) regulating generally mattes affecting the conduct of the Transport Undertaking and the travelling in or upon vehicles of the Undertaking used for the conveyance of passengers, subject to the provisions of any other enactment applicable to the Undertaking and the provisions of any rules, bye-laws, regulations, permit or licence issued thereunder, and in particular, the observance by municipal officers and servants appointed in connection with the Undertaking of sobriety, courtesy and special vigilance to prevent danger to persons or vehicles using the streets;
(48) carrying out generally the provisions and intentions of this Act.
### 459. Commissioner to lay draft bye-laws before the Corporation for its consideration. - It shall be the duty of the Commissioner from time to time to lay before the Corporation for its consideration a draft of any bye-law which he shall think necessary or desirable for the furtherance of any purpose of this Act.
### 460. Hearing by Corporation of objections to proposed bye-laws. - No bye-law shall be made by the Corporation, unless,-
(a) a notice of the intention of the Corporation to take such bye-law into consideration shall have been in the Official Gazette and in the local newspapers at least six weeks before the date on which the Corporation finally considers such bye-law;
(b) a printed copy of such bye-law shall have been kept at the chief municipal office and made available for public inspection free of charge by any persons desiring to peruse the same at any reasonable time for at least one month from the date of the, notice given under clause (a);
(c) printed copies of such bye-law shall have been delivered to any person requiring the same on a payment of such fee for each copy as shall be fixed by the Commissioner;
(d) all objections and suggestions which may be made in writing by any person with respect thereto within one month of the date of the notice given under clause (a) shall have been considered by the Corporation.
### 461. Bye-laws to be confirmed by [State] Government. - No bye-law made under section 458 shall have any validity unless and until it is confirmed by the [State] Government.
### 462. Bye-laws confirmed by [State] Government to be published in the Official Gazette. - When any bye-law has been confirmed by the [State] Government it shall be published in the Official Gazette, and thereupon shall have the force of law.
### 463. Printed copies of bye-laws to be kept on sale. - (1) The Commissioner shall cause all bye-laws from time to time in force to be printed and shall cause printed copies thereof to be delivered to any person requiring the same, on payment of such fees for each copy as he may fix.
(2) Printed copies of the bye-laws for the time being in force shall be kept for public inspection in some part of the municipal office to which the general public has access and in such places of public resorts, markets, slaughter-houses and other works or places affected thereby, as the Commissioner thinks fit, and the said copies shall from time to time be renewed by the Commissioner.
(3) In regard to bye-laws relating exclusively to the operations of the Transport Undertaking the provisions of this section shall apply as if for the word "Commissioner" the words "Transport Manager" had been substituted and as if sub-section (2) had provided for the display of the relevant bye-laws in every vehicle of the Transport Undertaking used for the conveyance of the public.
### 464. [State] Government may modify or repeal by. - laws.-(1) If it shall at any time appear to the [State] Government that any bye-law should be modified or repealed cither wholly or in part, it shall cause its reason for such opinion to be communicated to the Corporation and prescribe a reasonable period within which the Corporation may make any representation with regard thereto which it shall think fit.
(2) After receipt and consideration of any such representation or, if in the meantime no such representation is received after the expiry of the prescribed period, the [State] Government may at any time by notification in the Official Gazette modify or repeal such bye-law either wholly or in part.
(3) The modification or repeal of a bye-law under sub-section (2) shall take effect, from such date as the [State] Government shall in the said notification direct or, if no such date is specified, from the date of the publication of the said notification in the Official Gazette, except as to anything done or suffered or omitted to be done before such date.
(4) The said notification shall also be published in the local newspapers.
### 465. Regulations. - (1) The Standing Committee shall from time to time frame regulations not inconsistent with this Act and the rules but in consonance with any resolution that may be passed by the Corporation-
(a) prescribing the qualifications required for appointments to posts in municipal service other than those specified in sub-clause (a) of clause (3) of section 457;
(b) fixing the amount and the nature of the security to be furnished by any municipal officer or servant from whom it may be deemed expedient to require security;
(c) regulating the grant of leave to municipal officers and servants;
(d) authorising the payment of allowances to the said officers and servants, or to certain of them, whilst absent on leave;
(e) determining the remuneration to be paid to the persons appointed to act for any of the said officers or servants during their absence on leave;
(f) authorising the payment of travelling or conveyance allowance to the said officers and servants;
(g) regulating the period of service of all the said officers and servants;
(h) determining the conditions under which the said officers and servants or
any of them, shall on retirement or discharge receive pensions, gratuities or compassionate allowances, and under which the surviving spouse or children and, in the absence of the surviving spouse or children, the parents, brothers and sisters, if any, dependent on any of the said officers and servants, shall, after their death, receive compassionate allowances and the amounts of such pensions, gratuities or compassionate allowances;
(i) prescribing the procedure to be followed in removing from service or dismissing or otherwise punishing any municipal officer or servant other than an officer who is appointed under section 40 or 45 or who is appointed to act in the place of such officer;
(j) authorizing the payment of contributions, at certain prescribed rates and subject to certain prescribed conditions, to any pension or provident fund which may, with the approval of the Standing Committee, be established by the said officers and servants or to such provident fund, if any, as may be established by the Corporation for the benefit of the said officers and servants.
(k) prescribing the conditions under which and, subject to the provisions of sub-section (2) of section 50, the authorities by whom the said officers and servants or any of them, may be permitted while on duty or during leave to perform a specified service or series of services for a private person or body or for a public body, including a local authority, or for the Government and to receive remuneration therefor;
(l) in general, prescribing any other conditions of service of the said officers and servants.
(2) The Standing Committee may also from time to time frame regulations not inconsistent with the provisions of this Act and the rules-
(a) determining the standards of fitness of buildings for human habitation;
(b) regulating the declaration of expenses incurred by the Commissioner under the provisions of this Act and the rules in respect of any materials or fittings, supplied or work executed or thing done to, upon or in connection with some building or land which are recoverable from the owner or occupier to be improvement expenses;
(c) prescribing the powers of the Municipal Chief Auditor with regard to the disapproval of and the procedure with regard to the settlement of objections to expenditure from the revenue of the Corporation;
(d) regulating the grant of permission by the Commissioner for the construction of shops, ware-houses, factories, huts or buildings designed for particular uses in any streets, portions of streets or localities specified' in a declaration in force under section 269.
(3) (a)
No regulation under sub-section (1) or under clause (a) of sub-section (2) shall have effect until it has been confirmed by the Corporation and, if made under clause (h) of sub-section (1), until it has in addition been confirmed by the [State] Government.
(b) regulations under [Clause (c) of sub-section (2)] shall be made in consultation with the Chief Auditor and shall not have effect unless sanctioned by the Corporation.
(4) With reference to officers and servants appointed under chapter XX and to expenditure from the Transport Fund, the provisions of sub-section (1) and of clause (c) of sub-section (2) shall apply as if for the words "Standing Committee", the words "Transport Committee" has been substituted.
### 466. Making of Standing Orders by Commissioner. - (1) The Commissioner may make standing orders consistent with the provisions of this Act and the rules and bye-laws in respect of the following matters, namely:-
(A) (a)
prescribing nakas for the collection of [\*\*\*] tolls;
(b) regulating the mode and manner in which [\*\*\*] tolls shall be collected;
[\*\*\*]
(d) regulating the stamping, sealing or otherwise making of imported goods;
[\*\*\*]
(B) the manner in which sales of immovable property attached for the nonpayment of municipal dues shall be held;
(C) (a)
the training, discipline and good conduct of the men belonging to the municipal fire-brigade and any volunteer fire-brigade recognised by the Corporation;
(b) their speedy attendance with engines, fire-escapes and all necessary implements on the occasion of any alarm of fire;
(c) the maintenance of the said brigade generally in a due state of efficiency;
(d) determining the officers to whom and the places at which intimation of the outbreak of a fire shall be reported and the action to be taken on the receipt of such intimation;
(e) for the granting of gratuities, rewards or certificates to persons who have given notice of fires or who have rendered meritorious service to the fire brigade on the occasion of a fire;
(D) (a)
for preventing nuisance or obstruction in any market- building, market-place, slaughter-house or stock-yard or in the approaches thereto;
(b) fixing the days and the hours on and during which any market, slaughter-house or stock-yard may be held or kept open for use and prohibiting the owner of any private market from keeping it closed without lawful excuse on such days or during such hours.
(c) prohibiting every vendor in a market from closing his shop, stall or standing to the public without lawful excuse or from withholding from sale any article in which he normally deals;
(d) for keeping every market-building, market-place, slaughter-house or stock-yard in cleanly and proper state, and for removing filth and refuse therefrom;
(e) requiring that any market-building, market-place, slaughter-house or stock-yard be properly ventilated and be provided with a sufficient supply of water;
(f) requiring that in market-buildings and market-places, passages be provided between the stalls of sufficient width for the convenient use of the public;
(g) for the marking or branding for purpose of identification of animals rejected for slaughter as discarded or unwholesome;
(h) regulating the method of slaughter at slaughter-houses;
(i) requiring the allotment in markets of separate areas for different classes of articles;
(j) generally regulating the orderly management and control of markets, slaughter-houses and stock-yards.
(2) No order made by the Commissioner under clause (A) of sub-section (1) shall be valid unless it is approved by the Standing Committee and confirmed by the [State] Government, and no order made by the Commissioner under clause (B) or paragraph (e) of clause (C) of sub-section (1) shall be valid unless it is approved by the Standing Committee.
### 467. Posting of standing orders and table of stallages, rents, etc. - A printed copy of the standing orders shall be affixed in a conspicuous place in the municipal office and a printed copy of the table of stallages, rents and fees, if any, in force in any market, slaughter-house or stock-yard under sections 332 and 333 shall be affixed in some conspicuous spot in the market-building, market-place, slaughter-house or stock-yard.
### 468. Penalty for breach of rules, bye-laws, regulations or standing orders. - In making rules under section 454 or bye-laws, regulations or standing orders, the [State] Government, the Corporation, the Standing Committee, or the Commissioner, as the case may be, may provide that for any breach thereof the offender shall on conviction-
(a) be punished with fine which may extend to five hundred rupees, and in the case of a continuing breach with fine which may extend to twenty rupees for every day during which the breach continues, after conviction for the first breach;
(b) be punished with fine which may extend to twenty rupees for every day, during which the breach continues, after receipt of written notice from the Commissioner or any municipal officer duly authorised in that behalf to discontinue the breach;
(c) in addition to the imposition of such fine, be required to remedy the mischief so far as lies in his power.
Chapter XXX
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Miscellaneous Public Notices and Advertisements
### 469. Public notices how to be made known. - Whenever it is provided by or under this Act that public notice shall or may be given of anything, such public notice shall, in the absence of special provision to the contrary, be in writing under the signature of the Commissioner or of a municipal officer empowered under section 69 to give the same, and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum, or by advertisement in the local newspapers, or by any two or more of these means and by any other means that the Commissioner shall think fit.
### 470. Advertisements how to be made. - Whenever it is provided by or under this Act that notice shall be given by advertisement in the local newspapers, or that a notification or any information shall be published in the local newspapers, such notice, notification or information shall be inserted, if practicable, in at least two newspapers in such language or languages as the Corporation may from time to time, specify in this behalf published or circulating in the City.
### 471. Consent, etc., of Corporation, etc. may be proved by written documents. - (1) Whenever under this Act or any rule, bye-law, regulation or standing order, the doing or the omitting to do anything or the validity of anything depends upon the consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction of-
(a) the Corporation, the Standing Committee, the Transport Committee or any other Committee;
(b) the Commissioner or the Transport Manager or any municipal officer, a written document signed as provided in sub-section (2) purporting to convey or set-forth, such consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction shall be sufficient evidence of such consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction.
(2) The written document referred to in sub-section (1) shall be signed-
(a) when the authority concerned is the Corporation or the Standing Committee or any Committee other than the Transport Committee, by the Municipal Secretary on behalf of such authority;
(b) when the authority concerned is the Transport Committee, by the Chairman of that Committee;
(c) when the authority concerned is the Commissioner, the Transport Manager or any municipal officer, the Commissioner, the Transport Manager or such municipal officer, as the case may be.
Service of Notices, Etc.
### 472. Notices, etc. by whom to be served or presented. - Notices, bills, schedules, summonses and other such documents required by this Act or by any rule, regulation or bye-law to be served upon or issued or presented or given to any person, shall be served, issued, presented or given by municipal officers or servants or by other persons authorised by the Commissioner in this behalf.
### 473. Service how to be effected on owners of premises and other persons. - When any notice, bill, schedule, summons or other such document is required by this Act, or by any rule, regulation or bye-law to be served upon or issued or presented to any person, such service, issue or presentation shall, except in the cases otherwise expressly provided for in section 474, be effected-
(a) by giving or tendering to such person the said notice, bill, schedule, summons or other documents; or
(b) if such person is not found, by leaving the said notice, bill, schedule, summons or other documents at his last known place of abode in the City, or by giving or tendering the same to some adult member or servant of his family, or by leaving the same at his usual place of business, if any, or by giving or tendering the same to some adult employee, if any, of his at such place; or
(c) if such person does not reside in the City and his address elsewhere is known to the Commissioner by forwarding the said notice, bill, schedule, summons or other documents to him by post under cover, bearing the said address; or
(d) if none of the means aforesaid be available, by causing the said notice, bill schedule, summons or other documents to be affixed on some conspicuous part of the building or land, if any, to which the same relates.
### 474. Service on owner or occupier of premises how to be effected. - When any notice, bill schedule, summons, or other, such document is required by this Act, or by any rule, regulation or bye-law to be served upon or issued or presented to the owner or occupier of any building or land it shall not be necessary to name the owner or occupier therein, and the service, issue or presentation thereof shall be effected, not in accordance with the provisions of the last preceding section, but as follows, namely:-
(a) by giving or tendering the said notice, bill, schedule, summons or other documents to the owner or occupier, or if there be more than one owner or occupier, to any one of the owners or occupiers of such building or land, or
(b) if the owner or occupier or no one of the owners or occupiers is found, by giving or tendering the said notice, bill, schedule, summons or other documents to some adult member or servant of the family of the owner or occupier or of any of the owners or occupiers; or
(c) if none of the means aforesaid be available by causing the said notice, bill, schedule, summons or other documents to be affixed on some conspicuous part of the building or land to which the same relates.
### 475. Sections 472, 473 and 474 inapplicable to Magistrate's summons. - Nothing in sections 472, 473 and 474 applies to any summons issued under this Act by a Magistrate.
### 476. Signature on notices, etc. may be stamped. - (1) Every licence, written permission, notice, bill, schedule, summons or other document required by this Act or by any rule, regulation or bye-law to bear the signature of the Commissioner or of any municipal officer shall be deemed to be properly signed if it bears a facsimile of the signature of the Commissioner or of such municipal officer as the case may be, stamped thereupon.
(2) Nothing in this section shall be deemed to apply to a cheque drawn upon the Municipal Fund or upon the Transport Fund under any of the provisions of this Act, or to any deed of contract.
### 477. Power of Commissioner to call for information as to ownership of premises. - (1) The Commissioner may, in order to facilitate the service, issue, presentation, or giving of any notice, bill, schedule, summons or other such documents upon or to any person by written notice require the owner or occupier of any premises, or of any portion thereof to state in writing, within such period as the Commissioner may specify in the notice, the nature of his interest therein and the name and address of any other person having an interest therein, whether as free holder, mortgagee, lessee or otherwise, so far as such name and address is known to him.
(2) Any person required by the Commissioner in pursuance of sub-section (1) to give the Commissioner any information shall be bound to comply with the same and to give true information to the best of his knowledge and belief.
Unauthorised Works
### 478. Work or thing done without written permission of the Commissioner to be deemed unauthorised. - (1) If any work or thing requiring the written permission of the Commissioner under any provision of this Act, or any rule, regulation or by-law is done by any person without obtaining such written permission or if such written permission is subsequently suspended or revoked for any reason by the Commissioner, such work or thing shall be deemed to be unauthorised and, subject to any other provision of this Act, the Commissioner may at any time, by written notice, require that the same shall be removed, pulled down or undone, as the case may be, by the person so carrying out or doing. If the person carrying out such work or doing such thing is not the owner at the time of such notice then the owner at the time of giving such notice shall be liable for carrying out the requisition of the Commissioner.
(2) If within the period specified in such written notice the requisitions contained therein are not carried out by the person or owner, as the case may be, the Commissioner may remove or alter such work or undo such thing and the expenses thereof shall be paid by such person or owner, as the case may be.
Enforcement of Orders to Execute Works, Etc.
### 479. Works, etc. which any person is required to execute may in certain cases be executed by Commissioner at such,person's cost. - (1) Subject to the provisions of this Act and of the rules, bye-laws, regulations and standing orders, when any requisition or order is made under any provision of this Act or of any rule, bye-law, regulation or standing order by written notice by the Commissioner, or by any municipal officer duly empowered in this behalf, a reasonable period shall be prescribed in such notice for carrying such requisition or order into effect, and if, within the period so prescribed, such requisition 9r order or any portion of such requisition or order is not complied with, the Commissioner may take such measures or cause such work to be executed or such thing to be done as shall, in his opinion, be necessary for giving due effect to the requisition or order so made; and, unless it is in this Act otherwise expressly provided, the expenses thereof shall be paid by the person or by any one of the persons to whom such requisition or order was addressed.
(2) The Commissioner may take any measure, execute any work or cause anything to be done under this section, whether or not the person who has failed to comply with the requisition or order is liable to punishment or has been prosecuted or sentenced to any punishment for such failure.
### 480. Supply of materials. - On the written request of any person who is required under any of the provisions of this Act or of any rule, regulation or bye-law to supply any materials or fittings; the Commissioner may, on such person's behalf, supply the necessary materials or fittings, or cause the necessary work to be done:
Provided that, where the provisions of section 441 or 442 will not apply, a deposit shall first of all be made by the said person of a sum which will, in the opinion of the Commissioner, suffice to cover the cost of the said materials, fittings and work.
Legal Proceedings.
### 481. Provisions respecting institution etc. of civil and criminal actions and obtaining legal advice. - (1) The Commissioner may-
(a) take, or withdraw from proceedings against any person who is charged with,-
(i) any offence against this Act or any rule, regulation or by-law;
(ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act;
(iii) committing any nuisance whatever;
(b) compound any offence against this Act or any rule, regulation or bye-law which under the law of the time being in force may legally be compounded;
(c) defend any election petition brought under section 16;
(d) defend, admit or compromise any appeal against a rateable value or tax brought under section 406;
(e) take, withdraw from or compromise, proceedings under sub-section (2) of section 402, sub-sections (3) and (4) of section 439 and sections 381 and 416 for the recovery of expenses or compensation claimed to be due to the Corporation.
(f) withdraw or compromise any claim for a sum not exceeding five hundred rupees against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner, or, with the approval of the Standing Committee, any such claim for any such claim for any sum exceeding five hundred rupees;
(g) defend any suit or other legal proceedings brought against the Corporation or against the Commissioner or a municipal officer or servant in respect of anything done or omitted to be done by them, respectively, in their official capacity;
(h) with the approval of the Standing Committee, admit or compromise any claim, suit or legal proceeding brought against the Corporation or against the Commissioner or a municipal officer or servant, in respect of anything done or omitted to be done as aforesaid;
(i) with the like approval, institute and prosecute any suit or withdraw from or compromise any suit or any claim, other than a claim of the description specified in clause (f), which has been instituted or made in the name of the Corporation or of the Commissioner.
(j) obtain and pay for such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain or as he may be desired by the Corporation or the Standing Committee to obtain, for any of the purposes mentioned in the foregoing clauses of this sub-section or for securing the exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or any municipal officer or servant: Provided that the Commissioner shall not defend any suit or legal proceeding under clause (g) without first of all taking legal advice with regard thereto, and shall institute and prosecute any suit which the Corporation shall determine to have instituted and prosecuted.
(2) In relation to legal proceedings arising out of the acquisition, extension, administration, operation and maintenance of the Transport Undertaking the provisions of sub-section (1) shall apply as if for the word "Commissioner" the words "Transport Manager" and for the words "Standing Committee" the words "Transport Committee" had respectively been substituted.
General
### 482. Councillors, etc., to be deemed to be public servants. - (1) The Commissioner and the Transport Manager and every councillor and every member of the Transport Committee who is not a councillor and every municipal officer or servant appointed under this Act, and every contractor or agent for the collection of any municipal tax and every servant or other person employed by any such contractor or agent shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860).
(2) For the purposes of sub-section (1) the word "Government" in the definition of "legal remuneration" in section 161 of the Indian Penal Code (XLV of 1860), shall be deemed to include the Corporation.
### 483. Co-operation of Police, etc. - (1) The District Magistrate and the District Superintendent of the Police having jurisdiction in the City shall, as for as may be, cooperate by themselves and through their subordinates with the Commissioner for carrying into effect and enforcing the provisions of this Act and for the maintenance of good order in the City.
(2) It shall be the duty of every police officer in the City to communicate without delay to the proper municipal officer any information which he receives of a design to commit or of the commission of any offence against this Act or against any rule, regulation or bye-law and to assist the Commissioner or any municipal officer or servant reasonably demanding his aid for the lawful exercise of any power vesting in the Commissioner or in such municipal officer or servant under this Act.
### 484. Assistance for the recovery of rent on land. - For the purpose of the recovery of any amount due on account of rent from any person to a Corporation in respect of any land vested in or otherwise held by such Corporation, the Corporation shall be deemed to be a superior holder and every such person an inferior holder of such land, within the meaning of sections 86 and 87 of the Bombay Land Revenue Code, 1879 (Bombay V of 1879), and the Corporation as superior holder shall be entitled for the recovery of every such amount, to all the assistance to which under the said sections a superior holder is entitled for the recovery of rent or land revenue payable to him by an inferior holder.
### 485. Informalities and errors in assessments, etc., not to be deemed to invalidate such assessment, etc. - (1) Any informality, clerical error, omission or other defect in any assessment made or in any distress levied or attachment made or in any notice, bill, schedule, summons or other documents issued under this Act, or under any rule, regulation, bye-law or standing order may at any time as far as possible, be rectified.
(2) No such informality, clerical error, omission or other defect shall be deemed to render the assessment, distress, attachment, notice, bill, schedule, summons or other documents invalid or illegal if the provisions of this Act and of the rules, regulations, bye-laws and standing orders have in substance and effect been complied with, but any person who sustains any special damage by reason of any such informality, clerical error, omission or other defect shall be entitled to recover compensation for the same by suit in a Court of competent jurisdiction.
### 486. Indemnity for acts done in good faith. - No suit, prosecution or other legal proceeding shall lie in respect of anything in good faith done or purported or intended to be done under this Act against any councillor or against any member of the Transport Committee who is not a councillor, or against the Commissioner, the Transport Manager or any municipal officer or servant or against any person acting under and in accordance with the directions of the Corporation, any committee constituted under this Act, the Commissioner, the Transport Manager, any municipal officer or , servant or of a Magistrate.
### 487. Protection of persons acting under this Act against suits. - (1) No suit shall be instituted against the Corporation or against the Commissioner, or the Transport Manager, or against any municipal officer or servant, in respect of any act done or purported to be done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act:-
(a) until the expiration of one month next after notice in writing has been, in the case of the Corporation, left at the chief municipal office and, in the case of the Commissioner or of the Transport Manager or of a municipal officer or servant delivered to him or left at his office or place of abode, stating with reasonable particularity the cause of action and the name and place of abode of the intending plaintiff and of his attorney, advocate, pleader or agent, if any for the purpose of such suit, for
(b) unless it is commenced within six months next after the accrual of the cause of action.
(2) At the trial of any such suit-
(a) the plaintiff shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice delivered or left by him as aforesaid:
(b) the claim, if it be for damages, shall be dismissed if tender of sufficient amends shall have been made before the suit was instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs.
(3) Where the defendant in any such suit is a municipal officer or servant, payment of the sum or of any part of any sum payable by him in, or in consequence of the suit, whether in respect of costs, charges, expenses, compensation for damages or otherwise, may be made, with the previous sanction of the Standing Committee or the Transport Committee from the Municipal Fund or the Transport Fund, as the case may be.
### 488. Savings in respect of certain provisions of Bombay Land Revenue Code, 1879. - Notwithstanding the provisions of sections 48, 65, 66 and 67 of the Bombay Land Revenue Code, 1879 (Bombay V of 1879).-
(1) the use of any land for any purpose to which it may lawfully be put under the provisions of this Act shall not be prohibited in exercise of the powers conferred by or under the said Code;
(2) it shall be sufficient for any occupant of land assessed or held for the purpose of agriculture to show to the satisfaction of the Collector that he has complied with all the requirements of this Act and of the rules, regulations and bye-laws to entitled such occupant to permission under section 65 of the said Code subject to the condition of the payment of altered assessment and fine, if any for the use of his holding or part thereof for any purpose unconnected with agriculture.
### 489. Limitation of liability of agent or trustee or owner. - (1) No person who receives the rent of any premises in any capacity described in paragraph (ij, (ii) or (iii) of sub-clause (a) of clause (45) of section 2, shall be liable to do anything which is by this Act required to be done by the owner unless he has or, but for his own improper act or default, might have had sufficient funs of or due to the owner to pay for the same.
(2) The burden of proving the facts entitling any person to relief under sub-section (1) shall rest on such person.
(3) When any person has secured relief under sub-section (1) the Commissioner may, by written notice, require such person to apply to the discharge of any obligation which he would, but for such relief, be bound to discharge, the first moneys which shall come to his hand on behalf of or for the use of the owner, and any person who fails to comply with such notice shall be deemed to be personally liable to discharge such obligation.
(4) Nothing in this section shall be deemed to prevent the Commissioner from carrying out the necessary works and recovering the expenses from the actual owner.
Chapter XXXI
--------------
Repeals and Amendments
### 490. Certain Acts to cease to apply to City. - [The Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964), and the Gujarat Panchayats Act, 1961 (Gujarat 6 of 1962)], shall cease to apply, except as hereinafter provided, to any area included in the City.
### 491. Amendment of certain enactments. - The enactments specified in the second column of Appendix III shall be amended to the extent specified in the third column thereof.
### 492. [Repeal], Deleted by the Gujarat Adaptation of Laws Order, 1960.
### 493. Transitory provisions. - The provisions of Appendix IV shall apply to the constitution of the Corporation and other matters specified therein.
App.
[Appendix I-A]
(See Section 141f)
Modifications
### 1. [\*\*\*] ###
2. [\*\*\*]
[3. In section 140,-
(1) in sub-section (1) ,-
(a) for the words "any property tax", the words "property tax" shall be substituted;
(b) for the portion beginning with the words [as the carpet area of the premises occupied by such occupier bears to the aggregate carpet area of the said premises occupied by both or all of them], the following shall be substituted, namely:-
"as the carpet area of the premises occupied by such occupier bears to the aggregate carpet area of the said premises occupied by both or all of them.";
(2) in sub-section (3), for the words "a property tax", the words "property tax" shall be substituted.
(3) in the marginal note, for the words "property taxes", the words "property tax" shall be substituted.
### 4. [\*\*\*] ###
5. In section 141A, for the proviso to sub-section (1) , the following proviso shall be substituted namely:-
"Provided that were the property tax for any official year in respect of,-
(a) a residential hut, or
(b) a residential tenement, in a chawl, having carpet area not exceeding twenty five square metres, is not paid before the end of the official year to which such tax relates but is paid thereafter, the interest shall be leviable for the period commencing on the date immediately after the expiry of the official year and ending on the date of the payment of the property tax.]
Appendix I
[(See Section 248N)]
Provisions of the Land Acquisition Act, 1894, Regulating the Acquisition of Land for Improvement Purposes
Part I – Preliminary, except clauses (e) and (f) of section 3.
----------------------------------------------------------------
Part II – Acquisition, except sub-section (1) of section 4, section 6 and sub-section (2) of section 17.
----------------------------------------------------------------------------------------------------------
Part III – Reference to Court and Procedure thereon, except sub-section (2) of section 23 and clauses (6) and (7) of section 24.
----------------------------------------------------------------------------------------------------------------------------------
Part IV – Apportionment of compensation.-
-------------------------------------------
Part V – Payment.
-------------------
Part VI – Temporary occupation of land.
-----------------------------------------
Part VII – Miscellaneous.
---------------------------
Appendix II
(See Section 392)
Table of Penalties
Part I
--------
| | |
| --- | --- |
|
**Sections, Sub-sections and Clauses**
|
**Fine which may be Imposed**
|
|
309(2) , 311(e), 311(f), 311(g).
|
Ten rupees
|
|
197(2) , 295, 334(2), 373(1), 374, 375. 376(6).
|
Twenty rupees
|
|
172, 196(2) , Proviso, 208, 227(3), 228, 233(1), 236(2),
238(2) , 240, 246, 297, 330(1), 333, 377(1),
[\* \*]
(), 384, 385,
386(5) .
|
Fifty rupees
|
|
60, 108(2) , 145(2), 163, 164, 165, -
[166A,]
(), 168(l) (b),
169(b) , 174, 184, 186, 187(1), 187(2), 199, 200, 212(2), 223,
227(3) , 229(1), 230(1), 232, 239(1), 241(1), 243(1), 244(1),
244(3) , 248(1), 251, 265(4), 266, 298(5), 308, 318, 319, 326,
335(1) , 366, 367, 368, 369, 379, 380,
[\*\*\*]
()
|
One hundred rupees
|
|
161, 178(1) , 179, 195(1), 198, 226(1), 226(2), 226(4), 242,
247(1) , 265(2), 265(3), 267(1), 268(4), 299(1), 307(1), 307(2),
378(1) , 383, 417(3).
|
Two hundred rupees
|
|
160(2) , 171(1), 221(1), 257, 261(1), 263, 264(1), 264 (2),
298(2) , 301(1), 304(3), 322, 325(1), 376(1).
|
Five hundred rupees
|
|
210(4) , 262, 269(7),
[284G (8) ,]
() 313, 314, 331(2) .
|
One thousand rupees
|
|
[[381]()[
]()
|
Five thousand rupees]
|
|
[[382]()[
]()
|
Seven thousand rupees.]
|
Part II
---------
| | |
| --- | --- |
|
**Sections, Sub-sections and Clauses**
|
**Daily fine which may be Imposed**
|
|
227(3) , 228, 297, 308, 375, 376(6), 379,
[\* \*]
()
|
Five rupees
|
|
161,163, 164, 165,
[166A]
(), 168(l) (b), 169(b), 172, 174, 184,
186, 187(1) , 187(2), 195(1), 200, 223, 226(2), 226(4), 229(1),
230(1) , 232, 241(1), 244(1), 244(3), 247(1), 248(1), 285(4),
298(5) , 330(1),
[\*\*\*]
() 384, 385, 386(5) .
|
Ten rupees
|
|
60, 198, 243(1) , 246, 256(2), 265(3), 267(1), 268(4), 307(1),
307(2) , 383.
|
Twenty rupees
|
|
160(2) , 171(1), 212(1), 239(1), 240, 266, 298(2), 299(1),
301(1) , 376(1), 378(1),
[381]
(), 417(3) |
Fifty rupees
|
|
210(4) , 257, 263, 264(1), 264(2), 269(1),
[284G, (8) ]
(),
[382]
()
|
One hundred rupees
|
|
313, 314.
|
Five hundred rupees.
|
Appendix III
(See Section 491)
Enactments Amended
| | | |
| --- | --- | --- |
|
**Number and year**
|
**Short title**
|
**Amendments**
|
|
Bombay 1 of 1915
|
The Bombay Town Planning Act, 1915
|
In sub-section (1) of section 4, sub-section
(2) of section 10, sub-section (1) of section 27, sub-section
(3) of section 44 and sub-section (3) of section 45, for the
words "the City of Bombay" the word "any area for
which a municipal corporation is constituted under any
enactment" shall be substituted.
|
|
Bombay V of 1925
|
The Bombay Prevention of Adulteration Act, 1925
|
1. In Clause (c) of section 2, for the words
"the City of Bombay" the words "any area for
which a municipal corporation is constituted under any
enactment" shall be substituted.
|
|
|
|
2. In sub-section (1) of section 19, for the
words "the City of Bombay after consultation with the
Corporation of the City of Bombay" the words, "any
area for which a municipal corporation is constituted under any
enactment after consultation with such corporation" shall
be substituted.
|
|
Bombay XXXII of 1947
|
The Lord Reay Maharashtra Industrial Museum
Act, 1947
|
1. In sub-section (2) of section 6-
|
|
|
|
(1) for paragraph B the following revised
paragraph shall be substituted, namely:-
|
|
|
|
"B. The following four exofficio
representatives of the Municipal Corporation of the City of
Poona-
|
|
|
|
(i) the Mayor, who shall be the Chairman,
|
|
|
|
(ii) the Chairman, Standing Committee,
|
|
|
|
(iii) the Chairman, Municipal School Board.
|
|
|
|
(iv) the Municipal Commissioner for the City of
Poona".
|
|
|
|
(2) In paragraph C for the words "Poona
City Borough Municipality" the words "Municipal
Corporation of the City of Poona" shall be substituted.
|
|
|
|
2. In section 17 for the words "Bombay
Municipal Borough Act, 1925, the Poona City Borough
Municipality" the words "Bombay Provincial Municipal
Corporation Act, 1949, the Municipal Corporation of the City of
Poona" shall be substituted.
|
|
|
|
3. In
[(Clause (b) ]
(), of subsection (2) of
section 21, for the words "Poona City Borough Municipality"
the words "Municipal Corporation of the City of Poona"
shall be substituted.
|
|
Bombay LVII of 1947
|
The Bombay Rents, Hotel and Lodging Houses
Rates Control Act, 1947
|
In section 10A the following shall be added,
namely:-"
|
|
|
|
(4) If the general tax levied under section 129
of the Bombay Provincial Municipal Corporations Act, 1949, in
respect of any premises in any city exceeds the amount paid by
any landlord to any local authority on account of a rate or tax
on buildings, houses or lands in respect of such premises for
the assessment period which include the 31st March 1949, there
shall be deemed to be an increase in such rate or tax for the
purpose of this section".
|
|
[Bombay XX of 1948]
()
|
The Poona University Act, 1948
|
In sub-section (1) of section 16, in clause
(iv) of paragraph (A) in class II-
|
|
|
|
(1) for Sub-clause (a) the following shall be
substituted, namely:-
|
|
|
|
"(a) two members by the Municipal
Corporation of the City of Poona";
|
|
|
|
(2) sub-clause (b) shall be deleted.
|
|
Bombay LX1X of 1948
|
The Bombay Housing Board Act, 1948
|
In section 25-
|
|
|
|
(1) in sub-section (1) for the words and
figures "Chapter XII-A of the City of Bombay Municipal Act,
1888", the words "any enactment for the time being in
force for the constitution of a Municipal Corporation for any
area in the Province of Bombay" shall be substituted.
|
|
|
|
(2) in sub-section (2) for the words and
figures "the City of Bombay Municipal Act, 1888" the
words "any such enactment as aforesaid" shall be
substituted.
|
|
Bombay LXXIX of 1948
|
The Bombay Shops and Establishments Act, 1948
|
In clause (15) of section 2, for the words and
figures, "Municipality constituted under the City of Bombay
Municipal Act, 1888" the words "a municipal
corporation constituted under any enactment for the time being
in force or a municipality constituted under" shall be
substituted.
|
Appendix IV
Transitory Provisions
(See Section 493)
Part I
--------
General
### 1. Construction of reference in other enactments. - [(a) References in any enactment, other than the [Gujarat Local Fund Audit Act, 1963 (Gujarat 49 of 1963), the Gujarat Municipalities, Act, 1963 (Gujarat 84 of 1964) and the law corresponding to any of the said Acts which may have been in force before the coming into force of any of the said Acts], in force on the date immediately preceding the appointed day in a City or in any rule, order or notification made or issued thereunder and in force on such date in the said City, to municipal districts, municipal boroughs, municipalities or borough municipalities constituted under the [Gujarat Municipalities Act, 1963 (Gujarat 84 of 1964) or the law corresponding to the said Act which may have been in force before coming into force of the said Act], shall, unless a different intention appears, be construed as references to the City or to the Corporation of the said City, as the case may be, and such enactment, rule, order or notification shall apply to the said City or Corporation.] [(b) References in any enactment other than the Gujarat Local Fund Audit Act, 1963 (Gujarat 49 of 1963), the Gujarat Panchayats Act, 1961 (Gujarat 6 of 1962) and the law corresponding to any of the said Acts, which may have been in force before coming into force of any of the said Acts, in force on the date immediately preceding the appointed day in a city or in any rule, order, or notification, made or issued thereunder and in force on such date in the said city to villages, grams, nagars, village panchayats, gram panchayats or nagar panchayats constituted under the Gujarat Panchayats Act, 1961 or the law corresponding to said Act which may have been in force before coming into force of the said Act shall unless a different intention appears, be construed as references to such area of the city which formed part of or which was such gram or nagar or to the Corporation of the said city, as the case may be, and such enactment, rule, order or notification shall apply to the said area of the city or Corporation.]
### 2. Transfer of rights. - All rights of the municipality or any other local authority for the area which has been constituted to be a City shall on the appointed day vest in the Corporation constituted for the said area. ###
3. Sums due. - All sums due to the said municipality or local authority for the area which has been constituted a City, whether on account of any tax or any other account, shall be recoverable by the Commissioner for the said City and for the purpose of such recovery he shall be competent to take any measure or institute any proceeding which it would have been open to the authority of the said municipality or local authority to take or institute, if this Act had not come into operation and the said area had not been constituted to be a City.
### 4. Debts, obligations, contracts and pending proceedings. - (1) All debts and obligations incurred and all contacts made by or on behalf of the said municipality or local authority immediately before the appointed day and subsisting on the said day shall be deemed to have been incurred and made by the Commissioner for the said City in exercise of the powers conferred on him by this Act and shall continue in operation accordingly. (2)
All proceedings pending before any authority of the said municipality or local authority on the said day which under the provisions of this Act are required to be instituted before or undertaken by the Commissioner shall be transferred to and continued by him and all other such proceedings shall, so far as may be, be transferred to and continued by such authority before or by whom they have to be instituted or undertaken under the provisions of this Act.
(3) All appeals pending before, any authority of the said municipality or local authority on the said date shall, so far as may be practicable, be disposed of as if the area was constituted to be a City when they were filed.
(4) All prosecutions instituted by or on behalf of the said municipality or local authority and all suits and other legal proceedings instituted by or against the said municipality, local authority or any officer of the said municipality or local authority pending on the said date shall be continued by or against the Commissioner or the Corporation for the said City, as the case may be, as if the area was constituted to be a City when such prosecution, suit or proceeding was instituted.
### 5. Continuation of appointments, taxes, budget estimates, assessments, etc. - Save as expressly provided by the provisions of this Appendix or by a notification issued under paragraph 22 or order made under paragraph 23,- (a) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under the Bombay District Municipal Act, 1901 (Bombay Ill of 1901), or the Bombay Municipal Boroughs Act, 1925 (Bombay XVIII of 1925), or any other law in force in any local area constituted to be a City immediately, before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act, continue in force until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law, or form made, issued, imposed or granted under this Act or any other law as aforesaid, as the case may be;
(b) all budget estimates, assessments, valuation, measurements, and divisions made under the Bombay District Municipal Act, 1901 (Bombay Ill of 1901), or the Bombay Municipal Boroughs Act, 1925 (Bombay XVIII of 1925), or any other law in force in any area constituted to be a City immediately before the appointed day shall in so far as they are consistent with the provisions of this Act, be deemed to have been made under this Act;
(c) all officers and servants in the employ of the said municipality or local authority immediately before the appointed day shall be officers and servants employed by the Corporation under this Act and shall, until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled on subject on such date:
Provided that service rendered by such officers and servants before the appointed day shall be deemed to be service rendered in the service of the Corporation:
Provided further that it shall be competent to the Corporation to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable to the requirements of the municipal service, after giving such officer or servant, such notice as is required to be given by the terms of his employment and every officer or servant whose services are so discontinued, shall be entitled to such leave, pension or gratuity as he would have been entitled to take or receive on being invalided out of service if this Act had not been passed.
[5A. Continuation of appointments tax, budget estimates, assessments etc. in certain other cases. - Where any local area comprising partly of an area of a Municipal Borough and partly of an area of any gram or nagar is constituted to be a city [\*\*\*\*] any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under the Gujarat Panchayats Act, 1961 or, as the case may be, the Gujarat Municipalities Act, 1963 or any other law in force in a part of the local area constituted to be a city immediately before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act continue in force in such part of the area of the city until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed, or granted under this Act or any other law as aforesaid, as the case may be.]
### 6. Provision for Municipality or local authority which is superseded or dissolved. - Any reference in the above paragraphs of a municipality or a local authority shall, in case such municipality or local authority has been superseded or dissolved be deemed to be a reference to the person or persons appointed to exercise the powers or to perform the functions of such municipality or local authority under any law relating to such municipality or local authority.
[6A., Special Conditions for erection and re-erection of buildings etc., in certain areas. - (1) Notwithstanding anything contained in this Act, until bye-laws are made under section 458 or until the expiration of one year from the date on which any local area is constituted or included in a City [\*\*\*], whichever is earlier, the Corporation may prescribe special conditions with respect to erection or re-erection of buildings, the maximum heights of buildings, roofs and external walls of buildings, set-backs of buildings and other matter relating to buildings in the area constituted or included in a City or any part thereof.
(2) No person shall erect or re-erect any building or commence the execution of any work in contravention of any such conditions.]
[6B. Savings in respect of Gujarat Local Fund Audit Act, 1963. - The provisions of the Gujarat Local Fund Audit Act, 1963 shall continue to apply in respect of the audit of the accounts of the said Municipality for the period upto the date immediately preceding the appointed day and for all other matters connected with, or arising out of, such audit as if this Act had not come into operation:
Provided that all references in the Gujarat Local fund Fudit Act, 1963, to the President of the local authority or to the local authority shall be deemed to be references to the Commissioner.]
Part II
---------
Special Provisions Relating to The City of Ahmedabad
### 7. Ahmedabad Borough Municipality to be deemed to be Corporation under this Act. - (1) On and from the appointed day in the case of the City of Ahmedabad, the Ahmedabad Borough Municipality constituted under the Bombay Municipality Boroughs Act, 1925 (Bombay XVIII of 1925), shall be deemed to be the Corporation, the Standing Committee and the Bus Committee shall be deemed to be the Standing Committee and Transport Committee respectively and the President and Vice President of the said Municipality shall be deemed to be the Mayor and Deputy Mayor respectively under this Act and shall exercise the powers and perform the duties conferred and imposed by this Act on the Corporation, the Standing Committee, the Transport Committee, the Mayor and the Deputy Mayor, respectively. (2)
The councillors of the Corporation so constituted shall continue in office until the expiry of two years from the date of the passing of this Act:
[Provided that the State Government may by notification in the Official Gazette extend the term of office of the councillors for such period, not exceeding in the aggregate two and half years from the date of the passing of this Act, as may be specified in the notification.]
[(3) If the office of any of the said councillors falls vacate after the coming into force of the Bombay Provincial Municipal Corporations (Amendment) Act, 1951 (Bombay XXV, III of 1951), the vacancy shall not be filled up and no act or proceedings of the Corporation shall be questioned on account of any vacancy thereon.]
### 8. Corporation to appoint forthwith Standing Committee, Transport Committee, etc. - The Corporation constituted under sub-paragraph (1) of paragraph 7 shall forthwith appoint a Standing Committee, a Transport Committee and such Special Committees as it may deem necessary in accordance with the provisions of sections 20, 25 and 30.
### 9. Temporary appointment of Commissioner. - The [State] Government may, pending the appointment of the Commissioner under section 36, appoint for such period as it thinks fit any person to act as the Commissioner. The Commissioner so appointed shall receive such monthly salary and allowances as the [State] Government may determine and shall exercise all the powers and perform all the functions and duties under this Act as arc to be exercised and performed by the Commissioner appointed under section 36. ###
10. Commissioner to take steps to hold Elections, etc. - (1) The Commissioner shall take steps to prepare the municipal election roll and hold general ward elections in accordance, as far as may be, with the provisions of this Act so as to ensure that the councillors elected at such elections shall assume office immediately on the expiry of the period of two years specified in sub-paragraph (2) of paragraph 7 [or the period extended under the proviso to the said sub-paragraph (2) of paragraph 7, as the case may be.]
(2) For the purposes of the first elections held under this Act, any person who, if this Act had not come into operation in the City of Ahmedabad, would have been disqualified for being elected a councillor of the Ahmedabad Borough Municipality shall be deemed to be disqualified for being elected and for being a councillor under this Act.
(3) Every person who has immovable property in the City of Ahmedabad which on the date immediately preceding the appointed day was assessed to any tax in the form of a rate on lands and buildings levied by the Ahmedabad Borough Municipality shall be deemed to have the requisite taxation qualification under sub-section (3) of section 8 for the purpose of enrolment in the first municipal election roll.
### 11. Chief Officer to vacate office. - The Chief Officer of the Ahmedabad Borough Municipality in office on the date immediately preceding the appointed day shall vacate office on he said day but it shall be competent for the Corporation to appoint him, with effect from the said day, to any appointment under it for which he is in its opinion qualified: Provided that, unless the Chief Officer is so appointed, he shall be given such leave, pension or gratuity as he would have received had he been invalided out of municipal service if this Act had not come into operation in the City.
### 12. Savings in respect of Bombay Local Fund Audit Act, 193. - The provisions of the Bombay Local Fund Audit Act, 1930 (Bombay XXV of 1930), shall continue to apply in respect of the audit of the accounts of the Ahmedabad Borough Municipality for the period up to the date immediately preceding the appointed day and of all other matters connected with, or arising out of, such audit as if this Act had not come into operation: Provided that all references in the Bombay Local Fund Audit Act, 1930 (Bombay XXV of 1930), to the President of the local authority or to the local authority shall be deemed to be references to the Commissioner.
### 13. Ahmedabad Municipal School Board to be deemed to be the Municipal School Board for the City. - The Ahmedabad Municipal School Board in office on the date immediately preceding the appointed day shall be deemed to be the Municipal School Board for the City and shall continue in office until a new School Board is constituted by the nomination and election of members under sub-sections (2) and (5) of section 4 of the Bombay Primary Education Act, 1947 (Bombay LXI of 1947), as soon as may be after the first general ward elections of councillors have been held and the councillors have taken office. [Part III:
Special Provisions Relating to The City of Poona] Deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Part IV
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Special Provisions Relating to Other Cities.
### 22. On any local area other than [the City of Ahmedabad] being constituted to be a city [\*\*\*\*] the [State] Government may, notwithstanding anything in this Act, by notification in the Official Gazette provide for such City- (a) for the constitution of the following interim authorities and the exercise of
powers and performance of functions and duties by the said authorities
[for such period] not exceeding [One year] as it thinks fit:-
(i) the Corporation,
(ii) the Standing Committee,
(iii) the Transport Committee,
(iv) the Mayor and Deputy Mayor,
(v) the Commissioner,
(vi) the Transport Manager;
(b) the appointment of municipal officers and servants; and
(c) such other matters as may be necessary for the proper and efficient conduct of the municipal administration of the City.
22A. (a) Notwithstanding anything contained in this Act the State Government may by order in writing issue to any of the interim authorities constituted under paragraph 22 such direction as may be considered necessary for the proper and efficient conduct of the municipal administration of the city.
(b) Any direction issued by the State Government to any interim authority under sub-paragraph (a), shall be complied with by the interim authority within such period as may be specified in the order under the said sub-paragraph (a).
(c) Where an interim authority fails to comply with a direction issued by the State Government, the provisions of sub-section (2) of section 448 shall, so far as may be, apply as if for the word "duty" wherever it occurs in the said sub-section (2), the word "direction" had been substituted.
### [22B. Notwithstanding anything contained in sub-paragraph (a) of paragraph 22, the State Government may-
(1) in the notification referred to in the said paragraph 22 provide for appointment of an Administrator instead of constitution of interim authorities referred to in items (i) to (iv) of sub-paragraph (a) of paragraph 22,
(2) by notification in the Official Gazette provide for appointment of an Administrator on the expiry of the term of interim authorities referred to in items (i) to (iv) of sub-paragraph (a) of the said paragraph 22 and continuation of the interim authorities referred to in items (v) and (vi) of the said paragraph (a) for such period as may be specified in the notification, and the provisions of section 7A shall, so far as may be apply to the appointment of such administrator.]
Part V
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Power to Remove Difficulties
### 23. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act or, by reason of anything contained in this Act, to any other enactment for the time being in force, the [State] Government may, as occasion requires, by order do anything which appears to it necessary for the purposes of removing the difficulty. Provided that no order shall be made under this paragraph after the expiry of one year from the appointed day.
[schedule A]
(See Section 453)
[Chapter I. Election Rules] Deleted by Gujarat 16 of 1993, Section 23.
Chapter II
------------
Proceedings of The Corporation, Standing Committee, Transport Committee, Etc.
Proceedings of The Corporation.
### 1. Provisions regulating Corporation's proceedings,. - (a) There shall be in each month at least one ordinary meeting of the Corporation which shall be held not later than the twentieth day of the month; (b)
the first meeting of the Corporation after general elections shall be held as early as conveniently may be, on a day and at a time and place to be fixed by the Commissioner, and if not held on that day shall be held on some subsequent date to be fixed by the Commissioner;
(c) the day, time and place of meeting shall in every other case be fixed by the Mayor or in the event of the office of Mayor being vacant, or of the death or resignation of the Mayor or of his ceasing to be a councillor, or of his being incapable of acting, by the Deputy Mayor, or failing both the Mayor and the Deputy Mayor, by the Chairman of the Standing Committee;
(d) the Mayor or, in such event as aforesaid, the Deputy Mayor may, whenever he thinks fit, and shall upon a written requisition signed by not less than one-fourth of the whole number of councillors or by not less than four members of the Standing Committee, call a special meeting and every meeting of the Corporation shall except for special reasons to be mentioned in the notice convening the meeting, be held in the chief municipal office;
(e) every meeting shall be open to the public, unless a majority of the councillors present thereat decide by a resolution which shall be put by the presiding authority, of his own motion or at the request of any councillor present, without previous discussion, that any inquiry or deliberation pending before the Corporation is such as should be held in private, and provided that the presiding authority may at any time cause any person to be removed who interrupts the proceedings;
(f) if at any time during a meeting it shall be brought to the notice of the presiding authority that the number of councillors present, inclusive of the presiding authority, falls short of one-third of the whole number of councillors, the presiding authority shall adjourn the meeting to some other day, fixing such time and place for the same as he shall think convenient, and the business which remains undisposed of at such meeting shall be disposed of at the adjourned meeting, or if the latter meeting should be again adjourned, at any subsequent adjourned meeting, whether there be a quorum present thereat or not;
(g) every meeting shall be presided over by the Mayor, if he is present at the time appointed for holding the same, and if the office of Mayor is vacant or if the Mayor is absent, by the Deputy Mayor or, in the absence of the Deputy Mayor, by such one of the councillors present as may be chosen by the meeting to be Chairman for the Occasion;
(h) at least seven clear days' notice shall ordinarily be given of every meeting, other than an adjourned meeting, but in cases of urgency any such meeting may be called, except for the purpose of considering an annual budget estimate, in pursuance of a written requisition signed by not less than four members of the Standing Committee, upon a notice of not less than three clear days; of adjourned meetings such previous notice shall be given as shall be practicable having regard to the period of the adjournment;
(i) every notice of a meeting shall specify the time and place at which such meeting is to be held and the business to be transacted thereat other than questions under section 44 and shall be given by the Municipal Secretary by advertisement in at least one local newspaper having a substantial circulation and, as far as practicable, a copy of such notice shall be sent by ordinary post to the last known address of every councillor;
(j) any councillor who desires at any meeting to bring forward any business, other than any questions under section 44, or to make any substantive proposition which is not already specified in the notice of such meeting shall give written notice of the same to the Municipal Secretary at least three clear days before the day fixed for the meeting; and a supplementary announcement of the business or propositions, of which notice has been so given, shall be given by the said Secretary in a local newspaper not later than the day previous to the meeting;
(k) except at a meeting called on a requisition of urgency or at the discussion at any meeting of a budget estimate, no business shall be transacted at any meeting other than the business specified in the notice published under clause (j) and any questions asked under section 44, or urgent business not specified in the said notice which the Standing Committee, Transport Committee or the Commissioner deem it expedient to bring before the meeting and no substantive proposition shall be made on discussed which is not specified in the said notice or in the supplementary announcement, if any, published under clause (f) or which is not in support of the recommendation of the Standing Committee, Transport Committee or Commissioner with reference to any urgent business brought by any of those authorities respectively before the meeting:
Provided that no such urgent business as aforesaid shall be brought before any meeting, unless at least three-fourths of the councillors present at such meeting, such three-fourth being not less than one-fourth of the whole number of councillors, assent to its being brought forward thereat;
(1) at a meeting called on a requisition of urgency and during the discussion at any meeting of a budget estimate, no business shall be transacted and no substantive proposition shall be made or discussed which does not directly relate to the business for which he urgent meeting was called, or to the budget estimate, as the case may be; and no proposition involving any change in the taxes which the Standing Committee proposes to impose at fares or charges which the Transport Committee proposes to levy or an increase or decrease of any item of expenditure in a budget estimate, shall be made or discussed at any meeting at which such budget estimate is under consideration, unless such proposition is specified in the notice of the meeting published under clause (i) or in the supplementary announcement, if any, published under clause (j) or unless, in the case of an adjourned meeting, each of the conditions mentioned in the proviso to clause (m) has been fulfilled;
(m) any meeting may, with the consent of a majority of the councillors present, be adjourned from time to time to a later hour on the same day or to any other day, but no business shall be transacted and, except as is hereinafter provided, no proposition shall be discussed at any adjourned meeting other than the business or proposition remaining undisposed of at the meeting from which the adjournment took place:
Provided that at any adjourned meeting at which a budget estimate is under consideration a proposition involving any change such as is described in clause (1) may be made and discussed notwithstanding that such proposition is not one remaining undisposed of at the meeting from which the adjournment took place, if each of the following conditions has been fulfilled, namely:-
(i) that written notice of such proposition has been given at the meeting from which the adjournment took place;
(ii) that the adjournment has been for not less than two clear days; and
(iii) that a special announcement of the proposition has been given by the Municipal Secretary (who shall be bound to give such announcement) in a local daily newspaper not later than the day previous to the adjourned meeting.
(n) a minute of the names of the councillors present and of the proceedings at every meeting shall, on the day following the meeting, or as soon thereafter as may be, be drawn up and kept by the Municipal Secretary in a book to be provided for this purpose and shall be signed at, and by the presiding authority of, the next ensuing meeting, and the said minute-book shall at all reasonable times be open at the chief municipal office to inspection by any councillor free of charge and by any other persmr on payment of a fee of eight annas;
(o) every question other than the question whether the Standing Committee, Transport Committee or Commissioner shall be permitted to being urgent business before a meeting without notice, shall be decided by a majority of votes of the councillors present and voting on that question, unless otherwise provided in or under this Act, the presiding authority having a second or casting vote when there is an equality of votes;
(p) a declaration by the presiding authority that a proposition has been carried and an entry to that effect in the minute-book shall, unless a poll be demanded at the time of such declaration by not less than four councillors, be conclusive evidence of the fact, without proof of the number of votes given for or against the proposition;
(q) when a poll is taken, the vote of each councillor present and voting upon the proposition shall be taken by tellers appointed by the presiding authority and the names of the councillors voting respectively for or against the proposition shall be recorded in the minute-book;
(r) no resolution passed by the Corporation shall be modified or cancelled within three months after the passing thereof, except by a resolution supported by not less than one-half of the whole number of councillors or by such larger number of councillors as may be required by this Act in any particular case and passed at a meeting whereof notice shall have been given fulfilling the requirements of clause (h) and setting forth fully the resolution which it is proposed to modify or cancel at such meeting and the motion or proposition for the modification or cancellation of such resolution.
### 2. Power to order withdrawal of councillor. - (1) The presiding authority shall preserve order and may direct any councillor whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting of the Corporation and such councillor shall do so forthwith and shall absent himself during the remainder of the day's meeting. (2)
If any councillor is ordered to withdraw a second time within fifteen days, the presiding authority may suspend such councillor from attending the meetings of the Corporation for such period not exceeding fifteen days as the presiding authority may fix and the councillor so directed shall absent himself accordingly:
Provided that the presiding authority may remit the period of suspension on apology being made to his satisfaction by the councillor under suspension:
Provided also that such suspension from the service of the Corporation shall not prevent any councillor from participating in the proceedings of any committee of which he is a member.
(3) The presiding authority may, in the case of grave disorder arising in a meeting, suspend the meeting for a period not exceeding three days.
Proceedings of The Standing Committee
### 3. Provisions regulating the proceedings of the Standing Committee. - (a) There shall be a meeting of the Standing Committee once a week, and at such other times as shall be found necessary; (b)
the first meeting of each Standing Committee shall be held on a day and at a time to be fixed by the Commissioner, and if not held on that day shall be held on some subsequent day to be fixed by the Commissioner; and every subsequent meeting of the Standing Committee shall be held on such day and at such time as the said Committee from time to time determines;
(c) the Chairman of the Standing Committee shall, upon a written requisition signed by the Commissioner, call a special meeting of the said Committee within twenty-four hours for the transaction of any business which, in the opinion of the Commissioner, cannot be delayed until the next ordinary meeting of the said Committee;
(d) no business shall be transacted at a meeting of the Standing Committee unless at least five members are present from the beginning to the end of such meeting;
(e) every meeting of the Standing Committee shall be presided over by the Chairman, if the Chairman is present at the time appointed for holding the meeting, and if the Chairman is absent by such one of the members present as may be chosen by the meeting to be Chairman for the occasion;
(f) every question shall, except as otherwise provided in this Act, be decided by a majority of votes of the members of the Standing Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes;
(g) a sub-committee may elect a chairman of its meetings, and if no such Chairman is elected or if he is not present at the time appointed for holding any meeting, the members of the sub-committee present shall choose one of its members to be Chairman of such meeting;
(h) sub-committees may meet and adjourn as they think proper, but the Chairman of the Standing Committee may, whenever he thinks fit, and shall, upon the written request of not less than two members of a sub-committee, call a special meeting of such subcommittee;
(i) questions at any meeting of a sub-committee shall be decided by a majority of votes of the members present, and in case of an equality of votes, the Chairman of the meeting shall have a second or casting vote, but no business shall be transacted at any such meeting unless at least two-thirds of the members of the sub-committee are present from the beginning to the end thereof;
(j) a minute shall be kept by the Municipal Secretary of the names of the members present and of the proceedings at each meeting of the Standing Committee and at each sub-committee's meetings in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of, the next ensuing meeting.
Proceedings of the Transport Committee
### 4. Meetings of Transport Committee. - (1) The Transport Committee shall meet for the despatch of business in the chief municipal office or at such other place as the Corporation may direct; (b)
there shall be meeting of the Transport Committee once a fortnight and at such other times as shall be found necessary;
(c) the first meeting of the Transport Committee shall be held on a day and at a time to be fixed by the Mayor and, if not held on that day, shall be held on some subsequent day to be fixed by the Mayor, and every subsequent meeting of the Committee shall be held on such day and at such time as the Committee may from time to time determine;
(d) the Chairman of the Transport Committee may, whenever he thinks fit, and shall, upon a written requisition signed by the Commissioner or the Transport Manager, or by not less than three members of the Committee, within forty-eight hours of the receipt by him of the requisition, call a special meeting of the Committee for the transaction of any business;
(e) no business shall be transacted at a meeting of the Transport Committee unless at least four members are present from the beginning to the end of such meeting;
(f) every meeting of the Transport Committee shall be presided over by the Chairman, if the Chairman is present at the time for holding the meeting, and, if the Chairman is absent, by such one of the members as may be chosen by the meeting to be Chairman for the occasion;
(g) every question shall, subject to the provisions of this Act, be decided by a majority of votes of the members of the Transport Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes;
(h) the Transport Committee shall cause to be kept a minute of the names of the members present and of the proceedings at each meeting of the Committee in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of, the next ensuing meeting after confirmation by the Committee at such meeting.
Questions
### 5. Right to ask questions. - (1) Any question concerning or connected with the administration of this Act or the municipal government of the City may be asked by a councillor subject to the following conditions:- (a)
not less than seven clear days' notice in writing specifying, the question shall be given to the Municipal Secretary;
(b) no question shall be asked-
(i) which calls for an expression of opinion or for the solution of an abstract legal question or of a hypothetical proposition;
(ii) which concerns or is connected with, either directly or indirectly, any pending suit or proceedings, in any court of law or before any tribunal in any part of the Dominion of India;
(iii) which relates to the character or conduct of any municipal officer or servant except in his official or public capacity; or
(iv) which is, or by implication may be, defamatory of or which makes or implies a charge of a personal character against any person or community or section of any community.
(2) The Mayor shall disallow any question which is, in his opinion, in contravention of the provisions of sub-rule (1).
(3) If any doubt arises whether any question is or is not within the restrictions imposed by sub-rule (1) the Mayor shall decide the point and his decision shall be final.
(4) Unless otherwise directed by the presiding authority, every question shall be answered by the Commissioner at a meeting of the Corporation.
(5) The Commissioner shall not be bound to answer a question if, in his opinion, it cannot be answered without detriment to the interests of the Corporation or if it asks for information which has been communicated to him in confidence.
(6) If any questions seek information which is available in any printed record of the Corporation, it shall be sufficient for the Commissioner in his answer to invite attention to such record.
(7) The Transport Manager shall without unreasonable delay furnish the Commissioner with such information relating to the Transport Undertaking as he may require for the purpose of answering any question under this rule.
Chapter III
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Method of Appointment of Certain Municipal Officers and Servants and Their Duties and Powers
### 1. Method of Appointment ###
1. Manner of making appointments. - Save in the case of temporary appointments made under sub-section (7) of section 45 and in the case of acting appointments made under section 58 no person shall be appointed to any of the posts the power of appointment to which vests in the Corporation unless he possesses the qualifications prescribed inkhis behalf under rule 3.
### 2. Before making an appointment to any post referred to in rule 1 applications shall be invited for such post by advertisement in the local newspapers and the applications received shall be scrutinised by the Commissioner who shall submit to the Corporation, through a committee if so required by the Corporation a list arranged in order of preference of such persons out of those who have applied as he considers qualified for the post: Provided that, if the Corporation is of the opinion that any officer in municipal service possessing the qualifications prescribed under rule 3 is a fit person to be appointed to the post, it may appoint such officer to the post without following the procedure prescribed in this rule.
### 3. Subject to the provisions of this Act, the Corporation shall from time to time prescribe the qualifications required for each post, the power of appointment to which vests in the corporation, with the approval of the [State] Government, who may, in granting such approval make such modifications, in, or additions to the qualifications prescribed by the Corporation as it deems fit. ###
4. In the case of appointments made by any authority other than the Corporation no person shall be appointed except in a temporary or provisional capacity for a period not exceeding six months, unless he possess the qualifications specified in the regulations.
II. Chief Auditor
### 5. (1) The Municipal Chief Auditor shall audit the accounts of the Corporation, as hereinafter provided, with the assistance of the assistant auditors, clerks and servants immediately subordinate to him.
(2) In the discharge of his functions, under this rule the Municipal Chief Auditor shall,-
(i) audit the account of expenditure from the revenue of the Corporation, expenditure on account of loan works and expenditure incurred out of special funds and shall ascertain whether moneys shown therein as having been disbursed were legally available for, and applicable to, the service or purpose to which they have been applied or charged, and whether the expenditure conforms to the authority which governs it;
(ii) audit the accounts of debt, deposit, sinking funds, advances, suspense and remittance transactions of the Corporation and report upon those accounts, and upon the results of verification of the balances relating thereto.
(3) The Municipal Chief Auditor shall examine and audit the statement of accounts relating to the commercial services conducted in any department of the Corporation, including the balance sheets, where such accounts are maintained under the orders of the Corporation, the Standing Committee or the Transport Committee; and shall certify and report upon these accounts.
(4) The Municipal Chief Auditor shall, in consultation with the Standing Committee, and subject to any directions given by the Corporation, determine the form and manner in which his reports on the accounts of the Corporation shall be prepared and shall have authority to call upon any officer of the Corporation to provide any information necessary for the preparation of these reports.
### 6. (1) The Municipal Chief Auditor may make such queries and observations in relation to any of the accounts of the Corporation which he is required to audit and call for such vouchers, statements, returns and explanations in relation to such accounts as he may think fit.
(2) Every such query or observation as aforesaid shall be promptly taken into consideration by the officer or authority to whom it may be addressed and returned without delay with the necessary vouchers, documents or explanations to the Chief Auditor.
(3) The powers of the Municipal Chief Auditor with regard to disapproval of and the procedure with regard to settlement of objections to, expenditure from the revenues of the Corporation shall be such as may be prescribed by regulations.
### 7. If the Municipal Chief Auditor considers it desirable that the whole or any part of the audit applied to any accounts which he is required to audit, shall be conducted in the offices in which these accounts originate, he may require that these accounts, together with all books and documents having relation thereto, shall at all convenient times be made available in the said office for inspection. ###
8. The Municipal Chief Auditor shall have power to require that any books or other documents relating to the accounts he is required to audit shall be sent for inspection by him:
Provided that if the documents are confidential he shall be responsible for preventing disclosure of their contents.
### 9. The Municipal Chief Auditor shall have authority to frame rules, and to give direction on all matters relating to audit, particularly in respect of the method and the extent of audit to be applied and the raising and pursuing of objections. ###
10. Sanctions to expenditure accorded by the Municipal Chief Auditor shall be audited by an officer to be nominated by the Corporation.
Chapter IV
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Essential Services
Class I
(a) Scavenging or cleansing streets or premises.
(b) maintaining, repairing, cleansing or flushing drains,
(c) removing or disposing of excrementitious or polluted matter from houses, latrines, privies, urinals or cesspools,
(d) removing carcasses,
(e) preventing nuisances generally.
CLASS II
(a) fire brigade service,
(b) services in connection with the maintenance or service of any municipal water works, drains, pumping stations or fire hydrant, including-
(i) Inspectors,
(ii) Sub-Inspectors
(iii) Foremen,
(iv) Mechanics,
(v) Drivers,
(vi) Watchmen,
(vii) Labourers,
(viii) Workmen,
(c) Lamp-Lighters.
CLASS III
(a) Electric undertaking services.
(b) transport services.
Chapter V
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Contracts
### 1. Mode of executing contracts. - (1) Every contract entered into by the Commissioner on behalf of the Corporation shall be entered into in such manner and form as would bind the commissioner if such contract were on his own behalf, and may in the like manner and form be varied or discharged: Provided that-
(a) any such contract which would require to be under seal if it were entered into by the Commissioner shall be sealed with the common seal of the Corporation; and
(b) every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding five hundred rupees or such higher amount as the Corporation, with the approval of the [State] Government, may from time to time prescribe shall be in writing and shall be sealed with the common seal of the Corporation in the manner prescribed in sub-rule (2), unless the contract relates to work which has already been performed or the supply of materials or goods which have already been supplied to the satisfaction of the Commissioner and the Commissioner by order in writing dispenses with the execution of a written instrument.
(2) The common seal of the Corporation, which shall remain in the custody of the Municipal Secretary, shall be affixed in the presence of two members of the Standing Committee to every contract or other instrument required to be under seal and such contract or instrument shall be signed by the said two members of the Standing Committee in token that the same was sealed in their presence. The signatures of the said members shall be distinct from the signatures of any witnesses to the execution of any such contract or instrument.
### 2. Tenders to be invited for certain contracts. - (1) Except as is hereinafter otherwise provided, the Commissioner or any officer authorised by him in this behalf shall, at least seven days before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding three thousand rupees or such higher amount as the Corporation may, with the approval of the [State] Government, from time to time prescribe, give notice by advertisement in the local newspapers, inviting tenders for such contract. (2)
The Commissioner shall not be bound to accept any tender which may be made in pursuance of such notice, but may accept, subject to the provision of clause (c) of section 73, any of the tenders so made which appears to him, upon a view of all the circumstances, to be the most advantageous:
Provided that the Standing Committee may authorize the Commissioner, for reasons which shall be recorded in its proceedings, to enter into a contract without inviting tenders as herein provided or without accepting any tender which he may receive after having invited them.
### 3. Security when to be taken for performance of contract. - The Commissioner shall require sufficient security for the due performance of every contract into which he enters under rule 2 and may, in his discretion, require security for the due performance of any other contract into which he enters under this Act. ###
4. Application of Chapter to contracts relating to Transport Undertaking. - The provisions of this Chapter shall, so far as may be, apply to contracts relating to the Transport Undertaking:
Provided that the functions to be performed thereunder by the Standing Committee or the members thereof and the Commissioner, shall be performed by the Transport Committee or the members thereof and the Transport Manager, as the case may be.
Chapter VI
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Special Funds
### 1. Constitution of Fines Funds. - Fines collected under section 56 from municipal officers and servants other than those appointed under the provisions of Chapter XX shall be credited to a separate fund to be called "the Fines Fund" the proceeds of which shall be expended in promoting the well being of municipal officers and servants other than those appointed under the provisions of Chapter XX and for the payment of compassionate allowance, in accordance with such directions as the Standing Committee may from time to time give, to the surviving spouse or children, and in the absence of the surviving spouse or children, the parents, brothers and sisters, if any, of such officers and servants who die while in municipal service. ###
2. Constitution of Welfare Fund. - Amounts transferred to the Municipal Fund under the provisions of clause (c) of sub-section (1) of section 360 shall be credited to a special fund to be called "the Welfare Fund" and shall be expended in providing such benefits and amenities to municipal officers and servants, including those appointed under the provisions of Chapter XX, and to such members of their families and their dependants as the Standing Committee may from time to time determine.
### 3. Special funds may be created with the approval of Corporation. - (1) With the previous approval of the Corporation, all moneys payable from time to time to the credit of the Municipal Fund which expressly relate to an object for which it is deemed expedient to create a special fund shall be credited, and all expenditure which expressly relates to such object shall be debited, to a separate heading in the municipal accounts. (2)
With the like approval, a portion of the Municipal Fund may from time to time be credited to a separate heading in the municipal accounts for the purpose of reserving funds for meeting expenditure relating to some specific object for which it is deemed expedient to create a special fund and, when such a fund is created, such expenditure only which expressly relates to such object shall be debited to such special headings.
(3) If the Corporation is at any time of the opinion that the maintenance of a special fund created under this rule is no longer necessary, it may direct that such fund be closed and the unexpended balance, if any, of such fund be appropriated in such manner as it may direct.
### 4. Institution of Transport Staff Benefit Fund. - Fines collected under section 56 from municipal officers and servants appointed under Chapter XX, donations from passengers, and the proceeds of the sale of unclaimed lost property recovered from vehicles of the Transport Undertaking shall be credited to a separate heading in the accounts of the Transport Undertaking to be called the Transport Staff Benefit Fund and the amounts so credited shall be expended in promoting the well being of such officers and servants and for the payment of compassionate allowances to the widows of such officers and servants who die while in municipal service and to such other relations of the officers and servants as the Transport Committee may from time to time determine. ###
5. Other special funds. - (1) With the previous approval of the Corporation, the Transport Committee may direct that any moneys payable from time to time to the credit of the Transport Fund which expressly relate to an object for which it is deemed expedient to create a special fund shall be credited, and all expenditure which expressly relates to such object shall be debited, to a separate heading in the accounts of the Transport Undertakings.
(2) With the like approval, a portion of the Transport Fund may from time to time be credited to a separate heading in the accounts of the Transport Undertaking for the purpose of reserving funds for meeting expenditure relating to some specific object for which it is deemed expedient to create a special fund and when such a fund is created, such expenditure only which expressly relates to such object shall be debited to such special heading.
(3) If the Transport Committee is at any time of the opinion that the maintenance of a special fund created under this rule is no longer necessary, it may, with the sanction of the Corporation, direct that such fund be closed and the unexpended balance, if any, of such fund be appropriated in such manner as it may direct.
Chapter VII
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Budgets
### 1. Classification of budget heads. - The expenditure side of a budget estimate shall he classified under major heads, minor heads, subordinate heads and primary units: (a) "Major head" means the principal head of accounts corresponding to the different services under which expenditure is classified in the budget estimate, and may be divided into two or more minor heads.
(b) "Minor head" means the head of accounts immediately subordinate to a major head under which each major head is classified, and may be further sub-divided into two or more subordinate heads.
(c) "Subordinate head" means the head of accounts immediately subordinate to a minor head under which each minor head is classified and may be further sub-divided into two or more primary units.
(d) "Primary unit" means the ultimate group or groups into which individual items of expenditure in the budget estimates are arranged.
### 2. Reductions of transfers. - (1) Subject to the provisions of sub-section (1) of section 101, the Corporation may, on the recommendation of the Standing Committee from time to time during an official year, sanction the transfer of any amount from one budget grant to another. (2)
The Standing Committee may at any time during an official year-
(a) reduce the amount of a budget grant;
(b) sanction the transfer of any amount within a budget grant from one minor head to another or from a subordinate head under one minor head to a subordinate head under another minor head; or
(c) sanction the transfer of any amount exceeding rupees five thousand within a minor head from one subordinate head to another or from one primary unit to another.
(3) The Commissioner may, at any time during an official year, sanction the transfer of any amount not exceeding rupees five thousand within a minor head from one subordinate head to another or from one primary unit to another, if such transfer does not involve a recurring liability:
Provided that every transfer of an amount exceeding rupees five hundred made under sub-rule (3) shall be reported forthwith by the Commissioner to the Standing Committee.
(4) When making any transfer under sub-rules (1), (2) and (3), due regard shall be had to all the requirements of this Act.
(5) If any such reduction as is referred to in clause (a) of sub-rule (2) is of an amount exceeding five hundred rupees, the Corporation may pass with regard thereto such orders as it may think fit, and it shall be incumbent on the Standing Committee and the Commissioner to give effect to such order.
(6) For the purpose of expenditure from the Transport Fund, the provisions of this rule shall apply as if for the words "Standing Committee" the words "Transport Committee" and for the words "Commissioner" the words "Transport Manager" had been substituted.
Chapter VIII
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Taxation Rules Notice of Transfer, Etc., of Premises Assessable to Property Taxes
### 1. Notice to be given to Commissioner of all transfers of title of persons primarily liable to payment of property tax. - (1) Whenever the title of any person primarily liable for the payment of property taxes on any premises to or over such premises is transferred, the person whose title is so transferred and the person to whom the same shall be transferred shall, within three months after execution of the instrument of transfer, or after its registration, if it be registered or after the transfer is effected, if no instrument be executed, give notice of such transfer, in writing to the Commissioner. (2)
In the event of the death of any person primarily liable as aforesaid, the person to whom the title of the deceased shall be transferred, as heir or otherwise, shall give notice of such transfer to the Commissioner within one year from the death of the deceased.
### 2. Form of notice. - (1) The notice to be given under rule 1 shall be in such form as the Commissioner may from time to time by public notice specify and shall state clearly and correctly all the particulars required by the said form. (2)
On receipt of any such notice, the Commissioner may, if he thinks it necessary, require the production of the instrument of transfer, if any or of a copy thereof obtained under section 57 of the Indian Registration Act, 1908 (XVI of 1908), or, in case of a transfer of the title of a deceased person, of any other document constituting evidence of such transfer.
(3) No such notice shall be deemed to be validly given unless the property taxes due at the date of notice in respect of the premises to which it relates have been paid and unless such fee as may from time to time be prescribed by the Standing Committee for acceptance of the notice has been paid.
### 3. Liability for payment of property taxes to continue in the absence of any notice of transfer. - (1) If any person primarily liable for the payment of a property tax whose title to or over such premises is transferred fails to give notice of such transfer to the Commissioner, he shall, in addition to any other liability which he incurs through such neglect, continue liable for the payment of all property taxes from time to time payable in respect of the said premises until he gives such notice, or until the transfer shall have been recorded in the Commissioner's books. (2)
Nothing in this rule shall be held to diminish the liability of the transferee for the said property taxes, or to affect the prior claim of the Commissioner on the premises conferred by section 141 for the recovery of the property taxes due thereupon.
### 4. Commissioner may call for information from Registrar. - (1) On the written request of the Commissioner, the Registrar or sub-Registrar of the district or sub-district formed for the purpose of the Indian Registration Act, 1908 (XVI of 1908), in which the City is situate shall furnish such particulars regarding the registration of instruments of transfer of title to immovable properties in the City as the Commissioner may from time to time specify. (2)
Such information shall be furnished as soon as may be after the registration of an instrument of transfer is effected or, if the Commissioner so requests, in periodical returns made at such intervals as the Commissioner may fix.
### 5. Notice to be given to Commissioner of the erection of a new building, etc. - (1) When any new building is erected, or when any building is rebuilt or enlarged, or when any building which has been vacant is reoccupied, [or when the user of any building is changed], the person primarily liable for the property taxes assessed on the building shall within fifteen days give notice thereof, in writing, to the Commissioner. (2)
The said period of fifteen days shall be counted from the date of the completion or of the occupation whichever first occurs, of the building which has been newly erected or rebuilt, or of the enlargement, as the case may be, and in the case of a building which has been vacant, from the date of the reoccupation thereof [and where the user has been changed from date of such change.].
### 6. Notice to be given to the Commissioner of demolition or removal of a building. - (1) When any building or any portion of a building which is liable to the payment of a property tax is demolished or removed, otherwise than by order of the Commissioner, the person primarily liable for the payment of the said tax shall give notice thereof in writing to the Commissioner. (2)
Until such notice is given, the person aforesaid shall continue liable to pay every such property tax as he would have been liable to pay in respect of such building if the same, or any portion thereof, had not been demolished or removed:
Provided that nothing in this rule shall apply in respect of a building or portion of a building which has fallen down or been burnt down.
[7. Rateable value how to be determined. - (1) In respect of industrial premises and in respect of any other premises, which the Commissioner may decide to treat as one property having regard to the nature of the premises and the use or uses to which they are put or are capable of being put the rateable value of the buildings and land comprised in such premises shall be determined premises-wise.
(2) For the purpose of fixing the rateable value, different parts of any premises may be valued according to their use.
(3) In order to fix the rateable value of any building or land assessable to property tax, there shall be deducted from amount of the [annual letting value of such building land or premises a sum equal to ten per cent, of such annual letting value] and said deduction shall be in lieu of all allowances for repairs or on any other account whatever..]
### 8. Commissioner may call for information or return from owner or occupier or enter and inspect assessable premises. - (1) To enable him to determine the value of any building or land [or premises] and the person primarily liable for the payment of any property tax leviable in respect thereof, the Commissioner may require the owner or occupier of such building or land, [or premises] or of any portion thereof, to furnish him, within such reasonable period as the Commissioner prescribes in this behalf, with information or with a written return signed by such owner or occupier,- (a)
as to the name and place of abode of the owner or occupier, or of both the owner and occupier of such building or land [or premises];
(b) as to the dimensions of such building or land [or premises], or of any portion thereof and the rent, if any, obtained for such building or land [or premises] or any portion thereof; and
(c) as to the actual cost or other specified details connected with the determination of the value of such building or land [or premises].
(2) Every owner or occupier on whom any such requisition is made shall be bound to comply with the same and to give true information or to make a true return to the best of his knowledge or belief.
(3) Whoever omits to comply with any such requisition or fails to give true information or to make a true return to the best of his knowledge or belief shall, in addition to any penalty to which he may be liable, be precluded from objection to any assessment made by the Commissioner in respect of such building or land [or premises] of which he is the owner or occupier.
(4) The Commissioner may also, for the purpose aforesaid, make an inspection of any such building or land [or premises],
Assessment Book
### 9. Assessment book what to contain. - The Commissioner shall keep a book, to be called the assessment book, in which shall be entered every official year- (a) a list of all [buildings or lands or as the case may be, premises] in the City, distinguishing each either by name or number as he shall think fit, and containing such particulars regarding the location or nature of each as will, in his opinion, be sufficient for identification;
(b) the rateable value of each such [building or land or as the case may be, premises] determined in accordance with the provisions of this Act and the rules;
(c) the name of the person primarily liable for the payment of the property taxes, if any, leviable on each such building or land [or as the case may be premsies];
(d) if any such building or land [or as the case may be premsies] is not liable to be assessed to the general tax, the reason of such non-liability;
(e) when the rates of the property-taxes to be levied for the year have been duly fixed by the Corporation [and either the period] fixed by public notice, as hereinafter provided, or the receipt of complaints against the amount of rateable value entered in any portion of the assessment book has expired, [or the complaint, if any, made against any entry has been disposed of in accordance with the provisions hereinafter contained], the amount of which each building or land [or premises] entered in such portion of the assessment-book is assessed to each of the property taxes, if any, leviable therein;
(f) if, under section 134 or 135, a charge is made for water supplied to any building or land [or premises] by measurement, or the water-tax or charge for water by measurement is compounded for, or if, under section 137, the conservancy tax for any building or land [or premises] is fixed at a special rate, the particulars and amount of such charges, composition or rate;
(g) such other details, if any, as the Commissioner from time to time thinks fit to direct.
### 10. The assessment-book to be made separately for each ward and in parts, if necessary. - [(1) The assessment-book may, if the Commissioner thinks fit, be divided into sections with reference to such purposes as the Commissioner may determine and each section may be given a name or number as the Commissioner may determine.] [(2) The sections of the assessment-book shall collectively constitute the assessment-book.]
### 11. Treatment of property which is let to two or more persons in separate occupancies. - (1) When any building or land [or premises] id let to two or more persons holding severally, the Commissioner may, for the purpose of assessing such building or land [or premises] to the property taxes, either treat the whole thereof as one property, or, with the written consent of the Owner of such building or land [or premises], treat each several holding therein or any two or more of such several holdings together, or each floor or flat as a separate property. (2)
When the Commissioner has determined to treat all the several holdings comprised within any one building or land [or premises] under this section as one property, he may, subject to any general conditions which may from time to time be prescribed by the Standing Committee in this behalf, at any time not later than seven days before the first day of any half-year for which an instalment of general tax will be leviable in respect of the said property, sanction a draw-back of one-fifth part of the general tax so leviable.
(3) Every person who applies for a draw-back under sub-rule (2) shall furnish to the Commissioner full and correct information regarding, the property in respect of which the claim for draw-back is made and the several holdings comprised therein in such form and with such particulars as may be required by the Commissioner in accordance with the general conditions prescribed in this behalf by the Standing Committee.
### 12. Procedure where name of person primarily liable for property-taxes cannot be ascertained. - (1) When the name of the person primarily liable for the payment of property-taxes in respect of any premises cannot be ascertained, it shall be sufficient to designate him in the assessment-book and in any notice which it may be necessary to serve upon the said person under this Act, "the holder" of such premises, without further description. (2)
If, in any such case, any person in occupation of the premises shall refuse to give such true information as may be requisite for determining who is primarily liable as aforesaid, such person shall himself be liable, until such information is obtained, for all property-taxes leviable on the premises of which he is in occupation.
### 13. Public notice to be given when valuation of property in any ward has been completed. - (1) When the entries required by clauses (a), (b), (c) and (d) of rule 9 have been completed, as far as practicable [in the assessment-book or any section thereof], the Commissioner shall give public notice thereof and of the place [where the assessment book or the section]; or a copy of it, may be inspected. (2)
Such public notice shall be given by advertisement in the local newspapers and also by posting play cards in conspicuous places [in the City].
### 14. Assessment book to be open to inspection. - (1) Every person who reasonably claims to be the owner or occupier of some premises entered in the assessment-book or the agent of any such owner or occupier shall be permitted, free of charge, to inspect and [to take extracts of any entry from] any portion of the said book which relates to the said premises.
(2) Any person not entitled under sub-rule (1) to inspect and take extracts from any portion of the assessment-book free of charge shall be permitted to do so on payment of such fee as shall from time to time be prescribed in this behalf by the Commissioner, with the approval of the Standing Committee.
### 15. Time for filing complaints against valuations to be publicly announced. - (1) The Commissioner shall, at the time and in the manner prescribed in rule 13, give public notice of a day, not being less than fifteen days from the publication of such notice, on or before which complaints against the amount of any rateable value entered in the [assessment-book] will be received in his office. (2)
In every case in which any premises for the first time been entered in the assessment-book as liable to the payment of property-taxes, or in which the rateable value of any premises liable to such payment has been increased, the Commissioner shall, as soon as conveniently may be after the issue of the public notice under sub-rule (1) , give a special written notice to the owner or occupier of the said premises specifying the nature of such entry and informing him that any complaint against the same will be received in his office at any time within fifteen days from the service of the special notice.
### 16. Time and manner of filing complaints against valuation. - (1) Every complaint against the amount of any rateable value entered in the assessment-book or against the mention of the name of any person as primarily liable for the payment of property taxes [or against any entry indicating the use of any building or land or premises] or against the treatment of any building or land as liable to be assessed to the general tax must be made by written application to the Commissioner, which shall be left at his office on or before the day or the latest day fixed in this behalf in the public or special notice aforesaid. (2)
Every such application shall set forth briefly but fully grounds on which the valuation is complained against.
### 17. Notice to complainants of day fixed for investigating their complaints. - The Commissioner shall cause all complaints so received registered in a book to be kept for this purpose and shall give notice in writing, to each complainants, of the day, time and place when and whereat his complaint will be investigated. ###
18. Hearing of complaint. - (1) At the time and place so fixed, the Commissioner shall investigate and dispose of the complaint in the presence of the complainant, if he shall appear, and, if not, in his absence.
(2) For reasonable cause, the Commissioner may from time to time adjourn the investigation.
(3) When the complaint is disposed of, the result thereof shall be noted in the book of complaints kept under rule 17 and any necessary amendment shall be made in accordance with such result in the assessment-book.
[19. Entries in assessment-book to be conclusive evidence. - Entries required by clause (e) of rule 9 shall be made on the disposal of the complaint, if any, and thereupon the entries so made in the assessment-book, subject to such alterations as may thereafter be made therein under rule 5 or 20, shall be conclusive evidence as to the amount of the respective property tax leviable on the respective building, land or premises in the official year to which the assessment-book relates ]
### 20. Assessment-book may be amended by the Commissioner during the official year. - (1) Subject to the provisions of sub-rule (2), the Commissioner may upon representation of any person concerned or upon any other information at any time during the official year to which the assessment-book relates amend the same,- (a)
by inserting therein the name of any person whose name ought to be so inserted or any premises previously omitted;
(b) by striking out the name of any person not liable to the property tax;
(c) by increasing or reducing the amount of any rateable value and of the assessment based thereupon;
(d) by altering the assessment on any land or building [or premises] which has been erroneously valued or assessed through fraud, accident or mistake;
(e) by inserting or altering an entry in respect of any building erected, re-erected ,altered, added to or reconstructed in whole or in part after the preparation of the assessment-book;
(f) by making or cancelling any entry exempting any premises from liability to any property tax.
(2) Where any amendment is made under sub-rule (1) which has the effect of imposing on any person any liability for the payment of property taxes which would not be incurred but for such amendment or which has the effect of increasing the rateable value of premises as stated in the assessment-book, a special written notice as provided in sub-rule (2) of rule 15 shall be given by the Commissioner and, as far as may be, the procedure laid down in rules 16, 17 and 18 shall be followed.
(3) Every such amendment shall be deemed to have been made, for the purpose of determining the liability or exemption of the person concerned in accordance with the altered entry, from the earliest day in the current official year when the circumstances justifying amendment existed.
### 21. New assessment-book need not be prepared every official year. - (1) It shall not be necessary to prepare a new assessment-book every official year. Subject to the provisions of sub-rule (2), the Commissioner may adopt the entries in the last preceding year's book with such alterations as he thinks fit, as the entries for each new year. Provided that public notice shall be given in accordance with rules 13 and 15 every year and the provisions of the said rules and of rules 16 to 20, both inclusive, shall be applicable each year.
[Provided further that if the Commissioner adopts any entries in the last preceding year's book with or without any alteration, the Commissioner shall, in respect of such adopted entries, give effect to every final appellate decision under Part III of Chapter XXVI for all official years subsequent to the official year to which such entries have been made by adopting them as aforesaid.]
(2) A new assessment-book shall be prepared at least once in every four years.
21A. Assessment etc., of tax in the event of failure to give notice under rule 5. - Whenever it is noticed by the Commissioner that a new building has been erected or a building has been rebuilt or enlarged or any building which was vacant has been reoccupied or the user of any building has been changed and that the person primarily liable for the property taxes on such building has failed to give notice as required by sub-rule (1) of rule 5, the Commissioner may, with a period of one year from the date on which the aforesaid relevant facts came to his notice, proceed to fix or refix the rateable value of such building and assess or reassess the property taxes on such building in accordance with the provisions of this Act and these rules with reference to the period commencing from the year during which the building was newly erected or the building was rebuilt or enlarged or was reoccupied or the change of user took place and accordingly the taxes so assessed may be levied, collected and recovered and the provisions of this Act and these rules shall so far as may be, apply to such levy, collection and recovery.
### [21B. Circumstances in which assessment book may be prepared, completed etc., after the expiry of year to which it relates. - Nothing in the foregoing provisions of this Chapter shall affect the preparation and completion of the assessment-book or of any part thereof or of any entry therein after the expiry of the year to which it relates, if such preparation or completion was not possible before the expiry of the year on account of any order of a court or any other competent authority, and the levy, collection and recovery of any tax based on such assessment-book, part or as the case may be entry shall not be called in question merely on the ground that the assessment-book, part, or as the case may be, entry was not prepared or completed during the year to which it relates.]
Special Provisions Regarding Tax on Vehicles, Boats and Animals
### 22. Person responsible for the payment of the Tax on vehicles, boats and animals. - (1) The tax on vehicles, boats and animals shall be leviable from the owner of or person having possession or control of any vehicle, boat or animal in respect of which the said tax is leviable: Provided that in the case of an animal generally used or employed in drawing any vehicle the tax in respect of such animal shall be leviable from the owner of, or the person having possession or control of, such vehicle, whether or not such animal is owned by such owner or person.
(2) For the purposes of this rule, the person in whose name a motor vehicle is for the time being registered under the Motor Vehicles Act, 1939, shall, until the contrary is proved, be presumed to be the owner or person in possession or control of such motor vehicle.
### 23. Vehicle, boat and animal tax book to be kept. - (1) The Commissioner shall keep a book, in which shall be entered from time to time,- (a)
a list of the persons to pay any tax under rule 22;
(b) a specifications of the vehicles, boats and animals in respect of which the said persons are, respectively, liable to the said tax;
(c) the amount of tax payable by each such person and the period for which it is payable;
(d) the particulars of even composition made under section 144.
(2) Any person whose name is entered in the said book, or the agent of any such person, shall be permitted, free of charge, to inspect and take extracts from any portion of the said book which relates to such person.
(3) Any person not entitled under sub-rule (2) to inspect and take extracts form any portion of the said book free of charge, shall be permitted to do so on payment of such fee as shall from time to time be prescribed in this behalf by the Commissioner, with the approval of the Standing Committee.
### 24. Returns from owners of premises and persons liable to the tax. - (1) The owner of any premises let to or occupied by more than one person owning or having possession or control of vehicles, boats and animals liable to the payment of the tax on vehicles, boats and animals shall on or before the first day of April and the first day of October in each year furnish the Commissioner with, a written return signed by such owner of the name and address of each of the said persons, and of the animals, boats and vehicles owned by or in the possession or under the control of each of the said persons kept upon such owner's premises. (2)
Every person who owns or has in his possession a vehicle, boat or animal liable to the payment of the tax on vehicles, boats and animals shall on or before the first day of April and the first day of October in each year, or within fifteen days of the receipt of a special notice in this behalf from the Commissioner furnish the Commissioner with a written return, signed by such person and containing such information concerning the vehicle, boat or animal, if any, owned by or in the possession or under the control of such person as the Commissioner from time to time specifies by public notice.
(3) Every such owner or person as is referred to in sub-rule (1) and sub-rule (2), respectively, shall be bound to make a true return to the best of his knowledge or belief, whether or not he is liable to the payment of the tax.
### 25. Notice to be given to Commissioner by a person who becomes owner or possessed of a vehicle, boat or animal in respect of which liability arises, etc. - (1) Every person who becomes the owner or obtains possession or control of any vehicle, boat or animal in respect of which the said tax is leviable shall give notice in writing to the Commissioner within fifteen days after he has become the owner or has obtained possession or control of such vehicle, boat or animal, of the fact that he has become the owner or has obtained possession or control of such vehicle, boat or animal as the case may be. (2)
Every person who ceases to own or have possession or, control of any vehicle, boat or animal in respect of which the said tax is leviable shall give notice in writing to the Commissioner of the fact that he has ceased to own or have possession or control of such vehicle, boat or animal. Such person shall, in addition to any other penalty to which he may be liable, continue to be liable for the payment of the said tax leviable from time to time in respect of such vehicle, boat or animal until he gives such notice:
Provided that nothing herein contained shall be held to diminish the liability to pay the said tax of the person who becomes the owner or obtains possession or control of such vehicle, boat or animal or affect the prior claim of the Commissioner on such vehicle, boat or animal for the recovery of any tax due in respect thereof.
Special Provisions Relating To [\*\*\*] Tolls
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### 27. Table of tolls to be affixed in a conspicuous position. - The Commissioner shall cause a table of the tolls for the time being leviable specifying the amounts and the terms on which the liability to pay the toll may be compounded by periodical payments, to be printed in such language or languages as the Corporation may from time to time specify in this behalf, and to be affixed in a conspicuous position at every place at which the said tolls are levied. [\*\*\*]
Collection of Taxes
### 30. Property-taxes, payable half-yearly in advance. - Each of the property-taxes shall be payable in advance in half-yearly instalments on each first day of April and each first day of October. ###
31. Tax on vehicles' boats and animals payable in advance. - (1) The tax on vehicles, boats and animals, including the tax payable under the proviso to clause (f) of sub-section (1) of section 143, shall be paid half-yearly in advance on each first day of April and each first day of October.
If in any half-year a vehicle, boat or animal becomes liable to such tax, such tax shall be leviable thereon from the earliest day in the half-year on which such vehicle, boat or animal so becomes liable and the amount of tax leviable for such half-year shall be, if such earliest day occurs-
(a) in the first two months of such half-year, the whole tax for such half-year,
(b) in the third or fourth month of such half-year, two-thirds of the tax for such half-year;
(c) in the last two months of such half-year, one-third of the tax for such half-Year, provided that no tax shall be leviable for such' half-year if such earliest day occurs within the last twenty days of such half-year.
(2) Notwithstanding anything in sub-rule (1), the Commissioner may, with the previous approval of the Corporation, by public notice declare that the tax payable in respect of such class of vehicles other than motor vehicles or in respect of such animals as are specified in the notice shall be payable yearly in advance on each first day of April and, in the event of such notice being given, if a vehicle or animal affected by such notice becomes liable to the tax during the course of the year, the tax shall be leviable thereon from the earliest day in such year, and the amount of tax leviable for such year shall be, if such earliest day occurs-
(a) in the first quarter of such year, the whole tax for such year,
(b) in the second quarter of such year, two-thirds of the tax for such year,
(c) in the third quarter of such year, one-half of the tax for such year,
(d) in the last quarter of such year, one-third of the tax for such year.
Provided that no tax shall be levied for such year if such earliest day occurs within the last twenty days of such year.
### 32. Display of tokens, badges or disc on vehicles liable to tax on vehicles, boats and animals. - (1) Every person who pays the tax on vehicles, boats and animals in respect of any vehicle shall be given a token or badge or disc indicating clearly the period for which the tax has been paid and bearing a distinctive number and shall at all times display such token, badge or disc prominently on such vehicle. (2)
Any vehicle found in the City on which no such token, badge or disc is displayed may, if there is reason to believe that such vehicle is liable to the tax on vehicles, boats and animals and if the owner of such vehicle is not known or cannot be traced, be seized by any municipal officer authorised in this behalf by the Commissioner and detained.
(3) If any person, within one month of the seizure of a vehicle under sub-rule (2), establishes his claim thereto to the satisfaction of the Commissioner, the Commissioner shall order such vehicle to be delivered to such person upon payment by such person of the amount of tax, if any, due and of such amount as the Commissioner may fix as the costs of seizure and detention.
(4) If within the said period of one month the vehicle is not claimed by any person or if no claim made under sub-rule (3) is established to the satisfaction of the Commissioner, the vehicle may be sold by public auction and the proceeds of such sale, after deducting the tax, if any, due and all costs incurred on seizure, detention and sale shall be delivered to any person who within six months of the sale establishes his claim thereto or, if no such claim is received or established, shall be forfeited to the Corporation.
(5) For every token, badge or disc given under sub-rule (1), a fee shall be payable of such amount as the Commissioner may, with the previous approval of the Standing Committee, prescribe for each kind of token, badge or disc.
[\*\*\*]
### 34. Tolls payable on a demand. - (1) Tolls shall be payable on demand. (2)
Every person authorised by the Commissioner to demand tolls shall tender to every person on whom the demand is made a bill showing the amount of the toll and the rate at which it is claimed.
### 35. Collection of [tolls] how to be effected. - [Tolls] may be collected under the orders of the Commissioner by municipal officers and servants appointed in this behalf or, if the Commissioner thinks fit, may, with the approval of the Standing Committee, be framed by him for any period not exceeding one year at a time or be collected by or under the orders of any person whom the Commissioner, with the approval of the Standing Committee, appoints to be his agent for this purpose. ###
36. Theatre tax payable in advance. - Theatre tax shall be payable at the chief municipal office or at such other place or places as the Commissioner may from time to time appoint in this behalf at least twelve hours in advance of the commencement of the performance in respect of which the tax is due by the person responsible for the management of such performance.
### 37. Payment of Theatre Tax for series of performances in lump. - The Commissioner may arrange with any person liable for the payment of Theatre Tax in respect of a series of performances intended to be given of any amusement or entertainment for the payment by such person in one amount for such series extending over not more than one month at a time in lieu of separate payments for each performance. ###
38. Recovery of Theatre Tax in case of default. - If the Theatre Tax is not paid in respect of any performance the Commissioner shall, by written notice, call upon the defaulter to pay the amount due within such period as may be specified in the notice and may, if the payment is not made within the specified period, recover the amount by distress and sale of the moveable property or attachment and sale of the immoveable property of the defaulter as if the amount were a property tax due by him.
### 39. Presentation of bills for certain taxes. - (1) When any property tax or tax on vehicles, boats and animals or any tax declared by or under this Act to be recoverable in the manner provided for a property tax, or any instalment of any such tax shall become due, the Commissioner shall with the least practicable delay, cause to be served on the person liable for the payment thereof a bill for the sum due. (2)
Every such bill shall specify the period for which and the premises, property, occupation, vehicle, boat, animal, or thing in respect of which the tax is charged, and shall also give notice of the time within which an appeal may be preferred against such tax and of the consequences of default in payment as hereinafter provided.
### 40. When one bill may be presented for several claims. - (1) All the sums due for each period for all or any of the property taxes by any one person on account of one and the same property shall be charged to such person in one bill and shall be recoverable from him in the lump: Provided that nothing herein contained shall affect the liability of such person to any increased tax to which he may be assessed on account of the said property owing to a revision of the rateable value.
(2) If any one person is liable for all or any of the said taxes on account of more properties than one, it shall be competent to the Commissioner to charge to such person in one or several bills, as he shall think fit, the several sums payable by him on account of such properties:
Provided that if such person, by written notice to the Commissioner, request to be furnished with several bills, the Commissioner shall comply with such request in respect of all the said taxes for which such person becomes liable after receipt by the Commissioner of the notice.
### 41. Notice of demand. - (1) If the amount of tax for which any bill has been served as aforesaid is not paid into the municipal office or deposited with the Commissioner as required by sub-section (2) of section 406 within fifteen days from the service thereof, the Commissioner may cause to be served upon the person liable for the payment of the same a notice of demand in Form G or to the like effect. (2)
For every notice of demand which the Commissioner causes to be served on any person under this section, a fee which shall amount to eight annas if the amount of the bill does not exceed one hundred rupees and to eight annas for every hundred rupees or part thereof if the amount of the bill exceeds one hundred rupees shall be payable by the said person and shall be included in the costs of recovery.
### 42. Distress or attachment. - (1) If the person on whom a notice of demand has been served under rule 41 does not within fifteen days from such service pay the sum demanded or show sufficient cause for non-payment of the same to the satisfaction of the Commissioner and if no appeal [is preferred or entertained] against the said tax, as hereinafter provided, such sum, with all costs of the recovery, may be levied under a warrant in Form H or to the like effect, to be issued by the Commissioner, by distress and sale of the moveable property of the defaulter or the attachment and sale of the immovable property of the defaulter or, if the defaulter be the occupier of any premises in respect of which property tax is due, by distress and sale of any moveable property found on the said premises or if the tax be due in respect of any vehicle, boat or animal, by distress and sale of such vehicle, boat or animal in whomsoever's ownership, possession or control, the same may be. (2)
If after the service of the notice of demand the amount of the said tax is paid but the fee for the notice is not paid the sum due on account of the said fee may be levied under a warrant in the Form H (mutatis mutandis) to be issued by the Commissioner in the same manner as if such sum were due on account of the tax.
### 43. Property of defaulter may be distrained or attached wherever found. - (1) Where any property of a defaulter or any vehicle, boat or animal liable to be distrained or attached is situate within the City, the warrant issued under rule 42 shall be addressed to an officer of the Corporation. (2)
Where such property, vehicle, boat or animal is situate outside the City, the warrant shall be addressed to-
(a) the Registrar, Court of Small Causes, [Ahmedabad], if such property, vehicle, boat or animal is situate in the City of [Ahmedabad];
(b) the Commissioner, if such property, vehicle, boat or animal is situate in a City;
(c) the Chief Officer or the Vice-President, if such property, vehicle, boat or animal is situate in a municipal borough or municipal district, respectively;
(d) the Executive Officer of the Cantonment if such property, vehicle, boat or animal is situate in a cantonment;
(e) an officer of Government not lower in rank, than a Mahalkari if such property, vehicle, boat or animal is situate elsewhere.
(3) Any officer to whom a warrant is addressed under sub-rule (2) may endorse such warrant to a subordinate office.
### 44. Warrant how to be executed in case of moveable property. - (1) It shall be lawful for the officer to whom a warrant for the distraint and sale of any moveable property issued under rule 42 is addressed or endorsed to break open at any time between sunrise and sunset any outer or inner door or window of any building in order to make any distress directed in the warrant, if he has reasonable ground for believing that such building, contains property which is liable to seizure under the warrant, and if, after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtain admittance: Provided that such officer shall not enter or break open the door of (my apartment appropriated for women, until he has given such women an opportunity to remove.
(2) It shall also be lawful for such officer to distrain, whenever the same may be found, any property of the person named in the said warrant as defaulter, provided that the following property shall not be distrained, namely:-
(a) the necessary wearing apparel and bedding of the defaulter, his wife and children;
(b) the tools of artisans;
(c) if the defaulter is an agriculturist, his implements of husbandry, seed-grain and such cattle as may be necessary to enable the defaulter to earn his livelihood.
### 45. Warrant how to be executed in case of immovable property. - (1) When a warrant is issued under rule 42 for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge, and declaring that the property will be sold unless the amount due, with the costs of recovery, are paid into the municipal office within five days. (2)
Such order shall be proclaimed at some place on or adjacent to the property by beat of drum or other customary mode, and a copy of the order shall be fixed on a conspicuous part of the property and upon a conspicuous part of the municipal office and also, when the property is land paying revenue to the [State] Government, in the office of the Collector of the district in which the land is situate.
(3) Any transfer of a charge on the property attached or of any interest therein made without the written permission of the Commissioner shall be void as against all claims of the Corporation enforceable under the attachment.
### 46. Inventory and notice of distress and sale. - The officer charged with the execution of a warrant of distress shall forthwith make an inventory of the moveable property or vehicles, boats or animals which he seizes under such warrant and shall at, the same time give a written notice in Form 1 or in a similar form to the person in possession thereof at the time of seizure that the said property or vehicles, boats or animals will be sold as therein mentioned. ###
47. Sale. - (1) Where the property seized is subject to speedy and natural decay or when the expense of keeping it in custody together with the amount to be levied is likely to exceed its value, the Commissioner shall at once give notice to the person in whose possession the property was, when distrained, to the effect that it will be sold at once, and shall sell it accordingly unless the sum due and the costs of recovery are paid forthwith.
(2) If not sold at once under sub-rule (1), the property distrained or attached or, in the case of immovable property, a sufficient portion thereof may, after the expiry of the period stated in sub-rule (1) of rule 45, or named in the notice served under rule 46, as the case may be, sold by public auction by order of the Commissioner, unless the warrant is suspended by him or the sum due the costs of recovery are paid by the defaulter, and the Commissioner shall apply the proceeds or such part thereof as shall be requisite in discharge of the sum due and of the costs of recovery.
(3) The surplus, if any, shall be forthwith credited to the Municipal Fund, but, if the same be claimed by written application to the Commissioner within six months from the date of the sale, a refund thereof shall be made to the person in possession of the property at the time of the seizure or attachment and any surplus not claimed within six months as aforesaid shall be the property of the Corporation.
(4) Where the sum due and the costs of recovery are paid by the defaulter before a sale is effected, the property seized shall be returned to him and the attachment, if any, of immovable property shall be deemed to have been removed.
(5) Sales of immovable property under this rule shall be held in the manner laid down in the standing orders.
(6) After sale of the immovable property as aforesaid, the Commissioner shall put the person declared to be the purchaser in possession of the same and shall grant him a certificate to the effect that he has purchased the property to which the certificate refers.
(7) It shall he lawful for the Commissioner on behalf of the Corporation to offer a nominal bid in the case of any immovable property put up for sale, provided the previous approval of the Standing Committee is obtained to such bidding.
(8) The Commissioner may direct the removal from the immovable property by any police officer of any person who obstructs him in any action taken in pursuance of sub-rule (6) and may also use such force as is reasonably necessary to effect entry on the said property.
### 48. Sale outside City. - (1) When the warrant is addressed outside the City, the Commissioner may by endorsement direct the person to whom the warrant is addressed to sell the property distrained or attached; and in such case it shall be lawful for such person to sell the property and to do all things incidental to the sale in accordance with the provisions of rule 47 and to exercise the powers and perform the duties of the Commissioner under the said rule in respect of such sale, except the power of suspending the warrant. (2)
Such person shall, after deducting all costs of recovery incurred by him, remit the amount recovered under the warrant to the Commissioner, who shall dispose of the same in accordance with the provisions of the said rule.
### 49. Special provisions in regard to non-payment of [\*\*\*] toll. - (1) In the case of [non-payment of any toll on demand by any person authorised in this behalf by the Commissioner, such person may seize any goods] any vehicle or animal on which the toll is chargeable or any part of the burden of such vehicle or animal which is in his opinion of sufficient value to satisfy the demand together with the expenses incidental to the seizure, detention and eventual sale, if necessary, of such animal, goods, vehicles, burden or part thereof, and may detain the same. He shall thereupon give the person in possession of the vehicle, animal or thing seized a list of the property together with a written notice in Form I. (2)
When any property seized is subject to speedy decay or when the expense of keeping it together with the amount of the [
**\*] toll chargeable is likely to exceed its value, the person seizing such property may inform the person in whose possession it was that it will be sold at once; and shall sell it or cause it to be sold accordingly unless the amount of [**
\*] toll demanded and the expenses incidental to the seizure be forthwith paid.
(3) If at any time before a sale has begun, the person from whose possession the property has been seized, tenders at the municipal office the amount of all expenses incurred and of the [\*\*\*] toll payable, the Commissioner shall forthwith deliver to him the property seized.
(4) If no such tender is made, the property seized may be sold, and the proceeds of such sale shall be applied in payment of such [toll], and the expenses incidental to the seizure, detention and sale.
(5) The surplus, if any, of the sale proceeds shall be credited to the Municipal Fund, and may, on application made to the Commissioner in writing within six months next after the sale, be paid to the person in whose possession the property was when seized, and if no such application is made, shall become the property of the Corporation.
(6) The expenses incidental to the seizure of any property under this rule shall be determined in such manner as the Commissioner may specify in this behalf but shall not in any case exceed ten per cent of the amount of [\*\*\*] toll payable.
### 50. Fees for warrants issued, etc. - For every warrant issued, distraint or attachment made and for the maintenance of any animal seized fees shall be charged at such rates as the Corporation may from time to time specify with the sanction of the [State] Government and such fees shall be included in the costs of recovery. ###
51. Fees for cost of recovery may be remitted. - The Commissioner may, in his discretion, remit the whole or any part of any fee chargeable under rule 41 or 50.
### 52. Attachment of rent due. - (1) Where a bill for any sum due on account of any property-tax is served upon an occupier of premises pursuant to sub-section (1) of section 140, the Commissioner may at the time of service or at any subsequent time cause to be served upon the occupier a notice requiring him to pay to the Corporation any rent due or falling due from him to the person primarily liable for the payment of the said tax to the extent necessary to satisfy the said sum due. (2)
Such notice shall operate as an attachment of the said rent until the said sum due on account of property-tax shall have been paid and satisfied, and the occupier shall be entitled to credit an account with the person to whom the said rent is due for any sum paid by him to the Corporation in pursuance of such notice.
(3) If the occupier shall fail to pay to the Corporation any rent due or falling due which he has been required to pay in pursuance of a notice served upon him as aforesaid, the amount of such rent may be recovered from him by the Corporation as if it were an arrear of property-tax under section 140, provided that sub-section (3) of the said section shall not apply to such recovery.
### 53. Summary proceedings may be taken against persons about to leave the City. - (1) If the Commissioner shall at any time have reason to believe that any person from whom any sum is due on account of any tax other than [\*\*\*] a toll or Theatre Tax is about forthwith to remove from the City, the Commissioner may direct the immediate payment by such person of the sum so due by him and cause a bill for the same to be served on him. (2)
If, on service of such bill the said person does not forthwith pay the sum due by him or show cause to the satisfaction of the Commissioner for not doing, so, the amount shall be leviable by distress and sale in the manner hereinbefore prescribed, except that it shall not be necessary to serve upon the defaulter any notice of demand, and the Commissioner's warrant for distress and sale may be issued and executed without any delay.
### 54. Defaulters may be sued for arrears, if necessary. - Instead of proceeding against a defaulter by distress, attachment and sale as hereinbefore provided, or after a defaulter shall have been so proceeded against unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the case may be, by such defaulter, on account of a tax may be recovered from him by a suit in any Court of competent jurisdiction. ###
55. Special provisions for service of bills for taxes. - Notwithstanding anything contained in sections 472, 473 and 474, a bill for any municipal tax may be served upon the person liable therefor by sending it by ordinary post, under certificate of posting, in a prepaid letter addressed to such person at his last known abode or place of business in the City, and every bill so sent shall be deemed to have been served on the day following the day upon which the envelop or wrapper containing such bill was put in the post and, in proving such service, it shall be sufficient to prove that the envelope or wrapper, containing the bill was properly addressed and put in the post under certificate of posting.
Refunds
### 56. Refund of property taxes on account of vacancies. - (1) When any building or land or any portion of any premises which has been treated as a separate property for the purpose of assessment under any provision of this Act, has been vacant for not less than thirty consecutive days the Commissioner shall, subject to the provisions hereinafter contained, refund the amount of the water tax and conservancy tax, if any, paid for the number of days that such vacancy lasted. (2)
When any building or land or any portion of any premises which has been treated as a separate property for the purpose of assessment under any provision of this Act, has been vacant for not less than sixty consecutive days the Commissioner shall, subject to the provisions hereinafter contained, refund two-thirds of the amount of the general tax, if any, paid for the number of days that such vacancy lasted:
Provided that no refund of general tax shall be claimable in any case in which the Commissioner has sanctioned a drawback under the provisions of rule 11.
Explanation. - For the purpose of this rule-
(a) premises shall be deemed to be vacant only if they were unoccupied and unproductive of rent;
(b) premises shall be deemed to be productive of rent if let to a tenant having a continuing right of occupation thereof, whether they are actually occupied by such tenant or not;
(c) premises furnished or reserved by the owner for his own occupation whenever required shall be deemed to be occupied, whether they are actually occupied by the owner or not;
(d) premises used or intended to be used for the purpose of any industry which is seasonal in character shall not be deemed to be vacant merely on account of their being unoccupied and unproductive of rent during such period or periods of the year in which seasonal operations are normally suspended;
(e) a vacancy which has continued during the whole of the month of February shall be deemed to have continued for not less than thirty consecutive days.
### 57. Refund not claimable unless notice of vacancy is given to Commissioner. - (1) No refund of any property tax shall be claimed from the Commissioner as aforesaid, unless notice in writing of the vacancy shall have been given by the person liable for the tax, or his agent, to the Commissioner. (2)
No refund shall be paid by the Commissioner for any period previous to the day of the delivery of such notice unless the notice is given within seven days of the occurrence of the vacancy, in which case refund shall be paid as from the date of the occurrence of the vacancy.
(3) When a vacancy continues from one period in respect of which property taxes, or any instalment thereof, are recoverable into the next following period, no refund of any property tax shall be claimable from the Commissioner as aforesaid on account of such continued vacancy, unless notice thereof shall be given to the Commissioner as aforesaid within thirty days from the commencement of the said next following period and such notice of vacancy shall be required notwithstanding that notice of vacancy required to be given under sub-rule (1) was not given until after the expiry of the period in which the vacancy occurred.
### 58. Refund of water-tax inadmissible unless application for stopping water supply has been made. - No refund of water tax shall be claimable in respect of premises with a separate water connection unless a written application shall have been made to the Commissioner to stop the water supply to the vacant premises. ###
59. Applications for refund when and how to be made. - It shall be in the discretion of the Commissioner to disallow any claim for refund of any property tax unless application therefor is made to him in writing within thirty days after the expiry of the period to which the claim relates, accompanied by the bill served on the applicant for the amount of the tax from which the refund is claimed.
### 60. Refund of tax on vehicles, boats and animals when and to what extent obtainable. - (1) If the tax leviable on any vehicle, boat or animal in respect of any half-year has been paid and if during such half year such vehicle, boat or animal ceases to be kept within the City or, if kept outside, ceases to be used in the City or is destroyed or is otherwise rendered unfit for use or if such vehicle or boat has been under repairs or if such animal has been kept in any institution for the reception of infirm or disused animals or is certified by a Veterinary Surgeon to have become unfit for use and has not been used, the person who paid the tax leviable on such vehicle, boat or animal shall, subject to the provisions hereinafter contained, and, on the Commissioner or any officer authorised by him being satisfied in this behalf, be entitled to receive from the Commissioner, if the period in such half year for which such vehicle, boat or animal has not been kept in the City or has not been used, on account of such vehicle, boat or animal being destroyed or rendered unfit for use or on account of such vehicle or boat being under repairs or such animal being kept in any institution for the reception of infirm or disused animals or such animal having been certified by a Veterinary Surgeon to have become unfit for use, is- (a)
not less than one hundred and seventy days, the full amount of tax paid,
(b) not less than one hundred and fifty days, three-fourths of the tax paid,
(c) not less than one hundred and twenty days, two-thirds of the tax paid,
(d) not less than ninety days, one-half of the tax paid.
(e) not less than sixty days, one-third of the tax paid.
No refund of the tax shall be granted if such period is less than sixty days.
(2) When a notice has been given under sub-rule (2) of rule 31, this rule shall apply in respect of vehicles and animals affected by the notice as if for each of the periods specified therein, double the period so specified had been substituted.
### 61. Refund not claimable unless notice is given to Commissioner. - (1) No refund of the tax shall be claimable from the Commissioner under rule 60 unless notice in writing of the occurrence of the circumstances giving rise to such claim or of the commencement of circumstances which may give rise to such claim has been given to the Commissioner by the person who paid the tax or his agent. (2)
If such notice is not received by the Commissioner within three days of the occurrence or commencement of the circumstances as aforesaid, the period previous to the date of the receipt of the notice shall be excluded in computing the period referred to in rule 60, for the purpose of granting any refund.
(3) It shall be in the discretion of the Commissioner to disallow any claim for refund of the tax, unless application claiming such refund is made to him in writing before the expiry of fifteen days after the end of the half year to which the claim relates and is accompanied by the bill served on the applicant under rule 39 for the amount of the tax from which the refund is claimed or, if no bill was served, the official receipt for such amount.
### 62. Refund of [\*\*\*] toll on export. - Subject to the standing orders, not less than ninety per cent of the [toll] paid on any goods shall be refunded if such goods are exported beyond the limits of the City within six months of payment: Provided that-
(a) an application for refund shall be made within one week of the date of exportation;
(b) the amount due for refund shall not be less than five rupees;
(c) in the case of goods which have broken bulk, prior intimation has been given to the officer specified in this behalf in the standing orders and the place or places of storage have been reported to him from time to time.
### 63. Refunds of Theatre Tax. - (1) The Commissioner shall refund the amount of the Theatre-Tax paid in respect of a particular performance if he is satisfied on the evidence placed before him and after such further inquiry, if any, as he may deem necessary- (a)
that such performance did not actually take place and that the amount, if any, collected from intending spectators has been refunded in full; or
(b) that the whole of the net proceeds of such performance are devoted to a public charitable purpose and that the whole of the expenses of such performance do not exceed twenty percent of the gross receipts.
(2) It shall be in the discretion of the Commissioner to disallow any claim for refund of the tax unless application claiming such refund is made to him in writing within three days of the day on which the intended performance in respect of which the tax was paid was due to take place or within `seven days of the date of the performance, as the case may be.
Chapter IX
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Drainage and Drainage Works
### 1. Buildings etc., not to be erected without permission over municipal drains. - (1) Without the written permission of the Commissioner, no building, wall or other structure shall be newly erected, and no street or minor railway shall be constructed over any municipal drain. (2)
If any building, wall or other structure be so erected, or any street or minor railway be so constructed, the Commissioner may remove or otherwise deal with the same as he shall think fit and the expenses thereby incurred shall be paid by the person offending.
### 2. Buildings etc., not to be erected without permission over any drains. - (1) Without the written permission of the Commissioner, no building, wall or other structure shall be newly erected over any drain other than a municipal drain except as may be required under sub-rule (3). (2)
If any building, wall or other structure be so erected, the Commissioner, after giving the offending person ten days notice of his intention, may remove or otherwise deal with the same as he shall think fit, and the expenses thereby incurred shall be paid by the person offending.
(3) The Commissioner may by notice in writing require the owner or occupier of any building or land to which access from a public street cannot be provided except by crossing an open municipal drain, channel, ditch or gutter to provide culverts or coverings over the said drain, channel, ditch or gutter of such form, size and materials and provided with such means of ventilation as may be specified in the said notice.
(4) Every culvert or covering provided in accordance with sub-rule (3) shall be maintained and kept free from obstructions by the .said owner or occupier at his expense.
### 3. Drains not to pass beneath buildings. - Except with the written permission of the Commissioner, and in conformity with such conditions as shall be prescribed by the Standing Committee generally in this behalf, no drain shall be so constructed as to pass beneath any part of a building. ###
4. Provision of troughs and pipes receive water from roofs of buildings. - The Commissioner may, by notice in writing, require the owner of any building in any street to put up and maintain in good condition proper and sufficient troughs and pipes for receiving and carrying the water from the roof and other parts of the building and for discharging the water so that it shall not fall upon any street or damage any street or other property vested in the Corporation.
Drains of Private Streets and Drainage of Premises
### 5. Power to connect drains of private street with municipal drains. - (a) The owner of a private street before commencing to construct a drain of such street to connect with a municipal drain shall submit to the Commissioner a plan of the street, bearing the signature of a licensed surveyor in token of its having been made by him or under his supervision, and drawn to such a convenient scale as the Commissioner shall require and there shall be shown on such plan the position, course and dimensions of the proposed drain, with a section or sections, thereof, and such other particulars in relations thereto as the Commissioner shall deem necessary and require, and no such drain shall be proceeded with without the approval in writing or contrary to the directions of the Commissioner; (b)
the drain of such private street shall, at the expense of the owner of the street be constructed of such size, material and description, and be branched into the municipal drain in such manner and form of communication in all respects as the Commissioner shall direct;
(c) the Commissioner may, if he thinks fit, construct such part of such drain and such part of the work necessary for branching the same into the municipal drain as shall be in or under any public street or place vesting in the Corporation and, in such case, the expenses incurred by the Commissioner shall be paid by the owner of the private street.
### 6. Drainage of courts, yards and compounds appurtenant to, or giving access to buildings. - If any courtyard or compound appurtenant to, or any passage giving access to, a building is not so formed, flagged, asphalted or paved or is not provided with such works on, above or below its surface as to allow of the satisfactory drainage of its surface or sub-soil to a proper outfall, the Commissioner may by written notice require the owner of the building to execute such works as may in the opinion of the Commissioner be necessary to remove the defect. Explanation. - This rule shall also apply in relation to any courtyard, compound or passage which is used in common by the occupier of two or more buildings but is not a public street.
### 7. Special provisions relating to trade effluent. - (1) No trade effluent shall be discharged from any trade premises into a municipal drain otherwise than in accordance with a written notice, hereinafter referred to as "trade effluent notice" served on the Commissioner by the owner or occupier of the premises, stating- (a)
the nature or composition of the trade effluent;
(b) the maximum quantity of the trade effluent which it is proposed to discharge in any one day; and
(c) the highest rate at which it is proposed to discharge the trade effluent, and no trade effluent shall be discharged in accordance with such a notice until the expiration of a period of two months or such less time as may be agreed to by the Commissioner, from the day on which the notice is served on the Commissioner hereinafter referred to as "the initial period".
(2) Where a trade effluent notice is respect of any premises is served on the Commissioner, he may, at any time within the initial period, give to the owner or occupier, as the case may be, of those premises a direction that no trade effluent shall be discharged in pursuance of the notice Until a specified date after the end of the initial period; and, in so far as the discharge of any trade effluent in accordance with the trade effluent notice require the consent of the Commissioner in order to be lawful, the Commissioner may give that consent either unconditionally or subject to such conditions as he thinks fit to impose in respect to-
(a) the drain or drains into which any trade effluent may be discharged in pursuance of the trade effluent notice;
(b) the nature or composition of the trade effluent which may be so discharged;
(c) the maximum quantity of any trade effluent which may be so discharged on any one day, either generally or into a particular drain;
(d) the highest rate at which any trade effluent may be discharged in pursuance of the trade effluent notice, either generally or into a particular drain; and
(e) any other matter with respect to which bye-laws may be made under this Act;
but any such condition as aforesaid shall be of no effect if and so far as it is inconsistent with any bye-laws so made which are for the time being in force.
### 8. Position of cesspools. - No person shall construct a cesspool- (a) beneath any part of any building, or within twenty feet [of] any lake, tank, reservoir stream, spring or well, or
(b) upon any site in any position which has not been approved in writing by the Commissioner.
### 9. All drains and cesspools to be properly covered and Ventilated. - (1) Every drain and cesspool, whether belonging to the Corporation or to any other person, shall be provided with proper traps and coverings and with proper means of ventilation. (2)
The Commissioner may, by written notice, require the owner of any drain or cesspool not belonging to the Corporation to provide and apply to the said drain or cesspool such trap and covering and such means of ventilation as would be provided and applied if such drain or cesspool belonged to the Corporation.
### 10. Excrementitious matter not to be passed into cesspool. - No person shall, except with the permission of the Commissioner, pass or cause or permit to be passed any excrementitious matter into any cesspool made or used under the provisions of this Act or into any drain communicating with any such cesspool. ###
11. Power to Commissioner to require adequate water-closet and other accommodation to be made. - (1) Where any premises are without a water-closet, or privy, or urinal, or bathing or washing place or if the Commissioner is of opinion that the existing water-closet, or privy, or urinal, or bathing or washing place accommodation available for the persons occupying or employed in any premises is insufficient, inefficient or on any sanitary grounds objectionable, the Commissioner may, by written notice, require the owner of such premises:-
(a) to provide such, or such additional, water-closet, privy, urinal or bathing or washing place accommodation as he prescribes;
(b) to make such structural or other alterations in the existing water-closet privy, urinal or bathing or washing place accommodation as he prescribes or;
(c) to substitute water-closet accommodation for any privy accommodation.
(2) Any requisition under sub-rule (1) may comprise any detail specified in subsection (2) of section 178.
### 12. Power to require privy accommodation to be provided for factories, etc. - Where it appears to the Commissioner that any premises are, or are intended to be used as market, school or theatre or other place of public resort or as a place in which persons exceeding ten in number are employed in any manufacture, trade or business or as workmen or labourers, the Commissioner may, by written notice, require the owner or occupier of the said premises to construct a sufficient number of water-closets or latrines or privies and urinals for the separate use of each sex and to cause the same to be kept in proper order and to be daily cleaned. ###
13. Power of Commissioner as to unhealthy privies. - Where the Commissioner is of opinion that any privy is likely, by reason of its not being sufficiently detached from any building, to cause injury to the health of any person occupying such building, the Commissioner, with the previous, approval of the Standing Committee, may, by written notice, require the owner or occupier of the premises in or on which such privy is situated either:-
(a) to so close up such privy as to prevent any person using the same, and so provide in lieu thereof such water-closet or privy accommodation or such in urinal accommodation as the Commissioner may prescribe; or
(b) to provide between the said privy and any portion of the said building such air-space, open to the sky and situate entirely within the limits of the said premises, as the Commissioner may prescribe.
### 14. Provisions as to privies. - (1) The owner or occupier of any premises on which there is a privy, shall- (a)
have between such privy and any building or place used or intended to be used for human habitation, or in which any person may be or may be intended to be employed in any manufacture, trade or business, an air space of at least three feet in width and open to the sky;
(b) have such privy shut off by a sufficient roof and wall, or fence, from the view of persons dwelling in the neighbourhood or passing by;
(c) unless and except for such period as he shall be permitted by the Commissioner as hereinafter provided to continue any existing door or trap-door, close up and not keep any door or trap-door in such privy opening onto a street;
Provided that-
(1) clause (a) shall not be deemed to apply to any privy in existence on the appointed day unless-
(i) there is space available on the premises of the owner or occupier for the erection of a new privy conformably to the said clause; and
(ii) the existing privy can be removed and a new one erected as aforesaid without destroying any portion of a permanent building other than existing privy;
(2) The Commissioner may permit the continuance for such period as he may think fit of any existing door or trap-door in a privy opening on to a street if a nuisance is not thereby created.
### 15. Provisions as to water-closets. - The owner or occupier of any premises on which there is a water-closet shall- (a) have such water-closet divided off from any part of a building or place used or intended to be used for human habitation, or in which any person may be or may be intended to be employed in any manufacture, trade or business, by such means as the Commissioner shall deem sufficient;
(b) have such water-closet in such a position that one of its sides at the least shall be as external wall;
(c) have the seat of such water-closet placed against an external wall;
(d) cause such water-closet to be provided with such means of constant ventilation as the Commissioner shall deem adequate, by a window or other aperture in one of the walls of such water-closet opening directly into the external air, or by an air-shaft or by some other suitable method or appliance;
(e) have such water-closet supplied by a supply-cistern and flushing apparatus and fitted with a soil-pan or receiver and such other appliances of such material, size and description as the Commissioner shall deem necessary:
Provided always that a cistern from which a water-closet is supplied shall not be used, or be connected with another cistern which is used, for supplying water for any other purpose;
(f) have flushing cisterns of such materials, size and description supplied with a constant and sufficient supply of water for flushing and cleaning the water-closet as the Commissioner may deem necessary.
### 16. Position of privies and water-closets. - No person shall build a privy or water-closet in such a position or manner as- (a) to be directly over or directly under any room or part of a building other than a privy or water-closet or a bathing place, bath-room or gallery, passage or terrace;
(b) be within a distance of twenty feet from any well or from any spring, tank or stream the water whereof is, or is likely to be, used (whether in a natural or manufactured state) for human consumption or domestic purpose or otherwise render the water of any well, spring, tank or stream liable to pollution.
### 17. Control over water-closets, etc., in, or accessible from streets. - (1) No public water-closet, privy or urinal other than a water-closet, privy or urinal erected within railway premises or erected by the Government shall be erected in, or so as to be accessible from, any street without the consent of the Commissioner who may, in giving his consent, impose such terms, as to the use of the water-closet, privy or urinal and as to its removal at any time, if required by him, as he thinks fit. (2)
The Commissioner may, by written notice require -
(a) the owner of a water-closet, privy or urinal, which has been erected in contravention of sub-rule (1) or the removal of which the Commissioner is entitled to require, to remove it;
(b) the owner of a water-closet, privy or urinal, which opens on a street and is so placed or constituted as to be a nuisance or offensive to public decency to remove or permanently close it.
### 18. Use of places for bathing or washing clothes or domestic utensils. - No person shall use or permit to be used as a bathing place, or as a place for washing clothes or domestic utensils, any part of any premises which has not been provided with such floor as the Commissioner considers suitable and with all such appliances and fittings as shall, in the opinion of the Commissioner, be necessary for collecting the drainage thereof and conveying the same therefrom. ###
19. Work to be done by licensed plumber; permission to use as drain. - (1) No person other than a licensed plumber shall execute any work described in this Chapter or in Chapter XII of this Act and no person shall permit any such work to be executed except by a licensed plumber:
Provided that if, in the opinion of the Commissioner, the work is of a trivial nature, he may, grant permission in writing for the execution of such work by a person other than a licensed plumber.
(2) Every person who employs a licensed plumber to execute any such work shall, when so required, furnish to the Commissioner the name of such plumber.
(3) Every such person shall, within one month after completion of any such work and before permitting the same or any portion thereof to be filled, in or covered over, deliver or send or cause to be delivered or sent to the Commissioner at his office notice in writing of the completion of such work, accompanied by a certificate in such form as the Commissioner may from time to time prescribe, signed by the licensed plumber by whom the same has been executed, who is hereby required immediately upon completion of the work and upon demand by the person employing him to sign and give such a certificate to such person, and shall give to the Commissioner all necessary facilities for the inspection of such work:
Provided that-
(a) such inspection shall be made within seven days from the date of receipt of the notice of completion, and
(b) the Commissioner may, within seven days after inspection by written intimation addressed to the person from whom the notice of completion was received and delivered at his address as stated in such notice, or in the absence of such address, affixed to a conspicuous part of the premises in which such work has been executed-
(i) give permission for the filling in or covering over of such work; or
(ii) require that, before such work is filled in or covered over, it shall be amended to the satisfaction of the Commissioner in any particular respect of which it is not in accord with a requisition previously made by the Commissioner or contravenes some provision of this Act or of the rules or bye-laws.
(4) No person shall permit any such work to be used as a drain or part of a drain until-
(a) the permission referred to in proviso (b) to sub-rule (3) has been received or
(b) the Commissioner has failed for fourteen days after receipt of the notice of completion to intimate as aforesaid his refusal of permission or the filling in or covering over of such work.
Manner of Erecting Shafts or Affixing Pipes for Ventilation of Drains or Cesspools
### 20. Erection of shafts, etc. for ventilation of drains or cesspools. - Any shaft or pipe erected or affixed by the Commissioner for the purposes of ventilating any drain or cesspool under section 175 shall- (a) be carried at least fifteen feet higher than any sky-light or window situated within a distance of forty feet therefrom;
(b) if the same be affixed to a wall supporting the eave of a roof, be carried at least five feet higher than such eave;
(c) be erected or affixed so as to create the least practicable nuisance or inconvenience to the inhabitants of the neighbourhood;
(d) be removed by the Commissioner to some other place, if at any time the owner of the premises, building or tree upon or to which the same has been erected or affixed is desirous of effecting any change in his property which either cannot be carried out, or cannot without unreasonable inconvenience be carried out, unless the shaft or pipe is removed.
Chapter X
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Water Supply
### 1. Definitions. - In this Chapter, unless there is anything repugnant in the subject or con text,- (a) "communication pipe" means a pipe extending from a municipal main upto and including the municipal stop-cock;
(b) "consumer" means any person who uses or is supplied with water from a municipal water work or on whose application such water is supplied and includes any person liable to the Corporation under the provisions of this Act for the payment of water tax or any sum for the water supplied from a municipal water-work;
(c) "consumer's pipe" means a pipe used in connection with the supply of water from any municipal water work and which is not the property of the Corporation;
(d) "distributing pipe" means any pipe not subject to water pressure from a municipal water main;
(e) "fitting" includes a pipe, coupling, flange, branch, bend, stop, ferrule, stop tap, bib tap, spring tap, pillar tap, globe tap, ball cock, boiler, pump, meter, hydrant and any other apparatus or article used for the purpose of conveying or storing water supplied by the Corporation;
(f) "municipal stop cock" means the stop cock which controls the supply of water from a municipal water main;
(g) "supply pipe" means the pipe extending from a municipal stop cock upto the ball cock of the storage tank, if any, and any pipe subject to pressure from a municipal water main.
Private Water-Supply
### 2. Conditions on which private water supply may be provided. - (1) Subject to the provisions of sub-rules (2), (3) and (4), supply pipes for conveying to any premises a private supply of water from a municipal water work shall not be connected with such water work except on the written application or with the written assent of the owner of the premises, or of the person primarily liable for the payment of property taxes on the said premises. (2)
If it shall appear to the Commissioner that any premises situate within any portion of the City in which a public notice has been given by the Commissioner under clause (b) of sub-section (1) of section 130, are without a supply of pure water obtainable on the premises and adequate to the requirements of the persons usually occupying or employed upon the said premises, the Commissioner may, by written notice, require the owner of the said premises or the persons primarily liable for the payment of property taxes thereon, to obtain a supply adequate as aforesaid from a municipal water works and to provide supply and distributing pipes, cisterns, and fittings and do all such works as may in the opinion of the Commissioner be necessary for that purpose.
(3) If the written assent of the owner of any premises or of the person primarily liable for the payment of property taxes referred to in sub-rule (1), is withheld from a tenant of such premises who applies for such assent, such tenant may appeal to the Commissioner who shall, if he is satisfied that the assent has been unreasonably withheld and if the provisions of sub-rule (2) are satisfied, give notice as provided therein.
(4) The Commissioner may refuse to grant a connection under this rule in respect of any premises if he is satisfied that the arrangements for draining waste water from such premises are inadequate or that the supply of water through communication pipes is likely to cause such premises to be in an insanitary condition or to create a nuisance, unless such measures as he may direct are carried out for disposing of the waste water or for preventing the creation of insanitary conditions or a nuisance.
### 3. Making and renewing connection with municipal water works. - (1) No connection with any municipal water work shall be made or renewed- (a)
except by a municipal officer or servant empowered in that behalf by the Commissioner; and
(b) until the certificate specified in sub-rule (4) has been given.
(2) In every case where a new connection with a municipal water work is made or an existing connection is renewed, all necessary communication pipes and fittings thereon shall be supplied by the Commissioner, and the work of laying and applying such communication pipes and fittings shall be executed by municipal agency under the Commissioner's orders, but the cost of making or renewing such connection and of all communication pipes and fittings so supplied and of all work so executed, shall be paid by the person on whose application or for whose premises the connection is made or renewed.
(3) Every such new connection or renewed connection with its communication-pipes and fittings shall thereafter vest in the Corporation and be maintained at the charge of the Municipal Fund as a municipal water work.
(4) All supply and distributing pipes and cisterns and fittings not vesting in the Corporation as aforesaid shall be laid and applied under the supervision and to the satisfaction of a municipal officer appointed by the Commissioner in that behalf, who shall give and sign a certificate, free of charge, when such supply and distributing pipes, cisterns and all necessary fittings, have been laid, applied and executed in a satisfactory manner and when proper and sufficient arrangements have been made for draining of waste water.
(5) Where any supply or distributing pipe, cistern or such fitting is laid, applied, added to or altered, or any connection is made in contravention of this rule the Commissioner may remove such supply or distributing pipe, cistern, fitting or connection, or additions or alterations thereto, and make good such pipe, cistern, fitting or connection; and the owner and occupier of the premises in which or for supply to which such supply or distributing pipe, cistern or fitting has been laid, applied, added to or altered or such connection has been made, shall be jointly and severally liable to pay the expenses incurred by the Commissioner in so doing.
### 4. Commissioner may take charge of private connections. - (1) The Commissioner may, by agreement with a consumer, take charge on behalf of the Corporation of all or any of the consumer's pipes and fitting: Provided that if any of such pipes or fittings are communication pipes or fittings only not vesting in the Corporation, the Commissioner may, if he thinks fit, take charge of the same without such agreement.
(2) Any consumer's pipes and fittings of which the Commissioner takes charge under this rule, shall thereafter vest in the Corporation and be maintained at the charge of the Municipal Fund as a municipal water work.
### 5. Power of Commissioner to alter position of connections. - The Commissioner may, if at any time he deems it expedient to alter the position of an existing connection with any municipal water work, or of any consumer's pipe or fitting thereof, and after giving to the owner of such connection, pipe or fitting not less than four days' previous notice of his intention so to do, cause the said connection, pipe or fitting to be moved to such other position as he thinks fit and relaid and applied or others to be laid and applied in lieu thereof, in such position as he may direct; and in every such case all such work shall be carried out at the expense of the Municipal Fund and such new connection, pipe and fitting shall thereafter vest in the Corporation and be maintained at the charge of the Municipal Fund as a municipal water-work. ###
6. Provisions as to cisterns and other fittings, etc. to be used for connections with water-work. - (1) The Commissioner may, whenever it shall appear to him to be necessary, by written notice require the owner of any premises furnished with a private water supply from any municipal water work to provide such premises, within a reasonable period, which shall be prescribed in the said notice, with cisterns and fittings of such size, material, quality and description and placed in such position and with such safe and easy means of access as he thinks fit.
(2) The Commissioner may also in the like manner require the owner of any premises to provide such safe and easy means of access as he thinks fit to any existing cistern which on an examination under rule 11 is found to be not easily accessible.
(3) The Commissioner may, whenever it shall appear to him necessary or expedient to remove any cistern from any premises furnished with a private water supply, by written notice require the owner of such premises to remove such cistern with all fitting connected therewith from such premises within a period prescribed in the notice.
(4) The Commissioner shall also from time to time prescribe the size, materials, quality, description and position of the pipes and fittings to be employed for the purpose of any connection with, or of any communication from, any municipal water-work and no such connection or communication shall be made by any person otherwise than as so prescribed.
(5) The Commissioner shall likewise prescribe the size, material, quality and description of the pipes, cisterns and fittings to be employed for the purpose of replacing any pipes, cisterns and fittings found on an examination under rule 11 to be so defective that they cannot be effectively repaired.
(6) If any connection or communication other than that prescribed in sub-rule (4) is found in or upon any premises it shall be presumed, until the contrary is proved, that such connection or communication was made by or under the direction of or with the permission of the owner of such premises.
(7) The Commissioner may issue orders providing for the stamping by municipal agency of all pipes, taps, cocks, fittings and materials to be employed for the purposes of any connection or communication with any municipal water-work and such orders may provide for the payment of a fee for such stamping and prohibit the use in any of the said connections or communications of any pipes, taps, cocks, fittings or materials other than those so stamped.
### 7. Provisions for keeping cisterns locked. - (1) The Commissioner may, by written notice, require the owner of any premises furnished with a cistern or in respect of which the Commissioner has required a cistern to be furnished, to provide such cistern with a lock and key of such pattern, material and quality as the Commissioner shall in such notice prescribe, and may in like manner require any lock or key found to be defective on an inspection under rule 11 to be replaced. (2)
Every cistern so provided with a lock shall be kept permanently locked and the key shall then be delivered to the Commissioner.
### 8. Communication pipes to be kept in efficient repair by owner or occupier of premises. - (1) It shall be incumbent on the owner or occupier of any premises to which a private water supply is furnished from any municipal water-work, to keep in a thoroughly clean condition and to maintain and keep in efficient repair every supply and distributing pipe conveying water from the said water work to such premises and every meter for measuring water, not being a municipal meter and every cistern and fitting in or connected with any such pipe, so as effectually to prevent the water from running to waste. (2)
When an occupier of any premises is served with a notice under sub-rule (2) of rule 11, he may, after giving to the person to whom he is responsible for the payment of his rent three days' notice in writing, himself have the repairs executed and in such event he shall, unless the terms of the tenancy otherwise, expressly provided be entitled to deduct from any rent due or to become due by him to such person the actual expenses incurred by him in complying with the notice served under sub-rule (3) of rule 11.
### 9. Provision of meters when water is supplied by measurement. - (1) Where water is supplied by measurement, the Commissioner may either provide a meter and charge the consumer for the same such rent as shall from time to time be prescribed in this behalf by the Standing Committee or may permit the consumer to provide a meter of his own of such size, material and description as the Commissioner shall approve for this purpose. (2)
The Commissioner shall at all times keep all meters and other instruments for measuring water, let by him for hire to any person, in proper order for correctly registering the supply of water, and in default of his so doing such person shall not be liable to pay rent for the same during such time as such default continues.
(3) (a)
Any consumer to whom a meter is let out on hire under sub-rule (1) may apply in writing to the Commissioner at any time to have the meter tested and every such application shall be accompanied by such fees as the Commissioner may from time to time prescribe.
(b) Upon receipt of such application and fee the Commissioner shall forthwith issue a notice to the consumer prescribing the time and place for testing such meter and shall cause such meter to be tested at such time and place.
(c) If upon such test such meter is found to be incorrect by more than two per cent, the fee paid by the consumer shall be repaid to him and the Commissioner shall cause steps to be taken forthwith for the repair or replacement of the meter.
### 10. Register of meter to be evidence. - Where water is supplied by measurements the register of the meter or other instrument for measuring water shall be prima facie evidence of the quantity consumed. Inspection
### 11. Commissioner, etc., may inspect premises in order to examine meter, communication pipes, etc. - (1) The Commissioner may make an inspection of any premises to which a private water supply is furnished by the Corporation, in order- (a)
to remove, test, examine and replace any meter for measuring water,
(b) to examine any supply or distributing pipe, cistern, lock or fitting; or
(c) to see if there be any waste or misuse of water.
(2) The Commissioner may by written notice, require the owner or occupier of the premises to remedy any defect which shall be found to exist in or to clean any such meter, not being a municipal meter let to him for hire, or any such supply or distributing pipe, cistern, lock or fitting.
Cutting off Private Water Supply
### 12. Power to cut off private water supply or to turn off water. - (1) The Commissioner may cut off the connection between any municipal water-work and any premises to which a private water-supply is furnished by the Corporation to turn off the water from such premises in any of the following cases, namely:- (a)
in default of payment of any instalment of water-tax or of any sum due for water or hire of meter or expenses of any work done under or by virtue of the provisions of rule 3, 9 or 17 within one month after a notice of demand for such tax or sum has been duly served;
(b) if the owner of the premises neglects within the period prescribed in this behalf in any notice given under sub-rule (1), (2) or (3) of rule 6 or under rule 7, to comply with any requisition made to him by the Commissioner regarding the provision of any cistern, fitting, lock or key or any means of access to such cistern or the removal of any cistern;
(c) if the owner or occupier of the premises fails within the period prescribed in this behalf in any notice given under sub-rule (2) of rule 11, to comply with the terms of such notice or fails to use articles of the kind prescribed under sub-rule (5) of rule 6;
(d) if after receipt of a written notice from the Commissioner requiring him to refrain from so doing, the owner or occupier of the premises continues:-
(i) to use the water, or to permit the same to be used, in contravention of any bye-law or of any condition prescribed under sub-section (2) of section 134 or under any other provision of this Act;
(ii) when payment for the water is made not by measurement to permit any person not residing on premises in respect of which water-tax is paid or payment for the water supplied is made according to the size of the connection to carry away for such owner's or occupier's premises water derived from the municipal water-work;
(e) if the owner or occupier of the premises wilfully or negligently injuries or damages any meter, pipe, cistern or fitting or lock thereof in such premises.
(f) if the owner or occupier of the premises fails to comply with any requisition made on him by the Commissioner under sub-rule (2) of rule 18 to furnish the name of the licensed plumber;
(g) if the premises are declared to be unfit for human habitation under the provisions of this Act;
(h) if excessive of waste water is taking place within any premises on account of damage to water-mains caused by accident or otherwise;
(i) if any communication pipes or fittings have been laid, applied, added to or altered in contravention of the provisions of rule 6;
Provided that-
(i) in any case under clause (a) the Commissioner shall not take action unless not less than one month previously a copy of the notice of demand in respect of the tax or sum has been affixed to a conspicuous part of the premises;
(ii) in any case falling under clause (b), the Commissioner shall not take action unless not less than fifteen days previously a copy of the notice under sub-rule (1), (2) or (3) or rule 6, or under rule 7, as the case may be, has been affixed, to a conspicuous part of the premises;
(iii) in other cases the Commissioner shall not take action unless written notice of not less than twenty-four hours has been given to the owner or occupier of the premises.
(2) The expense of cutting off the connection or of turning off the water in any such case as aforesaid shall be paid by the owner or occupier of the premises.
(3) If in any case under clause (a) of sub-rule (1) the tax or sum due is paid within the period stipulated therein by any person or persons in occupation of the premises other than the persons primarily liable for the same, such person or persons shall be entitled to credit therefor in account with the person primarily liable and shall be entitled without prejudice to any other remedy for recovery, to deduct the amount paid from any rent payable to the person primarily liable.
### 13. Prohibition of fraud in respect of meters. - (1) No person shall fraudulently- (a)
alter the index to any meter or prevent any meter from duly registering the quantity of water supplied;
(b) abstract or use water before it has been registered by a meter set up for the purpose of measuring the same.
(2) The existence of artificial means under the control of the consumer for causing any such alteration, prevention, abstraction or use shall be evidence that the consumer has fraudulently affected the same.
General Provisions
### 14. Prohibition of wilful or neglectful acts relating to water works. - No person shall wilfully or negligently- (a) injure or suffer to be injured any meter belonging to the Corporation or any of the fittings of any such meter;
(b) break, injure or open any lock, seal, cock, valve, pipe work, engine, cistern or fitting appertaining to any municipal water-work;
(c) flush or draw off the water from any such water-work, thereby causing such water to be wasted;
(d) do any act or suffer any act to be done, whereby the water in, or derived from, any municipal water-work shall be wasted;
(e) obstruct, divert or in any way injure or alter any water-main or duct;
(f) except with the permission of the Commissioner, open, break, injure or tamper with any lock furnished under the provisions of this Act;
(g) foul or pollute or otherwise render unfit for human consumption the water contained in any municipal water work.
### 15. Compensation to be payable by offenders against rule 13 or 14. - Compensation shall be paid by the offender for any damage which the Corporation sustains by reason of any contravention of rule 13 or rule 14. ###
16. What persons to be liable for offences under certain provisions of this Act. - If it shall be shown that an offence against some provision of this Act or against some rule or bye-law relating to water supply has occurred on any premises to which a private supply of water is furnished by the Corporation, the owner, the person primarily liable for the payment of water tax and the occupier of the said premises shall be jointly and severally liable for the same.
### 17. Commissioner may execute work under this Chapter without allowing option to persons concerned of executing the same. - (1) The Commissioner may, if he thinks fit, cause any work described in this Chapter to be executed or any cistern to be supplied with a lock and key by municipal or other agency under his own orders, without first of all giving the person by whom the same would otherwise have to be executed or supplied the option of doing or supplying the same. (2)
The expense of any work so done or of supplying such lock and key shall be paid by the person aforesaid, unless the Corporation shall, by a general or special order or resolution, sanction, as it is hereby empowered to sanction, the execution of such work or the supply of such lock and key at the charge of the Municipal Fund.
### 18. Work under this Chapter to be done by licensed plumber. - (1) No person other than a licensed plumber shall execute any work described in this Chapter, other than the provision of a lock and key and no person shall permit any such work to be executed except by a licensed plumber. (2)
Every person who employs a licensed plumber to execute any such work shall, when so required, furnish to the Commissioner the name of such plumber.
(3) Where any person causes or permits any pipe, cistern or fitting or other work necessary for conveying a private supply of water from a municipal water work into any premises to be laid, applied or executed in contravention of sub-rule (1), he shall, in addition to being liable to the penalty prescribed for such contravention, not be entitled to an independent or branch connection until the defects, if any, in such pipe, cistern, fitting or work are removed to the satisfaction of the Commissioner.
Chapter XI
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Streets
I. Sky-Signs
### 1. Interpretation of sky-sign. - (1) For the purposes of section 244 the expression "sky-sign" means any word, letter, model, sign, device or representation in the nature of an advertisement, announcement or direction, supported on or attached to any post, pole, standard frame-work or other support, wholly or in part upon or over any land, building or structure which, or any part of which sky-sign, shall be visible against the sky from some point in any street and includes all and every part of any such post, pole, standard frame-work or other support. It shall also include any balloon, parachute or other similar device employed wholly or in part for the purposes of any advertisement, announcement or direction upon or over any land, building or structure or upon or over any street. (2)
A sky-sign shall not include-
(a) any flagstaff, pole, vane or weathercock, unless adapted or used wholly or in part for the purpose of any advertisement, announcement or direction;
(b) any sign, or any board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building, or on the cornice or blocking course of any wall, or the ridge of a rood:
Provided that such board, frame or other contrivance be of one continuous face and not open work, and do not extend in higher more than three feet above any part of the wall, or parapet or ridge to, against, or on which it is fixed or supported;
(c) any word, letter, model, sign, device or representation as aforesaid, relating exclusively to the business of a railway administration, and placed wholly upon or over any railway, railway station, yard, platform or station approach belonging to a railway administration and so placed that it cannot fall into any street or public place;
(d) any notice of land or buildings to be sold, or let, placed upon such land or buildings.
II. Naming or Numbering of Streets and Numbering of [premises]
### 2. Naming or numbering of streets, and numbering of [Premises]. - (1) The Commissioner may, from time to time,- (a)
with the sanction of the Corporation, determine the name or number by which any street for any public place vested in the Corporation shall be known;
(b) cause to be put up or painted on a conspicuous part of any house at or near each end, corner or entrance to such street and at intervals along such street or on some convenient part of such street, the name or number of such street as so determined;
(c) cause to be put up or painted suitable signs or boards indicating the name of any public place vested in the Corporation;
(d) determine the number or sub-number by which any premises or part of such premises shall be known;
[(e) by written notice require the owner of any premises or part thereof either to put up by means of a metal plate a number or sub-number on such premises or part thereof on such position and manner as may be specified in such notice or to signify in writing his desire that such work shall be executed under the orders of the Commissioner;]
Explanation. - The provisions of this sub-rule shall apply to the renewal of the name or number of any street or public place or the number or sub-number of any premises, or part thereof, or the obliteration or defacement of such name or number as it applies to the putting up or painting of such name or number for the first time.
(2) (a)
No person shall, without the written permission of the Commissioner or without other lawful authority, destroy, remove, deface or in any way injure or alter any such name or number or sub-number [or allow or cause any metal plate bearing any number or sub-number to fall into disrepair or otherwise become illegible or put up or paint any name of put up any number or sub-number different from that put up or painted by order of the Commissioner];
(b) No person shall without the written permission of the Commissioner put up or affix any notice or board or advertisement within twelve inches of any name or number of a street or of a number or of a sub-number of any premises or part thereof, and the Commissioner may cause any such notice, board or advertisement which is affixed or put up without his permission to be removed and the expenses thereof shall be payable by such person.
[(c) If any person contravenes the provisions of paragraph (a) or (b), he shall, on conviction, be punished with fine which may extend to twenty rupees].
(3) Information which may be called for from persons giving notice under section 217. - Where a number or sub-number is put up [\* \* \*] on any premises or part thereof under the orders of the Commissioner in accordance with paragraph (e) of subrule (1), the expenses of such work shall be payable by the [owner of the premises or part thereof, as the case may be.] at such rate as the Commissioner may from time to time fix.
[Explanation. - In this rule, "premises" does not include lands which are not built upon nor does it include only vernadahs, fixed platforms, plinths, door steps, walls, compound walls, fencing or the like.]
III. Provisions Concerning Private Streets
### 3. Information which may be called for from persons giving notice under section 217. - For the purposes of section 218, the Commissioner may call for from the persons giving notice under section 217 all or any of the following documents:- (i) correct plans and sections in duplicate of the proposed private street, which shall be drawn to a horizontal scale of not less than one and a half-inches to ten feet and shall show thereon the level of the present surface of the ground above some known fixed datum near the same, the level and rate of inclination of the intended new street, the level and inclination of the streets with which it is intended to be connected, and the proportion of the width which are proposed to be laid out as carriage-way and foot-way respectively;
(ii) a specification with detailed description of the materials to be employed in the construction of the said street and its footpaths;
(iii) a plan showing the intended lines of drainage of such street and of the buildings proposed to be erected and the intended size, depth and inclination of each drain, and the details of the arrangement proposed for the ventilation of the drains; ,
(iv) a plan showing each building plot with its dimensions and area and showing open spaces with their dimensions;
(v) a scheme accompanied by plans and sections for the laying out into streets, plots and open spaces of the other land of such persons or of so much of such other land as the Commissioner shall consider necessary.
Chapter XII
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Buildings Regulations And Building Loans
### 1. Additional information and the attendance of the person who gave the notice may be required. - (1) If the notice given and the documents furnished under section 253 or section 254 do not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case, the Commissioner may, at any time within thirty days after receipt of the said documents, by written notice, require the production of such further particulars and details as he deems necessary. (2)
At any time within the said period the Commissioner may also by written notice require the person who has given the notice to open for inspection any portion or portions of the intended foundations or any portion of the intended foundations or walls of an existing building.
Forms of Notices
### 2. Printed forms of notices to be supplied to the public. - The Commissioner shall cause printed forms of notices for the purpose of section 253 or section 254 to be delivered to any person requiring the same on payment of such fee for each form as shall from time to time be prescribed in this behalf by the Commissioner with the approval of the Standing Committee. ###
3. When building or work may be proceeded with. - If within thirty days after receipt of any notice under section 253 or 254, or further information, if any,-called for under rule 1, the Commissioner does not issue an order under sub-rule (1) , or sub-rule (2) of rule 5 or fails to intimate in writing to the person who has given the said notice his disapproval of the building which the said person proposes to erect, or of the work which he proposes to execute.
or if, within the said period, the Commissioner signifies in writing to the said person his approval of the said building or work;
the said person may, subject to the provisions of sub-rules (3) and (4) of rule 5, at any time within one year from the date of the delivery of the notice to the Commissioner, proceed with the said building or work in accordance with his intention as described in the notice or in any of the documents aforesaid, but not so as to contravene any of the provisions of this Act or any rule or bye-law.
### 4. Building or work which is disapproved by the Commissioner may be proceeded with subject to terms or shall not be proceeded with. - (1) If the Commissioner disapproves of any building or work of which notice has been given as aforesaid or of any portion or detail thereof, by reason that the same will contravene some provision of this Act or some rule or bye-law or will be unsafe, he shall within thirty days of the receipt of the notice or of the plan, section, description or further information, if any, called for under rule 1 by a written notice intimate to the person who gave the notice first hereinbefore in this rule mentioned, his said disapproval and the reason for the same, and prescribe terms subject to which the building or work may be proceeded with, or intimate that the work shall not be proceeded with. (2)
The person who gave the notice concerning any such building or work may proceed with the same, if expressly permitted to do so, subject to the terms prescribed as aforesaid but not otherwise, at any time within one year from the date of receipt by him under sub-rule (1) off the written notice containing express permission to do so in this behalf, but not so as to contravene any of the provisions of this Act or any rule or bye-law.
### 5. Power to the Commissioner to withhold disposal of plans in certain circumstances. - (1) Notwithstanding anything contained in rules 3 and 4, if in any case it appears to the Commissioner that public improvements, which may render necessary the acquisition of the site of any building or work or any part of such site, are desirable and expedient, he may by order in writing direct that no further action should be taken in pursuance of a notice given under section 253 or section 254 for a period not exceeding three months from the date of such notice. (2)
The Commissioner may issue a like order if in any case it appears to him that any site as aforesaid is likely to be affected by any one of the following, namely:-
(a) prescribing a regular line of a public street;
(b) prescribing a fresh line in substitution of the existing regular line of a public street;
(c) extending or altering a public street;
(d) any scheme for widening or modifying a private street.
(3) If, within the said period or three months, the public improvements referred to in sub-rule (1) or any of the matters referred to in sub-rule (2) have been given final effect so as to have the result referred to in sub-rule (1) or sub-rule (2), the notice given under section 253 or section 254 shall be deemed to have lapsed.
(4) In any case not covered by sub-rule (3), the notice given under section 253 or section 254 shall be deemed to have been renewed as on the date on which the period of three months mentioned in sub-rule (1) expired.
### 6. When work may be commenced. - (1) No person shall commence to erect a new building or to execute any such work as is described in section 254- (a)
until he has given notice of his intention, as hereinbefore required, to erect such a building or execute such work and the Commissioner has either intimated his approval of such building or work or failed to intimate his disapproval thereof within the period prescribed in this behalf in rule 3 or 4:
Provided that the provisions of rule 5 shall be taken into account in computing such period;
(b) until he has given notice to the City Engineer of the proposed date of commencement:
Provided that if the commencement does not take place within seven clear days of the date so notified the notice shall be deemed not to have been given;
(c) until he has made such sanitary arrangements as the Commissioner may require for the workmen employed on the work;
(d) after the expiry of the period of one year prescribed in rules 3 and 4 respectively for proceeding with the same or after the expiry of the period of one year from the date of the suspension or stoppage of such work when it is once commenced.
(2) If the person who is entitled under rule 3 or 4 to proceed with any building or work fails so to do within the period of one year prescribed in the said rules respectively for proceeding with the same, he may at any subsequent time give fresh notice of his intention to erect such building or execute such work; and thereupon the provisions hereinbefore contained shall apply as if such fresh notice were a first notice of such person's intention.
Provisions as to Structure, Materials, Etc.
### 7. Provisions as to buildings which are to be newly erected. - With respect to building which are to be newly erected the following provisions, in addition to the provisions of the bye-laws for the time being in force shall have effect, namely:- (a) the erection of any such building on either side of a new street may be disapproved by the Commissioner, unless and until such new street has been levelled, metalled or paved, sewered and drained to the satisfaction of the Commissioner;
(b) the erection of any such building in any part of the City in which the position and the direction of the streets likely to be required in future have not yet been laid down or determined or in which it is deemed expedient to lay out a public street under section 205, shall, with the assent of the Standing Committee, be disapproved by the Commissioner, unless the site proposed for such building is, in the opinion of the Commissioner, such as, with reference to the positions occupied by the building, if any, already existing in the neighbourhood, will admit of the construction in the future of one or more new streets convenient for the occupiers of all the building in the neighbourhood and for the purposes of drainages, water-supply and ventilation:
Provided that any person whose building is so disapproved may, by written notice to the Commissioner, require that the position and direction of the future street or of the proposed public street under section 205 in the vicinity of his intended building be forthwith laid down and determined and if such requisition be not complied with within six months from the date thereof, may, subject to all other provisions of the Act and the rule applicable thereto, proceed with the erection of the building.
(c) the erection of any such building in any part of the City may be disapproved by the Commissioner if such building or any portion thereof comes within the line of any street the position and direction of which has been laid down by the Commissioner, with the approval of the Standing Committee, but which has not been actually constructed, or within the regular line up of a new public street or of the extension of an existing public street which the Commissioner has been authorised to lay out under section 205;
(d) the foundation of any such building shall not be constructed on any site which has been filled up with or has been used as a place for depositing excrementitious matter or the carcasses of dead animals or other filthy or offensive matter until such master shall have been properly removed or rendered innocuous to the satisfaction of the Commissioner;
(e) the sub-soil of the site of a building shall, whenever the dampness or position of the site renders the precaution necessary, be effectually drained and the Commissioner may require such measures to be taken as well effectually protect the building from damp arising from the sub-soil.
### 8. Provisions of sufficient means of egress. - (1) Where the Commissioner is of opinion that the means of egress from any building are insufficient to allow of safe exit in the event of fire, or are by any cause rendered inadequate he may, by written notice, require the owner or occupier of the building to alter or reconstruct any existing staircase, lobby, passage or landing in such manner and with such materials or to provide such additional or emergency staircase or exits as he may prescribe. (2)
Every staircase landing or common passage of every building on each floor shall be kept free from obstruction, and no person shall permit any article to remain in any staircase, landing or common passage of any building in such a manner as may impede the passage of persons into, through and out of the said building.
(3) The existence of any article in any such staircase, landing or a common passage in any building shall be prima facie evidence that it was placed or permitted to remain therein by the owner or occupier of the building.
Inspection and Occupation of Buildings After Completion
### 9. Inspection and occupation of buildings after completion. - For the purposes of section 263- (a) inspection shall be commenced within seven days from the date of receipt of the notice of completion, and
(b) the Commissioner may, within seven days from the date of commencement of such inspection, by written intimation addressed to the person from whom the notice of completion was received, and delivered at his address as stated in such notice, or in the absence of such address, affixed to a conspicuous part of the building to which such notice relates:-
(i) give permission for the occupation of such building or for the use of the building or part thereof affected by such work, or
(ii) refuse such permission in case such building has been erected or such work executed so as to contravene any provisions of this Act or of the rules or bye-laws, or
(iii) refuse such permission until a private street.or other means of access to such building fixed and determined under section 220 has been properly constructed and approved by the Commissioner;
(iv) refuse such permission unless the site of the building, or adjacent sites, as the case may be, are properly cleansed by the removal of all surplus building materials, debris, earth, rubbish and the tools used for building purposes.
### 10. Building not to be converted to other purposes without permission of Commissioner. - No person shall, without the written permission of the Commissioner or otherwise than in conformity with the terms of such permission- (a) use or permit to be used for human habitation any part of building not originally constructed or authorised to be used for that purpose;
(b) convert into, or use, or permit to be used, as a chawl or building intended to form a range of separate rooms for lodgers, a building not originally designed or authorised to be so used;
(c) use or permit to be used any building or part of a building originally constructed or authorised to be used for human habitation as a godown, warehouse, workshop, factory, stable, motor-garage, shop, stall, market or bazaar;
(d) make any alteration or cause any alteration to be made in an existing building originally constructed or authorised to be used for human habitation for the purposes of using it or causing it to be used as a godown, warehouse, workshop, workplace,-factory, stable, motor-garage, shop, stall, market or bazaar;
(e) use or permit to be used as a godown, warehouse, workshop, workplace, factory, stable, motor-garage, shop, stall, market or bazaar any building or part of a building not originally constructed or authorised to be used for any such purpose respectively.
Explanation. - Chawl" shall mean a building consisting of two or more tenements having common sanitary and other amenities. If any question arises whether any building is a chawl, the decision of the Commissioner shall be final.
### 11. Alteration in buildings causing infringement of any rule or by. - law not to be carried out.-No person shall make any alteration whatsoever in an existing building if the result of such alteration is that the requirements of this Act or of the rules or bye-laws are contravened, notwithstanding that such alteration in itself does not require the permission or sanction of any authority under this Act. ###
12. Roofs and external walls of buildings not to be of inflammable materials. - (1) No external wall and no covering of a roof built or renewed since the appointed day shall, except with the written permission of the Commissioner, consist of wood, cloth, canvas, grass, leaves, mats or any other inflammable material.
(2) If any external wall or covering of a roof is or has been, before the appointed day, constructed of any such material, the Commissioner may, by written notice, require the owner or occupier of the building to which such wall or roof appertains to remove such wall or covering.
(3) Where permission is given under sub-rule (1) or where, any wall or roof is not required to be removed under sub-rule (2), the Commissioner may by order in writing require such precautions to be taken as he may specify against danger from fire.
### 13. Staircases, etc., to be lighted at night. - Where any staircase, passage or private court of or in a building divided into two or more separate tenements or the spaces near or leading to latrines or urinals or washing places therein are without any means of lighting at night time and of extinguishing such light or if the Commissioner is of opinion that the existing means of lighting a staircase, passage or private court of or in any such building or the spaces near or leading to latrines or urinals or washing places therein available for the persons occupying or employed in such building or the means of extinguishing any such light are insufficient the Commissioner [may, at the request of the occupants of such building or of his own motion, by written notice, require the owner] of such building- (a) to provide, fit up and maintain such or such additional means of lighting the staircase, passage or private court or the spaces near or leading to latrines or urinals or washing places as he may prescribe and keep them lighted until such time as he may specify in the notice;
(b) to provide the necessary lamps, brackets and the necessary supply of gas, electricity or any other means of lighting and all means of extinguishing any lights which he is required to provide;
(c) to substitute for any existing means of lighting and extinguishing lights such other means of lighting or extinguishing lights, as he may prescribe.
[13A. Power of Commissioner to make certain provisions in building referred to in rule 13. - Notwithstanding anything contained in rule 13, in the case of a building to which rule 13 applies, the Commissioner may, at the request of the occupants of such building, make provisions in such building for all or any of the matters specified in clauses (a) , (b) and (c) of rule 13, from the fund of the Corporation and recover the whole of the expenses incurred by him in making any such provision or such part thereof as he thinks proper, from the occupants of such building as he may determine:
Provided that the Commissioner shall not commence any work connected with the making of such provision until the occupants of the building have deposited with the Commissioner such amount as he may direct.]
### 14. Inspection of buildings by day or by night. - Any municipal officer or servant authorised by the Commissioner in this behalf may at any time between sunrise and sunset or upto 10 p.m. by night without notice enter any building for the purpose of ascertaining whether there is any contravention of the terms of any notice given under rule 13. Building Loans
### 15. Power of Commissioner to make advances for the purposes of increasing housing accommodation. - (1) Subject to the provisions of this Act, the Commissioner may, with the previous sanction of the Standing Committee, advance loans to persons or bodies or persons- (a)
constructing or altering or undertaking to construct or alter building intended for the poorer sections of the community;
(b) carrying out or undertaking to carry out repairs to such building in cases where the Commissioner considers that, having regard to the cost of those repairs or the financial position of the applicant, it is reasonable to give such assistance.
(2) Persons or bodies of persons desiring assistance by way of such advances may make an application to the Commissioner in such form as may be prescribed for a loan to be advanced by way of mortgage on the security of the building to be so constructed, altered or repaired, and the Commissioner may, after making such inquiry as he thinks necessary, and subject to the conditions mentioned in sub-rule (3) and such other conditions as the Corporation may prescribe, advance such loan.
(3) Every such loan shall be subject to the following among other conditions:-
(a) that the building in respect of which the loan is to be advanced will when the construction, alteration or repair has been completed be in all respects fit for human habitation and shall be used wholly or mainly for residential purposes;
(b) that the period within which the loan shall be repayable shall not exceed thirty years from the date of the completion of the construction, alteration or repair of the building;
(c) that the amount of the loan shall not exceed sixty per cent of the cost of the construction, alteration or repair of the building (including out-houses and other works, if any, connected therewith) irrespective of the period of repayment;
(d) that the aggregate amount of the loan shall not exceed ten thousand rupees in the case of any one person or body of persons;
(e) that the amount of the loan with interest thereon shall be secured by a mortgage of the building (including outhouses and other works, if any, connected therewith) together with the site on which they are erected in favour of the Corporation containing such covenants and conditions as may be prescribed;
(f) that, where the property intended to be mortgaged includes a leasehold interest, no loan shall be made unless that interest, is a term of years absolute whereof a period of not less than ten years in excess of the period for repayment of the loan remains unexpired at the date of the loan.
Assistance To Housing Associations.
### [15A. Power to Commissioner to promote and assist housing association. - (1) The Commissioner, for the purpose of section 284F may with the previous approval of the Standing Committee promote formation or extension of or, subject to the provisions of this Act, assist a housing association.
(2) Where a housing association is desirous of erecting dwellings for the poorer classes, the Commissioner may for this purpose with the previous approval of the Standing Committee acquire land with a view to selling or leasing it to the association and the provisions of section 284K shall apply to such acquisition.
(3) The Commissioner may, for the assistance of a housing association with the previous approval of the Standing Committee, make grants of loans to the association on such terms and subject to such conditions as to rate of interest and repayment or otherwise and on such security as the Standing Committee may stipulate; or give grants to the association.
Explanation. - For the purpose of this rule "a housing association" means a society including a co-operative housing society or body of trustees or a company, established for the purpose of or amongst whose objects or powers are included constructing, improving or managing or facilitating or encouraging construction or improvement of houses for the poorer classes, being a society, body of trustees or company not trading for profit.]
Chapter XIII
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Powers of Fire-Brigade Officers
Powers of Fire Brigade Officers at a Fire. - On a Occasion of a Fire the Chief or any other Officer in charge of the Fire-Brigade may do all or any of the Following Acts:-
(a) remove or order any fireman or other officer or person under his command to remove any person who interferes by their presence with the operations of the fire-brigade;
(b) take generally any measure that appears expedient for the protection of life and property with power, by himself or by the persons under his command, to break into or through or take possession of, or pull down any premises for the purpose of putting an end to or limiting the spread of such fire, doing as little damage as possible;
(c) cause the water to be shut off from the mains and pipes of any area in order to give a greater supply and pressure of water in the area in which the fire has occurred and utilize the water of any stream, tank, cistern, well or tank available for the purpose of extinguishing or limiting the spread of such fire;
(d) close any street or passage in or near the site of the fire;
(e) give orders for the rendering of such assistance as he may deem advisable by the person in charge of any fire engine;
(f) use any premises for the passage of any house or other appliance;
(g) take generally any measures that may appear necessary or expedient for the protection of life or property.
Chapter XIV
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Sanitary Provisions
Scavenging and Cleansing
### 1. Duty of owners and Occupiers to collect and Deposit dust, Etc. - (1) It shall be incumbent on the owners and occupiers of all Premises to cause all dust, ashes, refuse, rubbish and trade refuse to be Collected from their respective premises and to be deposited at such times in such manner and with such precautions as the commissioner, by public notice, from time to time determines in the public receptacle, depot or place provided or appointed under section 292 for the temporary deposit or final disposal thereof: Provided that the Commissioner may, if he thinks fit, by written notice, require the occupier and owner of any premises or either of them to cause all dust, ashes, refuse and rubbish, but not trade refuse, to be collected daily, or otherwise periodically from the said premises and deposited temporarily upon any place forming the part of the said premises which the Commissioner appoints in this behalf, and it shall be incumbent on the said occupier and owner or either of them to cause the said matter to be collected and deposited accordingly.
(2) If shall be incumbent on the owners of all premises to provide receptacles of a size and material to be prescribed by the Commissioner in such number and retained in such positions as the Commissioner may from time to time by written notice direct for the collection therein of all dust, ashes, refuse, rubbish and trade refuse to be collected from such premises and to keep such receptacles at all times in good repair and condition.
(3) It shall also be incumbent on the owners and occupiers or either of them of all premises, when required by the Commissioner by written notice so to do, to employ servants for the purpose of carrying out and complying with the requirements of sub-rule (1).
### 2. Collection and removal of excrementitious and polluted matter when to be provided for by occupiers. - It shall be incumbent on the occupier of any premises situate in any portion of the city for which the Commissioner has not given m public notice under clause (a) of sub-section (1) of section 131 and in which there is not a water-closet or privy connected with a municipal drain, to cause all excrementitious and polluted matter accumulating upon his premises to be collected and to be conveyed to the nearest receptacle or depot provided for this purpose, under clause (d) of section 292, at such times, in such vehicle or vessel, by such route and with such precautions, as the Commissioner by public notice from time to time specifies. ###
3. Prohibition of failure to remove refuse, etc., when bound to do so. - No person-
(a) who is bound under rule 1 or rule 2 to cause the removal of dust, ashes, refuse, rubbish and trade refuse or of excrementitious or polluted matter, shall allow the same to accumulate on his premises for more than twenty-four hours or shall keep the same otherwise than in a proper receptacle or neglect to cause the same to be removed to the depot, receptacle or place provided or appointed for the purpose;
(b) shall remove any dust, ashes, refuse, rubbish, or trade refuse or any excrementitious or polluted matter, otherwise than in conformity with the requirements of any public or written notice for the time being in force under rule 1 or use for the removal of any excrementitious or polluted matter any vehicle or vessel not having a covering proper for preventing the escape of any portion of the contents thereof or of the stench therefrom;
(c) shall, whilst engaged in the removal of any dust, ashes, refuse, rubbish, or trade refuse or any excrementitious or polluted matter, fail forthwith thoroughly to sweep and clean the spot in any street upon which, during removal, any portion thereof may fall and entirely to remove the sweepings;
(d) shall place or set down in any street any vehicle or vessel for the removal of excrementitious and polluted matter, or suffer the same to remain in any street for any greater length of time than is reasonably necessary;
(e) shall throw or place any dust, ashes, refuse, rubbish, or trade refuse or any excrementitious or polluted matter, on any street, or in any place not provided or appointed for this purpose under section 292 or rule 1;
(f) who is the owner or occupier of any building or land, shall allow any filthy matter to flow, soak or be thrown therefrom, or keep or suffer to be kept therein or thereupon/anything so as to be a nuisance to any person, or negligently suffer any privy-receptacle or other receptacle or place for the deposit of filthy matter or rubbish on his premises to be in such a state as to be offensive or injurious to health.
### 4. Presumption as to offender under [clause (e) ] of rule 3. - If it shall in any case be shown that dust, ashes, refuse, rubbish, or trade refuse or any excrementitious or polluted matter, has or have been thrown or placed in any street or place in contravention of [clause (e)] of rule 3 from some building or land, it shall be presumed, until the contrary is proved, that the said offence has been committed by the occupier of the said building or land. ###
5. Removal of rubbish and filth accumulating in large quantities on premises. - (1) If any person who is bound under rule 1 to cause the collection and deposit of dust, ashes, refuse, rubbish, and trade refuse or-under rule 2 to cause the collection and removal of excrementitious and polluted matter shall allow the same to accumulate on his premises for more than twenty-four hours or shall keep the same otherwise than in a proper receptacle or shall neglect to cause the same to be removed to the receptacle, depot or place provided or appointed for the purpose, the Commissioner, may, in addition to the institution of any proceeding provided for in this Act, by written notice require such person to collect forthwith all such dust, ashes, refuse, rubbish, or trade refuse or excrementitious or polluted matter accumulated thereon and remove the same forthwith in the manner and to the place provided by or under this Act.
(2) If such person shall fail to comply with the notice given under sub-rule (1), the Commissioner may cause the dust, ashes, refuse, rubbish, or trade refuse or excrementitious or polluted matter, accumulated in such premises to be removed and such charge as the Commissioner may, with the sanction of the Standing Committee, fix, shall be paid by such person towards the cost of removal.
### 6. Contract with owner or occupier for removal of rubbish or filth. - The Commissioner may contract with the owner or occupier of any premises to remove rubbish or filth from such premises in such terms as to time and period of removal and other matters as may seem suitable to the Commissioner, and on payment of fees at such rate as the Corporation may determine. [6A. (1) It shall be incumbent on the owner of a private street to take reassures for securing the daily surface cleansing of such street and the removal of the sweepings therefrom.
(2) If in respect of any private street which appears to the Commissioner that the daily surface-cleansing thereof is being neglected, the Commissioner may, in addition to the institution of any proceedings provided for in this Act, by written notice require the owner thereof to cause the street to be cleaned.
(3) If the owner shall fails to comply with the notice given under sub-rule (2), the Commissioner may cause the surface of the street to be cleaned and such charge as the Commissioner may with the sanction of the Standing Committee fix shall be paid by the owner towards the cost of cleansing the surface of the street.
(4) The Commissioner may with the sanction of the Standing Committee contract with the owner of a private street to daily cleanse the surface of the street on such terms as to time, payment of charges therefor and other matters as may seem suitable to the Commissioner.]
Inspection and Sanitary Regulation of Premises
### 7. Removal of building materials from any premises may be required. - If it shall appear, to the Commissioner that any tiles, stones, rafters, building material or debris of building material are stored or collected in or upon any premises without the written permission of the Commissioner, in such quantity or bulk or in such a way as to constitute a harbourage or breeding place for rats or other vermin or otherwise a source of danger or nuisance to the occupiers of the said premises or to persons residing in the neighbourhood thereof, the Commissioner may, by written notice, require the owner of such premises, or the owner of the materials or debris so stored or collected therein, to remove or dispose of the same or to take such order with the same, as shall in the opinion of the Commissioner be necessary or expedient to abate the nuisance or prevent a recurrence thereof. ###
8. Measures against rats, etc., may be required in respect of premises used for storage of goods. - Where it appears to the Commissioner that any building or part thereof used for the storage of goods is used in such manner as to afford harbourage to rats, mice or other animals susceptible to plague or other vermin, he may require the owner or occupier by written notice to take such steps for the destruction of the rats, mice or other animals or other vermin as are specified in the notice or to carry out such works as will render the walls and floors of such building or part of a building proof against such infestation.
### 9. Abandoned to unoccupied premises. - If any premises, by reason of abandonment or disputed ownership or any other reason, remain untenanted or unoccupied and thereby become a resort of disorderly persons or, in the opinion of the Commissioner, a nuisance, the Commissioner, after such inquiry as he deems necessary, may give written notice to the owner of such premises, if he be known and resident within the city, or to any person who is known or believed to claim to be the owner, if such person is resident within the City, and shall also affix a copy of the said notice on some conspicuous part of the said premises, requiring all persons having any right of property or interest therein to take such order with the said premises as shall in the opinion of the Commissioner be necessary to prevent the same from being resorted to as aforesaid or from continuing to be a nuisance. ###
10. Neglected premises or private streets. - (1) If it shall appear to the Commissioner that any premises are overgrown with rank and noisome vegetation or trees or undergrowth injurious to health or offensive to neighbouring inhabitants or are otherwise in an unwholesome or filthy condition or, by reason of their not being properly enclosed, are resorted to by the public for purposes of nature, or are otherwise a nuisance to the neighbouring inhabitants, the Commissioner may by written notice, require the owner or occupier of such premises to cleanse, clear or enclose the same or, with the approval of the Standing Committee, may require him to take such other order with the same as the Commissioner thinks necessary.
(2) If it shall appear to the Commissioner that any private street is overgrown with rank and noisome vegetation or is otherwise in an unwholesome or filthy condition, the Commissioner may by written notice require the owners of the several premises fronting or adjoining the said street or abutting thereon to, cleanse or clear the same, or with the approval of the Standing Committee require them to take such other order with the same as the Commissioner may think necessary:
Provided that nothing herein contained shall affect the provisions of section 290.
(3) In so far as the unwholesome or filthy condition of such premises or such street or such nuisance as above-mentioned is caused by the discharge from or by any defect in the municipal drains or appliances connected therewith, it shall be incumbent on the Commissioner to cleanse such premises or such street.
### 11. Nuisance arising from defective roof or from dampness rising through ground floor surface or through walls. - (1) If it shall appear to the Commissioner that any building or any part of a building is in such a state as to constitute a nuisance or to be likely to give rise to one by reason of rain water leaking from its roof or any part of its roof, or by reason of dampness rising through its ground floor surface or through its walls, the Commissioner may, by notice in writing require the owner of such buildings to abate the nuisance or to prevent its recurrence within the time and by taking the measures and doing the acts to be specified in the notice. (2)
If at any time thereafter the Commissioner is of opinion that such a nuisance may recur he may, notwithstanding that the original nuisance may have been abated by the owner of the building under sub-rule (1) , give a further notice in writing to the said owner requiring him to abate the probable recurrence of the nuisance within the time and in the manner specified in the notice.
(3) If the owner of the building by whose act, default or sufferance such nuisance has arisen or continues is unknown or cannot be found, the Commissioner may take such measures or cause such work to be executed or such things to be done as shall in his opinion be necessary to abate such nuisance and to prevent its recurrence.
### 12. Power of Commissioner to call for statement of accommodation. - (1) The owner of a building shall, within a period of seven days after receipt of a written notice from the Commissioner, sign and give a certificate of the following particulars with respect to such building or any part thereof- (a)
the total number of rooms in the building;
(b) the length, breadth and height of each room; and
(c) the name of the person to whom he has let the or each part of the building occupied as a separate tenement.
The occupier of a building or of any part of a building occupied as a separate tenement shall, on like notice and within the like period, sign and give a certificate of the following particulars with respect to such building or part of such building as aforesaid which is in his occupation:
(a) the total number of persons dwelling in the building or any part of it,
(b) the manner of use of each room by day and by night, and
(c) the number, sex and age of the occupants of each room used for sleeping.
### 13. Nuisance caused by smoke of kitchens in dwelling houses. - (1) If at any time it shall appear to the Commissioner that any chimney of a kitchen in a dwelling house is in such a state as to constitute a nuisance by reason of smoke emitted from it, the Commissioner may by notice in writing require the owner of such building to abate the nuisance or to prevent its recurrence within the time and by taking the measures and doing acts to be specified in the notice. (2)
If at any time it shall appear to the Commissioner that in any dwelling house the smoke from the kitchen constitutes a nuisance for want of provision of any chimney, the Commissioner may by notice in writing require the owner to take such measures and do such acts for abating the nuisance as may be specified in the notice.
(3) If the owner of the building by whose act, default or sufferance such nuisance has arisen or continues is unknown or cannot be found, the Commissioner may take such measures or cause such work to be executed or such things to be done as shall in his opinion be necessary to abate such nuisance and to prevent its recurrence.
### 14. Abatement of nuisance from dust, smoke, etc. - If in the opinion of the Commissioner the storage, dumping or deposit in any building or land of coal, charcoal, ashes, cinders, gunny bags, wool, cotton or any material, or the shifting, breaking, cutting or burning of such coal, charcoal, ashes, cinders or material subjecting the same to any process causes or is likely to cause nuisance to the inhabitants in the neighbourhood of such building or land, by the emanation of dust, floating particles, smoke, unwholesome smell or noise or otherwise, he may, by notice, require the owner or occupier of such building or land to take such steps as may be specified in the notice for the abatement of such nuisance. ###
15. Filling in of pools, etc. which are a nuisance. - (1) For the purpose of this rule, a nuisance shall include-
(a) any pool, swamp, ditch, tank, well, pond, quarry-hole, drain, water-course or any collection of water;
(b) any cistern or other receptacle for water or any article or thing capable of collecting rain water during the monsoon season, whether within or outside a building;
(c) any land on which water accumulates or is likely to accumulate; or
(d) any premises or any part or any premises occupied, or unoccupied, or under construction, reconstruction or demolition, which in the opinion of the Commissioner is or is likely to become, a breeding place of mosquitoes or which is, in any other respect, a nuisance as defined in clause (40) of section 2.
(2) The Commissioner may, by notice in writing, require the person by whose act, default or sufferance a nuisance arises, exists or continues, or is likely to arise, and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or any one or more of such person, owner, lessee, and occupier to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and within such period of time as the Commissioner shall prescribe in such notice.
(3) The Commissioner may also by any notice under sub-rule (2) or by another notice, served on such person, owner, lessee and occupier, or on any one or more of them, require them, or any one or more of them to take all steps requisite or necessary to prevent a recurrence of the nuisance and may, if he thinks it desirable, specify any work to be executed, or measures to be carried out for that purpose and may serve any such further notice notwithstanding that the nuisance may have been abated or removed if he considers that it is likely to recur:
Provided that if at any time within four months from the date of the service of any such notice, the nuisance recurs through the failure of the person or persons, upon whom such notice has been served to comply with the requirements contained in such notice, such person or persons shall be liable without any further notice to the penalties provided for offences under this rule.
(4) Where the nuisance arises or exists or is likely to arise or recur in connection with the construction, reconstruction or demolition of any premises, or any part of any premises, the Commissioner may, in addition to serving any notice or any one or more of the persons mentioned in sub-rule (2), serve any such notice on any architect, surveyor, contractor or other person employed to carry out such work of construction, reconstruction or demolition and also on any sub-contractor employed by such contractor or other person, or any one or more of such contractor, person and sub-contractor.
(5) The Commissioner may, by notice in writing, require any person, owner, lessee and occupier or anyone or more of them, to provide a ladder or ladders (either fixed or moveable) for the purpose of inspection of roof gutters by the municipal staff, if such gutters in any premises are likely to become a breeding place of mosquitoes due to the accumulation of water.
(6) If any person who, by a requisition made under sub-rule (2) or sub-rule (3) is required to fill up, cover over or drain off a well, delivers to the Commissioner, within the time prescribed for compliance therewith, written objections to such requisition, the Commissioned shall report such objections to the Standing Committee and shall make further inquiry into the case, and he shall not institute any prosecution under section 481 for failure to comply with such requisition except with the approval of the Standing Committee, but the Commissioner may nevertheless, if he deems the execution of the work called for by such requisition to be or urgent importance, proceed in accordance with section 479 and, pending the Standing Committee's disposal of the question whether the said well shall be permanently filled up, covered over or otherwise dealt with, may cause such well to be securely covered over so as to prevent the ingress of mosquitoes, and in every such case the Commissioner shall determine, with the approval of the Standing Committee, whether the expenses of any work already done as aforesaid shall be paid by such person, or by the Commissioner out of the Municipal Fund or shall be shared and if so, in what proportions.
### 16. Permission for new well, etc. - (1) No new well, tank, pond, cistern or fountain shall be dug or constructed without the previous permission in writing of the Commissioner. (2)
If any such work is begun or completed without such permission, the Commissioner may either,-
(a) by written notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Commissioner shall prescribed, or
(b) grant written permission to retain such work, but such permission shall not exempt such owner from proceedings for contravening the provisions of sub-rule (1).
### 17. Precautions in case of dangerous tanks, wells holes, etc. - (1) If the Commissioner is of opinion that any tank, pond, well, hole, stream, dam, bank or other place is, for want of sufficient repair, protection or enclosure, dangerous to passersby, or to persons living in the neighbourhood, he may by written notice require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom. (2)
If in the opinion of the Commissioner immediate action is necessary, he may himself, before giving such notice or before the period of notice expires, take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be paid by the owner.
### 18. Power to order cleansing of insanitary private water course, spring, tank, well, etc., used for drinking. - (1) The Commissioner may by written notice require the owner of, or person having control over, any private watercourse, spring, tank, well or other place the water of which is used for drinking, bathing or washing clothes to keep the same in good repair, to cleanse it in such manner as the Commissioner may direct and to protect it from pollution caused by surface drainage or other matter in such manner as may be provided in the notice. (2)
If the water of any private tank, well, or other place which is used for drinking, bathing or washing clothes, as the case may be, is proved to the satisfaction of the Commissioner to be unfit for that purpose, the Commissioner may by notice require the owner or person having control thereof to-
(a) refrain from using or permitting the use of such water, or
(b) close or fill up such place or enclose it with a substantial wall or fence.
### 19. Duty of Commissioner in respect of public well or receptacle of stagnant water. - If it appears to the Commissioner that any public well or receptacle of stagnant water is likely to be injurious to health or offensive to the neighbourhood, he shall cause the same to be cleansed, drained or filled up. ###
20. Dangerous quarrying may be stopped. - If, in the opinion of the Commissioner, the working of any quarry, or the removal of stone, earth or other material from any place, is dangerous to persons residing in or having lawful access to the neighbourhood thereof or creates or is likely to create a nuisance, the Commissioner may, with the approval of the Standing Committee, by written notice require the owner of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place, or to take such order with such quarry or place as he shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise or likely to arise therefrom.
### 21. Removal and trimming of trees, shrubs and hedges. - (1) If, in the opinion of the Commissioner,- (a)
any hedge is at any time insufficiently cut or trimmed, or overgrown with prickly-pear or other rank vegetation;
(b) any tree or shrub has fallen or is likely to fall to the danger of public safety or overhangs or obstructs any street or street light to the inconvenience or danger of passengers therein,
(c) any tree situated within any premises has fallen or if any such tree or any branch or fruit thereof is likely to fall and is in any way dangerous to any person occupying, resorting to or passing by such premises or to any structure or place in the neighbourhood thereof; or
(d) any tree situated within any premises causes or is likely to cause inconvenience or nuisance to any person occupying such premises or any neighbouring premises, the Commissioner may, by written notice, require the owner or occupier of the land on which such hedge, tree or shrub is or has been growing:-
(i) to cut down such hedge to a height not exceeding four feet and to a width not exceeding three feet, and to remove any such prickly-pear or other rank vegetation therefrom; or
(ii) to remove, cut, lop or trim such tree or shrub or remove the fruit thereof, as the case may be.
(2) In any case falling under clause (b) or (c) of sub-rule (1), the Commissioner may, if for the public safety it shall appear to him necessary so to do, cause any tree or shrub to be removed, cut, lopped or trimmed or cause any fruit thereof to be removed or cause a part of a street to be fenced off or cause any other measures which he deems necessary to arrest the danger to be taken without previously giving the said owner or occupier notice as aforesaid and the expense thereof shall, nevertheless, be paid by the owner or occupier.
Keeping and Destruction of Animals
### 22. Prohibitions as to keeping animals. - (1) No person shall,- (a)
without the-written permission of the Commissioner or otherwise than in conformity with the terms of such permission keep or allow to be kept in any part of the City any swine, horses, cattle goats, sheep, donkeys or such other four-footed animals as the Commissioner may, from time to time, by public notice direct;
(b) feed any animal or suffer or permit any animal to be fed or to feed, with or upon excrementitious matter, dung, stable refuse or other filthy matter;
(c) keep any animal or bird on his premises so as to be a nuisance or so as to be dangerous.
(2) The Commissioner may,-
(a) specify in the written permission the limit of the number of animals to be kept on particular premises, or
(b) refuse to give or renew permission if he shall be of opinion that the keeping of the animals on any premises is or is likely to be nuisance or danger to any person or objectionable on sanitary grounds.
(3) Any swine found straying may be forthwith destroyed and the carcass thereof disposed of as the Commissioner shall direct, and no claim shall lie for compensation for any swine so destroyed.
(4) The Commissioner shall make provision for affixing marks for purpose of identification of animals in respect of which permission is granted under sub-rule (i).
### 23. Tethering animals in excess of permitted number prohibited. - No person shall tether any animal or cause or permit the same to be tethered beyond the limit authorised by any permission granted under rule 22 or allow any animal to stray at any place in any part of the City. ###
24. Stabling animals or storing grain in dwelling house may be prohibited. - Where a building or any portion thereof is used or intended to be used for human habitation and any portion of such building is used for any of the following purposes, namely :-
(a) for keeping any horse, cow, buffalo, goat, sheep or donkey, or
(b) as a godown or place for the storage in connection with wholesale trade of grain, seed or groceries, the Commissioner may, if it shall appear to him necessary for sanitary reasons to do so, by written notice require the owner or occupier of such building to discontinue the use of such building for any such purpose:
Provided that the Commissioner may permit such use, subject to such condition as he may think fit to prescribe.
Regulation of Factories, Trades, Etc.
### 25. New factories. - (1) Every application for permission under section 313 shall be in writing and shall give such information and be accompanied by such plans as may be prescribed by bye-laws. (2)
The Commissioner may, as soon as may be, after the receipt of the application,-
(a) grant the permission applied for either absolutely or subject to such conditions as he thinks fit to impose, provided the location of such factory, workshop, work-place or bakery is not contrary to any requirement of this Act or any rule, bye-law, regulation or standing order, or
(b) refuse to give such permission if he shall be of opinion that the establishment of such factory, workshop, work-place or bakery in the proposed position is objectionable by reason of the density of the population in the neighbourhood thereof, or will be for any reason a nuisance to the inhabitations of the neighbourhood.
(3) If any written permission for the establishment of a factory, workshop, work place or bakery granted under sub-rule (2) be revoked by the Commissioner in the exercise of his power under sub-section (3) of section 386, no person shall continue or resume the working or use of such factory, work-shop, work-place or bakery until such written permission is renewed or a fresh written permission is granted by the Commissioner.
### 26. Furnaces used in trade or manufacture to consume their own smoke. - (1) The Commissioner may by public notice direct that every furnace employed or to be employed for the purpose of any trade or manufacture shall be so constructed, supplemented or altered as to consume its own smoke as far as may be practicable. (2)
No person shall after such direction-
(a) use or permit to be used any furnace employed for the purpose of any trade or manufacture, which does not, so far as practicable, consume its own smoke; or
(b) so negligently use or permit to be used any such furnace at that it shall not, as far as practicable, consume its own smoke.
(3) Nothing in this rule shall be deemed to apply to a locomotive engine used for the purpose of traffic upon any railway or for the repair of streets.
(4) Any person who contravenes the provisions of this rule, whether he be the owner or occupier of the premises in which the furnace is situated or the agent or some person employed by the owner or occupier for managing the same, shall be punished with fine which may extend, on a first conviction, to one hundred rupees and on a second or subsequent conviction, to a sum amounting to double the amount of the fine imposed on the last preceding conviction.
### 27. Sanitary regulation of factories etc. - (1) Whenever it shall appear to the Commissioner- (a)
that any factory, work-shop or work-place, or any building or place in which, steam, water, electrical or mechanical power is employed or any bakery is not kept in a cleanly state or is not ventilated in such a manner as to render harmless, as far as practicable, any gas, vapour, soot; dust or other impurity generated in the course of the work carried on therein, which is a nuisance or is so over-crowded while work is carried on as to be dangerous or injurious to the health of the person employed therein; or
(b) that any engine, mill-gearing, hoist or other machinery therein is so fixed or so insecurely fenced as to be dangerous to life or limb, the Commissioner may, by written notice, require the owner of such factory, work-shop, work-place or other building or place or bakery to take such order for putting and maintaining the same in a cleanly state, or for ventilating the same, or for preventing the same from being overcrowded or for preventing danger to life or limb from any engine, mill-gearing, hoist or other machinery therein, as he shall think fit.
(2) Nothing in this rule shall be deemed to affect any provision of the Indian Boilers Act, 1923, and nothing in this section which relates to fixing or fencing of any engine, mill-gearing, hoist or other machinery shall apply to any factory to which the provisions of the Factories Act, 1948 are applicable.
### 28. Prohibition of use of steam-whistle or steam trumpet without permission of the Commissioner. - (1) No person shall, without the written permission of the Commissioner, use or employ in any factory or any other place, any whistle, trumpet, siren or horn, worked by steam, compressed air, electricity or other mechanical means for the purpose of summoning or dismissing workmen or persons employed. (2)
The Commissioner may at any time revoke any permission which he has given for the use of any such instrument as aforesaid, on giving one month's notice to the person using the same:
Provided that nothing in sub-rule (2) shall be deemed to require one month's notice to be given by the Commissioner, if he suspends or revokes any such permission for any reason specified in sub-section (3) of section 386.
### 29. Commissioner may issue directions for abatement of nuisance caused by steam or other power. - (1) If, in any factory, work-shop, work-place or any building or place in which steam, water, electrical or mechanical power is used, nuisance is in the opinion of the Commissioner caused by the particular kind of fuel used or by the noise or vibration created, or in any other manner, he may issue such directions as he thinks fit for the abatement of the nuisance within a reasonable time to be specified for the purpose. (2)
If there has been wilful default in complying with such direction or if abatement is found impracticable, the Commissioner may-
(a) prohibit the use of the particular kind of fuel; or
(b) prohibit the working of the factory, work-shop or work-place altogether until such directions have been carried out or between the hours of 6 p.m. and 6 a. m. or during any particular time or times between such hours.
Prohibition of Corruption of Water by Chemicals, Etc.
### 30. Power of inspection. - (a) The Commissioner may, after giving not less than twenty-four hours previous notice in writing to the owner or to the person who has the management or control of any works, pipes or conduits connected with any such manufacture or trade, as referred to in section 376, lay open and examine the said works, pipes or conduits. (b)
If, upon such examination, it appears that section 314 has been contravened by reason of anything contained in or proceeding from the said works, pipes or conduits, the expenses of such laying open and examination, and of any measure which the Commissioner shall, in his discretion, require to be adopted for the discontinuance of the cause of such contravention, shall be paid by the owner of the said works, pipes or conduits or by the person who has the management or control thereof or through whose neglect or fault the said section has been contravened.
(c) If it appears that there has been no contravention of the said section, the said expenses and compensation for any damage occasioned by the said laying open and examination shall be paid by the Commissioner.
### 31. Power of Commissioner to require owner or occupier of factory, etc. to discontinue the use of such factory. - Whenever it shall appear to the Commissioner that any factory, work-shop, work-place or any building or any place in which steam, water or mechanical or electrical power is employed or any bakery is or is likely to become by reason of the employment of such power or by noise or by any gas, vapour, smoke, vibration, dust or other impurity generated in the course of the work carried on in such place or by any other cause, a nuisance or danger to the life, health or property of persons in the neighbourhood, by may be written notice require the owner or occupier of such factory, work-shop, work-place, building or place or bakery to discontinue the use thereof for any of the purposes that may be specified in such notice. ###
32. Regulation of washing of clothes by washermen and provision of washing places. - (1) The Commissioner may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, except at such places as he shall appoint for this purpose.
(2) When any such prohibition has been made, neither the owner of the premises shall permit the washing of clothes nor any person who is by calling a washerman shall wash clothes at any place not appointed for this purpose by the Commissioner, except for such person himself or for the owner or occupier of such place.
(3) The Commissioner shall provide suitable places for the exercise by washermen of their calling and may require payment of such fees for the use of any such place as shall from time to time be determined by the Commissioner, with the approval of the Standing Committee.
Prevention of the Spread of Dangerous Diseases
### 33. Information to be given of the existence of dangerous disease. - (1) In the event of any person within the City, other than an in-patient in a public hospital, being attacked with a dangerous disease- (a)
every medical practitioner or person openly and usually practising the medical profession, who, in the course of such practice becomes cognizant of the fact, and
(b) the occupier of the building in which the person so attacked may be residing, or, if the occupier is himself the person attacked, then every adult member of the household, and
(c) every person in-charge of or in attendance on any person so attacked, shall, as soon as he becomes cognizant of the fact, forthwith report the same, or cause a report thereof to be made to the Medical Officer of Health:
Provided that no person shall be bound to make such report or to cause such report to be made, if such report has been so made.
(2) Information to be given of animal suffering from a contagious or infectious disease. - The owner or person in whose custody any animal may, be which is suffering from an infectious or contagious disease shall, as soon as he becomes cognizant of the fact, report the same or cause a report thereof to be made to the Medical Officer of Health:
Provided that no person shall be bound to make such report or to cause such report to be made, if such report has been so made.
### 34. Prohibition of use for drinking of water likely to cause dangerous disease. - (1) If it shall appear to the Commissioner that the water in any well, tank or other place is likely to endanger or cause the spread of any dangerous disease, he may, by public notice, prohibit the Removal or use of the said water. (2)
No person shall remove or use any water in respect of which any such public notice has been issued.
### 35. Power to order removal to hospital. - (1) The Commissioner or any police officer empowered by him in this behalf may, on a certificate signed by the Medical Officer of Health or by any duly qualified medical practitioner, direct or cause the removal of any person who is suffering from a dangerous disease and who is, in the opinion of such Medical Officer of Health or other medical practitioner, without proper lodging or accommodation, or is lodged in a building occupied by more than one family, or whose circumstances are such that proper precautions to prevent the spread of infection cannot be taken or that such precautions arc not being taken, to any hospital or place at which patients suffering from the said disease are received for medical treatment. (2)
The person if any, who has charge of a person in respect of whom an order is made under sub-rule (1) shall obey such order.
(3) No person who is removed to a hospital or place under sub-rule (1) shall leave, or be removed from, such hospital or place except with the permission of the officer-in-charge thereof.
### 36. Power to order detention in hospital of infected person without proper lodging to return to. - (1) Where a magistrate, not being a magistrate of the third class, is satisfied, on the application of the Medical Officer of Health that the inmate of a public hospital who is suffering from a dangerous disease would not, on leaving the hospital, be provided with lodging or accommodation in which proper precautions could be taken to prevent the spread of the disease by him, the magistrate may order him to be detained in the hospital at the cost of the Corporation. (2)
An order made under sub-section (1) may direct detention for a period specified in the order, but the magistrate may extend a period so specified as often as it appears to him to be necessary so to do.
(3) Any person who leaves a hospital contrary to an order under sub-rule (1) may, in addition to any penalty which may be imposed for such contravention, be ordered by the Court to be taken back to the hospital.
(4) An order under this rule may be directed, in the case of an order for a person's detention, to the officer in charge of the hospital and, in the case of an order made under sub-rule (3), to the Medical Officer of Health and the officer in charge of the hospital or institution and the Medical Officer of Health may do or authorise, all acts necessary for giving effect to the order.
### 37. Disinfection of buildings. - If the Commissioner is of opinion that the cleaning or disinfecting of a building, or of a part of a building or of any article therein likely to retain infection, would tend to prevent or check the spread of any dangerous disease, he may cause such building or part thereof or article therein to be cleansed or disinfected at the charge of the Municipal Fund and may cause such building to be vacated for such period as he deems necessary for such purpose: Provided that, if in the opinion of the Commissioner, the owner or occupier is able effectually to carry out such cleansing or disinfection, the Commissioner may cause the said building or part of the building or article likely to retain infection to be cleansed or disinfected by and at the charge of the owner or occupier thereof.
### 38. Place for disinfection may be provided. - (1) The Commissioner may provide a place, with all necessary apparatus and attendance for the disinfection of clothing, bedding or other articles which have become infected, and in his discretion may, have articles brought to such place for disinfection, disinfected on payment of such fees as he shall from time to time fix, with the approval of the Standing Committee, in this behalf or in any case in which he thinks fit, free of charge. (2)
Also for washing infected articles.-The Commissioner may, from time to time, by public notice appoint a place at which clothing, bedding or other articles which have been exposed to infection from any dangerous disease may be washed; and no person shall wash any such articles at any place not so appointed without having previously disinfected the same.
### 39. Exposure of persons and articles liable to convey dangerous disease prohibited. - (1) No person knowing that he is suffering from a dangerous disease shall expose other persons to the risk of infection by his presence or conduct in any street, public place, place of entertainment or assembly, school, club, place of religious worship, hotel, inn, dharamshala, lodging house, eating house, factory, shop, market or other place of public resort. (2)
No person having the care of a person whom he knows to be suffering from a dangerous disease, shall cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such place as aforesaid.
(3) No person shall give, lend, sell, transmit or expose without previous disinfection any clothing, bedding or rag which he knows to have been exposed to infection from any such disease or any other articles which he knows to have been so exposed and which is liable to carry such infection:
Provided that a person shall not incur any liability under this rule by transmitting with proper precautions any article for the purpose of having it disinfected.
(4) No person shall place or cause to be placed in a dustbin or other receptacle for the deposit of refuse any matter which he knows to have been exposed to infection from dangerous disease and which has not been disinfected.
### 40. Person suffering from dangerous disease not to carry on occupation of danger. - No person knowing that he is suffering from a dangerous disease shall engage in or carry on any trade, business or occupation which he cannot engage in or carry on without risk of spreading the disease. Explanation. - For the purposes of this rule, making, carrying or offering for sale or taking part in the business of making, carrying or offering for sale any article of food or drink for human consumption and any other trade, business or occupation which may from time to time be specified by public notice by the Medical Officer of Health shall be deemed to be a trade, occupation or business in which a person suffering from a dangerous disease cannot engage in or carry on without risk of spreading the disease.
### 41. Conveyances for persons suffering from a dangerous disease. - The Commissioner may provide and maintain a suitable conveyance or suitable conveyances for the free carriage of persons suffering from a dangerous disease and, when such provision is made, may by public notice prohibit the conveyance of such persons in all or any public conveyances. ###
42. Provisions as to use of public conveyance by persons suffering from dangerous disease. - (1) No person who knows that he is suffering from a dangerous disease, shall-
(a) enter any public conveyance used for the conveyance of persons at separate fares; or
(b) where no notice has been issued by the Commissioner under rule 41, enter any other public conveyance without previously notifying the owner or driver thereof that he is so suffering.
(2) No person having the care of a person whom he knows to be suffering from a dangerous disease shall permit that person to be carried-
(a) in any public conveyance used for the conveyance of persons at separate fares; or
(b) where no notice has been issued by the Commissioner under rule 41, in any other public conveyance without previously informing the owner or driver thereof that that person is so suffering.
(3) A person who contravenes any of the provisions of this rule shall, in addition to any other penalty to which he may be subject, be ordered by the Court to pay to any person concerned with the conveyance as owner, driver or conductor thereof a sum sufficient to cover any loss and expense incurred by him in connection with the disinfection of the conveyance.
### 43. Duty of owner, etc. of public conveyance in regard to cases of dangerous disease. - (1) The owner, driver or conductor of public conveyance used for the conveyance of passengers at separate fares shall not convey therein a person whom he knows to be suffering from a dangerous disease. (2)
The owner or driver of any other public conveyance notwithstanding that no notice has been issued by the Commissioner under rule 41, may refuse to convey therein any person suffering from a dangerous disease until he has been paid a sum sufficient to cover any loss and expense which will be incurred by him in connection with the disinfection of the conveyance.
(3) If a person suffering from a dangerous disease is conveyed in a public conveyance, the person in charge thereof shall, as soon as practicable and before permitting any other person to enter the conveyance, cause the conveyance to be disinfected.
### 44. Provision as to the letting of houses or rooms in hotel after recent cases of dangerous disease. - (1) No person who- (a)
If concerned in the letting of a house or part of a house, or in showing a house or part of a house with a view to its being let; or
(b) has recently ceased to occupy a house or part of a house, shall if questioned by any person negotiating for the hire of the house, or any part thereof, as to whether there is, or has been within the preceding six weeks, in any part of the house a person suffering from a dangerous disease, knowingly make a false answer to that question.
(2) No person shall let any house or part of a house in which a person has to his knowledge been suffering from a dangerous disease without having the house, and all articles therein liable to retain infection, disinfected to the satisfaction of the Medical Officer of Health or of some other registered medical practitioner as testified by a certificate signed by him.
(3) No owner or manager of a hotel, lodging house, serai or dharamshala, shall allow a room therein in which any person has to his knowledge been suffering from a dangerous disease to be occupied by any other person before the room and all articles therein liable to retain infection have been disinfected to the satisfaction of the Medical Officer of Health or of some other registered medical practitioner, as testified by a certificate signed by him.
### 45. Child liable to convey dangerous disease may be ordered not to attend school. - A person having the care of a child who is, or who has been, suffering from, or has been exposed to infection of, a dangerous disease, shall not, after receiving notice from the Medical Officer of Health that the child is not to be sent to school, permit the child to attend school, until he has obtained from the Medical Officer of Health a certificate, for which no charge shall be made, that in his opinion the child may attend school without undue risk of communicating the disease to others. ###
46. Infected clothes not to be sent to laundry etc. - (1) A person shall not send or take to any washerman or to any laundry or place set apart for the exercise by washermen of their calling or to any public water-course, tank or well for the purposes of being washed, or to any place for the purpose of being cleaned, any article which he knows to have been exposed to infection from a dangerous disease unless that article has been disinfected by, or to the satisfaction of, the Medical Officer of Health or a registered medical practitioner or is sent with proper precautions to a laundry for the purpose of disinfection, with notice that it has been exposed to infection.
(2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the Medical Officer of Health, furnish to him the address of any washerman to whom or any laundry or other place to which articles from the house have been, or will be, sent during the continuance of the disease for the purpose of being washed or cleaned.
### 47. Power to prohibit home work on premises where dangerous disease exists. - (1) If a case of a dangerous disease occurs in any place then, whether the person suffering from the disease has been removed from the place or not, the Medical Officer of Health may make an order forbidding any work to which this rule applies to be given out to any person living or working in that place or in such part thereof as may be specified in the order, and any order so made may be served on the occupier of any factory or other place from which it is given out, or on any contractor employed by any such occupier. (2)
An order under sub-rule (1) may be expressed to operate for a specified time or until the place or any part thereof specified in the order have been disinfected to the satisfaction of the Medical Officer of Health, or may be expressed to be inoperative so long as any other reasonable precautions specified in the order are taken.
(3) This rule applies to the making, cleansing, washing, altering, ornamenting, finishing or repairing of wearing apparel and any work incidental thereto, and to such other classes of work as may from time to time by public notice be specified by the Commissioner.
### 48. Provisions as to library books. - (1) A person who knows that he is suffering from a dangerous disease shall not take any book, or cause any book to be taken for his use, or use any book taken from any public or circulating library. (2)
A person shall not permit any book which has been taken from a public or circulating library, and is under his control, to be used by any person whom he knows to be suffering from a dangerous disease.
(3) If a book taken from a public or circulating library is to the knowledge of the person who has so taken it exposed to infection from a dangerous disease, he shall not return the book to the library but shall give notice to the person in charge thereof that it has been exposed to infection.
(4) On receiving a notice under sub-rule (3), the person in charge of the library shall cause the book to be disinfected and returned to the library or shall cause it to be destroyed.
### 49. Person ceasing to occupy house to disclose to owner any recent case of dangerous disease and to disinfect. - (1) Every person who ceases to occupy a house or part of a house in which to his knowledge a person has within six weeks previously been suffering from dangerous disease shall- (a)
have the house, or part of the house, and all articles therein liable to retain infection disinfected to the satisfaction of the Medical Officer of Health or some other registered medical practitioner, as testified by a certificate signed by him;
(b) give to the owner of the house or the part of the house, notice of the previous existence of the disease; and
(c) on being questioned by the owner as to whether within the preceding six weeks there has been therein any person suffering from any dangerous disease, give a true and correct answer to such question.
(2) The Medical Officer of Health shall give notice of the provisions of this rule to the occupier and also to the owner of any house in which he is aware that there is a person suffering from a dangerous disease.
### 50. Avoidance of contact with body of person who suffered from dangerous disease. - Every person having the charge or control of any place in which is lying the body of a person who has died while suffering from a dangerous disease shall take such steps as may be reasonably practicable to prevent persons coming unnecessarily into contact with, or proximity to, the body. ###
51. Disposal of dead bodies in certain cases. - (1) No person shall, without the written sanction of the Medical Officer of Health, retain in any place, other than a public mortuary, for more than twelve hours the body of any person who has died while suffering from a dangerous disease.
(2) If any such body, not being a body kept in a public mortuary, remains undisposed of for more than twelve hours without sanction as aforesaid or if the dead body of any person is retained in any building so as to endanger the health of the inmates thereof or of an adjoining or neighbouring buildings, a magistrate may, on the application of the Commissioner, order the body to be removed and disposed of within a specified time and, on such order being made, unless the relatives or friends of the deceased person undertake to, and do, cause the body to be disposed of within the time specified in the order, the Commissioner shall cause the body to be disposed of. Any expenses reasonably incurred by the Commissioner in so doing shall be paid by any person legally liable to pay the expenses of the disposal of the body unless the Commissioner waives recovery on the ground of poverty.
### 52. Restrictions in certain cases on removal of persons dying in hospital. - (1) If any person dies in a hospital or other place appointed for the accommodation of the sick, while suffering from a dangerous disease, and the Medical Officer of Health, or some other registered medical practitioner certifies that in his opinion it is desirable, in order to prevent the spread of infection, that the body should not be removed from the hospital or place except for the purpose of being taken direct to a mortuary or to a place set apart for the disposal of the dead, it shall not be lawful for any person to remove the body from the hospital or place except for such a purpose. (2)
In such case as aforesaid, when the body is removed for the purpose of disposal from the hospital or other place or any mortuary to which it has been taken, it shall forthwith be taken direct to some place set apart for the disposal of the dead and there disposed of.
Special Measures to Check Outbreak of Dangerous Diseases
### 53. Special Measures. - (1) The special measures to be taken and temporary regulations to be made by the Commissioner under section 319 may include any of the following matters, namely:- (a)
the evacuation of an infected building used as a dwelling or of any part thereof by the person or persons residing whether habitually or temporarily therein, provided sufficient accommodation for all persons affected is available, or is proved elsewhere;
(b) compulsory vaccination or preventive inoculation of persons entering, residing in, or leaving specified areas;
(c) the examination by a medical officer of persons and, if necessary, the disinfection of the clothing, bedding or other articles suspected of being infected belonging to persons either arriving from outside a specified area or residing in any building adjacent to any infected building in that area, the recording of the addresses of such persons, and the daily presentation of such persons for medical examination at a specified time and place, for a period not exceeding ten days;
(d) the prohibition either generally, or by special order in any individual case, of assemblages consisting of any number of persons exceeding fifty, in any place, whether public or private, or in any circumstances; or for any purpose;
(e) the closure, for a period to be specified of any theatre, cinema-house or other place of entertainment;
(f) the closure by a written notice to the authorities in charge of a school, of such school for such period as is specified in the notice;
(g) restrictions on the movements of persons exposed to infection from a dangerous disease or likely to infect other persons with any such disease;
(h) restrictions on the export from, or import into, or transport within a specified area of any goods or articles exposed to, and likely to retain infection from a dangerous disease or likely to infect persons with any such disease, or the destruction of any such goods or articles;
(i) the examination, unloading and disinfection, if necessary, at any place within or outside the City, of any consignment of grain or other foodstuffs, cotton or clothing exported from, or imported into, the City by road or rail;
(j) Closure of all or any existing markets and bazaars and appointment of special places where markets or bazaars may be held.
(2) When any regulation is in force, requiring compulsory vaccination or inoculation, any person who, or child in whose care, is sought to be vaccinated or inoculated in pursuance of the regulation may declare before a Magistrate exercising not less than Second Class powers that he believes that such vaccination or inoculation will be injurious to his health or the health of the child, as the case may be, and the Magistrate may, after giving notice to the Medical Officer of Health and after hearing any representation made by him or on his behalf, exempt such person or child from vaccination or inoculation on condition that the person aforesaid and the members of his family submit to isolation of such description and for such period and to such further restrictions, if any, as any be directed by the magistrate.
(3) The Commissioner may in his discretion give compensation to any person who sustains substantial loss by the destruction of any property under any provision of or any regulation made in accordance with this rule, but, except as allowed by the Commissioner, no claim for compensation shall lie for any loss or damage caused by the exercise of the powers specified therein.
Chapter XV
------------
Markets and Slaughter Houses
### 1. Provisions regarding approaches and environs of private markets. - (1) The Commissioner may- (a)
define or determine the limits of any private market or declare what portion of such market shall be made part of the existing approaches, streets, passages and ways to and in such market; and
(b) after hearing the owner or occupier of such market, by written notice require such owner or occupier to-
(i) lay out, construct, alter, clear, widen, pave, drain and light, to the satisfaction of the Commissioner, such approaches, streets, passages and ways to or in such market;
(ii) provide such conveniences for the use of persons resorting to such market; and
(iii) provide adequate ventilation and lighting of the market-building, or any portion thereof, including shops and stalls, as the Commissioner may think fit.
(2) The Commissioner may, by written notice, require such owner or occupier to maintain in proper order the approaches, streets, passages and ways to and in such market and such other conveniences as are provided for the use of persons resorting thereto.
### 2. Provisions, for requiring private market buildings and slaughter houses to be properly paved and drained. - The Commissioner may, by a written notice, require the owner, farmer or occupier of any private market or slaughter-house, to cause,- (a) the whole or any portion of the floor of the market-building, market-place or slaughter-house to be raised or paved with dressed stone or other suitable material;
(b) such drains to be made in or from the market-building, market-place or slaughter-house, of such material, size and description, at such level and with such outfall, as the Commissioner may appear necessary;
(c) a supply of water to be provided for keeping such market-building, market-place or slaughter-house in a clean and wholesome state;
(d) any shop, stall, shed, standing or other structure, in any private market to be altered or improved, in such manner as the Commissioner may consider necessary;
(e) any privy, water-closet or urinal or any other sanitary arrangement to be constructed or made at such site and in such manner as the Commissioner may deem necessary and expedient; and
(f) any other measures to be taken necessary, in his opinion in the interest of public health or sanitation.
Chapter XVI
-------------
Transport Undertaking
Fares and Charges
### 1. Exhibition of List of Fares and Charges. - A printed list of all the Fares and charges levied for the time being in such language or languages as the corporation may from time to time specify in this behalf, shall be exhibited in a conspicuous place inside each vehicle used by the transport undertaking for the conveyance of the public. ###
2. The fares and charges shall be paid to such persons, at such places upon or near the prescribed route of the transport service, and in such manner and under such regulations, as the Transport Committee shall, by notice to be annexed to the list of fares, prescribed.
Chapter XVII
--------------
Vital Statistics
Forms of Certificate of Death
Forms to be Provided. - For the purposes of section 369 the commissioner shall provide printed forms of the certificates of death and any duly qualified medical practitioner resident in the city shall be supplied, on application, with such forms free of charge.
Chapter XVIII
---------------
Articles for Keeping Which the Trades and Occupations for Which Licences are Needed
Part I – Articles which shall not be kept without a licence in or upon any premises Dynamite.
-----------------------------------------------------------------------------------------------
Blasting powder.
Fulminate of mercury.
Gun-cotton.
Nitro-glycerine.
Phosphorous.
Part II
---------
Articles Which Shall not be Kept Without a Licence, in or upon any Premises in Quantities Exceeding at any one time the Maximum Quantities hereunder set Opposite such Article Respectively
| | |
| --- | --- |
|
**Articles**
|
\*\*Maximum quantity which may be kept, at any one
time without a licence\*\*
|
|
Bidi leaves
|
4 cwts.
|
|
Camphor
|
½ cwt.
|
|
Celluloid
|
4 cwts.
|
|
Celluloid goods
|
4 cwts.
|
|
Cinematograph films
|
20 lbs.
|
|
Copra
|
4 cwts.
|
|
Cotton refuse and waste
|
4 cwts.
|
|
Cotton seed
|
12 cwts.
|
|
Dry leaves (Patravali, etc.)
|
4 cwts.
|
|
Gun Powder
|
5 lbs.
|
|
Matches for lighting
|
5 gross boxes
|
|
Methylated spirit and Denatured spirit
|
10 gallons
|
|
Paints
|
5 cwts.
|
|
Old paper (waste) including old newspapers, periodicals,
magazines, etc. kept for sale or for other than domestic use.
|
4 cwts.
|
|
Petroleum as defined in the Petroleum Act, 1934
|
10 gallons
|
|
Oil (other sorts)
|
20 gallons
|
|
"Oil-seeds", other than Cotton seed
|
1 ton.
|
|
Sulphur
|
½ cwts.
|
|
Tar, pitch, dammer or bitumen
|
½ cwts.
|
|
Turpentine
|
10 gallon
|
|
Varnish
|
40 cwts.
|
Part III
----------
Articles which shall not be kept without A licence for sale of for other than Domestic use in or upon any premises Irrespective of the quantity kept at any one time or in quantities Exceeding at any one time the Maximum Quantities Hereunder set Opposite such Article Respectively:
| | |
| --- | --- |
|
**Articles**
|
\*\*Maximum quantity, if any, which may be kept at
any one time without a licence\*\*
|
|
Bamboos
|
10 cwts.
|
|
Bones
|
|
|
Coconut fibre
|
|
|
Charcoal
|
|
|
Coal
|
|
|
Coke
|
|
|
Fat
|
|
|
Firewood
|
|
|
Fire works
|
|
|
Fish (dried) |
10 cwts.
|
|
Grass (dry) |
|
|
Gunny bags
|
|
|
Hair
|
|
|
Hay and fodder
|
|
|
Hemp
|
|
|
Hessian cloth (Gunny bag cloth)
|
|
|
Hides (dried) |
|
|
Hides (raw) |
|
|
Hoofs
|
|
|
Horns
|
|
|
Khokas or wooden boxes or barrels (manufacturing and storing)
|
|
|
Rags
|
10 cwts.
|
|
Skins
|
|
|
Timber
|
|
|
Wool (raw) |
3 cwts.
|
Part IV
---------
Trades or Operations Connected with Trade which shall not be carried on in or upon any premises without a Licence
Baking or preparing for human consumption (for other than domestic use) bread, biscuits or other articles made of flour.
Casting metals.
Condiments manufacturing.
Dyeing cloth or yarn, in indigo or other colour.
Electro-plating.
Keeping of eating-houses.
Keeping of sweetmeat shops except in premises already licensed as an eating-house.
Keeping of hair dressing saloon or barbers' shops.
Tanning, pressing or packing hides or skins whether raw or dried.
Manufacturing, packing, pressing, cleaning, cleansing, melting or preparing by any process whatever any of the following, articles:-
Aerated water.
Bones.
Bricks or tiles.
Catgut.
Cotton or cotton refuse or cotton seed.
Compressed coal.
Dammer.
Dynamite.
Fat.
Fireworks.
Ice, ice candies, ice fruit or ice cream.
Lime
Matches for lighting.
Paper.
Rubber goods.
Snuff.
Soap.
Sugar, sugar candy.
Tar.
Vegetable oil.
Chapter XIX
-------------
Penalties
### 1. Certain offences punishable with fine. - Whoever- (a) contravening any provisions of any of the rules, sub-rules and clauses mentioned in the first column of the following table or any regulation made thereunder; or
(b) fails to comply with any requisition lawfully made upon him under any of the said rules, sub-rules or clauses, shall be punished, for each such offence, with fine which may extend to the amount mentioned in that behalf in the second column of the said table.
| | |
| --- | --- |
|
**Rule, sub-rule or clause**
|
**Fine which may be imposed**
|
|
|
Chapter VIII
|
|
1, 2(2) , 5, 25
|
Fifty rupees.
|
|
[\*\*\*]
()
|
[\*\*\*]
()
|
|
|
Chapter IX
|
|
2(3) , 2(4), 4, 9(2), 11(1), 14(1), 15, 17(1), 18, 19(2), 19(3)
|
Fifty rupees
|
|
1(1) , 2(1), 5(a), 6, 10, 17(2)
|
One hundred rupees
|
|
2, 7(1) , 7(2), 8, 12, 13, 16, 19(1), 19(4)
|
Two hundred rupees
|
|
|
Chapter X
|
|
3(1) , 6, 7, 11(2), 18(2)
|
Fifty rupees
|
|
2(2) , 2(3), 8(1), 13, 14
|
One hundred rupees
|
|
2(1) , 3(1), 18(1)
|
Two hundred rupees
|
|
|
Chapter Xi
|
|
288(l) (e), 288(2)
|
Twenty rupees
|
|
|
Chapter XII
|
|
12(1) , 12(2), 12(3)
|
Ten rupees
|
|
8(2) , 13
|
Fifty rupees
|
|
8(1) |
One hundred rupees
|
|
11
|
Two hundred rupees
|
|
10
|
Five hundred rupees
|
|
5(1) |
One hundred rupees
|
|
|
Chapter XIV
|
|
1, 2, 13(1) , 13(2), 32(2)
|
Twenty rupees
|
|
3, 5(1) , 7, 10, 11(1), 11(2), 14, 17, 18(1), 21(1), 24, 28(1),
34(2) , 41, 48(1), 48(2), 48(3), 48(4)
|
Fifty rupees
|
|
8, 18(2) , 22(1), 23, 33(1), 35(2), 35(3), 36, 38(2), 39(1),
39(2) , 39(4), 40, 44, 45, 46(2), 49(1), 42(1), 42(2), 50, 51(1)
|
One hundred rupees
|
|
12, 15, 29(1) , 34(2), 46(1), 52(1), 52(2)
|
Two hundred rupees
|
|
16(1) , 16(2), 27(1), 47
|
Two hundred and Fifty rupees
|
|
20, 29(2) , 31, 39(3), 43(1), 43(3), 44(2), 44(3)
|
Five hundred rupees
|
|
25(3) |
One thousand rupees
|
|
Rule, sub-rule or clause.
|
Daily fine which may be imposed.
|
|
|
Chapter XV
|
|
1(1) (b), 1(2), 2
|
Two hundred rupees
|
### 2. Continuing offences. - Whoever, after being convicted of- (a) contravenes any provisions of any of the rules, sub-rules and clauses mentioned in the first column of the following table or any regulation made thereunder; or
(b) fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, continues to contravene the said provisions or to neglect to comply with the said requisition, or fails to remove or rectify any work or thing done in contravention of the said provision, as the case may be, shall be punished, for each day that he continues so to offend, with fine which may extend to the amount mentioned in that behalf if the second column of the said table.
| | |
| --- | --- |
|
**Rule, sub-rule or clause**
|
**Daily fine which may be imposed**
|
|
|
Chapter IX
|
|
2(3) , 2(4), 4, 9(2), 11(1), 14(1), 15, 17(1)
|
Five rupees
|
|
1(1) , 2(1), 3, 5(a), 6, 10, 17(2), 18, 19(2), 19(3)
|
Ten rupees
|
|
12,13
|
Twenty rupees
|
|
7(1) , 7(2), 19(1), 19(4)
|
Fifty rupees
|
|
|
Chapter X
|
|
7, 11(2) , 18(2)
|
Five rupees
|
|
6, 8(1) |
Ten rupees
|
|
18(1) |
Fifty rupees
|
|
|
Chapter XI
|
|
288(1) (e), 288(2)(b)
|
Five rupees
|
|
|
Chapter XII
|
|
12(2) , 12(3)
|
Five rupees
|
|
8(2) , 13
|
Ten rupees
|
|
8(1) |
Twenty rupees
|
|
6(1) , 10
|
One hundred rupees
|
|
|
Chapter XIV
|
|
7, 8, 13(1) , 13(2), 21(1), 32(2)
|
Five rupees
|
|
1, 2, 3, 5(1) , 8, 14, 17, 18(1), 28(1)
|
Ten rupees
|
|
11(1) , 11(2), 15,22(1)
|
Fifteen rupees
|
|
12, 16(2) , 18(2), 23, 24
|
Twenty rupees
|
|
29(1) , 40, 45, 47
|
Fifty rupees
|
|
20, 27(1) , 29(2), 31
|
One hundred rupees
|
|
25(3) |
Five hundred rupees
|
|
|
Chapter XV
|
|
2
|
Fifty Rupees
|
Forms
Form A
(See Chapter I, Rule 9)
Nomination Paper
Name and number of the ward
Name of candidate
Father's name
Husband's name
Age
Address
Ward in the election roll of which the name of the candidate is included.
Number of the candidate in the ward election roll.
Community and caste (only to be filled in by [member of a Scheduled Caste] candidate, when election includes seat reserved for [members of the Schedule Castes.]
Number of the proposer.
Name of the proposer in the election roll of the ward.
Signature of the proposer
Name of the Seconder
Number of the seconder in the election roll of the ward
Signature of the seconder
Declaration By Candidate
I hereby declare that I agree to this nomination.
Date:
(Signature of candidate)
(To be filled in by the Commissioner)
Certificate of Delivery
Serial No.
This nomination paper was delivered to me at my office at (date and hour............)
(Signature of the Commissioner.)
Form B
(See Chapter I, Rule 25)
Form of Ballot Paper
Form of Front of Ballot Paper
| | | |
| --- | --- | --- |
|
Counter foil
|
Outer foil
|
|
|
Serial No.
|
Front
|
|
|
Ward............................
|
**Name and Symbol of Candidate**
|
**Cross**
|
|
Name and/or number of Polling Station......
|
|
|
|
Number of elector on election roll................
|
|
|
|
Signature or thumb-impression of elector....
|
|
|
Note: - It is considered important that the whole of the outerfoil of the ballot paper should be taken up by the cage containing the names and symbols of candidates and spaces for recording votes.
| | | |
| --- | --- | --- |
|
|
|
Instructions.
|
|
1. You have
|
|
vote(s) .
|
|
2. The vote is to be shown by a cross mark (X) . Each mark
means one vote.
|
|
3. Do not put more than one cross against the name of any one
candidate.
|
|
4. Do not put more than
|
cross(es) in all on the paper.
|
|
Serial No.
|
|
|
Form C
(See Chapter I, Rules 26)
Tendered Votes List
Polling Station
| | | | | |
| --- | --- | --- | --- | --- |
|
**ame of Ward**
|
**Name of elector**
|
**Number on election roll**
|
**Number of votes recorded**
|
**Signature or thumb impression of elector**
|
|
|
|
|
|
|
Form D
(See Chapter I, Rules 27)
List of Challenged Votes
Signature Sheet No.
| | | | |
| --- | --- | --- | --- |
|
**Number on election roll**
|
**Name**
|
\*\*Signature of elector, if literate or
thumb-impression of elector, if illiterate\*\*
|
**Name of identifier, if any**
|
|
|
|
|
|
Order of Presiding Officer (in each case).
Form E
(See Chapter 1, Rules 29)
Certificate Entitling a Presiding Officer, Polling Officer or Polling Agent to Vote at the Polling Station where he is Appointed for Duty.
A.B. being duly registered as elector No. on the election roll
Presiding officer
of the .........Ward and being duly appointed for duty as polling officer
polling Agent,
at polling station .............is entitled to record his vote at polling station.
Dated
Municipal Commissioner for the City of
Form F
(See Chapter 1, Rule 31)
Form of Statement to Accompany Returns of Presiding Officers
Name of Ward
Name of Polling Station
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
\*\*Total Number of Electors for the Polling
station as shown on election roll\*\*
|
\*\*Total number of ballot papers entrusted to
presiding officer\*\*
|
**Total number of ballot papers used**
|
**Account of used ballot papers**
|
**Balance that should be in ballot box**
|
**Number of unused ballot papers**
|
**Number of ballot boxes used**
|
|
|
|
|
\*\*Used for the votes of polling and presiding
officers and polling agents entitled to vote at another polling
station (rule 29)\*\*
|
**Tendered ballot papers (rule 26)**
|
**spoilt ballot papers (rule 28)**
|
|
|
|
|
**(1) **
|
**(2) **
|
**(3) **
|
**(4) **
|
**(5) **
|
**(6) **
|
**(7) **
|
**(8) **
|
**(9) **
|
Column 1. - Give total of the names on the election roll for your polling station.
Column 2.-Give total number of ballot papers received by you from the Commissioner.
Column 3.-Count the counterfoils of the issued ballot papers and enter that number.
Column 4.-Total of the counterfoils of ballot papers used by the Presiding and Polling Officers and Polling Agents entitled to vote at another polling station.
Column 5.-Total of the counterfoils of tendered votes; these counterfoils will be blank; the total in Form C must tally with this total.
Column 6.-Total of the counterfoils marked cancelled (rule 28) checked with the total number of spoilt ballot papers with the Presiding Officer.
Column 7.-Deduct from total in column 3 the sum of the totals in columns 4, 5 and 6.
Column 8.-Count unused ballot papers and enter this total
Form G
(See Chapter VIII, Rule 41)
Form of Notice of Demand
To
A.B.,
Residing at................................................
Take notice that the Municipal Commissioner for the City of .....................demands from (you) the sum of.................due from (you) on account of (here describe the premises, vehicles, animal, occupation or thing on account of which the tax is leviable) [for the year (or half year)] commencing (or ending) on the .................. day of .............. 200..........; and that if the said sum is not paid into the municipal office at................. ,or if sufficient cause for non-payment of the sum is not shown to the satisfaction of the Commissioner within fifteen days from the service of this notice, a warrant of distress or attachment will be issued for the recovery of the same, with costs.
dated this.......................day of.............. 200..........
(Signed) ..................
Municipal Commissioner for the City of
Form H
(See Chapter VIII, Rule 42)
Form of Warrant of Distress or Attachment
Whereas, A. B., of ................. has not paid, or shown sufficient cause to my satisfaction for the non-payment of the sum of .......................... due for the tax [.....................] [mentioned in the margin] [for the year (or half-year)] commencing (or terminating) on the ...................... day of................ 200................, although the said sum has been duly demanded in writing from the said A.B., and fifteen days have elapsed since the service of the notice of demand;
This is to command you to distrain the moveable property of the said A.B.
attach any property
(or, as the case may be, any moveable property on the premises in respect of which the said tax is due) to the amount of the said sum of.................. and such further sum as may be sufficient to defray the cost of recovering the said amount; and forthwith to certify to me together with this warrant all particulars of the
Property attached
by you thereunder.
moveable property distrained
Dated this.................................day..................of 200..............
(Signed) Municipal Commissioner for the City of
Form I
(See Chapter VIII, Rules 46 and 49)
To
A.B.
residing at...........................................................
Take notice that I have this day seized the moveable property specified in the inventory beneath this, for the sum of.................. due for the [tax] mentioned in the margin [for the year (or half year)] commencing (or terminating) on the .................. day of............... 200 ..........; and that unless you pay into the municipal office at ..................... the amount due, together with the costs of recovery, within five days from the day of the date of this notice, the moveable property will be sold.
Dated this...............day of..................200...............
(Signature of the officer executing the warrant)
Inventory
(Here state particulars of the moveable property seized)
[Schedule-B]
Validity and Date of Operation of Certain Orders.
### 1. As soon as may be after a compulsory acquisition order or a clearance order has been confirmed by the State Government, the Commissioner shall publish simultaneously in the Official Gazette and in three or more newspapers circulating within the city, a notice stating that the order has been confirmed, and naming a place where a copy of the order as confirmed and of the plan referred to therein may be seen at all reasonable hours. ###
2. Any person aggrieved by such an order as aforesaid, or by the State Government's approval of a re-development plan or of a new plan may, within six weeks after the publication of notice of confirmation of the order, or of the approval of the plan, prefer an appeal in the City of Ahmedabad to a Judge of the City Civil Court, Ahmedabad and elsewhere of the District Court whose decision shall be final.
### 3. Where any such appeal is duly made, the Cour- (i) May by interim order suspend the operation of the order or the approval of the plan, either generally or in so far as it affects any property of the appellant until the final determination of the appeal; and
(ii) if satisfied upon hearing of the appeal that the order or the approval of the plan, is not within the powers of this Act or that the interests of the appellant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order, or the approval of the plan, either generally or in so far as it affects any property of the appellant.
### 4. Subject to the provisions of the last preceding clause the order, or the approval of the plan, shall become operative at the expiration of six weeks from the date on which notice of confirmation of the order or of the approval of the plan is published in accordance with the provisions of this Act. ###
5. So soon as may be after a compulsory acquisition order or a clearance order has become operative the Commissioner shall serve a copy thereof on every person on whom a notice was served by him of his intention to submit the order to the State Government for confirmation.
C
---
Compulsory Acquisition Orders
### 1. A compulsory acquisition order shall describe by reference to a plan the land to which it applies. ###
2. Before submitting the order to the State Government, the Commissioner shall -
(a) publish simultaneously in the Official Gazette and in three or more newspapers circulating within the City, a notice stating the fact of such an order having been made and describing the area comprised therein and naming a place where a copy of the order and of the plan referred to therein may be seen at all reasonable hours; and
(b) serve on every person whose name appears in the Commissioner's assessment book as primarily liable for the payment of the property taxes leviable under this Act on any land or building to which the order relates a notice stating the effect of the order and that it is about to be submitted to the State Government for confirmation and specifying the time (being not less than twenty-one days) within which objections thereto can be made to the Commissioner.
### 3. Upon compliance with the foregoing provisions with respect to the publication and service of notices of the compulsory acquisition order, the Commissioner shall submit to the Standing Committee any objections received under clause 2 of this Schedule and any suggestions he may wish to make in that respect. ###
4. The Standing Committee shall after consideration of any such objections and suggestions make such modifications in respect of the order as it may think fit and the Commissioner shall thereafter submit the order as modified by the Standing Committee to the State Government for confirmation.
D
---
(See Section 284-O)
Constitution and Powers of Compensation Tribunal
### 1. Constitution of Tribunal. - (1) The Tribunal shall consist of a President an two assessors. (2)
The President of the Tribunal shall be such Judge of a Court as may, after consultation with the High Court, be selected by the State Government.
(3) The assessors shall be appointed by the State Government.
(4) Each assessor of the Tribunal shall receive such remuneration as the State Government may determine. The remuneration shall be paid by the Corporation to the President of the Tribunal for distribution.
### 2. Rules of procedure to be made by State Government. - (1) The State Government may, by notification in the Official Gazette, (V of 1908), make rules, not inconsistent with the Code of Civil Procedure, 1908, for the conduct of business by Tribunals established under this Act. (2)
All such rules shall be subject to the conditions of previous publication.
### 3. Award of Tribunal how to be determined. - (1) For the purpose of determining the award to be made by the Tribunal under the Land Acquisition Act- (a)
if there be any disagreement as to the measurement of land or the amount of compensation or costs to be allowed or the determination of betterment charges, the opinion of the majority of the members of the Tribunal shall prevail;
(b) questions relating to the determination of the persons to whom the compensation is payable, or the apportionment of compensation, may be tried and decided in the absence of the assessors, if the President of the Tribunal considers their presence unnecessary; and, when so tried and decided, the decision of the President shall be deemed to be the decision of the Tribunal;
(c) notwithstanding anything contained in the foregoing clauses (a) and (b), the decision on all questions of law and procedure shall rest solely with the President of the Tribunal.
(2) The President of the Tribunal may by the same means and (so far as may be) I the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, (V of 1908), obtain proof of facts by affidavits, summons, witnesses and enforce their attendance, compel the production of documents and issue commissions for the examination of witnesses.
(3) Proceedings before the Tribunal shall be deemed to be the judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (XLV of I860).]
|
65b9c38eab84c7eca86e9e8a | acts |
State of Madhya Pradesh - Act
-------------------------------
M.P. Right to Information (Fees and Appeal) Rules, 2005
---------------------------------------------------------
MADHYA PRADESH
India
M.P. Right to Information (Fees and Appeal) Rules, 2005
=========================================================
Rule M-P-RIGHT-TO-INFORMATION-FEES-AND-APPEAL-RULES-2005 of 2005
------------------------------------------------------------------
* Published on 10 October 2005
* Commenced on 10 October 2005
M.P. Right to Information (Fees and Appeal) Rules, 2005
Published vide Notification No. F-11-37-05-1-9, dated 10-10-2005, M.P. Rajpatra (Asadharan) , dated 10-11-2005 at pages 1084 (6-8)
In exercise of the powers conferred by Section 27 of the Right to Information Act, 2005 (No. 22 of 2005) the State Government hereby makes the following rules, namely :-
Chapter 1
Preliminary
--------------------------
### 1. Short title and commencement.
(1) These rules may be called the Madhya Pradesh Right to Information (Fees and Appeal) Rules, 2005.
(2) They shall come into force with effect from the date of their publication in the Madhya Pradesh Gazette.
### 2. Definitions.
- In these rules, unless the context otherwise requires,-
(a) "Act" means the Right to Information Act, 2005 (No. 22 of 2005);
(b) "Below Poverty Line" means such citizen of State who is declared as below poverty line by the Government of Madhya Pradesh;
(c) "Cost" means the cost which is chargeable for providing information as defined in clause (f) of Section 2 of the Act;
(d) "Fees" means the fees payable under the provisions of the Act;
(e) "Forms" means the forms attached to these rules;
(f) "Sections" means the sections of the Act;
(g) The words used in these rules but not defined shall have the same meanings as they are defined in Section 2 of the Act;
(h) [ "Substantially Financed" means where fifty percent of annual turn over or rupees fifty thousand, which ever is less is financed by the Government or any of its institution.]
[Substituted by Notification No. F-11-37-05-1-0, dated 10-11-2005.]
Chapter-2 Fees
### 3. (1) Any person, who is not below the poverty line, desires any material under sub-section (4) of Section 4 of the Act, shall submit an application himself to the State Public Information Officer/State Assistant Public Information Officer with non-judicial stamp Inserted by [original copy of Treasury Challan]
[Notification No. F-11-37-05-1-9, dated 10-3-2008.]
of Rs 10/- or with the receipt of Rs. 10/- (Rupees ten) after making payment in cash therefor. If the application is being sent by post, the applicant shall enclose the non-judicial stamp [original copy of Treasury Challan]
[Notification No. F-11-37-05-1-9, dated 10-3-2008.]
of Rs. 10/- (Rupees ten).
(2) After receiving the application by the State Public Information Officer or the State Assistant Public Information Officer, as the case may be, the printing cost or medium cost price of the material of the information as determined by the above Officer shall be deposited by the applicant to the above said Officer in cash or in the form of non-judicial stamp [original copy of Treasury Challan]
[Notification No. F-11-37-05-1-9, dated 10-3-2008.]
. If the amount is deposited in cash by the applicant, the State Public Information Officer or the officer as directed by him shall give a receipt of such amount. The amount so deposited shall be deposited into the treasury by a challan.
### 4. Any person, who is not below the poverty line, desires to seek an information under sub-section (1) of Section 6 and sub-section (1) of Section 7 of the Act shall produce the application before the Public Authority or State Public Information Officer or State Assistant Public Information Officer, as the case may be, with the non-judicial stamp [original copy of Treasury Challan]
[Notification No. F-11-37-05-1-9, dated 10-3-2008.]
of Rs. 10/- (Rupees ten) or with the receipt of Rs. 10/- (Rupees ten) therefor by paying in cash.
### 5. (1) For the purposes of sub-section (5) of Section 7 where access to information is to be provided in the printed or in any electronic formal, the applicant, [\*\*\*]
[Omitted by Notification No. F-11-37-05-1-9, dated 10-11-2005.]
[shall deposit rupees two per page for photocopy on A-3/A-4 size paper and for photocopy on bigger size paper]
[Inserted by Notification No. F-11-37-05-1-9, dated 10-11-2005.]
, shall deposit the actual cost of the information as determined by the Public Authority or State Public Information Officer or State Assistant Public Information Officer in cash or in the form of non-judicial stamp [original copy of Treasury Challan]
[Inserted by Notification No. F-11-37-05-1-9, dated 10-3-2008.]
within [Fifteen working days]
[Substituted by Notification No. F-11-37-05-1-9, dated 10-3-2008.]
from the date of direction to such officers as directed by the Public Authority or State Public Information Officer.
(2) If the applicant wants to examine any document or record, the State Public Information Officer or State Assistant Public Information Officer shall depute any Sub-ordinate Officer for such purpose and the applicant, who is not below the poverty line, shall pay Rs. 50/- (Rupees Fifty) for one hour or less than one hour and thereafter Rs. 25/- (Rupees Twenty Five) shall be charged for every fifteen minutes or fraction thereof in cash or in the form of non-judicial stamp [original copy of Treasury Challan]
[Inserted by Notification No. F-11 -37-05-1-9, dated 10-3-2008.]
.
(3) If the applicant wants the certified sample of any material, the cost determined value by the State Public Information Officer or State Assistant Public Information Officer of such material, shall be deposited by the applicant to such officer who is directed by the State Public Information Officer, in cash or in the form of non-judicial stamp [original copy of Treasury Challan]
[Inserted by Notification No. F-11-37-05-1-9, dated 10-3-2008.]
.
(4) Where the information is stored in the computer, [Rupees fifty per Diskette or Floppy for providing information on Diskettes or Floppies and for providing information on Tapes or Video cassettes, the actual cost of the Tape or Video Cassettes]
[Substituted by Notification No. F-11-37-05-1-9,dated 10-11-2005.]
as determined by the State Public Information Officer or State Assistant Public Information Officer shall be deposited by the applicant in cash or in the form of non-judicial stamp [original copy of Treasury Challan]
[Inserted by Notification No. F-11 -37-05-1-9, dated 10-3-2008.]
.
(5) The Information sought by the applicant below poverty line under this Act shall be provided as under,-
[(i) if the Information sought is directly related with the applicant, then the Information shall be provided in the form, in which it is demanded, provided the Information is available in that form and would not be detrimental to the safety of the record in question;
(ii) if the Information sought is not directly related with the applicant, but the Information is limited up to fifty pages (of A-4 size), then the photo copies of the Information sought shall be made available, provided that it would not be detrimental to the safety of the record in question;
(iii) if the Information sought is not directly related with the applicant, and the Information is of more than fifty pages (of A-4 size), then after recording reasons under sub-section (9) of Section 7 of the Act, the applicant shall be asked to inspect the record file in the office and shall be requested to limit the Information.
(6) If the applicant wants printed reports and other materials published by the departments, they can be provided at the price fixed for such publications. Extracts from such publications can be provided as per rales fixed in sub-rule (1) of Rule 5.
(7) If under Right to Information Act, 2005 the applicant asks for such Information, where some other Act/Rules provides for separate fee for such Information, then the applicant has to pay such fees as provided under the corresponding Act/Rules.]
[Inserted by Notification No. F-11 -37-05-1-9, dated 10-3-2008.]
Chapter - 3 Pay Any Other Service Conditions
### 6. The officers and servants deputed under sub-section (6) of Section 16 shall be paid the same pay and allowance as they were receiving before deputation and for these service conditions the same rules shall be applicable to them as were applicable before such deputation.
Chapter - 4 Appeal
### 7. First Appeal.
(1) Any person who does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of Section 7, or is aggrieved by a decision of the State Public Information Officer, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal, with a memorandum of appeal and the fee of Rs. 50/- (Rupees Fifty) cither in cash or in the form of non-judicial stamp [original copy of Treasury Challan]
[Inserted by Notification No. F-11-37-05-1-9, dated 10-3-2008.]
, to such officer who is senior in rank to the State Public Information Officer in each Public Authority :
Provided that such officer may admit the appeal after the expiry of the period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) In the memorandum of appeal the name anti address of the appellant, the basis of the subject matter of the information, with the name and the post of the [Public Information Officer]
[Substituted by Notification No. F-11-37-05-1-9, dated 10-3-2008.]
, the orders of the competent authority and payment of fee shall be clearly specified.
(3) An appeal under sub-rule (1) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty live days from the date filing thereof, as the case may be, for reasons to be recorded in writing.
(4) The copy of order passed in appeal shall he given free of cost.
### 8. Second Appeal.
(1) A second appeal against the decision under sub-rule (3) of Rule 7 shall lie within ninety days from the date on which the decision should have been made or was actually received, with the State Information Commission :
Provided that the State Information Commission may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) With the memorandum of appeal filed before the State Information Commission the fee of Rs. 100/- (Rupees One hundred) in cash or in the form of non-judicial stamp [original copy of Treasury Challan]
[Inserted by Notification No. F-11-37-05-1-9, dated 10-3-2008.]
shall be deposited.
(3) The State Information Commission shall after giving reasonable opportunity of being heard to Public Authority or State Public Information Officer or appellant, as the case may he, disposed of the appeal within [one hundred eighty days]
[Substituted by Notification No. F-11-37-05-1-9, dated 10-3-2008.]
from the date of the receipt of the appeal for reasons to be recorded in writing.
(4) The decision of the State Information Commission shall be final and binding.
(5) A copy of the decision of the State Information Commission shall be given free of cost, if the appellant wants to receive the copy of the order by post then after receiving the fee of postal charges shall be sent within three days.
(6) Process for recovery of Penalty amount:-
[(i) the State Public Information Officer or the State Assistant Public Information Officer shall deposit the imposed penalty in cash or in the form of bank draft or banker's cheque, with the State Information Commission within one month from the date of receipt of penalty order issued by the State Information Commission;
(ii) for recovery of penally the State Information Commission under clause (f) of sub-section (3) of Section 18 shall have the same powers, as are vested in a Civil Court. The Information Commission shall initiate the action under this power, by registering a separate case for recovery of penalty;
(iii) if the State Public Information Officer or the State Assistant Public Information Officer fails to deposit the imposed penalty amount within the prescribed time limit, then the State Information Commission shall report to concerned disciplinary authority for taking disciplinary action and for recovery of imposed penalty amount against the State Public Information Officer or the State Assistant Public Information Officer. In such cases, the order of the State Information Commission shall be binding on the concerned officer;
(iv) if the imposed penalty amount is not recovered from the salary of the State Public Information Officer or the State Assistant Public Information Officer, then the same shall be recovered from him as arrears of land revenue.]
### 9. The fee chargeable under Rules 7 and 8 shall not be charged from the persons who are of below poverty line.
[Inserted by Notification No. F-11-37-05-1-9, dated 10-3-2008.]
|
65ba14e6ab84c7eca86ea98c | acts |
Bombay Presidency - Act
-------------------------
The Bombay Entertainments Duty Rules, 1958
--------------------------------------------
BOMBAY PRESIDENCY
India
The Bombay Entertainments Duty Rules, 1958
============================================
Rule THE-BOMBAY-ENTERTAINMENTS-DUTY-RULES-1958 of 1958
--------------------------------------------------------
* Published on 13 August 1958
* Commenced on 13 August 1958
The Bombay Entertainments Duty Rules, 1958
Published vide Notification G. N., R. D. No. ENT. 1158-J, dated 13th August, 1958 (M. G., Part 4-B, page 808)
In exercise of the powers conferred by section 7 of the Bombay Entertainments Duty Act, 1923 (Bombay I of 1923) and in supersession of the rules published in the Government of Bombay, Revenue Department Notification No. 4345-E-III, dated the 25th January, 1923, the rules published in the Government of Saurashtra, Finance Department, Notification No. O/Tax 48/E, dated the 9th April, 1949 and the Central Provinces and Berar Entertainments Duty Rules, 1942, the Government of Bombay, hereby makes the following rules, namely :
Preliminary
### 1. Short title and extent.
(1) These rules may be called the Bombay Entertainments Duty Rules, 1958.
(2) They extend to the whole of the State of Bombay.
### 2. Definition.
- In these rules, the expression "prescribed officer" means-
(a) in the City of Bombay, the Collector of Bombay and the Superintendent of Stamps, Bombay, and
(b) elsewhere, the Collector or the District Magistrate, or
(c) any officer duly appointed by the Superintendent of Stamps, the Collector of Bombay, or, as the case may be the District Magistrate, as the prescribed officer for the purposes of these rules.
Payment of duty by Stamps
### 3. Purchase of stamps.
- No person shall purchase any stamps required for the purposes of the Act except from the prescribed officer:
Provided that -
(i) Nothing in this rule shall apply to any person purchasing such a stamp affixed to a ticket for the purpose of admission to an entertainment, and
(ii) where the proprietor of an entertainment changes hands, it shall be lawful for the new proprietor, after giving due notice, to the prescribed officer to purchase from the former proprietor the stock of unused stamps in the latter's possession.
### 4. Issue of stamps.
- No stamps issued for the purposes of this Act shall be issued to any person by or on behalf of the proprietor of any entertainment otherwise than securely affixed to a ticket issued for the purpose of authorising admission to an entertainment.
### 5. Refund of value of unused stamps.
- The proprietor of an entertainment may at any time return to the prescribed officer any unused stamps in his possession and shall be entitled to claim refund of their value, subject to a discount of six naye paise for each rupee or portion of a rupee of such value.
### 6. Renewal of damaged or spoiled stamps.
- Where any stamps purchased for the use under the Act have been damaged or spoiled, the purchaser may apply in writing to the prescribed officer who on being satisfied that they have not wilfully damaged or spoiled may give in lieu thereof -
(a) other stamps of the same denomination and value, or
(b) stamps of any other denomination to the same value, or
(c) at his discretion, the same value in money, deducting six naye paise, for each rupee or fraction of a rupee of such value.
### 7. Price of admission, date and show to be shown on, and stamps affixed to ticket.
- Except as provided in rules 15 and 23, every dutiable ticket, not being a complimentary ticket, issued on payment for admission to entertainment shall be in three parts. One part shall remain on the ticket book and the remaining two parts shall be detached therefrom and issued to the purchaser. Every dutiable ticket shall have each part clearly marked with the price of admission, and with the date and show for which it is available and also with the book number and the serial numbers (being such series and numbers in respect of the ticket book and tickets as may be previously approved by the prescribed officer) and shall also have securely affixed to it a stamp of the value of the duty payable out of the said price of admission :
Provided that, the prescribed officer may, upon such conditions and for such period as he thinks fit, exempt any proprietor from the operation of this rule or any part thereof.
### 8. Plural tickets.
(1) Every dutiable ticket, not being a complimentary ticket, issued for the purpose of admitting more than one person to an entertainment shall have clearly shown thereon the number of persons to be admitted and the date and show for which it is available and shall have affixed to it a stamp or stamps equal in value to the total duty that would have been payable on tickets for admitting each such person separately.
(2) The stamp or stamps to be affixed to a ticket entitling the purchaser to the exclusive use of a box or similar accommodation shall be of the value of the duty that would be payable upon a ticket of the same price admitting one person to the entertainment.
### 9. Transfer of seat.
- When the purchaser of any ticket admitting him to one part of an entertainment wishes to transfer to another part of the entertainment for which the price of admission is higher and duitable, the proprietor shall issue him a second ticket stamped with a stamp of the value of the difference between the duty leviable on the second ticket and that leviable on the first. The purchaser shall retain the portion of the first ticket returned to him under sub-rule (2) of rule 11.
### 10. Season tickets.
- Every season ticket, or ticket, or ticket available for more than one entertainment, shall have marked thereon the name of the purchaser and the period for which it is available and the stamp to be affixed to such ticket shall be of the value of the duty that would be payable upon a ticket of the same price admitting the purchaser to one entertainment.
### 11. Defacement and destruction of stamps and disposal of parts of ticket.
(1) The two parts detached under rule 7 shall be so detached that the stamp is defaced thereby so that the portion of the stamp which bears the word "Bombay" shall remain on the ticket book, and the remaining portion, shall remain on one of the parts of the tickets issued to the purchaser.
(2) On admission of the purchaser or holder of a ticket, the proprietor shall cause one part of the ticket, issued for admission to the entertainment (not being a season ticket or a ticket available for more than one entertainment), to be collected, and the other part bearing one-half of the stamp to be returned to the purchaser.
(3) The purchaser or holder of a ticket shall retain his part of the ticket until he leaves the place of entertainment: and the proprietor shall retain the other part until 3 p.m. of the day following the day of the entertainment.
(4) The proprietor shall submit the counterfoil with the portion of the stamp bearing the word "Bombay" within ten days after date of the entertainment along with the returns submitted under rule 13, to the prescribed officer for checking and destruction by that officer thereafter.
### 12. Torn, etc., stamps.
- Save as otherwise, provided in these rules no ticket bearing a stamp that has been torn, defaced or otherwise marked or mutilated shall be issued by the proprietor of an entertainment: and the proprietor shall, within ten days after the date of the entertainment, submit all such tickets along with counterfoils, submitted under sub-rule (4) of rule 11 to the prescribed officer.
### 13. Return of stamps.
- Every proprietor of an entertainment shall, within ten days of the date of an entertainment, submit to the prescribed officer a return in Form 'A' showing the number of stamps purchased and issued by him.
Payment of Duty otherwise than by Stamp
### 14. Security.
(1) Every proprietor allowed to avail himself of the provisions of sub-section (2) of section 4 of the Act shall furnish such security to the prescribed officer as that officer may require.
(2) If a proprietor fails to submit any returns as required by rule 16 or rule 21 or to pay within ten days after the date of the entertainment, or such extended period not exceeding one month as the prescribed officer may allow, the entertainments duty under rule 19, the prescribed officer may, after giving the proprietor a week's notice, direct that the security shall be forfeited to the State Government :
Provided that, nothing in this rule shall affect the liability of the proprietor for the payment of the full entertainments duty.
(3) The proprietor may, within fifteen days of the order of the prescribed officer forfeiting his security under this rule, appeal in the City of Bombay to the State Government and elsewhere, to the Commissioner concerned.
### 15. Unstamped tickets issued under section 4(2) (a) and (b).
(1) Every ticket, not being a complimentary ticket, issued by a proprietor who has been allowed to pay the duty under the provisions of clause (a) or clause (b) of sub-section (2) of section 4 shall consist of three parts. One part shall remain on the ticket book and the remaining two parts shall be detached therefrom and issued to the purchaser; and shall bear on each part of such ticket the price of admission, the book number and the serial number (being such series and numbers in respect of the ticket book and tickets as may be previously approved by the prescribed officer) and the date on which, and the show for which, it is issued.
(2) On admission of the purchaser, the proprietor shall cause to be collected one of the two parts sold to the purchaser and the other to be returned to him.
(3) The purchaser shall retain his part of the ticket till he leaves the place of entertainment, and the part retained by the proprietor shall be retained by him till the entertainment is over :
Provided that, the prescribed officer may, upon such conditions and for such period as he thinks fit, exempt any proprietor from the operation of this rule or any part thereof.
### 16. Returns required under section 4(2) (a) and (b).
- Every proprietor making a consolidated payment under clause (a) of sub-section (2) of section 4 or making payment in accordance with return of the payments for admission under clause (b) of sub-section (2) of section 4, shall within ten days of the date of entertainment, submit to the prescribed officer a return in Form 'B' showing the number of tickets (not being complimentary tickets) issued at each rate, the serial number of tickets issued, the gross amount received from the sale of tickets and the amount of duty payable to the State Government. He shall, if so required by the prescribed officer, also submit to the said officer, within ten days of the date of entertainment, a return in Form 'C', showing the price of programme or synopsis including duty, the number of programme or synopsis issued, the gross amount of received from the sale thereof and the amount of duty payable to the State Government.
### 17. Return required under section 4(2) (c).
- When a proprietor is permitted to avail himself of the provisions of clause (c) of sub-section (2) of section 4, he shall submit to the prescribed officer within ten days of the entertainment a return Form 'D', showing the number of persons admitted through the mechanical contrivance the gross amount paid for admission by such persons and the amount of duty payable, to the State Government.
### 18. Admission by mechanical contrivance notice.
- Subject to the provisions of sub-section (1) of section 4, no person shall in any circumstances be admitted through a mechanical contrivance save on payment of the price of admission. Such price shall be shown in a conspicuous position on or near the mechanical contrivance.
### 19. Payments under section 4(2) .
- All payments made in accordance with the provisions of sub-section (2) of section 4 of the Act shall be made to the prescribed officer within ten days of the date of the entertainment at such time and place and in such manner as he shall require.
### 20. Payment of duty on programmes or synopsis.
- Where payment for a programme or synopsis is compulsory, the duty shall be levied on the total sum paid for admission to the entertainment including the sum paid for the programme or synopsis. Where payment for a programme or synopsis is voluntary, the duty shall be levied separately on the sum paid for admission and on the sum paid for the programme or synopsis.
Miscellaneous
### 21. Returns of complimentary tickets.
- Every proprietor who is allowed to avail himself of the provisions of sub-section (2) of section 4 of the Act and who issues complimentary tickets shall submit to the prescribed officer within ten days of the date of the performance of the entertainment, a return of such tickets in Form 'E' showing the rate of each class, the number of complimentary tickets issued for each class, the serial numbers of tickets issued and the amount of duty payable to the State Government.
### 22. Exemptions under section 6(1) and refunds under section 6(2).
(1) Any person claiming exemption, under sub-section (1) of section 6 from payment of the entertainments duty, shall present an application for such exemption to the Commissioner of Police or, as the case may be, the District Magistrate, ten clear days before the date of the entertainment. An application for exemption not presented within such period may, unless sufficient cause is shown for not making the application within ten days as aforesaid, be rejected.
(2) Any person claiming under sub-section (2) of section 6, a refund of the entertainment duty shall present an application for such refund to the Commissioner of Police or, as the case may be, the District Magistrate, within fifteen days from the date of the entertainment. An application for refund not presented within such period may, unless sufficient cause is shown for not making the application within fifteen days as aforesaid, be rejected.
### 23. Form of exemption under section 6(1) .
- Where exemption is given under clauses (a) , (b) or (c) of sub-section (1) of section 6 the Commissioner of Police or, as the case may be, the District Magistrate shall issue to the proprietor a certificate in Form 'F' or, as the case may be. Form 'G' and the proprietor shall comply with the conditions stated therein.
### 24. Class of cinema films qualified for exemption under section 6(3) .
(1) A cinema film -
(a) (i)
which has been awarded the President's Gold Medal, or (ii) which the State Government on a recommendation made by the Advisory Committee appointed by the State Government for the purpose considers as fulfilling an [educational, cultural or social purpose]
[Substituted by G. N. of 23.12.1964.]
of a high order, and
(b) [ the proprietor of which has before exhibiting the film, undertaken to,-
[Substituted by G. N. of 23.12.1964.]
(i) pay to the person or persons who in the opinion of the said Committee is or are most responsible for the educational, cultural or social contribution of such film, an amount equivalent to the amount of entertainment duty leviable on the exhibition of such film, on production of an authority of the State Government in Form G-1 [\* \* \*]; and
(ii) submit a weekly return specifying the particulars of such payment to the Collector of Bombay and Bombay Suburban District in Greater Bombay and elsewhere to the District Magistrate and a copy thereof to the State Government,
shall be qualified for exemption under sub-section (3) of section 6.]
(2) Any exemption from the liability to pay entertainment duty granted to the exhibition of any such film shall be withdrawn if the proprietor fails to comply with the requirement of clause (b) of sub-rule (1).
### 25. Applications for exemption under section 6(3) .
- All applications for exemption under sub-section (3) of section 6 of the Act shall be made to the prescribed officer not later than ten days before the date of the entertainment. An application for exemption not presented within such period may, unless sufficient cause shown for not making the application within ten days as aforesaid, be rejected.
### 26. British and Indian Soldiers (including airmen) and sailors in uniform.
(1) In the case of entertainments given by naval, military and air forces and other armed forces of the Union, the price of tickets sold to the British and Indian soldiers (including airmen) and sailors in uniform shall be the price of admission only, exclusive of duty.
(2) Such tickets shall be special unstamped tickets marked with the price of admission only and shall be issued through a service authority not below the rank of a commissioned officer and the proprietor shall submit to the prescribed officer a weekly return of such tickets in Form 'H'.
(3) Where a mechanical contrivance under clause (c) of sub-section (2) of section 4 is used, soldiers (including airmen) and sailors shall be admitted by another entrance.
### 27. Exemption under section 7(1) (h) of the Act.
- Soldiers, Sailors and other members of the Defence Forces in uniform of any nationality shall be exempted from entertainments duty as shown below :-
(a) when they visit a military cinema, full exemption;
(b) when they visit any other cinema -
(i) full exemption, where the payment for admission thereto does not exceed 31 naye paise.
(ii) exemption to the extent of 40 per cent of the entertainments duty, where the payment for admission thereto exceeds 31 naye paise but does not exceed one rupee and 31 naye paise.
(2) Tickets issued to the members of the Defence Forces in uniform in the case of a cinema referred to in clause (b) of sub-rule (1) shall be special tickets in three parts and shall have shown upon each part the price of admission, deduction of duty whether whole or to the extent of 40 per cent as the case may be, and the balance payable in accordance with clause (b) of sub-rule (1).
(3) Subject to the provisions of sub-rule (2), the provisions of rules 7 and 15 shall, so far as may be, apply to tickets issued under this rule.
Explanation. - A military cinema means a cinema which has been opened by the military or by military contractors or other persons at the request of the military for the use of the Defence Forces.
### 28. Stamped complimentary tickets.
- Every complimentary ticket issued by a proprietor of an entertainment, paying the amount of duty due, in the manner specified in sub-section (1) of section 4 of the Act, shall have shown thereon the name of, and the price of admission to, the class to which the holder is to be admitted, the date and show for which it is available and shall have securely affixed to it a stamp of the value on the duty payable under section 3A and the provisions of rules 7 and 11 shall, as far as may be, apply to such tickets.
### 29. Unstamped complimentary tickets.
- Every complimentary ticket issued by a proprietor of an entertainment, who has been permitted to avail himself of the provisions of sub-section (2) of section 4 of the Act, shall have shown thereon the Book No. and Serial No. of the ticket, the name of, and the price of admission to the class to which the holder is to be admitted, the duty payable under section 3A and the date and show for which the ticket is available and the provisions of rule 15, shall, as far as may be apply to such tickets.
### 30. Admission against complimentary tickets.
- Not more than one person shall be admitted against each complimentary ticket issued by a proprietor of an entertainment.
### 31. Production of tickets.
- A person, who has been admitted to an entertainment in respect of which the duty due is not payable in accordance with the provisions of sub-section (2) of section 4, shall, upon demand made during the course of, or immediately before or after the entertainment, produce to any officer authorised under section 8 of the Act the ticket, badge, card of membership, voucher or document by means of which he was admitted, or a portion of the ticket by means of which he was admitted bearing a stamp defaced in accordance with these rules, or the stamped cover of the book or the stamped principal part of the sheet from which the ticket, by means of which he was admitted, was taken.
### 32. Transfer to different parts of place of entertainment.
- Any reference in these rules to admission to a place of entertainment or to a person admitted to a place of entertainment shall, so far as may be, be deemed to include a reference to the admission to another part of the place of entertainment for admission to which part a payment involving duty or more duty is required of a person who has been admitted to one part of that place of entertainment and to such a person admitted to such another part of the place of entertainment, these rules shall have effect accordingly.
### 33. Inspection of books, issue of passes etc.
- The prescribed officer may require the proprietor of an entertainment to produce for inspection all his books and records and all tickets or portions of tickets in his possession relating to the entertainment and to issue passes in favour of officers who have to perform any duty in connection with the entertainment or any other duty imposed upon them by law whenever an occasion arises.
Form 'A'
Name of Proprietor
| | | | | |
| --- | --- | --- | --- | --- |
|
Denomination of stamps
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Opening balance
|
Date of purchase
|
Number purchased
|
Number used on tickets other than complimentary
tickets
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Number used on complimentary tickets
|
Number used on complimentary tickets
|
Closing balance
|
Serial numbers of tickets sold
|
Remarks
|
|
From
|
To
|
|
(6) |
(6) |
(7) |
(8) |
(9) |
|
|
|
|
|
|
Form 'B'
(See rule 16)
Statement of tickets not being complimentary tickets issued when duty is payable under clause (a) or (b) of sub-section (2) of section 4.
Name and place of entertainment :
Date of performance :
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Number and time of show
|
Price of tickets including duty
|
Number of tickets issued subject to duty
|
Serial numbers of tickets issued
|
Gross receipt
|
Amount of duty payment to Government Rs.
|
Remarks
|
|
From
|
To
|
|
|
|
|
|
|
|
|
Form 'C'
(See rule 16)
Statement of programmes or synopsis issued when duty is payable under clause (a) or (b) of sub-section (2) of section 4
Name and place of entertainment :
Date of performance :
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Number and time of show
|
Price of programme or synopsis including duty
|
Number issued of programmes or synopsis subject
to duty the purchase where is
|
Gross receipts Rs.
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Amount of duty payable to Government
|
Remarks
|
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Compullsory
|
Voluntary
|
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Form 'D'
(See rule 17)
Return of persons admitted through mechanical contrivance
Name and place of entertainment :
Date of performance :
| | | | | |
| --- | --- | --- | --- | --- |
|
Price of admission
|
Number of persons admitted
|
Gross receipts
|
Amount of duty payable to Government
|
Remarks
|
|
|
|
Rs.
|
Rs.
|
|
Form 'E'
(See rule 21)
Return of complimentary tickets
Name and place of entertainment :
Date of performance :
| | | | | |
| --- | --- | --- | --- | --- |
|
Class of ticket
|
Rate of ticket
|
Number of complimentary tickets issued
|
Serial number of ticket issued
|
Amount of duty payable to Government
|
|
From
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To
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
|
|
Rs.
|
Form 'F'
(See rule 23)
Form of Certificate prescribed under rule 23
For exemption under clause (a) of sub-section (1) of section 6
| |
| --- |
|
This is to certify that the| Commissioner of PoliceDistrict Magistrate| authorises the entertainment specified below to be given Fee of Entertainments Duty provided that the whole
|
of the takings are devoted to philanthrophic or charitable purposes :-
Description :
Date :-
Place :-
This certificate is issued on the following conditions :-
(1) The whole of the takings of the entertainment without any deduction for expenses, however, small, is paid over to.
| |
| --- |
|
(2) If the| Commissioner of PoliceDistrict Magistrate| so requires, full and true account of the whole of the takings, together with a written acknowledgement District Magistrate
|
account of the whole of the takings, together with a written acknowledgement from the Society, Institution or Fund specified under condition (1) is furnished to them by the persons responsible for the management of the entertainment, within one month after the date of the entertainment and those persons will be liable for the
| |
| --- |
|
payment of the proper tax if the| Commissioner of PoliceDistrict Magistrate| is not satisfied that the whole of the takings, without any deduction for expenses, have in fact been paid
|
over to the Society, Institution or Fund referred to.
(3) This certificate shall not be used for any other entertainment than that specified above, and it shall be exhibited in a prominent position at the public entrance to the place of entertainment at the time the public are admitted and during the entertainment. No correction or erasure of any kind shall be made in the certificate.
(4) If the entertainment is not given on the date or at the place specified above the persons responsible for the management of the entertainment shall give notice in writing to that effect wit hin one week after the date fixed for holding it.
(Signed) .............................................
| |
| --- |
|
Commissioner of PoliceDistrict Magistrate
|
Note. - Failure to comply with any of the conditions set out in this certificate involve liability to penalty of imprisonment for a term which may extend to six months or of fine which may extend to one thousand rupees or of both.
Form G
(See rule 23)
Form of Certificate prescribed under rule 22 for exemption under clause (b) or (c) of sub-section (1) of section 6
| |
| --- |
|
This is to certify that the| \*Commissioner of Police\*District Magistrate| authorises the entertainment specified below to be given Free of Entertainments Duty under
|
| |
| --- |
|
\* clause (b) \* clause (c)| of sub-section (1) of section 6 of the Act.
|
Act :
Description :
Date :
Place :
This certificate is issued on the following conditions :-
| |
| --- |
|
(1) If the| \* Commissioner of Police\* District Magistrate| so requires, a full and true account of the takings shall be furnished to him by the persons responsible for the management of
|
the entertainment within month after the date of the entertainment.
(2) This certificate shall not be used for any other entertainment than that specified above, and it shall be exhibited in a prominent position at the public entrance to the place of entertainment at the time the public are admitted and during the entertainment. No correction or erasure of any kind shall be made in the certificate.
(3) If the entertainment is not given on the date or at the place specified the persons responsible for the management of the entertainment shall give notice in writing to that effect within a week after the date fixed for holding it.
(Signed) .............................................
| |
| --- |
|
Commissioner of PoliceDistrict Magistrate
|
Note. - Failure to comply with any conditions set out in this certificate involves liability to penalty of imprisonment for a term which may extend to six months or of fine which may extend to one thousand rupees or of both in addition to the payment of duty that would have been leviable of exemption from entertainment duty had not been granted.
\* Strike out which is not applicable.
[Form G-1]
[Inserted by G. N. of 23.12.1964.]
[See rule 24(1) (b)(i)]
Authority
The Government of Maharashtra hereby authorises Shri/Shrimathi Messers ............................................................. being the person/persons most responsible for the educational, cultural or social contribution of the film [...............]
[Here enter the name of the film.]
to receive an amount equivalent to the amount of entertainments duty leviable on the exhibition of that film during the period commencing on .......................... 19 and ending on ................. 19 ................
### 2. [\* \* \*] [Deleted by G. N. of 1.6.1966.]
### 3. This authority is not transferable. Form H
[See sub-rule (2) of rule 26]
Return of tickets sold under rule 26 to British and Indian soldiers (including airmen) and sailors in uniform
Name and place of entertainment.................Week ending.....................
| | | |
| --- | --- | --- |
|
Rates of tickets sold
|
Number of tickets sold at each rate
|
Remarks
|
|
(1) |
(2) |
(3) |
|
|
|
|
Notifications
G. O., R. D., No. ENT. 1062/47160-N, dated 26th December, 1962 (M. G., 1963, Part IV-B, page 3) - In exercise of the powers conferred by section 9A of the Bombay Entertainments Duty Act, 1923 (Bombay I of 1923), the Government of Maharashtra hereby authorises the Collect or of Bombay in Greater Bombay and the District Magistrate elsewhere for the purposes of the said section 9A.
G. N., R. D., No. ENT. 1554, dated 25th June, 1954 (B. G., Part IV-B, page 866) - In exercise of the powers conferred by section 10 of the Bombay Entertainments Duty Act, 1923 (Bombay I of 1923), the Government of Bombay is pleased to empower the Commissioner of Police in Greater Bombay and elsewhere the District Magistrate in respect of an area within the district in which the Act is in operation to grant exemption under section 6(3) of the said Act from payment of duty in respect of wrestling matches in the Indian style only subject to the following conditions, namely :-
(a) the wrestling matches are organised by a gymnasium recognised by the Director of Education, State of Bombay, or registered under the Societies Registration Act, 1860, or the Bombay Co-operative Societies Act, 1925;
(b) the net proceeds of the wrestling matches after deducting expenses, if any, which should not exceed 20 per cent of the proceeds, are utilised for the development of the gymnasium concerned; and
(c) unless the gymnasium is solely intended for the Backward Classes, it is open to all communities.
G. N., R. D., No. ENT. 15654, dated 13th August, 1954 - In exercise of the powers conferred by section 10 of the Bombay Entertainments Duty Act, 1923 (Bombay I of 1923), the Government of Bombay is pleased to empower the Commissioner of Police in Greater Bombay and elsewhere (he District Magistrate in respect of an area within the district in which the Act is in operation to grant exemption under section 6(3) of the said Act from payment of duty in respect of performances of Indian classical music organised by bona fide music institutions or clubs, subject to the following conditions, namely :-
(i) that admission to entertainment is confined solely to members of the club or Institution or their guests;
(ii) the price of admission is intended to cover only the cost of the entertainment and is not a source of profit to the club or institution;
(iii) that the club or institution - (a) is registered under the Societies Registration Act, 1860, or the Bombay Co-operative Societies Act, 1925, (b) has as one of its principal objects the cultivation of love of Indian classical music among the public and the development of the science of Indian classical music, (c) is not conducted or established for profit, and (d) is open to all communities; and
(iv) that the full accounts of the entertainment are submitted to the Commissioner of Police or the District Magistrate within ten days after the date of the entertainment.
G. N., R. D., No. ENT. 1058-III-N, dated 31st May, 1958 (B. G., Part IV-B, page 565) - In exercise of the powers conferred by section 10 of the Bombay Entertainments Duty Act, 1923 (Bombay I of 1923) and in supersession of all previous orders issued in this behalf and in force and in any part of the State of Bombay including Government Notification in the Revenue Department No. 4345-E/II, dated the 16th January, 1923, the Government of Bombay hereby empowers all Collectors to exercise and perform in the areas in which the said Act is in operation, all the powers and duties conferred or imposed upon the State Government by the said Act, other than those specified below, namely :-
### 1. Power to bring the Act into operation under section 1(3) . ###
2. Power to issue stamps under section 4(1) .
### 3. Power to fix a percentage of the gross sum under section 4(2) (a). ###
4. Power to exempt any entertainment or class of entertainments from liability to entertainments duty under section 6(3) save as otherwise provided under any notification issued under section 10.
### 5. Power to make rules under section 7(1) . ###
6. Power to delegate powers and duties and the power to prescribe conditions for such delegation under section 10.
G. N., R. D., No. ENT. 1058-IV-N, dated 31st May, 1958 (B. G., Part IV-B, page 566) - In exercise of the powers conferred by section 10 of the Bombay Entertainments Duty Act, 1923 (Bombay I of 1923), and in supersession of Government Notification in the Revenue Department, No. 7230-E, dated the 17th December, 1923, the Government of Bombay hereby empowers the Commissioner of Police in Greater Bombay and the Collector elsewhere, to grant exemption under sub-section (3) of section 6 of the said Act from payment of entertainments duty in respect of entertainments the net proceeds of which are devoted to philanthropic or charitable purposes and the whole expenses of which do not exceed 20 per cent of the receipt.
G. O., R. & F. D., No. ENT. 1073-4251-M-2, dated 2nd March, 1976 (M. G., Part IV-B, page 291) - In exercise of the powers conferred by section 10 of the Bombay Entertainments Duty Act, 1923 (Bombay I of 1923), and in modification of the orders issued in Government Order, Revenue Department, No. ENT. 1058-III-N, dated the 31st May, 1958, the Government of Maharashtra hereby empowers the Deputy Collector, Bombay Entertainments Duty Act, Bombay and Bombay Suburban District, to exercise the powers conferred on the State Government under clause (b) of sub-section (2) of section 4 of the said Act, in Greater Bombay.
G. N., R. & F. D., No. ENT. 1078/194766-I.S.I., dated 7th September, 1979 (M. G., Part IV-B, page 1651) - In exercise of the powers conferred by section 10 of the Bombay Entertainments Duty Act, 1923 (Bombay I of 1923) the Government of Maharashtra hereby empowers the Collector of Bombay in Greater Bombay, and the District Magistrates elsewhere within their respective jurisdiction to exercise and perform in the areas in which the said Act is in operation, all the powers and duties conferred or imposed upon the State Government under section 4B of the said Act.
|
65b9d5ddab84c7eca86ea1c2 | acts |
Chota Nagpur Division - Act
-----------------------------
The Chota Nagpur Tenancy Rules (Part-II), 1959
------------------------------------------------
CHOTA NAGPUR DIVISION
India
The Chota Nagpur Tenancy Rules (Part-II), 1959
================================================
Act 1 of 1929
---------------
* Published in Rules-Under-The-Chota-Nagpur-Tenure-Holders-Rent-Account-Act-1929 Published vide Notification No. 19-21-7 on 26 June 1930
* Not commenced
[Bihar and Orissa Act I of 1929]
No. 19-21-7, dated the 26th June, 1930. - In exercise of the powers conferred by Section 17 of the Chota Nagpur Tenure-holders' Rent Account Act, 1929 (1 of 1929), the Board of Revenue, Bihar and Orissa, is pleased to make the following rules under the Act:
### 1. In these rules unless there is anything repugnant in the subject or context-
(a) 'Form' means a form in the Appendix to these rules.
(b) The 'Act' means the Chota Nagpur Tenure-holders' Rent Account Act, 1929.
Note. - The word 'rent' defined in the Chota Nagpur Tenancy Act, 1908, includes local cess and this Act will therefore, apply not only to permanent tenures in respect of which both rent and local cess are payable but also to those in respect of which only local cess is paid.
### 2. Every application under Section 5 of the Act shall be in Form.
### 3. The notice under sub-section (1) of Section 6 of the Act requiring the landlord of a tenure to furnish a list of all registered co-sharers in the said tenure shall be in Form II.
### 4. The notice required to be served under sub-section (2) of Section 6 of the Act shall be in Form III.
### 5. Every notice in Form III shall be served on the landlord and on each registered co-sharer of the tenure concerned :
(a) by affixing a copy thereof-
(i) at the Zamindari kachari (if any) of the landlord of the tenure in which is situated the registered fractional share for which a separate account is sought;
(ii) in some conspicuous place in at least one village belonging to the said tenure in the presence of not less than two persons;
(iii) at the office of the Deputy Commissioner, Sub-divisional Officer and Munsif within whose jurisdiction any of the lands to which the application relates are known to be situated; or
(b) if the Deputy Commissioner considers that service in the manner prescribed in clause (a) is inconvenient or impracticable, by sending a copy thereof by registered post to the persons on whom the notice is required to be served
### 6. In hearing any application or making any inquiry under sub-section (1) of Section 8 of the Act, the Deputy Commissioner shall follow as far as possible the procedure laid down in Chapter XVI of the Chota Nagpur Tenancy Act, 1908.
### 7. When the Deputy Commissioner makes an order under sub-section (1) of Section 8 declaring the rent payable in respect of a fractional share of a tenure, he shall deliver a copy of such order in Form IV to the landlord of the tenure and to the applicant for the separate account.
### 8. All costs awarded under this Act shall be recoverable in the manner provided in Chapter XVI of the Chota Nagpur Tenancy Act, 1908, for the recovery of money (not being arrears of rent) due under decree.
Note. - The word "costs" refers to the costs incurred by the parties and includes the cost of special operations such as the preparation of maps, schedules of property, surveys, etc. required for an inquiry or the hearing of an application.
Appendix
Form I
Application under Section 5 of The Chota Nagpur Tenure-Holders Rent Account Act, 1929
(See Section 5)
(1) Name, father's name, caste, profession and residence of the applicant.
(2) Name of estate within which is situated the permanent tenure in which a separate account is applied for, and tauzi number of such estate in the Collectorate register of the district.
(3) Name or description of permanent tenure in which the separate account is applied for, and the names of the villages comprising the tenure with the thana and thana numbers of such villages and the khewat number of the tenure in such villages.
(4) If the permanent tenure, in which a separate account is applied for, is an under-tenure, the name of the tenure within which such under-tenure is comprised, and the names and addresses of the landlords of the superior tenure, and khewat numbers of the superior tenure in all villages in which is situated any land of the under-tenure of which the applicant is a registered fractional co-sharer.
(5) Extent of the factional share of which the applicant is the registered co-sharer and for which the separate-account is applied for, and the khewat numbers of such share in each of the villages comprising the tenure.
(6) Manner in which the applicant's title or interest in the fractional share of which he is the registered co-sharer has been acquired, that is, whether by inheritance, purchase, gift or otherwise and date on which such share was registered in the name of applicant in the office of the landlord.
(7) Annual rent and local cess or, if only local cess is payable, of local cess payable for the tenure in which is situated the fractional share for which a separate account is sought.
(8) Proportionate share of the annual rent and local cess or, if only local cess is payable, of the local cess only, payable in respect of the fractional share for which a separate account is sought.
Form II
Form of Notice under sub-section (1) of Section 6 of The Chota Nagpur Tenure-Holders Rent Account Act, 1929
In The Court of the Deputy Commissioner of......................
Notice under sub-section (1) of Section 6 of the Chota Nagpur Tenure-holders Rent Account Act, 1929
Notice in the name of.............................................................inhabitant of................................. thana....................................District...............................................................................................Whereas..........................................................................................................son of............................................................................inhabitant of..................................thana..............................District....................................................................has applied under Section 5 of the Chota Nagpur Tenure-holders' Rent Account Act, 1929 (Act 1 of 1929), for an order that the landlord of the tenure, of which the details are given in the copy of the application attached, shall open a separate account of the rent and local cess payable in respect of his share, you, the landlord of the said tenure, are hereby required to furnish, within three months from the date of the receipt of this notice, a list of all registered co-sharers in the said tenure to this Court.
If you refuse or without reasonable cause neglect to furnish the list in due time, you shall be punishable under Section 16 of the said Act with fine which may extent to fifty rupees and with a further fine which may extend to Rs. 5 for each day after conviction during which the default continues.
Form III
Form of Notice under Sub-section (2) of Section 6 of the Chota Nagpur Tenure-Holders' Rent Account Act, 1929
Whereas.............resident at...........has applied for an order that the landlord shall open a separate account of the rent and local cess payable in respect of his share in the permanent tenure known as...........of which details are given below............comprised within the estate known as ...bearing tauzi No ... in the Collectorate register (if an under-tenure..................and comprised within the tenure known as.............recorded in khewat Nos....of village............and khewat No.............of village.........etc.).
Notice is hereby given that the Deputy Commissioner will hear the application at his office at...........on............(Any person who objects to the grant of such) application of the ground that it will affect any interest which he claims shall, on or before the date fixed for hearing, present to the Deputy Commissioner a statement of his objection in writing and shall appear before the Deputy Commissioner on the date so fixed.
Details of tenures as in the application.
Form IV
Order of the Deputy Commissioner under Sub-section (1) of Section 8 of the Chota Nagpur Tenure-Holders Rent Account Act, 1929, on the landlord for correction of entries in account agreeably to his order, dated.....
...Case No...........
The landlord..............is hereby directed to open the separate account in respect of the tenure named in the sub-joined table and he is directed to correct the tenure register in his office accordingly.
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| --- | --- | --- | --- | --- | --- |
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Case No.
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Tenure number and name of parent tenure and thana
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Number of separate account to be opened
|
Name, father's name and residence of co-sharer in whose name
the separate account is to be opened
|
Fractional share of tenure in respect of which separate
account has to be opened.
|
Rent and local cess payable in respect of the share for which
separate account has to be opened.
|
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1
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2
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3
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4
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5
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6
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65b9c005ab84c7eca86e9db8 | acts |
State of Rajasthan - Act
--------------------------
Rajasthan Victim Compensation Scheme, 2011
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RAJASTHAN
India
Rajasthan Victim Compensation Scheme, 2011
============================================
Rule RAJASTHAN-VICTIM-COMPENSATION-SCHEME-2011 of 2011
--------------------------------------------------------
* Published on 5 January 2012
* Commenced on 5 January 2012
Rajasthan Victim Compensation Scheme, 2011
Published vide Notification No. S.O. 157, dated 5.1.2012
S.O. 157. - In exercise of the powers conferred by section 357-A of the Code of Criminal Procedure, 1973 (Central Act. No. 2 of 1974), the State Government hereby frame the scheme for providing funds for, the compensation to the victims or their dependents, who have suffered loss or injury as a result of the crime and who require rehabilitation, namely: -
### 1. Short Title.
- This scheme may be called the Rajasthan Victim Compensation Scheme, 2011.
### 2. Definitions.
(1) In this scheme, unless the context otherwise requires, -
(a) "Cede" means the Code of ,Criminal Procedure, 1973 (Central Act No. 2 of 1974);
(b) "Schedule" means Schedule appended to this scheme;
(c) "State" means the State of Rajasthan; and
(d) [ "Victim" means a person who has suffered any loss or injury as a result of crime and requires rehabilitation and includes his or her guardian or legal heir or dependent.]
[Substituted by Notification No. F. 17(154) Home-10/2010, dated 8.4.2015 (w.e.f 5.1.2012).]
(2) Words and expressions used herein and pot defined but defined in the Indian Penal Code 1860 (Central Act No.45 of 1860) or the General Clauses Act, 1955 (Central. Act No. VIII of 1955 Act) have the same meanings respectively as assigned to them in the Code and the General Clauses Act 1955.
### 3. Victim Compensation Fund.
(1) There shall be constituted a fund namely Victim Compensation Fund from which amount of compensation under this scheme shall be paid to the victim or his dependants.
(2) The State Government shall allot a separate budget for this scheme every year.
(3) The fund shall be operated by the Secretary, State Legal Services Authority.
### 4. Eligibility.
- A victim or his dependents shall be eligible for the grant of compensation if : -
(a) he/she has not been compensated for the loss or injury under any other scheme of the Central/State Government or any other institution.;
(b) loss or injury sustained by the victim or his dependents should have caused loss of income of the family making it difficult to meet their both ends without the financial aid or has to spend beyond his means on medical treatment of mental/physical injury;
(c) the perpetrator of a heinous crime is not traceable or goes unpunished after trial, but the victim is identifiable and has to incur of expenses on physical and mental rehabilitation, such victim may also apply for the grant of compensation under sub-section (4) of section 357-A of the Code;
(d) the offender is not traced or identified, but the victim is identified, and where no trial takes place, such victim may also apply grant of compensation under sub section (4) of section 357-A of the Code;
(e) the victim/claimant report the crime without unreasonable delay to the Judicial Magistrate of the area provided that the District Legal Service Authority, if Satisfied, for the reasons to be recorded in writing, may condone the delay; and
(f) the victim/claimant cooperate with the police and prosecution during the investigation and trial of the case.
### 5. Procedure for grant of compensation.
(1) Whenever a recommendation is made by the Court under sub-section (2) and (3) or an application is made by any victim or his/her dependent under sub-section (4) of section 357-A of the Code to the District Legal Service Authority or the State Legal Service Authority, as the case may be, the District Legal Service Authority or the State Legal Service Authority, as the case may be shall examine the case and verify the contents of the claim with regard to the loss or injury caused to victim/claimant and arising out of the reported criminal activity and may call for any other relevant information necessary in order to determine genuineness. The District Legal Service Authority or the State Legal Service Authority, as the case may be, shall award compensation within two months, in accordance with provisions of this Scheme.
[Provided that the compensation awarded by the Special Court under the Protection of Children from Sexual Offences Act, 2012 shall be paid within 30 days from the date of receipt of the order of the Special Court.]
[Added by Notification No. F. 17(154) Home-10/2010, dated 8.4.2015 (w.e.f 5.1.2012).]
(2) The District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded to victim or his dependents on the basis of loss caused to the victim, medical expenses to be incurred on treatment, minimum amount required for rehabilitation including such incidental charges as funeral expenses etc. The compensation may vary from case to case depending on fact of each case.
(3) Compensation under this Scheme shall be paid subject to the condition that if the trial court while passing judgement at later date, orders the accused persons to pay any amount by way of compensation under sub section (3) of section 357 of the code, the victim/Claimant shall remit an amount ordered equal to the amount of compensation, or the amount ordered to be paid under the said sub section (3) of section 357 of the Code, whichever is less. An undertaking to this effect shall be given by the victim/claimant before disbursal of the compensation amount.
[Provided that the provisions of above sub-clause (3) shall not apply for the victim of sexual offences under the provisions of the Protection of Children from Sexual Offences Act, 2012 and rules made there under.]
[Added by Notification No. F. 17(154) Home-10/2010, dated 8.4.2015 (w.e.f 5.1.2012).]
(4) The quantum of compensation decided by the District Legal Service Authority, or the State Legal Service Authority, as the case may be, shall be disbursed to the victim or his dependents, as the case may be from the Victim Compensation Fund.
(5) Compensation received by the victim from the State in relation to the crime in question, namely, insurance, ex-gratia and /or payment received under any other Act or scheme run by the State shall be considered as part of the compensation amount under this scheme and if the compensation amount granted under this scheme exceeds the payments received by the victim from collateral sources mentioned above the balance amount shall be paid out of Victim Compensation Fund.
[Provided that nothing in this scheme shall prevent a child who is victim under the Protection of Children from Sexual Offences Act, 2012 or his parents or guardian or any other person in whom the child has trust and confidence from submitting an application for seeking relief under any other rules or scheme of the Central Government or State Government.]
[Added by Notification No. F. 17(154) Home-10/2010, dated 8.4.2015 (w.e.f 5.1.2012).]
(6) The cases covered under Motor vehicle Act, 1988(Central Act No. 59 of 1988) wherein compensation is to be awarded by the Motor Accident Claims Tribunal, shall not be covered under the Scheme.
(7) The District Legal Services Authority or the State Legal Service Authority, as the case may be to alleviate the suffering of the victim, may order for immediate first aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or Magistrate of the area concerned, or any other interim relief as it may deem fit.
(8) The quantum of compensation to be awarded to the victim or his dependants shall not be exceeded from the maximum limit as per Schedule.
[Provided that the above limit of compensation shall not apply in case of compensation awarded by the Special Court under the Protection of Children from Sexual Offences Act, 2012.
Provided further that the quantum of compensation to be awarded under this scheme shall be in addition to the fine imposed under Section 326-A or Section 376-D of Indian Penal Code, 1860 and ordered to be paid to victim by the Court.]
[Added by Notification No. F. 17(154) Home-10/2010, dated 8.4.2015 (w.e.f 5.1.2012).]
### 5A. [ Special Procedure in case of acid attack.
[Inserted by Notification No. F. 17(154) Home-10/2010, dated 8.4.2015 (w.e.f 5.1.2012).]
(1) Notwithstanding anything contained in clause 5, in case of acid attack a sum of Rupees three lac shall be paid to such victim or his or her dependent or his or her guardian within fifteen days of occurrence of such incident or the information received from officer in charge of police station.
(2) When the information received by the officer in charge of a police station he shall be liable to furnish the copy of the FIR supported by medical report to the District Magistrate and the District Legal Services Authority within three days. When the case brought to the notice of the District Magistrate he shall immediate facilitate medical attention and expenses in this regard and send his recommendation to the District Legal Services Authority within two days to award the compensation.]
### 6. Order to be placed on record.
- Copy of the order of compensation passed under this scheme shall be placed on record of the trial Court to enable the court to pass an order of compensation under sub-section (3) of section 357-A of the code.
### 7. Limitation.
- No claim made by the victim or his dependents under sub-section (4) of section 357-A of the Code shall be entertained after a period of one year from the date of commission of the crime:
Provided that the District Legal Service Authority or the State Legal Service Authority, as the case may be if satisfied, for the reasons to be recorded in writing, may condone the delay in filing the claim.
### 8. Recovery of compensation:
(1) The District Legal Service Authority or the State Legal Service Authority, as the case may be, if deemed fit shall institute proceedings before the competent Court of Law in consultation with the office of concerned public prosecutor for recovery of the compensation granted to the victim or his dependants from the person responsible for causing loss or injury as a result of the crime committed by them.
(2) The amounts, so recovered, shall be deposited in the Victim Compensation Fund.
[Schedule]
[Substituted by Notification No. F. 17(154) Home-10/2010, dated 8.4.2015 (w.e.f 5.1.2012).]
[See Rule 5(8) ]
| | | |
| --- | --- | --- |
|
S.No
|
Particulars of loss or injury
|
Maximum Limit of compensation
|
|
1.
|
Loss of Life (earning
member)Loss of Life (non earning member)
|
Rs. 5,00,000/-Rs. 2,50,000/-
|
|
2.
|
Loss of any limb or part
of body resulting above 80% disability (earning member)
Loss of any limb or part of body resulting above
80% disability (non earning member)
|
5,00,000/-
Rs. 2,50,000/-
|
|
3.
|
Loss of any limb or part
of body resulting above 40% and up to 80% disability (earning
member)
Loss of any limb or part of body resulting above
40% and up to 80% disability (non earning member)
|
Rs.80,000/-
Rs. 50,000/-
|
|
4.
|
Loss of any limb or part of body resulting up to
40% disability
|
Rs. 25,000/-
|
|
5.
|
Rape of Minor
|
Rs. 5,00,000/-
|
|
6.
|
Rape
|
Rs. 5,00,000/-
|
|
7.
|
Rehabilitation
|
Rs. 1,00,000/-
|
|
8.
|
Loss of any injury causing severe mental agony to
women and child victims in case like Human Trafficking, child
abuse and kidnapping
|
Rs. 25,000/-
|
|
9.
|
Simple loss or injury to child victim.
|
Rs. 20,000/-
|
|
10.
|
Victim of acid attack
|
Rs. 3,00,000/-
|
|
11.
|
Offences under the
Protection of Children from Sexual Offences Act, 2012
(a) Penetrative Sexual
Assault
(b) Aggravated
Penetrative Sexual Assault
(c) Sexual Assault
(d) Aggravated Sexual
Assault
(e) Using child for pornographic purposes
|
Rs. 5,00,000/-
Rs. 5,00,000/-
Rs. 1,00,000/-
Rs. 2,00,000/-
Rs. 1,00,000/-
|
|
Note.- The following expenses shall be
payable as interim relief: -
|
|
(i) Funeral expenses: Rs. 10,000/-.
|
|
(ii) Medical expenses up to Rs. 25,000/-.
|
|
(iii) Interim relief in case of child 50% of
maximum limit of compensation.
|
|
(iv) Interim relief in case of adult person 25% of
maximum limit of compensation
|
|
65ba7efcab84c7eca86ebb56 | acts |
Union of India - Act
----------------------
India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017
-----------------------------------------------------------------------------------------------------
UNION OF INDIA
India
India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017
=====================================================================================================
Rule INDIA-JAPAN-COMPREHENSIVE-ECONOMIC-PARTNERSHIP-AGREEMENT-BILATERAL-SAFEGUARD-MEASURES-RULES-2017 of 2017
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* Published on 24 January 2017
* Commenced on 24 January 2017
India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017
Published vide Notification No. G.S.R.68 (E) , No. 7/2017 - Customs (N.T.) dated 24th January, 2017
Ministry of Finance
(Department of Revenue)
(Central Board of Excise and Customs)
G.S.R.68 (E) . - In exercise of the powers conferred by sub-section (1) of section 5 of the Customs Tariff Act, 1975 (
51 of 1975
), read with sub-section (1) of section 25 and section 156 of the Customs Act, 1962 (
52 of 1962
), the Central Government hereby makes the following rules, namely:-
### 1. Short title and commencement.
(1) These rules may be called the India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires,-
(a) "critical circumstances" means circumstances in which there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to the domestic industry and where delay in imposition of provisional bilateral safeguard measure would cause damage to the domestic industry which would be difficult to repair;
(b) "Director General" means the Director General (Safeguard) appointed by the Central Government under sub-rule (1) of rule 3 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997;
(c) "domestic industry" means the producers,-
(i) as a whole of the like or directly competitive good in India; or
(ii) whose collective output of the like good or a directly competitive good in India constitutes a major proportion of the total production of the said good in India;
(d) " good" means any merchandise, product, article or material;
(e) "increased imports" means increase in imports from Japan whether in absolute terms or relative to domestic production;
(f) "interested party" includes, -
(i) any exporter or producer from Japan or importer of the good subjected to investigation for purposes of taking bilateral safeguard measure or a trade or business association, majority of the members of which are producers, exporters or importers of such a good,
(ii) the Government of Japan; and
(iii) a producer of the like good or directly competitive good in India or a trade or business association, a majority of members of which produce or trade the like good or directly competitive good in India;
(g) "originating good" means a good which qualifies as an originating good under the provisions of the Customs Tariff (Determination of Origin of Goods under the Comprehensive Economic Partnership Agreement between the Republic of India and Japan) Rules, 2011 notified vide notification of the Government of India, Ministry of Finance, Department of Revenue, No. 55/2011 - Customs (N.T.), dated the 1st August, 2011, published vide number G.S.R. 594 (E), dated the 1st August, 2011;
(h) "serious injury" means a significant overall impairment in the position of the domestic industry;
(i) "threat of serious injury" means serious injury that, on the basis of facts and not merely on allegation, conjecture or remote possibility, is clearly imminent;
(j) "Trade Agreement" means the `Comprehensive Economic Partnership Agreement between the Republic of India and Japan'.
(2) Words and expressions used herein and not defined, but defined in the Customs Tariff Act, 1975 (
51 of 1975
) and the Customs Act, 1962 (
52 of 1962
) shall have the meanings respectively assigned to them in those Acts.
### 3. Duties of Director General.
- Subject to the provisions of these rules, it shall be the duty of the Director General, -
(a) to investigate whether increased imports of an originating good into India, have caused or are threatening to cause serious injury to the domestic industry as a result of elimination or reduction of a customs duty under the Trade Agreement;
(b) to evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the domestic industry, in particular, the rate and amount of the increase in imports of originating good in absolute and relative terms, the share of the domestic market taken by the increased imports of the originating good, changes in the level of sales, production, productivity, capacity utilisation, profits and losses and employment;
(c) to submit his findings, provisional or otherwise, to the Central Government as to the serious injury or threat of serious injury to the domestic industry caused by increased imports of an originating good from Japan as a result of elimination or reduction of a customs duty under the Trade Agreement;
(d) to recommend bilateral safeguard measure which if adopted would be adequate to prevent or remedy the serious injury;
(e) to recommend the duration of the bilateral safeguard measure and where the period so recommended is more than a year, to recommend progressive liberalisation necessary to facilitate adjustment;
(f) to review the need for continuation of a bilateral safeguard measure.
### 4. Initiation of investigation.
(1) Except as provided in sub-rule (4), the Director General shall, on receipt of a written application by or on behalf of the domestic producer of like good or directly competitive good, initiate an investigation to determine the existence of serious injury or threat of serious injury to the domestic industry, caused by increased imports of an originating good as a result of the elimination or reduction of customs duty under the Trade Agreement.
(2) An application under sub-rule (1) shall be made in the form as may be specified by the Director General in this behalf and such application shall be supported by,-
(a) evidence of -
(i) increased imports of the originating good;
(ii) serious injury or threat of serious injury to the domestic industry;
(iii) a causal link between imports of the originating good and the alleged serious injury or threat of serious injury; and
(iv) the reduction or elimination of a customs duty under the Trade Agreement being a cause which contributes significantly to the increase in imports of the originating good and such increase in imports constitutes a substantial cause of serious injury to domestic industry:
Provided that the cause of reduction or elimination of a customs duty under the Trade Agreement need not be equal to or greater than any other cause; and
(b) a statement on the efforts being made, or planned to be made, or both, to make an adjustment to import competition.
(3) The Director General shall not initiate an investigation pursuant to an application made under sub-rule (1) unless he examines the accuracy and adequacy of the evidence provided in the application and satisfies himself that there is sufficient evidence regarding-
(a) increased imports of the originating good;
(b) serious injury or threat of serious injury;
(c) a causal link between imports of the originating good and the alleged serious injury or threat of serious injury; and
(d) the reduction or elimination of a customs duty under the Trade Agreement, contributing significantly to the increase in imports of the originating good and such increase in imports constitutes a substantial cause of serious injury or threat thereof to domestic industry:
Provided that the cause of reduction or elimination of a customs duty under the Trade Agreement need not be equal to or greater than any other cause.
(4) Notwithstanding anything contained in sub-rule (1), the Director General may initiate an investigation suo moto if he is satisfied with the information received from any Commissioner of Customs appointed under the Customs Act, 1962 (
52 of 1962
) or any other source that sufficient evidence exists as referred to in clause (a) , clause (b), clause (c) and clause (d) of sub-rule (3).
### 5. Principles governing investigation.
(1) Once the decision is taken by the Director General to initiate investigation to determine the serious injury or threat of serious injury to domestic industry, consequent upon the increased imports of an originating good into India as a result of the elimination or reduction of a customs duty under the Trade Agreement, the Director General shall issue a public notice on initiation of investigation and the public notice shall, inter alia, contain adequate information on the following, namely:-
(a) a precise description of the originating good subject to the investigation and its classification under the First Schedule to the Customs Tariff Act, 1975 (
51 of 1975
);
(b) the period subject to the investigation;
(c) the date of initiation of the investigation;
(d) a summary statement of the facts on which the allegation of serious injury or threat of serious injury is based;
(e) reason for initiation of the investigation;
(f) the address to which representations by interested parties should be directed; and
(g) the time-limits allowed to interested parties for providing their views through appropriate representation.
(2) The Director General shall forward a copy of the public notice to -
(a) the Central Government in the Ministry of Commerce and Industry and other Ministries concerned, as he deems fit;
(b) the concerned trade associations or known exporters of the originating good, the increased imports of which have been alleged to cause or threaten to cause serious injury to the domestic industry;
(c) the Government of Japan; and
(d) other interested parties, as he deems fit.
(3) The Director General shall also provide a copy of the application referred to in sub-rule (1) of rule 4 to -
(a) the Central Government in the Ministry of Commerce and Industry;
(b) the known exporters of the originating good, or the concerned trade associations; and
(c) the Government of Japan:
Provided that the Director General shall also make available a copy of the application, upon request in writing, to any other interested party.
(4) The Director General may issue a notice, calling for any information in such form as may be specified by him from the exporters, foreign producers and Government of Japan and such information shall be furnished by them and the Government of Japan in writing to the Director General within thirty days from the date of receipt of the notice or within such extended period as the Director General may allow on sufficient cause being shown.
Explanation. - For the purpose of this rule, the public notice and other documents shall be deemed to have been received one week after the date on which these documents were sent by the Director General by registered post or transmitted to the appropriate diplomatic representative of the Government of Japan.
(5) The Director General may also provide opportunity to the industrial users of the originating good under investigation and to representative consumer organisations in cases where the originating good is commonly sold at retail level to furnish information which is relevant to the investigation.
(6) The Director General may allow an interested party or its representative to present the information relevant to investigation orally but such oral information shall be taken into consideration by the Director General only when it is subsequently submitted in writing, within the time frame specified by the Director General.
(7) The Director General shall make available the evidence presented to him by one interested party to the other interested parties, participating in the investigation.
(8) In case where an interested party refuses access to or otherwise does not provide necessary information within the period specified by the Director General or significantly impedes the investigation, the Director General may record his findings on the basis of the facts available to him and make such recommendations to the Central Government as he deems fit under such circumstances.
### 6. Confidential information.
(1) Notwithstanding anything contained in sub-rules (1), (3) and (7) of rule 5, sub-rule (2) of rule 8 and sub-rule (5) of rule 10, any information which is by nature confidential or which is provided on a confidential basis shall, upon cause being shown, be treated as such by the Director General and shall not be disclosed without specific authorisation of the party providing such information.
(2) The Director General may require the parties providing information on confidential basis to furnish nonconfidential summary thereof and if, in the opinion of the party providing such information, the same cannot be summarised, such party may submit to the Director General a statement of reasons why summarisation is not possible.
(3) Notwithstanding anything contained in sub-rule (2), if the Director General is satisfied that the request for confidentiality is not warranted or the supplier of the information is unwilling either to make the information public or to authorise its disclosure in a generalised or summary form, he may disregard such information unless it is demonstrated to his satisfaction from appropriate sources that such information is correct.
### 7. Determination of serious injury or threat of serious injury.
- The Director General shall determine serious injury or threat of serious injury to the domestic industry taking into account, inter alia, the following principles, namely:-
(a) the Director General shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the domestic industry, in particular, the rate and amount of the increase in imports of the originating good in absolute and relative terms, the share of the domestic market taken by increased imports of the originating good, changes in the level of sales, production, productivity, capacity utilisation, profits and losses and employment; and
(b) the determination referred under this rule, shall not be made unless the investigation demonstrates, on the basis of objective evidence, the existence of the causal link between increased imports of the originating good and serious injury or threat thereof and when factors other than increased imports of the originating good are causing injury to the domestic industry at the same time, such injury shall not be attributed to the increased imports of the originating good.
### 8. Preliminary findings.
(1) The Director General shall proceed expeditiously with the conduct of the investigation and in critical circumstances, may record a preliminary finding regarding serious injury or threat of serious injury to the domestic industry as a result of increased imports of an originating good.
(2) The Director General shall issue a public notice regarding such preliminary findings and send a copy of the public notice to -
(a) the Central Government, in the Ministry of Commerce and Industry and in the Ministry of Finance;
(b) the Government of Japan.
### 9. Application of provisional bilateral safeguard measure.
(1) The Central Government, on the basis of the preliminary findings of the Director General, may -
(a) suspend further reduction of any rate of customs duty on the originating good provided for under the Trade Agreement; or
(b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of:
(i) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day when the bilateral safeguard measure is taken; or
(ii) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day immediately preceding the date of entry into force of the Trade Agreement.
(2) The bilateral safeguard measure under sub-rule (1) shall remain in force only for a period not exceeding two hundred days from the date on which it was imposed.
### 10. Final findings.
(1) The Director General shall, within eight months from the date of initiation of the investigation, or within an extended period not exceeding one year from the date of initiation of the investigation, as the Central Government may allow, determine whether,-
(a) the increased imports of the originating good under investigation has caused or threatened to cause serious injury to the domestic industry; and
(b) a causal link exists between the increased imports of the originating good due to the elimination or reduction of a customs duty under the Trade Agreement and serious injury or threat of serious injury.
(2) The Director General shall also give his recommendation regarding bilateral safeguard measure which would be adequate to prevent or remedy the serious injury and to facilitate adjustment.
(3) The Director General shall also make his recommendations regarding the duration of the bilateral safeguard measure:
Provided that where the period recommended is more than one year, the Director General shall also recommend progressive liberalisation of the bilateral safeguard measure at regular intervals during the period of application as necessary to facilitate adjustment.
(4) The final findings, if affirmative, shall contain all information on the matter of facts and law and reasons which have led to the conclusion.
(5) The Director General shall issue a public notice recording his final findings.
(6) The Director General shall send a copy of the public notice regarding his final findings to -
(a) the Central Government, in the Ministry of Commerce and Industry and in the Ministry of Finance;
(b) the Government of Japan.
### 11. Application of bilateral safeguard measure.
(1) On receipt of the recommendation of the Director General, in order to prevent or remedy the serious injury and to facilitate adjustment in respect of the originating good covered under the final findings, the Central Government may suitably amend the notification, issued under sub-section (1) of section 25 of the Customs Act, 1962 (
52 of 1962
) to give effect to the provisions of the Trade Agreement, so as to -
(a) suspend further reduction of any rate of customs duty on the originating good provided for under the Trade Agreement; or
(b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of:
(i) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day when the bilateral safeguard measure is taken; or
(ii) the Most Favoured Nation applied rate of customs duty on the originating good in effect on the day immediately preceding the date of entry into force of the Trade Agreement.
(2) In case, the final findings of the Director General is contrary to the prima facie evidence on the basis of which the investigation was initiated and the final findings do not have recommendation for applying bilateral safeguard measure, the Central Government shall within thirty days of the publication of final findings by the Director General under rule 10, withdraw the provisional bilateral safeguard measure imposed, if any.
(3) Upon termination of a bilateral safeguard measure, whether provisional or final, the rate of customs duty for an originating good subject to the measure shall be the rate which would have been in effect but for the bilateral safeguard measure.
### 12. Date of commencement of bilateral safeguard measure.
(1) The bilateral safeguard measure applied under rule 9 and rule 11 shall take effect from the date of publication of the notification, in the Official Gazette, imposing such bilateral safeguard measure.
(2) Notwithstanding anything contained in sub-rule (1), where a provisional bilateral safeguard measure has been imposed and where the Director General has recorded a finding that increased imports have caused or threaten to cause serious injury to domestic industry, it shall be specified in the notification issued under rule 11 that such bilateral safeguard measure shall take effect from the date of imposition of the provisional bilateral safeguard measure.
### 13. Refund of duty.
- If the bilateral safeguard measure taken after the conclusion of the investigation results in a rate of duty which is lower than the rate of duty resulting from a provisional bilateral safeguard measure already taken, the differential duty collected shall be refunded to the importer.
### 14. Duration.
(1) The bilateral safeguard measure applied under rule 11 shall be only to the extent and for such period of time as may be necessary to prevent or remedy the serious injury and to facilitate adjustment.
(2) Notwithstanding anything contained in sub-rule (1) of this rule, the bilateral safeguard measure applied under rule 11 shall not exceed a period of three years from the date of its imposition:
Provided that in highly exceptional circumstances, the Central Government may extend the period of bilateral safeguard imposition, on receipt of the recommendation of the Director General under sub-rule (1) of rule 16:
Provided further that the total duration of the bilateral safeguard measure, including such extensions, shall not exceed five years.
(3) No bilateral safeguard measure under these rules shall be applied again to the import of a particular originating good which has been subject to such a bilateral safeguard measure, for a period of time equal to that during which such measure had been previously applied, provided that the period of non-application is at least one year.
### 15. Liberalisation of bilateral safeguard measure.
- If the duration of the bilateral safeguard measure applied under rule 11 exceeds one year, the bilateral safeguard measure shall be progressively liberalised at regular intervals during the period of its application.
### 16. Review.
(1) The Director General may review the need for continued application of the bilateral safeguard measure in terms of sub-rule (2) of rule 14 and, if he is satisfied on the basis of information received by him that -
(a) the bilateral safeguard measure is necessary to prevent or remedy the serious injury and there is evidence that the domestic industry is adjusting positively, he may recommend to the Central Government for the continued imposition of bilateral safeguard measure;
(b) there is no justification for the continued imposition of such measure, recommend to the Central Government for its withdrawal.
(2) The provisions of rules 4, 5, 6 and 10 shall, mutatis mutandis apply in the case of review.
|
65b99bf0ab84c7eca86e9719 | acts |
State of Haryana - Act
------------------------
The Haryana Home Guards Act, 1974
-----------------------------------
HARYANA
India
The Haryana Home Guards Act, 1974
===================================
Act 31 of 1974
----------------
* Published on 31 August 1974
* Commenced on 31 August 1974
The Haryana Home Guards Act, 1974
Haryana Act
No. 31 of 1974
Received the assent of the Governor of Haryana on the 31st August, 1974, and first published for general information in the Haryana Government Gazette (Extraordinary) Legislative Supplement Part I of the 9th September, 1974.
An Act to provide for the constitution of Haryana Home Guards.
Be it enacted by the Legislature of the State of Haryana in the Twenty-fifth Year of the Republic of India as follows :-
### 1. Short title and extent.
(1) This Act may be called the Haryana Home Guards Act, 1974.
(2) It extends to the whole of the State of Haryana.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(a) "member" means a member of the Haryana Home Guards;
(b) "prescribed" means prescribed by rules made under this Act.
### 3. Constitution of Haryana Home Guards.
- The State Government may, for any area, constitute a body to be called the Haryana Home Guards, the members of which shall discharge such functions in relation to the protection of persons, the security of property or the public safety as may be assigned to them in accordance with the provisions of this Act or the rules made thereunder.
### 4. Enrolment and appointment to offices of command.
(1) The State Government may enrol such number of persons who are fit and willing to serve as members as it may deem fit to enrol.
(2) The State Government may appoint any person, whether a member or not, to any office of command in the Haryana Home Guards.
### 5. Obligation of employer to permit members to join duty.
(1) Except as may be prescribed, every employer shall permit a member who is for the time being employed by or under him to join his duty as such, and, notwithstanding anything in any law or agreement between him and such member, the period of his duty shall, subject to such conditions and restrictions as may be prescribed, be deemed to be the period spent in such employment :
Provided that the employer shall not be liable to pay remuneration to such member for a period exceeding thirty days in any year.
(2) No employer shall dismiss, remove or suspend any employee, or take any other action which may prejudice such employee, by reason of his being a member.
(3) Nothing in this section shall apply to an employer unless he had forwarded the application of the employee concerned for enrolment as member or been informed by the employee of his being a member at the time of applying for employment.
### 6. Calling out of members.
- The State Government in any area may at any time call out a member for training or to discharge any of the functions assigned to the Haryana Home Guards in accordance with the provisions of this Act and the rules made thereunder.
### 7. Powers, protection and control.
(1) A member when called out under section 6 shall have the same powers, privileges and protection as an officer of police appointed under any law for the time being in force.
(2) No prosecution shall be instituted against a member in respect of anything done or purporting to have been done by him in the discharge of his functions as such member, except with the previous sanction of the State Government.
### 8. Control by officers of police force.
- The members when called out under section 6 directly in aid of the police force, shall be under the control of the officers of such force, in such manner and to such extent as may be prescribed.
### 9. Penalty.
(1) If any member, on being called out under section 6, without sufficient excuse, neglects or refuses to obey such order, or to discharge his functions as such member or to obey any lawful order or direction given to him for the performance of his duties, he shall, on conviction by a court, be punishable with simple imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees or with both.
(2) Whoever contravenes the provisions of sub-section (1) or sub-section (2) of section 5 shall be punishable with fine which may extend to two hundred and fifty rupees, and the court by which an employer is convicted under this section may further order him to pay to the employee a sum not exceeding three months' remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so ordered to be paid by the court shall be recoverable as if it were a fine imposed by such court :
Provided that an employer shall not be so liable unless he had forwarded the application of the employer concerned for enrolment as member or been informed by the employee of his being a member at the time of applying for employment.
(3) An offence under this Act shall be cognizable.
### 10. Delegation of powers.
- The State Government may, by notification, and subject to any conditions which may be specified, delegate its functions under section 3 or section 4 or section 6 to any person or body of persons.
### 11. Power to make rules.
(1) The State Government may make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) the exercise of control by officers of the police force over members when acting directly in aid of the police force;
(b) regulating the organisation, appointment, conditions of service, duties, discipline, arms, accoutrements and clothing of members and the manner in which they may be called out for service;
(c) conferring on members according to their office any powers, other than the power of an Executive or Judicial Magistrate, exercisable by any person under any law for the time being in force; and
(d) any other matter which has to be, or may be, prescribed.
(3) All rules made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature while it is in session for a period of not less than ten 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 the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such 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 thereunder.
### 12. Repeal.
- The Punjab Home Guards Act, 1974 (Punjab Act 8 of 1974), in its application to the State of Haryana, is hereby repealed.
|
65ba7840ab84c7eca86eb835 | acts |
Union of India - Act
----------------------
The Insurance Regulatory And Development Authority (Annual Report-Furnishing Of Returns, Statements And Other Particulars) Rules, 2000
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UNION OF INDIA
India
The Insurance Regulatory And Development Authority (Annual Report-Furnishing Of Returns, Statements And Other Particulars) Rules, 2000
========================================================================================================================================
Rule THE-INSURANCE-REGULATORY-AND-DEVELOPMENT-AUTHORITY-ANNUAL-REPORT-FURNISHING-OF-RETURNS-STATEMENTS-AND-OTHER-PARTICULARS-RULES-2000 of 2000
-------------------------------------------------------------------------------------------------------------------------------------------------
* Published on 12 June 2000
* Commenced on 12 June 2000
The Insurance Regulatory And Development Authority (Annual Report-Furnishing Of Returns, Statements And Other Particulars) Rules, 2000
Published vide Notification S.O. 570(E) , dated 12th June, 2000.
### 14. /661
S.O. 570(E) , dated 12th June, 2000. - In exercise of the powers conferred by section 20 read with clause (e) of sub-section (2) of section 24 of the Insurance Regulatory and Development Authority Act, 1999 (
41 of 1999
), the Central Government hereby makes the following rules, namely:-
### 1. Short title and commencement
.-(1) These rules may be called The Insurance Regulatory and Development Authority (Annual Report-Furnishing of Returns, Statements and Other Particulars) Rules, 2000.
(2) They shall come into force on the date of their publication.
### 2. Definitions
.-In these rules, unless the context otherwise requires,-
(a) "Act" means the Insurance Regulatory and Development Authority Act, 1999;
(b) "Appendix" means an Appendix annexed to these rules;
(c) All other words and expressions used in these rules but not defined, and defined in the Act shall have the same meanings respectively assigned to them in the Act.
### 3. Form, manner and the time of furnishing of returns, statements and other particulars
.-(1) The Authority shall furnish to the Central Government the Annual Report-Returns, Statements and other particulars in regard to any proposed or existing programme for the promotion and the development of the insurance industry giving a true and full account of its activities in the form and manner prescribed in the appendix.
(2) The Annual Report-Returns, Statements and other particulars of the previous financial year referred to in sub-rule (1) above shall be submitted by the Authority to the Central Government within 9 months after the close of each financial year.
Appendix
(See rule 3)
Form Of (Annual Report-Returns, Statements And Other Particulars) Of Insurance Regulatory And Development Authority
Part I – Policies and programmes
----------------------------------
(a) Review of General Economic Environment
(b) Appraisal of Insurance Market
(c) Number and details of Authorised insurers/re-insurers
(d) Policies and measures to develop Insurance Market
(e) Research and Development activities undertaken by the insurers
(f) Review of:-
(i) protection of interests of policy-holders
(ii) maintenance of solvency margins of insurers
(iii) monitoring of re-insurance
(iv) monitoring investments of the insurers
(v) health insurance
(vi) specified percentage of business to be done in rural sector
(vii) pensions
(viii) accounts and actuarial standards
(ix) directions, orders and regulations given by the Authority
(x) powers and functions delegated by the Authority
(xi) other policies and programmes having bearing on the working of the insurance market.
Part II – Review of working and operations of the Insurance Regulatory and Development Authority in respect of
----------------------------------------------------------------------------------------------------------------
(i) Regulation of insurance/re-insurance companies
(ii) Intermediaries associated with insurance business
(iii) Professional institutes connected with insurance education
(iv) Litigation, Appeals and Court pronouncements
(v) International Corporation in insurance
(vi) Public Complaints
(vii) Functioning of the Advisory Committee
(viii) Functioning of Ombudsman
(ix) Review of performance of various Committees set up from time to time by the IRDA
(x) Review of the Advisory functions performed by the Authority from time to time
(xi) Other activities having a bearing on the insurance market.
Part III – Statutory functions of the authority enshrined in the section 14 of the Insurance Regulatory and Development Authority Act, 1999
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Part IV – Organisational matters of the Insurance Regulatory and Development Authority
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65ba09caab84c7eca86ea8a4 | acts |
State of Andhra Pradesh - Act
-------------------------------
The Indian Stamp Rules, 1925
------------------------------
ANDHRA PRADESH
India
The Indian Stamp Rules, 1925
==============================
Rule THE-INDIAN-STAMP-RULES-1925 of 1925
------------------------------------------
* Published on 2 June 1959
* Commenced on 2 June 1959
The Indian Stamp Rules, 1925
As applicable to Andhra Pradesh
Chapter-I Preliminary
### 1. Short title
:- These rules may be called the Indian Stamp Rules, 1925.
### 2. Definition
:- In the rules ,-
(a) "The Act" means the Indian Stamp Act, 1899 (II of 1899)
(b) "Section" means a section of the Act.
(c) "Schedule" means a schedule of the Act.
(d) "The Inspector-General of Stamps" means the Inspector General of Stamps, Andhra Pradesh, Hyderabad, or any officer appointed by the Government to perform the functions of "Inspector-General of Stamps". (G.O.Ms. No. 1060, Rev., dated 2.6.1959).
N.B.:- Inspector-General of Registration, Andhra Pradesh, has been appointed to perform the functions of Inspector-General of Stamps in Andhra Pradesh - (Andhra Pradesh Government Gazette, 16-7-1959, Part I, Page 1671).
(e) "Government" means unless there is anything repugnant in the subject or context, the "Government of Andhra Pradesh" (G.O.Ms.No. 1060, Rev., dated 2.6.1959).
### 3. Description of Stamps
:- Except as otherwise provided by the Act or by these rules:
(i) all duties with which any instrument is chargeable shall be paid and such payment shall be indicated on such instrument by means of stamps issued by Government for the purposes of the Act;
(ii) a stamp which by any word or words on the face of it is appropriated to any particular kind of instrument, shall not be used for as instrument of any other kind.
(iii) stamps purchased in Andhra Pradesh State alone shall be used for instruments chargeable with duty under the Act as in force 479 in that State. (G.O.Ms.No. 2454, Revenue (u), dated 30th December 1957):
Provided that stamps purchased in the State of Andhra Pradesh may also be used for instruments chargeable with duty under the Act as in force in the transferred territories.
Note:- The term "transferred territories" shall mean the areas transferred to the State of Andhra Pradesh under the provisions of the Andhra Pradesh Act 1959 and Act 1959 and Madras (Alteration of Boundaries) Act, 1959 (Central Act LVI of 1959) (G.O.Ms.No. 2286, Revenue (u) , dated 19th November, 1970).
(iv) the stamp papers shall bear the endorsements of the stamp vendors prescribed in the rule made under Section 74. (G.O. Ms. No. 561, Revenue (u), dated 12th June 1969).
(2) There shall be two kinds of stamps for indicating the payment of duty which instruments are chargeable. namely
(a) impressed stamps, and
(b) adhesive stamps.
Chapter-II Of Impressed Stamps
### 4. Hundis
:- (1) Hundis, other than hundis which may be stamped with an adhesive stamp under Section 11, shall be written on paper as follows namely:
(a) A hundi payable otherwise than on demand, but not at more than one year after date or sight and for or an amount not exceeding rupees thirty thousand in value, shall be written on paper on which a stamp of the proper value bearing the word "hundi" has been engraved or embossed.
(b) A hundi for an amount exceeding rupees thirty thousand in value, payable at more than one year after date or sight, shall be written on paper supplied for sale by the Government to which a label has been affixed by the Inspector-General of Stamps, and impressed by him in the manner prescribed by Rule 11.
(2) Every sheet of paper on which a hundi is written shall be not less than 8-5/8 inches long 5-1/8 inches wide, and no plain paper shall be joined thereto.
(3) The provisions of sub-rule (1) of Rule 7 shall apply in the case of hundis.
### 5. Promissory Notes and Bills of Exchange
:- A Promissory Note or Bill of Exchange shall, except as provided by Section 11 or by Rules 13 and 17, be written on paper on which a stamp of the proper value, with or without the word "hundi" has been engraved or embossed.
### 6. Other Instruments
:- (1) Every other instrument chargeable with duty shall, except as provided by Section 11 or by [Rules 10, 12 and 13]
[These words were inserted by Government of India Notification No. 13, Dated 20th May, 1926. ]
be written on paper on which a stamp of the proper value, not bearing the word "hundi" has been engraved or embossed.
(2) A stamped paper, on which the stamp has been engraved or embossed purchased by or for the use of a person shall be used only, by that person or his legal representative or duly authorised agent of such person. (G.O.Ms.No. 340, Revenue, Dated 15th April, 1967).
### 7. Provision where single sheet of paper is insufficient
:- (1) Where two or more sheets of paper on which stamps are engraved Section or embossed are used to make up the amount of duty chargeable 13 in respect of any instrument, a portion of such instrument shall be written on each sheet so used.
(2) Where a single sheet of paper, not being paper bearing an impressed hundi-stamp, is insufficient to admit of the entire instrument being written on the side of the paper which bears the stamps, so much plain paper may be sub-joined thereto as may be necessary for the complete writing of such instrument :
Provided that in every such case a substantial part of the instrument shall be written on the sheet which bears the stamp before any part is written on the plain paper sub-joined.
### 8. One anna, two annas, ten naye paise and fifteen naye paise impressed Stamps
:- The duty on any instrument which is chargeable with a duty of 10 naye paise under the Act or of 15 naye paise under Articles 19, 36, 37, 49 and 52 of Schedule 1 or of 20 naye paise under Articles 5 and 38 (a) of Schedule I-A may be denoted by coloured impression marked on a skeleton form of such instrument by the Inspector-General of Stamps.
(G.O.Ms.No. 1860, Revenue, dated 2nd June, 1959 and G.O. published in Andhra Pradesh Gazette, 13th August, 1959, Part I. R.S. P. 702).
### 9. The proper officer
:- The officers specified in Appendix I and any officer appointed in this behalf by the State Government of a State are empowered to affix and impress [or perforate]
[These words were inserted by Government of India Notification No. 13, Dated 20th May, 1926.]
labels and each of them shall be deemed to be "the proper officer" for the purposes of the Act and of these rules.
### 10. Affixing and Impressing of Labels by proper officer permissible in Certain Cases
:- Labels may be affixed and impressed '[or perforated] by the proper officer in the case any of the following instruments, namely:-
(i) those specified in Appendix II, and the counterparts thereof other than instruments on which the duty is less than fifteen naye paise; and
(ii) those specified in Appendix Ill, when written in any European language, and accompanied, if the Language is not in English, by a translation in English:
Provided that the State Government may direct that this rule shall apply, subject to any conditions which it may prescribe [to any of the instruments specified in Appendix III. other than Bills of Exchange]
[Words and figures Substituted for the "to agreements or memoranda of agreements such as specified in Appendix III" by Government of India, Finance Department (Central Revenue) Notification No. 4 dated 14th July, 1934. ]
, when written in any oriental language.
### 11. Mode of affixing and impressing labels
:- (1) The proper officer shall, upon any instrument specified in Rule 10 being brought to him before it is executed, and upon application being made to him, affix thereto a label or labels or frank a stamp or stamps of such value as the applicant may require and pay for and impress or perforate such label or labels by means of a stamping machine or a perforating machine or franking and also stamp or write on the face of the label or labels the date of impressing or perforating or Franking the same. In the case of instruments written on parchment, the labels shall be further secured by means of metallic eyelets.
(2) On affixing any label or labels under this rule, the proper officer shall, where the duty amounts to rupees five or upwards, write on the face the label or labels his initials and where the duty amounts to rupees twenty or upwards, shall also attach his usual signature to the instruments immediately under the label or labels.
[However there shall be no objection for the facsimile initial or signature as the case may be being used by the proper officer provided that the entire responsibility for the use of such facsimile to be taken by him.]
[Inserted by G.O.Ms.No. 201. Rev. dated 25.2.1974.]
(3) Any principal assistant of the proper officer may discharge the functions of the proper Officer under sub-rule (2) if empowered by the Government in this behalf.
### 12. Certain Instruments to be stamped with Impressed Labels
:- (1) Instruments executed out of India and requiring to be stamped after their receipt in India (Other than instruments which, under Section 11 or Rule 13, may be stamped with adhesive stamps) shall be stamped with impressed labels.
(2) Where any such instrument as aforesaid is taken to the Collector under Section 18, sub-section (2), the Collector, unless he is himself the proper officer, shall send the instrument to the proper officer, remitting the amount of duty paid in respect thereof, and the proper officer shall stamp the instrument in the manner prescribed in Rule 11, and return it to the Collector for delivery to the person by whom it was produced.
Chapter III
Of Adhesive Stamps
-----------------------------------
### 13. Use of Adhesive stamps on certain instruments
:- The following instruments may be stamped with adhesive stamps, namely:
(a) Bills of exchange payable otherwise than on demand and drawn in sets, [when the amount of duty does not exceed ten naye paise]
[Words substituted for the words "when the amount does not exceed one anna by Government of India Notification No. GSR. 895, dated 1st October, 1958 in so far as the rules are in the Union Territories.]
for each part of the set.
(This has become obsolete as bills of exchange drawn in sets are not chargeable on a different scale and as duty in no case less than 25 paise).
(b) Transfer of debentures of public companies and associations.
(c) [Copies of maps or plans, printed copies and copies of or extracts from registers given on printed forms when chargeable with duty under Article 24 of Schedule 1 (Article 21 of Schedule 1-A, Andhra Pradesh)]
[Words substituted for the words "copies of maps and plans and printed copies" by Government of India, Finance Department (Central Revenue) Notification No. 13 Stamps, dated 14th September, 1935.]
.
(d) Instruments chargeable with duty under Articles 5 (a) and (b) and 43 of Schedule I (Articles 5 (a) and (b) and 38 of Schedule I-A Andhra Pradesh).
(e) Instruments chargeable with stamp duty under Article 47 of Schedule I.
(f) Instruments chargeable with stamp duty under Article 37, 49 (a) (ii) and (iii) and 52 of Schedule I and Articles 17 and 32 of Schedule I-A.
[G.O.Ms.No. 3116, Revenue, 15th December, 1943 Madras and G.O.Ms.No. 1060, Revenue, 2nd June, 1959, Andhara Pradesh.]
(g) Instruments of transfer of shares of public companies or associations.
(G.O.Ms.No. 2629 Revenue, 28th September, 1943).
(h) Bonds executed under any law relating to a central duty of excise or any rules made thereunder.
(G.O.Ms.No. 1821 Revenue, 4th June 1943.)
(i) [Omitted as per G.O.Ms.No. 2734, (Rev)].
[13-A. Notwithstanding anything contained in these rules whenever the stamp duty payable under the Act in respect of any instrument cannot be paid exactly by reason of the facts that the necessary stamps are not in circulation]
[Rule 13-A added by No. 6733, dated 23rd December 1922.]
, [the amount by which the payment of duty shall on that account be in deficit shall be made up by the, affixing of such one anna, ten naye paise, half-anna or five naye paise adhesive stamps, as are described in Rule 16, and as are necessary for the said instrument under the provisions of the law for the time being in force provided that a State Government may direct that instead of such stamps, adhesive Court-fee stamps shall be used for the purpose.]
[Substituted by Govt. of India Notification, GSR 895 dated 1st October 1958 in so far as the rules are in force in the Union Territories.]
(G.O.Ms.No. 367 Revenue, 27th January, 1962)
### 14. Supply of deficient duty on transfer of shares
:- When any instrument of transfer of shares in a company or association is written on a sheet of paper on which a stamp of the proper value is engraved or embossed or on which special adhesive stamps of the proper value bearing the words "share transfer" are affixed, and the value of the stamp or stamps so engraved, embossed or affixed is subsequently in consequence of a rise in the value of such shares found to fall short of the amount of duty chargeable under Article 62 (a) of Schedule I one or more adhesive stamps bearing the words "share transfer" may be used to make up the amount required.
[G.O.Ms.No. 1821, Revenue, dated 4th June, 1943, (Madras) and G.O.Ms. No. 1060, Revenue, dated 2nd June, 1959 (Andhra Pradesh)]
### 15. Enrolment of Advocates, Vakils or Attorneys
:- When adhesive stamps are used to indicate the duty chargeable on entry as an Advocate, Vakil or Attorney on the roll of any High Court such stamps shall be affixed under the superintendence of a gazetted officer of the High Court who shall obtain the stamp from the Superintendent of Stamps or other officer appointed in this behalf by the State Government and account to him for it. Such Gazetted Officer shall, after affixing the stamps, write on the face of it its usual signature with the date thereof.
### 16. Adhesive stamp or stamps denoting duty of four annas etc.
:-Except as otherwise provided by these rules, the adhesive stamps used to denote duty shall be the requisite number of stamps bearing the words "Inland Revenue" and the words "Twenty-five naye paise" or "Fifteen naye paise" or "Ten naye paise" or "Five naye paise".
[G.O.Ms.No. 3197, dated 17th December, 1938 (Madras) and G.O.Ms.No. 1060 Revenue, dated 2nd June, 1959 (Andhra Pradesh) and G.O.Ms.No. 367, Revenue, 27th January 1962 (Madras).]
### 17. Special Adhesive stamps to be used in certain cases
:- The following instruments when stamped with adhesive stamps shall be stamped with the following descriptions of such stamps, namely :
(a) Bills of exchange, cheques and promissory notes drawn or made out of State and chargeable [with a duty of more than ten naye paise]
[Substituted by Government of India Notification GSR, 895, dated 1st, October, 1958 in so far as the rules are in force in the Union Territories. ]
with stamps bearing the words "Foreign Bill."
(b) Separate instruments of transfers of shares and transfers of debentures of Public Companies and Associations with stamps bearing the words "Share Transfer."
(c) Entry as an Advocate, Vakil or Attorney on the roll of any High Court, with stamps bearing the words "Advocate", "Vakil" or "Attorney" as the case may be.
(d) Notarial acts with foreign bill stamps bearing the word "Notarial"
(e) [Copies of maps, or plans, printed copies and copies of or extracts from registers given on printed forms]
[Words were substituted for the words 'Copies of maps or plans and printed copies' by Government of India, Finance Department (Central Revenue) Notification No. 14, dated 13th September, 1935.]
certified to be true copies with Court - fee stamps.
(f) Instruments chargeable with stamp duty under Articles 5 (a) and (b) or 38 of Schedule 1-A with stamps bearing the words "Agreement" or "Broker's Note" respectively.
(g) Instruments chargeable with stamp duty under Article 47 of Schedule I; with stamps bearing the words "Insurance."
Chapter IV
Miscellaneous
-----------------------------
### 18. Provision for cases in which improper description of stamp is used
:- When an instrument bears a stamp of proper amount, but of improper description, Section 37 the Collector may, on payment of the duty with which the instrument is chargeable, certify by an endorsement that it is duly stamped.
[Provided that where the stamp borne on the instrument is a postage stamp and the proper description of stamp is a stamp bearing the words "Indian Revenue" the Collector shall so certify, if the instrument was executed before and shall not so certify if it was executed on or after the 1st April, 1935.]
[This Proviso substituted for the old one by Government of India Notification No. 3 Stamps dated 31st March, 1943. The old Proviso read as; "Provided That, if application is made within three months of the execution of the instrument and the Collector is satisfied that the improper description of stamp was used solely on account of the difficulty or inconvenience of procuring one of the proper description he may remit the further payment of duty prescribed in this rule:]
### 19. Evidence as to circumstances of claim to refund or renewal
:- The Collector may require any person claiming a refund or renewal under Chapter V of the Act, or his duly authorised agent, to make an oral deposition on oath or affirmation, or to file an affidavit, setting forth the circumstances under which the claim has arisen and may also, if he thinks fit, call for the evidence of witnesses in support of the statement set forth in any such deposition or affidavit.
### 19A. Furnishing of affidavit regarding instruments executed out of India
:- The Collector may require any person or his duly authorised agent presenting an instrument executed out of India for stamping under Section 18 or for opinion under Section 31 to furnish an affidavit or other evidence as to the date of its first receipt in India. (G.O.Ms.No. 1060 Revenue, 2-6-1959).
### 20. Payment of allowances in respect of spoiled or misused stamps or on the renewal of debentures
:- When an application is made for the payment under Chapter V of the Act, of an allowance in respect of a stamp which has been spoiled or misused or for which the applicant has no immediate use or on the renewal of a debenture, and an order is passed by the Collector sanctioning the allowance or calling for further evidence in support of the application, then if the amount of the allowance of the stamp given in lieu thereof is not taken, or if the further evidence required is not furnished, as the case may be, by the applicant within one year of the date of such order, the application shall be struck off, and the spoiled or misused stamp (if any) sent to the Superintendent of Stamps or other officer appointed in this behalf by the State Government for destruction.
### 21. Mode of Cancelling original debenture on refund under Section 55
:- When the Collector makes a refund under Section 55, he shall cancel the original debenture by writing on or across it the word "cancelled" and his usual signature with the date thereof.
### 22. Rewards
:- On the conviction of any offenders under the Act, the Collector may grant to any person who appears to him to have contributed thereto a reward not exceeding such sum as the State Government may fix in this behalf.
Appendix - I
"Proper officers within the meaning of Rule 9"
### 1. [ The Inspector-General of Stamps. Andhra Pradesh Hyderabad] [G.O. Ms. No. 934, Rev. Dated 6.8.1966.]
.
### 2. [ The Collectors or the P.As. to the Collectors or the Treasury Officers of all the Dists. in the State.] [G.O.Ms.No. 2250, Rev. Dated 17.12.1959. ]
### 1. East Godavari ###
2. Hyderabad
### 3. Mahboobnagar ###
4. Nizamabad
### 5. West Godavari ###
6. Nellore
### 7. Ananthapur ###
8. Visakhapatnam
### 9. Karimnagar ###
10. Medak
### 11. Warangal ###
12. Krishna
### 13. Kurnool ###
14. Chittoor.
### 15. Adilabad ###
16. Khammam
### 17. Nalgonda ###
18. Srikakulam
### 19. Srikakulam ###
20. Cuddapah
### 3. [ The Asst. Director of Fisheries.] [G.O. Ms.No. 1451, Rev. Dated 18.8.1961.]
### 4. [ Supdt.. of Excise for the documents presented in their office.] [G.O. Ms.No.933, (Rev) , Dated 18.6.1962.]
### 5. [ Officers of and above the rank of Asst. Conservator of Forests in the Forest Dept.] [G.O. Ms.No. 757, Revenue, dt 2-5-1964.]
### 6. [ Sub-Treasury Officers made permanent w.e.f. 31-3-1973.] [G.O.Ms.No.644, Rev., Dated 21.7.1973.]
### 7. Sub-Registrars in charge of sub-depots for the sale of stamps. ###
8. [ Branch Managers of Nationalised Banks in respect of documents pertaining to their respective branches only.]
[Substituted by G.O.Ms.No.407, Rev. Reg-I, Dated 14.5.1997. Published in Andhra Pradesh Gazette Part I, Dated 12.6.1997.]
### 9. Branch Managers of S.B.I. and its subsidiaries in respect of documents pertaining to their respective branches only. ###
10. Branch Managers of Grameen Banks, Coop. Credit Banks and the Scheduled banks in respect of documents pertaining to their respective branches only].
Appendix - II
List of Instruments referred to in Rule 10(i) | | |
| --- | --- |
|
|
No. of Art, in Schedule I-A
|
|
1.
|
Administration bond
|
2
|
|
2.
|
Affidavits
|
4
|
|
3.
|
Appointments made in execution of a power
|
7
|
|
4.
|
Articles of Association of a Company
|
10
|
|
5.
|
Articles of clerkship
|
11
|
|
6.
|
Bills of lading
|
14
|
|
7.
|
Charter parties
|
18
|
|
8.
|
Declarations of trust
|
55(a) |
|
9.
|
Instruments evidencing an agreement relating to (1) the deposit of title deeds or instruments constituting or being evidence of the title to any property whatever (other an a marketable security), or (2) the pawn or pledge or hypothecation of movable property.
|
6
|
|
10.
|
Leases partly printed or lithographed in an Oriental language, when the written matter does not exceed one-fourth of the printed matter.
|
31
|
|
11.
|
Memorandum of Association of Companies
|
34
|
|
12.
|
Mortgage of crops.
|
36
|
|
13.
|
Notes of protest by Master of Ships
|
39
|
|
14.
|
Revocations of trust
|
55-B
|
|
15.
|
Share-warrants issued by a Company in accordance with Section 43 of the Indian Companies Act, 1913 (VII of 1913)
|
50
|
|
16.
|
Warrants for goods.
|
56
|
|
17.
|
Note or memorandum when the duty payable exceeds fifteen naye paise
|
(38b)
|
|
18.
|
Transfers of the descriptions mentioned in Articles 62, Clause (a) of Schedule 1 and Article 53, Clause (b) of Schedule I-A when the duty payable exceeds Rs.15. (Art. 62 (a) of Schedule I and Art. 53 of Schedule I-A) [G.0.3197, Rev., 17-12-1931 (Mad.) and G.O.Ms.No.1060 Rev, 2-6-1959 (Andhra Pradesh)].
|
Appendix - III
List of Instruments referred to in Rule 10 (ii) No. of Art in Schedule I or Schedule I-A
| | | |
| --- | --- | --- |
|
1.
|
Agreements or Memorandums of agreement which, in the opinion of the proper officer, cannot conveniently be written on sheets of paper on which the stamps are engraved or embossed.
|
5 of Schedule 1-A
|
|
2.
|
Instruments engrossed on parchment and written in the English style which, in the opinion of such officer, cannot conveniently be written on sheets of paper on which the stamps are engraved or embossed.
|
|
|
3.
|
Awards
|
12 of Schedule I-A
|
|
4.
|
Bills of exchange payable otherwise than on demand and drawn in India.
|
13(b) and (c) of Schedule I
|
|
5.
|
Bonds
|
13,14,23,30,47 and 48 of Schedule I-A
|
|
6.
|
Certificates of Sale.
|
17 of Schedule I-A
|
|
7.
|
Composition deeds
|
19 of Schedule I -A
|
|
8.
|
Conveyances.
|
20 of Schedule I-A
|
|
8A.
|
Debentures
|
27 of Schedule I
|
|
9.
|
Instruments imposing a further charge on mortgaged property.
|
28 of Schedule I-A
|
|
10.
|
Instruments of Apprenticeship
|
9 of Schedule I-A
|
|
11.
|
Instruments of co-partnership.
|
41-A of Schedule I-A
|
|
12.
|
Instruments of dissolution of partnership
|
41-B of Schedule I-A
|
|
13.
|
Instruments of exchange
|
27 of Schedule I-A
|
|
14.
|
Instruments of gift
|
29 of Schedule I-A
|
|
15.
|
Instruments of partition
|
40 of Schedule I-A
|
|
16.
|
Leases
|
31 of Schedule 1-A
|
|
17.
|
Letters of licence
|
33 of Schedule 1-A
|
|
18.
|
Mortgage deeds.
|
35 of Schedule I-A
|
|
19.
|
Powers of attorney.
|
42 of Schedule 1-A
|
|
20.
|
Reconveyance of mortgaged property.
|
45 of Schedule 1-A
|
|
21.
|
Releases
|
46 of Schedule I-A
|
|
22.
|
Settlements
|
49 of Schedule I-A
|
|
23.
|
Transfers of the description mentioned in Art. 53, Cls, (c) , (d) and (e) of Sch I-A
|
53 (c) (d) and (e) of Schedule 1-A
|
|
24. [
[Added by G.O.Ms. No. 807 (Rev-I) Dated 28.10.2002.]
|
Policy of Insurance under Article 47 of Schedule I]
|
|
G.O.Ms.No. 3197, Revenue, 17-12-1938 (Mad.) and G.O.Ms.No. 1060, Rev., 2-6-1959 and G.O.Ms.No. 1509, Rev., 28-7-1959 (Andhra Pradesh)
By G.O.Ms.No. 399, Rev. (U) , dated 23.4.1969, the Andhra Pradesh Government have directed that instruments executed on or after 1-7-1969 with stamps bearing the effigy of King George V and King George VI should be treated as unstamped.
|
65b9d913ab84c7eca86ea1f0 | acts |
State of Arunachal Pradesh - Act
----------------------------------
Arunachal Pradesh Local Authorities (Prohibition of Defection) Act, 2003
--------------------------------------------------------------------------
ARUNACHAL PRADESH
India
Arunachal Pradesh Local Authorities (Prohibition of Defection) Act, 2003
==========================================================================
Act 3 of 2003
---------------
* Published on 15 May 2006
* Commenced on 15 May 2006
Arunachal Pradesh Local Authorities (Prohibition of Defection) Act, 2003
(Act
No 3 of 2003
)
Last Updated 8th February, 2020
Assented by the Government of AP on 22.03.2003 and published in AP EOG No 197 Vol XII Dated 24-3-2003. [w.e.f 24/03/2003]
An act to prohibit defection by the Members of Zila Parishad, Anchal Samiti and Gram Panchayat from the political parties by which they were set up as candidates and matters connected there with.
Whereas, it is expedient to prohibit defection by the Members of Zila Parihad, Anchal Samitiand Gram Panchayat from the political parties by which they were set up as candidates and matters connected therewith;
Be it enacted by the Arunachal Pradesh State Legislature in the Fifty Fourth Year of the Republic of India as follows:
### 1. Short title and commencement.
- (i) This Act may be called the Arunachal Pradesh Local Authorities (Prohibition of Defection Act, 2003.
(ii) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definition.
- In this Act, Unless the context otherwise requires -
(i) "Zila Parishad" means Zila Parishad established under the Arunachal Pradesh Panchayat Raj Act, 1997;
(ii) "Anchal Samiti" means Anchal Samiti established under the Arunachal Pradesh Panchayat Raj Act, 1997;
(iii) "Gram Panchayat" means Gram Panchayat established under the Arunachal Pradesh Panchayat Raj Act, 1997;
(iv) "Member" means a member of Zila Parishad Anchal Samiti and Gram Panchayat elected under the Arunachal Pradesh Panchayat Raj Act, 1997;
(v) "Political Party" in relation to a member means a political party recognised by the Election Commission of India as National Party or a State Party in the State of Arunachal Pradesh under the Election Symbols (Reservation and Allotment) Order, 1968 and to which he belongs for the purpose of sub-section (1) of Section-3.
### 3. Disqualification on the ground of defection.
(1) Subject to the provisions of Section [.... omitted]
[[Omission of Fig '4' by 2006 Amendment Act. section 2]
], 5 and 6,a member, belonging to any political party, shall be disqualified for being such member:
(a) if he has voluntarily given up his membership of such political party; or
(b) if he votes or abstains from voting in, or intentionally remains absent from any meeting of the Zila Parishad or Anchal Samiti or Gram Panchayat contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf without obtaining the prior permission of such party, person or authority and such voting, abstention o absence has not been condoned by such political party, person or authority within fifteen days from the date of voting or such abstention or absence;
Explanation. - For the purpose of this sub-section, a person elected as a member, shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member;
(2) A person elected as a member, otherwise than as a candidate set up by a political party, shall be disqualified for being a member if he joins any political party after such election.
### 4. [
[Omission of section 4 by 2006 Amendment Act, section 3]
Omitted.]
### 5. Disqualification on the ground of Defection not to apply in case of merger.
(1) A member shall not be disqualified under sub-section (1) of Section 3, where his political party merges with another political party and he claims that he and any other members of his political party,
(a) have become members of such other political party, or as the case may be, of a new political party formed by such merge; or
(b) have not accepted the merger and opted to function as a separate group, and from the time of such merger, such other political party or new political party to which he belongs fro the purpose of sub-section (1) of section 3 and to be his political party for the purposes of this section.
(2) for the purpose of sub-section (1) of this section:
(a) the merger of the political party or a Member shall be deemed to have taken place if, and only if, not less than two thirds of the members of the political party concerned have agreed to such merger;
(b) the expression "such other political party" and "new political party" shall include a political party whether such political party has been recognised or not by the Election Commission of India as a National Party or a State Party in the State of Arunachal Pradesh under the Election Symbols (Reservation and Allotment) Order, 1968.
### 6. Decision on the question as to disqualification on the ground of defection.
(1) A complaint that a member has become subject to the disqualification under section 3 may be made by a member or a political party to the Member Secretary of the concerned local authority: -
(a) in a case falling under clause (a) of sub section (1) after the Member gives up the membership of the political party:
(b) in a case falling under clause (b) of sub section (1), after the expiry of fifteen days specified therein;
(c) in a case falling under sub-section (2) after he joins the political party.
(2) Where a complaint under sub-section (1) is received by Secretary of the concerned local authority, he shall, within twenty-four hours from the receipt of such complaint, refer the same for decision to the [Deputy Commissioner]
[Substitution of word 'State Election Commissioner' by 'Deputy Commissioner' by 2006 Amendment Act. section 4]
who shall decide the question within thirty days after the receipt by him of the reference and his decision shall be shall.
### 7. Bar on jurisdiction of court.
- Notwithstanding anything contained in any law, not Court shall have any jurisdiction in respect of any matter connected with disqualification of a Member under this Act.
### 8. Power to make rules.
- The State Government may, by notification and after previous publication, make rules for carrying out the purpose of this Act.
Explanation. - In this section; -
(1) "Member Secretary" means: -
(a) in case of a Zila Parishad, the Member Secretary of the Zila Parishad;
(b) in case of an Anchal Samiti, the Member Secretary of the Anchal Samiti.
(c) in case of a Gram Panchayat, the Member Secretary of the Gram Panchayat.
(2) "Local Authority" means the Zila Parishad, Anchal Samiti and teh Gram Panchayat.
(3) [ ......Omitted]
[Omission of SL No 3 of the explanations below section 8 by 2006 Amendment Act. section 5]
.
|
65bac5bfab84c7eca86ec7d4 | acts |
State of Jammu-Kashmir - Act
------------------------------
Jammu and Kashmir Panchayati Raj Act, 1989
--------------------------------------------
JAMMU & KASHMIR
India
Jammu and Kashmir Panchayati Raj Act, 1989
============================================
Act 9 of 1989
---------------
* Published on 11 July 1989
* Commenced on 11 July 1989
Jammu and Kashmir Panchayati Raj Act, 1989
(Act
No. 9 of 1989
)
[Dated 11.7.1989]
An act to provide for the Constitution of Halqa Panchayats, Block Development Councils and the District Planning and Development Boards and matters connected therewith.
Whereas it is expedient to promote and develop Panchayati Raj in the State as an instrument of vigorous Local Self Government to secure the effective participation of the people in the decision making process and for over-seeing implementation of developmental programmes.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-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 Jammu and Kashmir Panchayati Raj Act, 1989.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) [ It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint in this behalf.]
[Enforced vide SRO- 220 dated : 30-6-1997 w.e.f. 1-7-1997]
### 2. Definitions.
(1) In this Act, unless the context otherwise requires, -
(a) "Block" means the area comprising such contiguous number of Halqas as may determined by the Government from time to time ;
(b) "Block Development Council" means Block Development Council constituted under section 27 of this Act ;
(c) "Building" includes any shop, house, hut, out-house, shed, stable, superstructure and land appertinent to a building whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever, and includes a wall and a wall but does not include mud-wall built round agricultural land not abutting on the public road ;
(d) "Case" means a criminal proceeding in respect of an offence triable by a Halqa Panchayati Adalat ;
(e) "Chairman" means the Chairman of -
(i) the Panchayati Adalat ;
(ii) the Block Development Council ;
(iii) the District Planning and Development Board ;
(ee) [ "Commission" means the 'State Election Commission' constituted under section 36 of this Act ;]
[Added by Act XV of 2011 (s-2).]
(f) "Constituency" means a ward for which a member is to be or has been elected ;
(g) "District Planning and Development Board" means a District Planning and Development Board constituted under this Act ;
(h) [ "Election Authority" means the 'State Election Commission' constituted under section 36 of this Act;]
[Substituted by Act XV of 2011 (s-2).]
(i) "Electoral Roll" means the rolls as may be prepared in accordance with the provisions of this Act ;
(j) "Halqa" means the area comprising a village or such contiguous number of villages as may be determined by the Government from time to time ;
(jj) [ "Halqa Majli's" means all the voters of "Halqa Panchayat;]
[Substituted and added by Act XXII of 1997 (s-2).]
Provided that the Halqas shall be determined in such a manner that the population of any Halqa does not ordinarily exceed 3,000 in the hilly areas and 4,500 in the plain areas:
Provided further that ordinarily the unit of a village shall not be disturbed :
[Provided also that fresh determination of Halqas shall be undertaken only after the population figures of general census are published :]
[Substituted and added by Act XXII of 1997 (s-2)]
[Provided further that such fresh delimitation of Halqas shall not effect the representation of the existing Punches and Sarpanches.]
[Inserted by Act III of 1999 (s-2).]
(k) "Halqa Panchayat" means a Halqa Panchayat constituted under section 4 of this Act ;
(l) "Naib-Sarpanch" means Naib-Sarpanch of the Halqa Panchayat ;
(m) "Panch" means a member of Halqa Panchayat whether elected or nominated under this Act ;
(n) "Panchayati Adalat" means a Panchayati Adalat constituted under section 47 of this Act for this purpose of trial of suits and cases ;
(o) "Prescribed" means prescribed by rules made under this Act ;
(p) "Prescribed Authority" means such authority as may be appointed by the Government by notification, for all or any of the provisions of this Act ;
(q) "Rules" means the rules made under this Act ;
(r) "Sarpanch" means the Sarpanch of the Halqa Panchayat ;
(s) "Schedule" means the Schedule appended to this Act ;
(t) "Suit" means a civil suit ;
(u) "Vice-Chairman" means the Vice-Chairman of-
(i) the Block Development Council ;
(ii) the District Planning and Development Board.
(v) "Village" means a parcel or parcels of land having a separate name and known limits in the revenue records and not included in the limit of a Municipality, Cantonment or Town Area Committe or Notified Area Committee.
(2) In this Act, the expressions "decree", "decree holder", "Judgement-debtor", "Legal representative" and "movable property" shall have the same meaning as is assigned to them in the Code of Civil Procedure Samvat 1977.
### 3. Act to over-ride other laws.
- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or instrument having effect by virtue of any such law.
[Chapter I-A]
[Inserted by Act No. 20 of 2018, dated 16.10.2018.]
Ward Majlis and Halqa Majlis
### 3A. Ward Majlis (Ward Sabha).
(1) For every ward of the Halqa Panchayat as may be determined in accordance with the provisions of clause (f) of sub-section (1) of section 2, there shall be a Ward Majlis.
(2) All adult persons of the ward whose names are included in the electoral rolls relating to Halqa Panchayat shall be deemed to be constituted as Ward Majlis of such Halqa Panchayat.
(3) The Ward Majlis shall meet at least once in three months. The procedure for convening and conducting the meeting of the Ward Majlis shall be such as may be prescribed :
Provided the Ward Majlis can meet more often for implementing Government programmes.
(4) The meeting of the Ward Majlis shall be presided over by the Panch or in his/her absence by a member of the Ward Majlis, to be elected for the purpose, by the majority of the members present in the meeting.
(5) The quorum of the meeting of the Ward Majlis shall be not less than one-tenth of the total members.
(6) All resolutions in respect of any subject in the meeting held under this section shall be passed by a majority of the members present and voting.
(7) Notwithstanding anything contained in sub-section (1) a special meeting of Ward Majlis shall be convened where atleast ten per cent of the voters of the ward make a request in writing specifying the subject for the meeting :
Provided that no two special meetings shall be held within a period of three months.
### 3B. Functions of the Ward Majlis.
- The functions of the Ward Majlis within its respective jurisdiction shall be to assist the Halqa Majlis and also include the following functions : -
(i) to render assistance to the Halqa Panchayat in collection and compilation of details required for formulation of development plans ;
(ii) to generate proposals and fix priorities for development schemes and programmes to be implemented in the area of the Ward Majlis ;
(iii) to identify beneficiaries in order of priority, for the implementation of development schemes pertaining to the area of Ward Majlis ;
(iv) to render assistance in effective implementation of development schemes ;
(v) to suggest the location of public utilities, amenities and services like street lights, community water taps, public wells, public sanitation units, irrigation facilities etc. ;
(vi) to formulate schemes and impart awareness on matters of public interest like cleanliness, preservation of environment, prevention of pollution, guarding against social evils etc. ;
(vii) to promote harmony and unity among various groups of people ;
(viii) to verify the eligibility of persons getting various kinds of welfare assistance from Government such as pensions and subsidies ;
(ix) to collect information on the detailed estimates of works proposed to be taken in the area ;
(x) to undertake social audit of all works implemented in the area and award completion certificate for such works ;
(xi) to promote literacy, education, health, childcare and nutrition ;
(xii) to assist the activities of parent-teacher associations in the area ; and
(xiii) to exercise such other functions as may be prescribed.
### 3C. Halqa Majlis (Gram Sabha).
(1) There shall be a Halqa Majlis for each Halqa Panchayat consisting of such persons whose names have been included in the electoral rolls relating to the village or the group of villages comprised within the area of the Halqa Panchayat.
(2) The meetings of the Halqa Majlis shall be convened by the Sarpanch of the Panchayat or, in his absence, by the Naib-Sarpanch of such Panchayat. In the event of both, the Sarpanch and the Naib-Sarpanch being absent, a meeting of the Halqa Majlis shall be presided by one of the Panch authorized by the Halqa Majis.
(3) The procedure for convening and conducting the meeting of the Halqa Majlis shall be such as may be prescribed.
(4) There shall be at least two meetings of the Halqa Majlis every year, one in the first and the other in the last quarter of the financial year :
Provided that in case of urgency, the meeting of the Halqa Majlis may be convened earlier in accordance with the procedure as may be prescribed in this behalf.
(5) Secretary Panchayat shall record the minutes of the meeting of Halqa Majlis and shall be responsible for the correct recording of the minutes of the meetings.
(6) The quorum of the meeting of the Halqa Majlis shall be not less than one-tenth of the total members.
(7) Any resolution relating to the matters entrusted to the Halqa Majlis under this section, shall have to be passed by a majority of votes of the members present and voting in the meeting of the Halqa Majlis.
### 3D. Functions of the Halqa Majlis.
- The functions of the Halqa Majlis within its respective jurisdiction shall be to assist the Halqa Panchayat and also include the following functions : -
(i) to approve the plans, programmes and projects for social and economic development in order of priority, out of the plans, programmes and projects approved by the Ward Majlis before such plans, programmes and projects are taken up for implementation by the Panchayat ;
(ii) to identify or select persons as beneficiaries under poverty alleviation and other programmes, in order of priority out of the persons identified by the various Ward Majlis coming under its jurisdiction ;
(iii) to conduct social audit as per prescribed procedure in respect of funds utilized under different schemes in wards ;
(iv) To mobilize voluntary labour and contribution in kind or cash or both for the community welfare programmes ;
(v) to promote literacy, education, health and nutrition ;
(vi) to promote unity and harmony among all sections of the society in such area ;
(vii) to seek clarifications from the Sarpanch and members of the Panchayat about any particular activity, scheme, income and expenditure ;
(viii) to identify and approve development works in order of priority from out of the works recommended by the Ward Majlis ;
(ix) to plan and manage minor water bodies ;
(x) to manage minor forest produce ;
(xi) to exercise control over institutions and functionaries in all social sectors ;
(xii) to exercise control over local plans and resources for such plans including tribal sub-plan ;
(xiii) to consider and approve the recommendations made by each Ward Majlis in the area of such Panchayat Halqa ; and
(xiv) such other functions as may be prescribed.
Chapter II
Halqa Panchayat
-------------------------------
### 4. Establishment and constitution of Halqa Panchayat.
(1) there shall be a Halqa Panchayat for every halqa.
(2) Every Halqa Panchayat shall bear the name of the place where it is headquartered.
(2-a) Every Halqa Panchayat shall have Halqa Majli's comprising all the persons whose names are included in the electoral roll for such Halqa Panchayat.
(2-b) The Sarpanch shall convene at least two meetings of Halqa Majli's during a financial year.
(3) Every Halqa Panchayat shall consist of such number of Panches not less than seven and not more than eleven [excluding the Sarpanch]
[Substituted 'including the Sarpanch' by Act No. 5 of 2018, dated 8.8.2018.]
, as the prescribed authority may, from time to time, fix in this behalf :
Provided that the Panch seats shall be reserved for -
[(a) the Scheduled Castes ; and
(b) the Scheduled Tribes
in every Halqa Panchayat and the number of Panch seats so reserved shall bear, as nearly as may be, the same proporation to the [total number of panch seats to be filled by direct election in that panchayat]
[Substituted by Act II of 2004.]
as the population of Scheduled Castes in that Panchayat area or of the Scheduled Tribe in that Panchayat area bears to the total population in that area and such Panch seats may be alloted by rotation to different constituencies in a Halqa Panchayat in such manner and by such authority as may be prescribed :
Provided further that -
(a) not less than one-third of the total number of Punch seats reserved under above provsio shall be reserved for women belonging to the Scheduled Castes or, as the case may be the Scheduled Tribes.
(b) not less than one-third (including the number of Panch seats reserved for women belonging to Scheduled Castes and the Schduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different consituencies in a Panchayat by such authority and in such manner as may be prescribed :
Provided also that such reservation shall not affect representation in the existing Halqa Panchayats and shall become effective for purpose of holding the general election to the Halqa Panchayats after the commencement of Jammu and Kashmir Panchayati Raj (Second Amendment) Act, 2003.]
[(3-A) The Sarpanch shall be elected directly by the electorate of Halqa Panchayat in such manner as may be prescribed.]
[Inserted by Act No. 4 of 2018, dated 17.7.2018.]
[\*\*\*]
[Omitted '(4) The Sarpanch shall convene at lease two meetings of Halqa Majlis during a Financial year;' by Act No. 13 of 2016, dated 18.12.2016.]
(4) []
[Renumbered '(5) ' by Act No. 13 of 2016, dated 18.12.2016.]
[The Naib-Sarpanch]
[Substituted 'the sarpanch and Naib-Sarpanch' by Act No. 4 of 2018, dated 17.7.2018.]
shall be elected by the Panches of the Halqa Panchayat from among themselves at the first notified meeting of the Halqa Panchayat after its constitution.
(5) []
[Renumbered '(6) ' by Act No. 13 of 2016, dated 18.12.2016.]
The Panches shall be elected from the constituncies delimited by the prescribed authority in accordance with the rules.
(6) []
[Renumbered '(7) ' by Act No. 13 of 2016, dated 18.12.2016.]
There shall be notified the name of the Sarpanch and the names of the Panches duly elected in accordance with the provisions of this Act and rules framed thereunder. Upon the issue of such notification, the Halqa Panchayat shall be deemed to be duly constituted.
[[(7) ]
[Substituted by Act IV of 2000 (S-3).]
The Village Level Worker or Multipurpose worker or Gramsevika shall be the Secretary of the Halqa Panchayat.]
(8) []
[Renumbered '(9) ' by Act No. 13 of 2016, dated 18.12.2016.]
Every Halqa Panchayat shall be a body corporate known by the name "The Halqa Panchayat of \_\_\_\_\_\_\_"and shall have perpetual succession and a common seal and may sue and be sued by its corporate name subject to such conditions or restrictions as the Government may specify, in the rules.
### 5. Term of office.
- The Sarpanch, the Naib-Sarpanch and every panch of the Halqa Panchayat shall hold the office for a period of five years from the date of its constitution.
### 6. Disqualifications for membership.
(1) A person shall be disqualified to be a member of Halqa Panchayat, if he -
(a) is not a permannent resident of the State ; or
(b) is in the employment of the Government or any local body ; or
(c) is under twenty-five years of age ;or
(d) is of unsound mind and stands so declared by a competent court ; or
(e) has been adjudged insolvent by a competent court ; or
(f) is a salaried servant of a Halqa Panchayat ;
(g) is a Lamberdar or Village Chowkidar ; or
(h) has been dismissed from the service of the Government, a local body or Halqa Panchayat ;
(i) has been convicted of and sentenced for an offence (other than an offence of a political nature) punishable with imprisonment for not less than two years, unless a period of three years,or such less period as the Government may allow in any particular case, has elapsed since his release ; provided that this clause shall not apply to an offender who has been released under the provisions of section 562 of the Code of Criminal Procedure, Samvat 1989 or under the Jammu and Kashmir Probation of Offenders Act, 1966.
(2) Subject to the provisions of sub- section (1), no person shall be qualified to be chosen as a member of Halqa Panchayat unless his name is included in the electoral roll of such Halqa Panchayat :
Provided that any person aggrieved by an order under this section shall have a right of appeal to such authority as may be prescribed.
(3) [ A person who becomes a member of a Halqa Panchayat on the basis of a false Scheduled Caste or Scheduled tribe certificate, shall be disquailified from the date on which it is found that he had become such member or office bearer on the basis of such false caste certificate and shall continue to be disqualified for further period of six years.]
[Added by Act X of 2006 (s-2).]
### 7. Removal of Sarpanch and Naib-Sarpanch of Halqa Panchayat.
- A Sarpanch or a Naib Sarpanch shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of not less than 2/3rd of the total number of the panches of Halqa Panchayat at a meeting specifically convened for the purpose in the prescribed manner on the following gounds : -
(i) Gross misconduct ;
(ii) Neglect of duty ;
(iii) any disqualification prescribed under section (6) ;
(iv) Failure to attend [three consecutive meetings]
[Substituted 'six consecutive meetings' by Act No. 20 of 2018, dated 16.10.2018.]
of the Halqa Panchayat :
Provided that failure to attend the meetings of the Halqa Panchayat shall not render him liable to removal if such failure is due to reasons beyond his control.
### 8. Filling vacancies in Halqa panchayat.
(1) Whenever a vacancy occurs by the death or resignation of panch or Sarpanch, the vacancy shall be filled by election or nomination as the case may be :
Provided that the vacancy is for a period of more than six months.
(2) No vacancy in the Halqa panchayat shall render its proceedings illegal so long as the number of panches is not reduced below [50% of the total number of elected members]
[Substituted '50% of the total number of members' by Act No. 31 of 2018, dated 4.12.2018.]
of such Halqa Panchayat.
### 8A. [ \*\*\*]
[Omitted by Act No. 20 of 2018, dated 16.10.2018.]
### 9. [ Appointment of Administrator.
[Substituted by Act No. 20 of 2018, dated 16.10.2018.]
(1) (a)
If the Government is satisfied that a Halqa Panchayat for a village or a group of villages immediately after the establishment of such Halqa Panchayat cannot be constituted by reason of, -
(i) any difficulty in holding the election of the members of the Halqa Panchayat ; or
(ii) failure to elect such members at two successive elections held under the provisions of this Act ; or
(iii) any other sufficient reason whatsoever or,
(b) If at any general election to a Halqa Panchayat no member is elected [\*\*\*];
the Government shall by notification appoint an administrator, who is an employee of the Government.
(2) If in the opinion of the Government, or any other officer authorized by it, but not below the rank of Additional District Magistrate, a Halqa Panchayat is incompetent to perform or persistently makes default in the performance of duties imposed on it by or under any of the provisions of this Act, or otherwise through Government instructions, the Government or such officer after the approval of the Government may, by notification, based on the recommendations of the Ombudsman, supersede such Halqa Panchayat and appoint an Administrator, who is a employee of the Government for carrying out the work of Halqa Panchayat :
Provided that no order under this sub-section shall be passed unless Halqa Panchayat is called upon to show cause why such order shall not be passed :
Provided further that explanation tendered by the Halqa Panchayat shall be forwarded to the Ombudsman appointed under the Jammu and Kashmir Ombudsman for Panchayats Act, 2014 for consideration and recommendation to the Government or officer authorized by it.
(3) The period of supersession shall not exceed six months during which the elections for the said Halqa Panchayat shall be held.
(4) The Administrator appointed under this section shall hold office for such period not exceeding six months as the Government or officer authorized by it, may specify in the notification under sub-section (1) or sub-section (2).
(5) On the appointment of an Administrator under this section : -
(i) the persons, if any, chosen as members of Halqa Panchayat, including Sarpanch before such appointment shall cease to be members of Halqa Panchayat and all the powers and duties of the Halqa Panchayat including Sapranches shall be exercised and performed by such Administrator ;
(ii) the funds and other property vested in the Halqa Panchayat shall, during the period of supersession, vest in the Administrator appointed under this section.
(6) The Administrator shall be deemed to be duly constituted Halqa Panchayat for the purposes of this Act, notwithstanding anything contained in the foregoing provisions.]
### 10. [ Remuneration to Sarpanch and Panches.
[Substituted by Act No. 20 of 2018, dated 16.10.2018.]
- Every Sarpanch and Panch shall be entitled to such monthly honorarium as may be specified by the Government.]
### 11. Resignation.
- A Sarpanch, Naib-Sarpanch a Panch of Halqa Panchayat may, by writing under his hand, addressed to such authority as may be prescribed, resign his office and his office shall thereupon become vacant.
Chapter III
Powers and Functions
-------------------------------------
### 12. [ Powers and functions of Halqa Panchayat.
[Substituted by Act No. 20 of 2018, dated 16.10.2018.]
(1) The Halqa Panchayat shall perform the functions specified in Schedule I-A :
Provided that where the Government provides funds for the performance of any function specified in Schedule I-A, the Halqa Panchayat shall perform such function in accordance with the guidelines or norms laid down for performing such function.
(2) Notwithstanding anything contained in sub-section (1) and Schedule I -A subject to the provisions of this Act, it shall be the duty of each Halqa Panchayat to make provision for the following subject to, the availability of funds at its disposal -
(i) to prepare the plans for the development of the Halqa in consultation with Halqa Majlis and their timely submission to Block Development Council for consolidation ;
(ii) to undertake measures for the implementation of the development plans ;
(iii) to specifically deal with the problems of soil conversation, water management, social forestry, rural industrialization, agriculture, sheep and animal husbandry, sanitation, health and other welfare programmes ;
(iv) regulation of buildings, shops and entertainment houses and checking of offensive or dangerous trades ;
(v) construction and maintenance of slaughter houses, regulation of sale and preservation of meat and processing of skins and hides ;
(vi) regulation of sale and preservation of fish, vegetables and other perishable articles and food ;
(vii) regulation of fairs and festivals ;
(viii) preparation and implementation of special development plans for alleviating poverty and employment generation as may be notified by Government from time to time ; and
(ix) all matters involving regulation, supervision, maintenance and support, incidental to, or necessary for the more efficient discharge of the above functions and those which may be entrusted to Halqa Panchayat under the provisions of the Act.
(3) The Halqa Panchayat shall also conduct concurrent and quarterly social audit of all works/schemes/projects being implemented in the Panchayat area as per procedure to be notified by the Government.
(4) The Halqa Panchayat shall also perform such other functions and duties as may be assigned or entrusted to it by the Government, the District Planning and Development Board and the Block Development Council within the area in which Halqa Panchayat is constituted.]
Chapter IV
Property
------------------------
### 13. Property of Halqa Panchayat.
(1) The following shall consititute the property of Halqa Panchayat : -
(i) public village road, within the Halqa Panchayat area other than those under the control of any Department of the Government ;
(ii) property movable and immovable which has been transferred to a Halqa Panchayat by the Government, any public body or an individual ;
(iii) buildings, slaughter houses, manure and night soil, dumping sites, structures and water reservoir built by a Halqa Panchayat from its own funds or from contribution by Government, any public body or an individual ;
(iv) rubbish, sewage, filth, bones, village cleaning, dead bodies of animals and other matters collected by the Halqa Panchayat under this Act ;
(v) trees and grass growing on property belonging to the Halqa Panchayat, fruit and other produce thereof and windfalls thereon ;
(vi) drains, tanks, ponds, wells, springs, streams, khuls, ghats, nullahs and quarries in the Halqa Panchayat area which do not belong to any person or a group of persons or to the Government and declared to be such property by a resolution of the Halqa Panchayat ;
(vii) all public lamps or lamp posts and apparatus connected therewith or appertaining thereto ;
(viii) any property which a Halqa Panchayat may acquire.
(2) The Halqa panchayat shall have power to acquire, hold and dispose of the property and enter into any contract in accordance with the laws and rules in force.
### 14. Halqa Panchayat Fund.
(1) Every Halqa Panchayat shall have a fund to be called "Halqa Panchayat Fund" which shall comprise the following :-
(i) taxes, fee levied by panchayat.
(ii) Proceeds from the property and enterprises run by Halqa Panchayat.
(iii) court fees, fines and compensation paid to Halqa Panchayat.
(iv) donations and contributions paid by public for works undertaken by Halqa Panchayat.
(v) proceeds of the sanitiation cess collected by the Government on revenue being loaned within Halqa Panchayat area.
(vi) grants from the Government for general purposes on per capita basis and also for specific functions.
(vii) loans from Government or other agencies approved by the Government or other financial institutions.
(viii) all other incomes of Halqa panchayat and such grants as may be assigned to the Halqa Panchayat by the Government, keeping in view the topography and backwardness of the areas.
(2) [ The Halqa Panchayat shall have power to operate the funds, grants etc. specified in Schedule I-C in the manner prescribed.]
[Inserted by Act No. 20 of 2018, dated 16.10.2018.]
### 15. [ Imposition of fee by the Halqa Panchayat.
[Substituted by Act No. 20 of 2018, dated 16.10.2018.]
(1) Every Halqa Panchayat shall in such a manner and in accordance with such rules as may be notified by the Government, impose a fee on commercial buildings subject to such exemptions as may be prescribed :
Provided that where an owner of the building has left the Panchayat area or cannot otherwise be found, the occupier of such building shall be liable for the fee leviable on such owner.
(2) A Halqa Panchayat may also levy fee on all or any of the following items at such rates as may be determined by the Halqa Panchayat and subject to such exemptions as may be notified by the Government from time to time, namely : -
(a) Fee on entertainment ;
(b) Fee on advertisements and hoardings ;
(c) Fee on commercial tractors kept in area of the Halqa Panchayat ;
(d) Fee on business and professions within the jurisdiction of Halqa Panchayat like on rice husking mills, saw mills, Flour mill/rice mills, Gharats, Brick Kilns, Oil Mills, Slaughter houses, Petrol Pumps, Private hospitals/labs/diagnostic-centre, Soda/ice/ ice-cream factory, Spice grinding mills, Motor Vehicle/Tractor dealers, Liquor Shops, Hot wet mix plant/Stone crushers, Poultry/ Dairy Farms/Horse Traders, small scale industrial units, Mobile towers, power plants printing presses, Kerosene Oil/Ration dealers etc.
(e) Fee on contractors for executing such works allotted to them by the Government within the jurisdiction of Halqa Panchayat ;
(f) Fee on travel agents/transport agencies ;
(g) Fee for organizing Melas, festivals etc. where necessary arrangement for the water supply, health and sanitation are to be made by the Halqa Panchayat or where such Melas or festivals are held on Panchayat lands ;
(h) Fee on registration of shops/other commercial establishments in the jurisdiction of Halqa Panchayat ;
(i) Fee on Buses, other passenger vehicles and commercial vehicles on account of haltage within the jurisdiction of Halqa Panchayat for providing adequate facilities for the travelers by the Gram Panchayat ;
(j) Fee on cattle pounds ;
(k) Fee on road cutting for laying optical fiber cable ;
(l) Royalty for extraction of minor minerals from local nallahs not falling under the ambit of Geology and Mining Department and not exempted from royalty under any specific provision of law ;
(m) Penalty for use of plastic or polythene and for open defecation ;
(n) Sanitation cess ;
(o) Such other fee as may be approved by the Government :
Provided that the Government may at any time after giving an opportunity to the Halqa Panchayat cancel or modify or alter rate of any fee imposed under this section]
### 15A. [ Revision of Fee and Rates.
[Inserted by Act No. 20 of 2018, dated 16.10.2018.]
- The Halqa Panchayat may revise the fees and rates leviable under section 15, at the most once, in a two year period.]
### 16. Power of entry for the purpose of valuation of taxation.
- The [Halqa Panchayat]
[Substituted 'Sarpanch' by Act No. 20 of 2018, dated 16.10.2018.]
may authorise any person after giving twenty-four hours notice to the occupier, or if there be no occupiers, to the owner of any building or land at any time between sunrise and sunset, -
(i) to enter, inspect and measure any building for the purpose of valuation ;
(ii) to enter and inspect any stable, coach house or other place wherein there is any vehicle, vessel or animal liable to taxation under this Act, or for which a licence has not been duly taken out :
Provided that where any authorised person is not allowed to carry out the valuation, the valuation may be done ex parte.
### 17. Appeal against levy of tax or fee.
(1) An appeal against the levy of a tax or fee by the Halqa Panchayat shall lie to the prescribed authority.
(2) Where it is brought to the notice of the prescribed authority that a tax, rate of fee has not been imposed on any person on whom it should have been imposed, it may after hearing him, direct the Halqa Panchayat to impose it on that person or persons and the Halqa Panchayat shall thereupon act accordingly.
### 18. Recovery of dues as arrears of land revenue.
- Subject to such rules as may be made by the Government in this behalf,all the taxes of fees levied under this Act by the Halqa Panchayat and the moneys recoverable shall recovered as arrears of land revenue.
### 19. Revision of taxation orders.
- Any person dissatisfied with the assessment under this Act, may within such time as may be prescribed, apply to the prescribed authority in writing for a revision of the assessment and the prescribed authority may amend or confirm the same.
[Provided that no such revision shall be made unless an opportunity of being heard is provided to the Halqa Panchayat which has made assessment under this Act.]
[Added by Act No. 20 of 2018, dated 16.10.2018.]
### 20. Audit of Panchayat Funds.
- The prescribed authority shall get the accounts of every Halqa Panchayat audited every year in the manner prescribed.
### 21. Annual Budget.
(1) Every Halqa Panchayat shall prepare and lay for sanction before the [Halqa Majlis]
[Substituted vide Act III of 1999 dated : 16-4-1999]
the budget estimates of income and expenditure for the year commencing on 1st day of April, of Halqa Panchayat incorporating therein future developmental programmes and plans for the relevent year.
(2) Copy of the budget estimates of income and expenditure and the annual report of the working of the Halqa Panchayat stating their future developmental programmes and plans for the next year shall be forwarded to the prescribed authority for record within three days after its sanction under sub-section (1).
(3) If any Halqa Panchayat fail to present its budget or annual report in the meeting, the prescribed authority shall prepare the budget and the annual report of such Halqa Panchayat and present the same before an extraordinary general meeting of Halqa Majlis specially called for this purpose and the Halqa Majlis shall consider the budget and the annual report so prepared and presented, and draw up developmental plans for the Halqa Panchayat area.
(4) Approved budget for the Halqa Panchayat shall be duly publicised.
(5) "The record of the Halqa Panchayat pertaining to the funds and development activities shall be open for examination of the voters of Halqa Panchayat concerned."
### 22. Exemption from tax.
- Subject to any rules made in this behalf, the Government may, by order, exempt in whole or in part from the payment of any tax imposed under this Act, any person or class of persons or property or description of property.
### 23. Levy of fees on market etc.
- It shall be lawful for a Halqa Panchayat to lease by public auction or private contract the collection of any fees which may be imposed under this Act, provided that the lessee shall give security for the due fulfilment of the conditions of the lease.
Chapter V
Conduct of Business
----------------------------------
### 24. Meetings of the Halqa Panchayat.
(1) Every Halqa Panchayat shall hold its meeting atleast once in a month.
(2) The Meetings shall be convened by Sarpanch and in his absence Naib-Sarpanch :
Provided the first meeting after the constitution of Halqa Panchayat shall be convened by the prescribed authority, after notifying the date therefor.
(3) The procedure for the conduct of business and maintenance of records, shall be such as may be prescribed.
### 25. Functions of Sarpanch and Naib-Sarpanch.
(1) The Sarpanch shall preside over the meeting of the Halqa Panchayat and shall be responsible for maintenance of the records of the Halqa Panchayat.
(2) The Sarpanch shall be generally responsible for the financial and executive administration of the Halqa Panchayat and shall exercise administrative supervision and control in accordance with the rules framed in this behalf over the staff of the Halqa Panchayat.
(3) In the absence of the Sarpanch, the Naib-Sarpanch shall preside over the meeting of the Halqa Panchayat and discharge the functions of the Sarpanch with regard to the financial and administrative matters.
### 26. Staff.
(1) Subject to such rules as may be made in this behalf, a Halqa Panchayat may employ such staff as in necessary, for carrying out the duties imposed on it by this Act and may suspend, dismiss or otherwise punish such servants.
(2) A Halqa Panchayat shall pay the remuneration to such servant out of the Halqa Panchayat Fund.
(3) [ The Government shall also provide the staff to the Halqa Panchayat as specified in Schedule I-B for carrying out the purposes of this Act.]
[Inserted by Act No. 20 of 2018, dated 16.10.2018.]
Chapter VI
Block Development Council
-----------------------------------------
### 27. Constitution of Block Development Council.
(1) For every Block in the State, Government shall, by notification, constitute a Block Development Council bearing the name of the Block.
(2) Every Block Development Council shall be a body corporate, having perpetual succession and a common seal and shall, by its corporate name, sue and be sued, subject to such conditions or restriction as the Government may prescribe.
(3) The Block Development Council shall consist of, -
(i) a Chairman ;
(ii) all Sarpanches of Halqa Panchayats falling within the Block ; and
(iii) Chairman, Marketing Society within the jurisdication of the Block :
Provided that the prescribed authority may, if it is of opinion that Woman or Scheduled Castes or any other class are not represented in the Block Development Council, nominate not more than two persons to be members thereof :
[Provided further that in the case of Districts of Leh and Kargil the Councilors of any Council Constituted under the section 3 of the Ladakh Autonomous Hill Development Council Act, 1997 representing the area falling in any block shall be ex-officio members of Block Development Council for such block.]
[Added by Act VII of 2003 (S-2).]
### 28. Chairman, Vice-Chairman and Secretary.
(1) Every Block Development Council shall have a Chairman who shall be a person qualified to be elected as a Panch and shall be elected in accordance with the provisions contained in section 41 :
Provided that if any of the Panches or Sarpanches is elected as the Chairman of Block Development Council, he shall after being declared elected, vacate his office as Panch or Sarpanch as the case may be.
(2) Every Block Development Council shall have a Vice-Chairman who shall be elected by the members of the Block Development Council from amongst themselves.
(3) The Block Development Officer shall be the Secretary of the Block Development Council.
### 29. Term of Office.
(1) The term of office of the Chairman of the Block Development Council shall be five years from the date he is declared elected as such by the Election Authority.
(2) The term of office of the Vice-Chairman and other members of the Block Development Council shall be co-extensive with the term of their office as Sarpanch of the concerned Halqa Panchayat.
### 30. Removal of Chairman.
- The Chairman of the Block Development Council shall be deemed to have vacated his office if a motion of no-confidence moved against him by any member on any of the following grounds, is carried by a majority of not less than two-third of the total number of [Sarpanches]
[Substituted 'Panches and Sarpanches' by Act No. 20 of 2018, dated 16.10.2018.]
of Halqa Panchayats of the Block at special meeting convened for the purpose in such manner as may be prescribed.
The grounds aforesaid are : -
(i) gross misconduct
(ii) neglect of duty
(iii) disqualification prescribed under section 6.
Chapter VII
Powers and Functions
-------------------------------------
### 31. [ Powers and functions of Block Development Council.
[Substituted by Act No. 20 of 2018, dated 16.10.2018.]
(1) The Block Development Council shall perform functions specified in Schedule II-A :
Provided that where the Government provides funds for the performance of any function specified in Schedule II-A, the Block Development Council shall perform such function in accordance with guidelines or norms laid down for performing such function.
(2) Notwithstanding anything contained in sub-section (1) and Schedule II-A, and subject to the provisions of this Act, it shall be the duty of each Block Development Council to perform the following functions : -
(i) compilation of all Panchayat level plans and their timely submission to District Planning and Development Board for integration with District Plan ;
(ii) preparation of all Block Level Plans and timely submission of the same to the District Planning and Development Board for integration with District Plan ;
(iii) construction, maintenance and supervision of Inter-Halqa Panchayat Communication System ;
(iv) administrative and technical guidance to Halqa Panchayats and review of their work ;
(v) to supervise plans relating to agriculture, rural development, animal husbandry/sheep husbandry, social forestry, education and public health ;
(vi) monitor such programs as may be notified by the Government from time to time, including MGNREGA, National Rural Livelihood Mission, Prime Minister Awas Yojna, Integrated Watershed Management Programme, Mid-day Meal Scheme and Integrated Child Development Services ;
(vii) undertake measures for effective supervision and monitoring of various developmental programmes ; and
(viii) to carry out such other functions as may be entrusted to it by the Government or by the District Planning and Development Board.
(3) In order to carrying out the functions under this section, the Government shall provide the staff as specified in Schedule II-B to the Block Development Council.]
### 32. Powers and functions of the Chairman and the Vice-Chairman.
(1) The Chairman and in his absence the Vice-Chairman, shall preside over the meeting of the Block Development Council
(2) The Chairman and in his absence the Vice-Chairman shall exercise general control and supervision over the staff and affairs of the Block Development Council.
### 33. Renumeration to chairman and members.
(1) The members of the Block Development Council shall be entitled to such sitting fee, as may be prescribed, from time to time.
(2) The Chairman of the Block Development Council shall be paid such honorarium as may be prescribed, from time to time.
Chapter VIII
Property and Finance
--------------------------------------
### 34. Property and finances of the Block Development Council.
(1) Block Development Council shall have the powers to acquire, hold or dispose of property and enter into a contract in accordance with the rules in force.
(2) For every Block Development Council, there shall be constituted a "Block Development Council Fund" comprising grants made by the Government having due regard to the number of Panchayat Halqas in a Block and the revenues assigned by the District Planning and Development Board.
(3) [ The Block Development Council shall have power to operate funds, grants etc., specified in Schedule II-C in the manner prescribed.]
[Added by Act No. 20 of 2018, dated 16.10.2018.]
Chapter IX
Procedure For Conduct of Business
-------------------------------------------------
### 35. Meetings.
(1) Every Block Development Council shall hold its meeting once in a month. The meeting shall be convened by the Chairman, and in his absence by the Vice-Chairman : provided the first meeting of the Block Development Council after its constitution shall be convened by the prescribed authority after notifying the date therefor.
(2) The procedure for conduct of business and maintenance of records of the Block Development Council shall be such as may be prescribed.
Chapter X
Holding of Election
----------------------------------
### 36. [ State Election Commission.
[Substituted by Act XV of 2011 (S-3).]
(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections under this Act shall vest in an Election Authority to be known as the State Election Commission :
[Provided further that for purposes of holding general elections under the Act in the year 2016, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections under this Act shall continue to vest in the Chief Electoral Officer of the State as heretofore.]
[Provided further that for purposes of holding general elections under this Act upto December, 2020, the superintendence, direction and control of the preparation of electoral rolls and conduct of, all elections in accordance with this Act shall vest in the Chief Electoral Officer.]
[Substituted by Act No. 14 of 2018, dated 27.9.2018.]
(2) Notwithstanding anything contrary contained in this Act or any other law for the time being in force in the State, the government may, by a notification in the Government Gazette, vest the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, election under any other law for the time being in force in the State in the Commission.
(3) The Commission shall consist of a State Election Commissioner, to be appointed by the Governor on the recommendation of a committee consisting of the -
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(i) Chief Minister
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Chairman
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(ii) A Senior Minister to be nominated by the
Chief Minister
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Member
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(iii) Speaker of Legislative Assembly
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Member
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(iv) Minister Incharge Panchayats
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Member
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(v) Leader of opposition in Legislative Assembly
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Member
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Explanation. - For purposes of this sub-section, the 'Leader of Opposition in Legislative Assembly' shall, when no such leader has been so recognized, include the Leader of the single largest group or party in Opposition to the Government in the Legislative Assembly.
(4) A person shall not be qualified for being appointed as State Election Commissioner unless he is holding or has held a post in the Indian Administrative Service or a post in any civil service of the Union or the State not below the rank of Commissioner/Secretary to Government having knowledge and experience in matters relating to conduct of elections :
Provided that if the person so appointed is in-service at the time of his appointment, he shall be deemed to have retired on superannuation from the date of assumption of office as State Election Commissioner and shall be entitled to receive pension and other post retirement benefits in respect of that service.
(5) The State Election Commissioner shall, before entering upon his office, make and subscribe before the Governor or any person nominated in this behalf by him, an oath or affirmation in the following manner : -
I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_ having been appointed as the State Election Commissioner, do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India and Constitution of Jammu and Kashmir as by law established ; that I will duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour, affection or ill will.
### 36A. Term of office and other conditions of service of State Election Commissioner.
(1) The State Election Commissioner shall hold office as such for a term of five years from the date on which he enters upon his office or until he attains the age of sixty five years, whichever is earlier :
Provided that he may -
(a) by writing under his hand addressed to the Governor resign his office ; or
(b) be removed from his office in the manner provided in section 36 B.
(2) On ceasing to hold office, the State Election Commissioner shall be ineligible for, reappointment to that office or, any other assignment or appointment to any office under the Government of India, or under the Government of any State.
(3) The Salary, allowance and other conditions of the State Election Commissioner shall be such as may be prescribed from time to time :
Provided that if the State Election Commissioner is at the time of his appointment eligible for, or in receipt of, a person in respect of any previous service, his salary in respect of service as State Election Commissioner shall be reduced, -
(a) by the amount of that pension ; and
(b) if he has before such appointment received in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that amount of pension.
### 36B. Removal of the State Election Commissioner.
(1) Subject to the provisions of sub-section (3), the State Election Commissioner shall not be removed from his office except by an order made by the Governor on the ground of proven misbehaviour or incapacity after an enquiry conducted by a sitting or a retired judge of the High Court, on a reference made to him by the Governor.
(2) The Government may suspend from office, and if necessary prohibit also from attending the office during inquiry, the State Election Commissioner in respect of whom a reference has been made to the Inquiry Officer under sub-section (1) until the Governor has passed orders on receipt of the report of the Inquiry Officer on such reference.
(3) Notwithstanding, anything in sub-section (1), the Governor may be order remove from office the State election Commissioner, if he : -
(a) is adjudged as insolvent ; or
(b) engages during the term of his office in any paid employment outside the duties office ; or
(c) is unfit to continue in his office by reason of infirmity of mind or body ; or
(d) is convicted and sentenced to imprisonment for an offence which involves moral turpitude.
### 36C. Officers and Staff of State Election Commissioner.
(1) The Government shall make available to the Commission, -
(a) an officer not below the rank of Additional Secretary to Government who shall be the Secretary to the Commission ;
(b) Such other officers or employees, as may be required by the Commission from time to time :
Provided that the Government may designate any officer of the Commission as Deputy Election Commissioner.
(2) The officers and employees of the Commission shall continue to be governed by the rules and regulations as were applicable to them in their parent services.
(3) The State Election Commission shall, in consultation with the Government, designate or nominate such of the officers and employees of the Government as various authorities for purposes of preparation and revision of electoral rolls and conduct of elections under this Act, as it may deem fit.
### 36D. Powers of the State Election Commissioner.
(1) The State Election Commission shall be deemed to be a Civil Court under the Code of Civil Procedure, Samvat 1977 and a proceeding before the Commission shall be deemed to be a judicial proceeding.
(2) The Commission shall have the power to -
(a) require any person including an officer or an employee of the Government, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on any matter which, in the opinion of the Commission, may be useful for, or relevant to, the subject of enquiry ;
(b) give such directions to the officers and employees of the Government or the Panchayati Raj Institutions or any other statutory body or society as it considers necessary to ensure smooth and efficient conduct of elections under this Act ;
(c) delegate any of its powers to such officers and employees of the Government as it may deem necessary ;
[Provided that for the purposes of holding general elections under this Act upto December 2020, the power to determine and delimit halqa panchayats in accordance with this Act shall vest in the Chief Electoral Officer.]
[Inserted by Act No. 14 of 2018, dated 27.9.2018.]
(d) regulate its own procedure including the fixing of time and place of its sittings ; and
(e) exercise such other powers as may be prescribed by the Government from time to time.]
### 37. There shall be no bar on holding of election on party lines.
### 38. Electoral Roll.
- For every Halqa Panchayat there shall be an electoral roll, which shall be prepared by Election Authority in accordance with the provisions of this Act.
### 39. Disqualification for registration in an electoral roll.
- A person shall be disqualified for registration in an electoral roll if he, -
(i) is not a permanent resident of the State ;
(ii) is of unsound mind and stands so declared by a competent court ;
(iii) has not attained age of 18 years.
### 40. [ Election of Sarpanches of Halqa Panchayats.
[Inserted by Act No. 4 of 2018, dated 17.7.2018.]
- Sarpanches of Halqa Panchayats shall be elected by electorate of the Halqa Panchayat.]
### 41. Election of the Chairman of Block Development Council.
- The Chairman of Block Development Council shall be elected by the electoral college comprising [........]
[Substituted by Act II of 2004 (s-3) w.e.f. 07-01- 2004 ]
Panches and Sarpanches of Halqa Panchayats falling within the Block. The election shall be held in such manner as may be prescribed.
### 42. Holding of election.
(1) The elections to the Halqa Panchayat shall be held one month prior to the expiry of term or within six months from the date of supersession, as the case may be.
(2) The election of the Chairman of the Block Development Council shall be held one month prior to the expiry of the term.
### 42A. Nomination of Candidates for Election.
(1) Any person may nominate himself as a candidate for election of [Panch or Sarpanch]
[Substituted 'Panch' by Act No. 4 of 2018, dated 17.7.2018.]
of a Halqa Panchayat if his name is included in the elelctoral roll of such Halqa Panchayat.
(2) On or before the date appointed for submission of nomination papers by the Election Authority, every candidate for election of [Panch or Sarpanch]
[Substituted 'Panch' by Act No. 4 of 2018, dated 17.7.2018.]
of a Halqa Panchayat or Chairman, Block Development Council shall deliver or cause to be delivered through his agent to the Returning Officer a nomination paper completed in the prescribed form and signed by the candidate.
(3) A candidate shall not be deemed to be duly nominated for election from a Panchayat Constituency or Block Development Council unless he deposits or causes to be deposited such amount of security, as may be prescribed, for election of Panch, Sarpanch or Chairman Block Development Council as the case may be :
Provided that in the case of Scheduled Caste/Scheduled tribe or women candidates, the amount of security deposit shall be 50% of the deposit so prescribed.
### 42B. Forfeiture of Security Deposit.
- The Security deposit of a candidate shall be liable to be forfeited if he polls less than 1/6th of the total valid votes polled."
### 43. Disputes regarding elections.
- The election of a person [as Sarpanch, Panch]
[Substituted 'as Panch' by Act No. 4 of 2018, dated 17.7.2018.]
of Halqa Panchayat or as a Chairman of the Block Development Council shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the grounds that : -
(a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election ; or
(b) that the result of the election has been materially affected. -
(i) by the improper acceptance or rejection of any nomination ; or
(ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder.
### 44. Jurisdication of Civil Courts in election matters barred.
- No civil court shall have jurisdication to question the legality of an action taken or any decision given by an officer or authority appointed under this Act in connection with the conduct of elections thereunder.
Chapter XI
District Planning and Development Board
-------------------------------------------------------
### 45. Constitution of District Planning and Development Board.
(1) Each District shall have a District Planning and Development Board to be constituted by the Government by notification in the Government Gazette.
(2) The District Planning and Development Board shall comprise the following : -
(i) Chairman of the Block Development Councils of the District ;
(ii) Members of Parliament representing the area ;
(iii) Members of the State Legislature representing the areas within the District ;
(iv) Chairman of the Town Area Committees at the District ;
(v) President of the Municipal Council, if any.
(3) The Chairman of the Board shall be nominated by the Government from amongst the members of the District Planning and Development Board.
(4) The Vice-Chairman shall be elected by the members of the District Planning and Development Board from amongst themselves. No Government servant shall be elected as Vice-Chairman of the Board.
(5) The District Development Commissioner shall be the Chief Executive of the District Planning and Development Board and he shall be assisted by the District Level Heads in discharge of functions as such.
Chapter XII
Powers, Functions and Finance
----------------------------------------------
### 46. Powers and functions of the District Planning and Development Board.
(1) The District Planning and Development Board shall exercise and perform the following powers and functions : -
(i) to consider and guide the formulation of development programmes for the District and indicate priorities for various schemes and consider issues relating to the speedy development and economic upliftment of the District ;
(ii) [ to review periodically progress and achievements of developmental plans and schemes and make recommendations to the Government and Halqa Panchayats as it considers appropriate.
[Substituted by Act No. 20 of 2018, dated 16.10.2018.]
(ii-a) to receive all Block Level Plans and Consolidated Panchayat Plans from Block Development Council; compile, consolidate and integrate all plans into the District Plan and forward to the State Finance and Planning Department which shall form the basis for the State Plan.]
(iii) to function as a working group for formulation of periodic and annual plans for the District ;
(iv) to formulate and finalize the plan and non-plan budget for the District ;
(v) to lay down the policy guidelines for the Block Development Council and Halqa Panchayat ;
(vi) to approve the budget of the Block Development Council and supervise and co-ordinate their work ;
(vii) to undertake special measures for alleviating poverty and employment generation and extending assistance to Halqa Panchayats in this behalf ;
(viii) to promote and assist co-operative institutions ;
(ix) to perform such other functions and duties as may be assigned or entrusted to it by the Government from time to time.
### 47. Finance.
(1) All the funds provided by the Government or any other agency, meant for the Development of District will flow through the District Planning and Development Board as per the District plans.
(2) The District Planning and Development Board shall set up committees to handle specialised jobs. The number of such committees, the manner in which they shall be constituted and perform their functions, shall be such as the District Planning and Development Board may deem fit .
Chapter XIII
Constitution of Panchayati Adalat
---------------------------------------------------
### 48. Composition of Panchayati Adalats.
(1) There shall be a Panchayati Adalat for every halqa.
(2) The Panchayati Adalat shall comprise five members who shall be nominated by the prescribed authority out of the panel prepared and recommended by the halqa Panchayat out of its electorate :
Provided that no person shall be so recommended unless he -
(i) is literate ;
(ii) has attained the age of 30 years ;
(iii) is not a Sarpanch, Naib-Sarpanch or a Panch ;
(iv) is not under the employment of the Government or any local body or corporation.
(3) The term of member of the Panchayati Adalat shall be five years from the date of nomination.
(4) Three members of the Panchayati Adalat, shall form the quorum.
(5) If any vacancy arises in the Panchayati Adalat, it shall be filled up in the same manner as prescribed under sub-section (2) and the member so nominated shall serve for the residue of term of his predecessor.
### 49. Procedure for conduct of business.
- Save as otherwise provided in this Act, the Government may make rules to : -
(i) regulate the conduct and distribution of business and practice before a Panchayati Adalat ;
(ii) prescribed the time and place at which the Panchayati Adalat shall sit.
### 50. Chairman of Panchayati Adalat.
- The members of a Panchayati Adalat shall elect any member from amongst themselves to be the Chairman of such Panchayati Adalat :
Provided the if the members of a Panchayati Adalat fail to elect the Chairman within a period of thirty days from the date of nomination, the prescribed authority shall appoint one from amongst the members to be the Chairman of such Panchayati Adalat.
### 51. Secretary of the Panchayati Adalat.
- The Secretary of the Halqa Panchayat shall act, as the judicial clerk to the Panchayati Adalat for the purpose of recording its proceedings and decisions and such other duties as may be prescribed.
### 52. Removal of the Chairman and the member of Panchayati adalat.
(1) The [Government or any other officer specially empowered or authorized in this behalf]
[Substituted 'Government' by Act No. 5 of 2018, dated 8.8.2018.]
may remove the Chairman or any member of a Panchayati Adalat after giving him opportunity of being heard and after such enquiry, as the [Government or any other officer specially empowered or authorized in this behalf]
[Substituted 'Government' by Act No. 5 of 2018, dated 8.8.2018.]
deems necessary, if in the opinion of the [Government or any other officer specially empowered or authorized in this behalf]
[Substituted 'Government' by Act No. 5 of 2018, dated 8.8.2018.]
, such Chairman or member, as the case may be, has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or neglect or refusal to perform or is incapable to perform the functions of the Panchayati Adalat.
(2) If an enquiry is held under sub-section (1), the [Government or any other officer specially empowered or authorized in this behalf]
[Substituted 'Government' by Act No. 5 of 2018, dated 8.8.2018.]
may suspend the Chairman or the member of the Panchayati Adalat.
(3) A person removed from the Panchayati Adalat under sub-section (1) shall not be eligible for nomination to such Panchayati Adalat.
### 53. Transfer of pending suits and the cases to Panchayati Adalat.
- All suits and cases pending before a Panchayati Adalat constituted under the Jammu and Kashmir Village Panchayat Act, 1958 or before the Civil or Criminal Court, for matters within the jurisdiction of a Panchayati Adalat constituted under this Act shall stand transferred to the concerned Panchayati Adalat so constituted.
### 54. Hearing by members of Panchayati Adalat.
- No member of a Panchayati Adalat who is a party to or is personally interested in, any suit or case, shall here or dispose of such suit or case.
### 55. Chairman and members to be public servants.
(1) Every member including the Chairman of the Panchayati Adalat shall be deemed to be a public servant within the meaning of section 21 of the Ranbir Penal Code, Samvat 1989.
(2) The provisions of the Judicial Officers Protection Act, 1971 shall apply to every Panchayati Adalat and to every member thereof while acting judicially.
### 56. Criminal jurisdiction.
(1) Notwithstanding anything contained in the Code of Criminal procedure, Samvat 1989 and subject to the provisions of this Act, a Panchayati Adalat shall have jurisdiction over the concerned Halqa Panchayat area for the trial of and shall take congnizance of any offence and abetment of or attempt to commit any offence, specified in the Schedule :
Provided that no such cognizance shall be taken by a Panchayati Adalat of any case in which the accused, -
(i) has been previously convicted of an offence punishable under Chapter XII or Chapter XVII of the Ranbir Penal Code with imprisonment of either description for a term of three years or onwards ; or
(ii) has been previously sentenced for any offence to life imprisonment or a like term ; or
(iii) has been previously sentenced by any Panchayati Adalat for a theft or for dishonestly receiving stolen property ; or
(iv) is a registered habitual criminal ; or
(v) has been bound over to be of good behaviour under section 109 or section 110 of the Code of Criminal Procedure, Samvat 1989 :
Provided further that the Government may, on its own motion or on the recommendation of the prescribed authority, exclude, by notification in the Government Gazette, the jurisdiction of any Panchayati Adalat in respect of any of the offences specified in the Schedule :
Provided also that no Panchayati Adalat shall take cognizance of any case relating to an offence specified in the Schedule in which either the complainant or the accused is a public servant as defined as section 21 of the Ranbir Penal Code, Samvat 1989.
### 57. Panchayati Adalat before which case to be instituted.
- Every case under this Act shall be instituted in the Panchayati Adalat within the local limits of whose jurisdiction the offence was committed.
### 58. Penalties.
- A Panchayati Adalat shall not be competent to impose on any person convicted of an offence tried by it, any sentence other than a sentence of fine not exceeding one thousand rupees.
### 59. Compensation to complainant.
- A Panchayati Adalat may direct that the whole or any part of the fine, when released shall be paid as compensation to the complainant or person affected by the offence.
### 60. Compensation to accused.
- If a Panchayati Adalat is satisfied after enquiry that the case brought before it is false frivolous or vexatious, it may order the complainant to pay the accused such compensation not exceeding two hundred rupees as it deems fit.
### 61. Youthful offenders.
- Subject to the provisions of section 562 of the Code of Criminal Procedure, Samvat 1989, a Panchayati Adalat may, instead of passing sentence, discharge, after due admonition an offender who in its opinion was on the date of the commission of offence not over [eighteen years of age]
[Substituted 'fifteen years of age' by Act No. 20 of 2018, dated 16.10.2018.]
.
### 62. Recovery of fines.
- If any fine imposed or compensation ordered to be paid by a Panchayati Adalat remains unpaid for thirty days, the Panchayati Adalat shall certify the fact of non-payment to the District Panchayat Officer having jurisdiction, who shall proceed to recover it as if it were a fine imposed by himself.
### 63. Previous acquittal etc.
- Where an accused person has been tried for and discharged, convicted or acquitted of any offence, no Panchayati Adalat shall take cognizance of such offence, or on the same facts or any other offence.
### 64. Local inquiry and reports.
(1) A Panchayati Adalat may be directed by a Magistrate to make a local enquiry under section 202 of the Code of Criminal Procedure, Samvat 1989, in any case in which the offence was committed within the local limits of the jurisdiction of such Panchayati Adalat.
(2) Any Magistrate before whom proceedings under section, 488 of the said Code is pending may require a Panchayati Adalat in whose jurisdiction the husband or parent against whom the proceedings has been started, might be residing to submit a report as to the amount of maintenance allowance which, having regard to the circumstances of the parties to such proceedings should be payable. Such report shall form part of the record and may be used as evidence in such proceedings without the same being proved.
### 65. Summary dismissal of complaint.
- A Panchayati Adalat may dismiss any complaint, if after examining the complainant and taking such evidence as he produces, it is satisfied that the complaint is frivolous vexatious or untrue.
### 66. Civil jurisdiction.
- Notwithstanding anything contained in the Code of Civil Procedure, Samvat 1977 and subject to the provisions of this Act, a Panchayati Adalat shall have jurisdiction over the concerned Halqa Panchayat area for which it has been constituted for the trial of such suits as are described in section 67.
### 67. Suits cognizable by Panchayati Adalat.
(1) The following suits shall be congnizable by a Panchayati Adalat, namely : -
(i) suits for ascertained sums not exceeding three thousand rupees ;
(ii) suits for damages not exceeding three thousand rupees for breach of contract not effecting immovable property ;
(iii) suits for compensation for wrongly taking or injuring movable property not exceeding three thousand rupees in value ;
(iv) suits for specific movable property or for the value thereof not exceeding three thousand rupees only :
Provided that no Panchayati Adalat shall take cognizance of any suit, -
(a) by or against a minor or a person of unsound mind ;
(b) by or against the Chairman or any member of the Panchayati Adalat ;
(c) by or against the Sarpanch or any Panch of the Halqa in his official capacity ;
(d) in respect of any dispute or matter in which a suit or application may be brought or made before a Revenue Officer ;
(e) in respect of any matter directly and substantially in issue in a previously instituted suit between the same parties or those under whom they claim, which is pending in or has been heard and finally decided by a court of competent jurisdiction or by a Panchayat Adalat ; and
(f) by or against the Government or a Co-operative Society or any employee of the local authority or an officer or servant of a local authority in his official capacity .
(2) The Government may, by notification in the Government Gazette, confer on any Panchayati Adalat the jurisdiction to hear and dispose of suit, of the nature specified in sub-section (1) of which the amount or value does not exceed three thousand rupees.
### 68. Suits to include whole claim.
(1) Every suit instituted in a Panchayati Adalat shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action, but he may relinquish any portion of his claim in order to bring the suit within the jurisdition of Panchayati Adalat.
(2) If a plaintiff omits to sue in respect of or intentionally relinquishes, any portion of his claim, he shall be precluded from bringing any separate action whether before a Panchayati Adalat or a civil court for, or in respect of the portion so omitted or relinquished.
### 69. Place of institution.
- Every suit under this Act shall be instituted before the Panchayati Adalat within whose jurisdiction the plaintiff or any defendant in the suit resides at the time of the institution of the suit.
### 70. Interest and instalments.
(1) In suits for money, the Panchayati Adalat may, in its discretion, decree, interest or the sum decreed at a rate not exceeding ten per cent per annum from the date of payment.
(2) Where the decree is for payment of money, the Panchayati Adalat may, direct that the paymet of the amount decreed be made by instalments.
### 71. Execution.
(1) A decree or order passed by a Panchayati Adalat shall be executed by it in such manner as may be prescribed.
(2) If a Panchayati Adalat finds any difficulty in executing a decree or order, it may forward the same in the manner prescribed, to the District Panchayat Officer who shall get the decree or order executed.
### 72. Appearance in person or by representative.
- The parties to a case triable by a Panchayati Adalat shall appear personally before such Panchayati Adalat : provided that the Panchayati Adalat may, for the reasons to be recorded in writing dispense with the personal attendance of the complainant or the accused and permit him to appear by agent and it shall so dispense with such personal attendance if the complainant or the accused is a person exempt from personal attendance in court.
### 73. Transfers.
(1) Any Magistrate before whom a complaint or report by the police of any offence triable by a Panchayati Adalat is brought or who takes cognizance of any such offence upon his own knowledge or suspicion shall transfer the preceedings to a Panchayati Adalat of competent jurisdiction.
(2) Any Judicial Magistrate may, on an application made by any aggrieved party to a suit or case pending before a Panchayati Adalat, after satisfying himself, and recording the reasons therefor, transfer the same to any other nearest Panchayati Adalat.
(3) On the transfer of such suit or case, the Panchayati Adalat to which it is transferred shall hear such suit or case, as if the same was instituted before it.
### 74. Appeals and revisional powers.
(1) Unless otherwise provided in this Act, no appeal shall lie from any sentence, decree or order passed by a Panchayati Adalat in any suit or case tried by it.
(2) On an application made within 60 days by any of the parties to a suit or case tried by a Panchayati Adalat or on his own motion : -
(a) the District Judge having jurisdiction may in relation to any such suit ; and
(b) the Sessions Judge having jurisdiction may in relation to any such case ;
call for and examine the record of proceedings of a Panchayati Adalat for purpose of satisfying himself as to the legality or propriety of any decree or sentence passed or as to the regularity of the proceedings held by such Panchayati Adalat.
(3) If it appears to the District Judge or the Sessions Judge, as the case may be, that any decree, order of sentence passed or any proceedings taken by a Panchayati Adalat should be modified, cancelled or reversed, he may pass such order as he thinks just.
(4) All appeals pending before any court of competent jurisdiction at the commencement of this Act, shall be disposed of as such by the District Judge or Session Judge in accordance with law under which it was made and in doing so, he may confirm, reverse or modify the decision or order appealed from.
(5) The order of the District Judge, or the Sessions Judge, as the case may be, passed under sub-section (3) or sub-section (4) shall be final.
### 75. Decrees or orders passed are not to be altered.
- Subject to the provisions of this Act, a Panchayati Adalat shall have no power to cancel, revise or alter any decree, judgement or order passed by it :
Provided that clerical or arithmetical mistake in judgement, decree or order or errors arising therein from any accidental slip or ommission may at any time be corrected by the Panchayati Adalat either on its own motion or on the application of any of the parties.
### 76. Pending cases before the Panchayati Adalat when term of office has expired.
- A Panchayati Adalat newly constituted on the expiry of term of office of the members of previous Panchayati Adalat shall hear and dispose of suits, cases and proceedings pending before the latter at the date of the expiry of such term :
Provided that the hearing of such suits, cases and proceedings shall commence before the Panchayati Adalat newly constituted, as if such suits, cases and proceedings were instituted before it.
### 77. Contempt of Panchayati Adalat.
(1) If any person intentionally offers any insult to a Panchayati Adalat or any member thereof, while it is sitting in any stage of judicial proceedings in its or his view or presence or refuses to take oath duly administered or sign a statement made by the said person when legally required to do so, the Panchayati Adalat may, at any time, before rising on the same day, take cognizance of the offence and sentence the offender to a fine not exceeding two hundred rupees.
(2) The fine imposed under sub-section (1) shall, for the purpose of section 62 be deemed to be fine imposed in a criminal case.
### 78. Bar to arrest and imprisonment in execution of decree.
- No person shall be arrested or imprisoned in execution of a decree under the provisions of the Act.
### 79. Remuneration to members of Panchayati Adalat.
- The Chairman and the members of the Panchayati Adalat will be entitled to a sitting fee as may be decided by the Government from time to time.
### 79A. [ Government's power to specify the role of Panchayats.
[Inserted by Act No. 20 of 2018, dated 16.10.2018.]
(1) The Government may, by general or special order, specify from time to time, the role of Halqa Panchayats, Block Development Council, in respect of the programmes, schemes and activities related to the functions specified in the Schedules, in order to ensure properly coordinated and effective implementation of such programmes, schemes and activities.
(2) The Government may, by notification, in the Government Gazette add any activity, programme or scheme to those covered by or mentioned in Schedules. On the issue of such notification, the Schedules shall be deemed to have been amended accordingly. Every such notification shall be placed before each House of the State Legislature.]
Chapter XIV
Miscellaneous
------------------------------
### 80. Power to make rules.
(1) The Government may make rules for carrying out the purposes of this Act, in particular and without prejudice to the generality of the foregoing power, such rules may, provide : -
(i) for all matters expressly required or allowed by this Act to be prescribed by rules ; and
(ii) for the procedure for exercise of civil and criminal jursidiction ; imposition of penalties by the Panchayati Adalat ;
(iii) procedure regulating the conduct of elections to Panchayat Halqas and Chairman of Block Development Council ;
(iv) that a contravention of any rule made under this Act shall be punishable with a fine which may extend to fifty rupees.
### 81. Power to make bye-laws.
- Subject to any rules made by the Government a Halqa Panchayat may make bye-laws for carrying out its duties and functions conferred on it under this Act. Any such bye-laws shall be made with the approval of the prescribed authority.
### 82. Disputes as to properties.
- If any dispute arises as to the ownership of any property or the vesting of any rights arising between Panchayat Halqas, the same shall be decided by the Government whose decision thereon shall be final and binding on the Panchayat Halqas.
### 83. Repeal and saving.
(1) The Jammu and Kashmir Village Panchayat Act, 1958 is hereby repealed.
(2) Notwithstanding such repeal, anything done, any action taken, order or notification issued, rules or by -laws made under the provisions of the aforesaid Act, shall in so far as the same are not inconsistent with the provisions of this Act, be deemed to have been done, taken, issued or made under the corresponding provisions of this Act.
Schedule
----------
| | | |
| --- | --- | --- |
|
|
Law
|
Sections
|
|
|
A. Offences under the Ranbir Penal Code, 1989 -
|
|
|
1.
|
Wearing the garb of or carrying any token used
by a soldier with intent that it may be believed that he is such
a soldier
|
140
|
|
2.
|
Committing affray
|
160
|
|
3.
|
Personating a public servant
|
170
|
|
4.
|
Absconding to avoid service of summons or other
proceedings from a public servant
|
172
|
|
5.
|
Preventing the service or the affixing of any
summons or notice, or the removal of it when it has been affixed,
or preventing a proclamation
|
173
|
|
6.
|
Notice obeying a legal order to attend at a
certain place in person or by agent or departing therefrom with
authority
|
174
|
|
7.
|
Intentionally omitting to produce a document to
a public servant by a person legally bound to produce or deliver
such document
|
175
|
|
8.
|
Refusing oath or affirmation when duly required
by public servant to make it
|
178
|
|
9.
|
Refusing to answer questions, being legally
bound to state truth
|
179
|
|
10.
|
Refusing to sign a statement make to a public
servant when legally required to do so
|
180
|
|
11.
|
Intentional omission to give information of an
offence by a person legally bound to inform
|
202
|
|
12.
|
Negligent act likely to spread the infection of
any disease dangerous to life
|
269
|
|
13.
|
Fouling the water of a public spring or
reservoir
|
277
|
|
14.
|
Making atmosphere noxious to health
|
278
|
|
15.
|
Driving or riding on a public way so rashily or
negligently as to endanger human life etc.
|
279
|
|
16.
|
Causing danger, obstruction or injury in any
public way
|
283
|
|
17.
|
Dealing with fire or any combustible matter so
as to endanger human life etc.
|
285
|
|
18.
|
A person omitting to guard against probable
danger, to human life by the fall of any building over which he
has a right entitling him to pull it down or repair it
|
288
|
|
19.
|
Omitting to take order with any animal so as to
guard against danger to human life or grievous hurt from such
animal
|
289
|
|
20.
|
Committing a public nuisance
|
290
|
|
21.
|
Continuance of nuisance after injunction to
discontinue
|
291
|
|
22.
|
Obscene acts and songs
|
294
|
|
23.
|
Voluntarily causing hurt
|
323
|
|
24.
|
Voluntarily causing hurt on grave and sudden
provocation not intending to hurt any other than the person who
gave the provocation
|
334
|
|
25.
|
Doing any act which endangers human life or the
personal safety of others
|
336
|
|
26.
|
Wrongly restraining any person
|
341
|
|
27.
|
Assault or use of criminal force otherwise than
on grave provocation
|
352
|
|
28.
|
Assault or use of criminal force in attempt to
commit theft of property or carried by a person
|
356
|
|
29.
|
Assault or use of criminal force in attempt
wrongfully to confine a person
|
357
|
|
30.
|
Assault or use of criminal force on grave and
sudden provocation
|
358
|
|
31.
|
Unlawful compulsory labour
|
374
|
|
32.
|
Theft where the value of the stolen property
does not exceed one hundred rupees
|
379
|
|
33.
|
Theft of property of like value in dwelling
house, etc.
|
380
|
|
34.
|
Dishonest misappropriation of movable property
or converting it to one's own use, where the property
misappropriated does not exceed one hundred rupees in value
|
403
|
|
35.
|
Dishonestly receiving stolen property knowing it
to be stolen where the value of such property does not exceed one
hundred rupees
|
411
|
|
36.
|
Mischief
|
426
|
|
37.
|
Mischief by killing, poisoning, maiming or
rendering useless any animal of the value of one hundred rupees
|
428
|
|
38.
|
Mischief by causing, diminution of supply of
water for agricultural purposes, etc.
|
430
|
|
39.
|
Criminal trespass
|
447
|
|
40.
|
House trespass
|
448
|
|
41.
|
Dishonestly breaking open receptacle containing
property
|
461
|
|
42.
|
Insult intended to provoke a breach of peace
|
504
|
|
43.
|
Criminal intimidation
|
506
|
|
44.
|
Uttering any word or making any gesture
intending to insult the modesty of a women, etc.
|
509
|
|
45.
|
Appearing in public in the state of intoxication
and causing annoyance to any person
|
510
|
|
|
B. Offences under the Cattle Trespass Act, 1977.
|
|
|
|
C. Offences under the Jammu and Kashmir
Vaccination Act, 1967.
|
|
|
|
D. Offences under the Prevention of Cruelty to
animals Act, 1990.
|
|
|
|
E. Offences under the Public Gambling Act, 1977.
|
|
|
|
F. Offences under the Prevention of Jurvenile
Smoking Act, 1986.
|
|
|
|
G. Offences under this Act or the rules made
thereunder.
|
|
|
|
H. Any other offence under any law declared by
the Government to be triable by a Panchayati Adalat.
|
|
|
|
I. Offences under Dowry Restraint Act, 1960
(XXXVI of 1960).
|
|
[Schedule I-A]
[Inserted by Act No. 20 of 2018, dated 16.10.2018.]
(See Section 12)
General
I. It shall be the duty of the Halqa Panchayat, to meet the requirements of the Halqa Panchayat area, subject to availability of funds, in respect of the matters enumerated in this Schedule and also as elaborated in the responsibility mapping in respect of Halqa Panchayats.
II. Subject to the other provisions of this Act and the guidelines and with the assistance of Government, financial, technical or otherwise, the Halqa Panchayat shall have the power to administer the matters enumerated in this Schedule and to prepare and implement schemes relating thereto for development and social justice purposes. Planning and implementation of all Centrally Sponsored Schemes in the Halqa Panchayat which are in operation or to be launched by the Government of India, as the case may be shall also be the responsibility of the Panchayats.
III. Halqa Panchayat shall prepare the plans for and to implement all schemes in accordance with the provisions contained in the guidelines of the schemes and instructions issued by the Government of India and State Government from time to time.
IV. The Halqa Panchayat shall carry out its functions in accordance with the set of guidelines for estimation of the projects as well as expenditure sanction issued by the Government.
(A) General Functions : -
(i) Preparation of annual plans for the development of the Panchayat area in general and separately under all schemes/programmes as per the targets assigned by the District Planning and Development Board (DP&DB).
(ii) Preparation of annual budget.
(iii) Providing relief in natural calamities.
(iv) Removal of encroachments on public properties.
(v) Organizing voluntary labour and contribution for community works.
(vi) Maintenance of essential statistics of the villages.
(vi) Identification of beneficiaries for all beneficiary oriented programmes/schemes.
(vii) Repair/maintenance/upkeep of all Government assets.
(viii) Supervision and inspection of all primarily level institutions like primary schools, primary health centers, primary veterinary centers/veterinary dispensaries, artificial semination centres, first aid centers etc.
(ix) To act as Grievance Redressal Forum for the Halqa Panchayat.
(x) To undertake constructions from Halqa Panchayat fund (own resources) within the area of the Halqa Panchayat.
(xi) To undertake awareness generation and mobilization of community for all Government priority areas like sanitation, renewable energy, sex ratio improvement, skill development, water conservation, waste to energy, financial inclusion etc. as prescribed from time to time.
(B) Specific Functions : -
### 1. Agriculture, Horticulture, Animal Husbandry, Sheep Husbandry and Fisheries : - (i) Preparation of and supervision of activities under a comprehensive village Horticulture/Agriculture/ Sericulture plan in consultation with Halqa Majlis (Gram Sabha) so as to increase production.
(ii) Preparation of Annual plans and identification of beneficiaries under ATMA, MIDH, PMGSY, Blue Revolution, PMKSY or any other scheme in force or introduced in future and their submission to Block Development Council.
(iii) Preparation of plans regarding development of waste lands and grazing lands to ensure optimum utilization of land.
(iv) Establishment and maintenance of nurseries with Halqa Panchayat funds (own resources).
(v) Preparation, recommendation and supervision of plan for farm mechanization.
(vi) Preparation and supervision of plans for soil, water conservation and seed protection.
(vii) Preparation of watershed management plans and their implementation.
(viii) Supervision of Agriculture Insurance Plans and their implementation.
(ix) Facilitate agriculture/horticulture extension activities including farm schools, exposure visits, crop protection and pest management campaigns, demonstrations etc.
(x) Supervise preparation of loss statements in the event of disasters.
(xi) Distribution of inputs.
(xii) Promote the formation of milk/wool/poultry farming/co-operative societies.
(xiii) Monitoring and supervision of milk collections centers/societies.
(xiv) Identification of sites for establishment and management of public market facilities (mandies) at Halqa Panchayat for promotion of rural farm products, craft products and display of market prices at such mandies.
(xv) Regulation and conduct of fairs and festivals including cattle fair.
(xvi) Providing storage and cold storage facilities for agro/horticulture products.
(xvii) Facilitate farmers for direct marketing and e-Marketing of agriculture/horticulture produce.
(xviii) Preparation of plan to enhance milk/broiler/egg production and its by-products
(xix) Facilitate hand holding of private entrepreneurs.
(xx) Promote collaborative co-operative model for dairy farmers.
(xxi) Promote fodder development, vermi-composting and organic farming in the area.
(xxii) Supervision of Primary Veterinary Centers, Veterinary dispensaries and first aid centers.
(xxiii) Construction and maintenance of buildings of the Department in the panchayat areas, wherever transferred to the Halqa Panchayats.
(xxiv) Identification of fish farmers for training in fish culture and arranging their training with the assistance of Department of Fisheries.
### 2. PHE, Irrigation and Flood Control Department : - (i) Planning, construction, renovation and maintenance of all minor irrigation projects with 0-5 hectares area within the Halqa Panchayat area.
(ii) Maintenance and implementation of timely and equitable distribution and full use of water of all such minor or micro irrigation projects within 0-5 hectares at Halqa Panchayat level.
(iii) Development of plan for and implementing ground water recharging and rain water harvesting schemes/projects.
(iv) Mapping and management of records of all water sources within the Halqa Panchayat area.
(v) Maintenance of hand pumps through manpower provided by the department.
(vi) Maintenance of irrigation channels and khuls.
(vii) To take measures for prevention and control of water pollution.
(viii) Identification and supervision of potential/existing schemes.
(ix) Preparing a chlorination roster for all water supply schemes/reservoirs within Halqa Panchayat area and ensuring display of dates of chlorination.
(x) Collecting the required data/information for planning on quality and coverage of drinking water schemes.
(xi) Maintenance of traditional drinking water sources.
(xii) Collection of water samples from drinking water sources for testing.
(xiii) Assisting authorities to regulate over exploitation of ground water.
(xiv) Collection of user charges, where necessary.
(xv) Maintenance of piped water supply schemes to the extent transferred to the Halqa Panchayats.
(xvi) Provision and maintenance of water purification devices in schools/anganwadi centers/health institutions out of own resources.
### 3. Forest/Social Forestry : - (i) Afforestation on waste land.
(ii) Development of social forestry and farm forestry, disposal of social forestry produce.
(iii) Growing trees for cattle feed, fire wood and fruits.
(iv) Implementation of farm forestry.
(v) Establishment of nurseries and their management.
(vi) Management of minor forest produce excluding reserved forest, protected forest and wildlife protected area.
(vii) Planning and implementation of social forestry and farm forestry projects.
(viii) Planting and preservation of trees on the road side and other public places under control of Halqa Panchayat.
(ix) Protection of forest area from encroachments and reporting of any illegal activity to the concerned officer/official.
(x) Identification of sites for CAMPA/afforestation activities under different schemes/plans.
(xi) Supervision/protection of wildlife.
(xii) Constitution of fire protection committees to assist Forest Department in extinguishing forest fires in coordination with the local people.
### 4. Tourism : - (i) Identification and proposing development of tourist spots in the Halqa Panchayat area.
(ii) Facilitation of tourism activities.
(iii) Providing and maintenance of basic amenities at tourist centers entrusted to Halqa Panchayat.
(iv) Collection of entry fees, parking fees other than at places maintained by Archaeological Survey of India or by other local authorities or Government Departments.
### 5. Public Works (R&B Department). - Planning and construction of works transferred to Halqa Panchayats. ###
6. Rural electrification, power and energy : -
(i) Installation and maintenance of street lights at public streets and places.
(ii) Planning, establishment, maintenance and promotion of small conventional and non-conventional energy units like solar, including roof top solar panel installation, bio-gas, wind mill, micro hydro electricity plants with Halqa Panchayat funds.
(iii) Sale of excess non-conventional energy to others.
(iv) Identification of left out houses/new constructions for electrification.
(v) Collection of user charges on behalf of Power Development Department on an incentive basis to be decided and notified and ensuring 100% metering in its area.
### 7. Disaster Management : - (i) Conducting survey to identify disaster prone localities.
(ii) Creation and maintenance of disaster management facilities.
(iii) Identification of local resources in the form of manpower and funds to meet the eventuality of disaster.
(iv) Creation of disaster management committees at village level; identification and registration of civil defense personnel.
(v) Identification of youth for disaster management training.
(vi) Providing relief and compensation to victims of disasters with Halqa Panchayat's own resources and as per guidelines issued by Government.
### 8. Libraries. - Creation, management and monitoring of Halqa Panchayat level libraries and reading rooms including providing of seating facilities, books and their computerization through own resources. ###
9. Sports and Cultural Activities : -
(i) Establishment and maintenance of play fields inside schools and on village lands.
(ii) Protection and reviving cultural activities at Halqa Panchayat level.
(iii) Promotion of youth clubs.
(iv) Assisting poor and indigent artists.
(v) Maintenance of communal and religious harmony.
(vi) Construction and management of cultural centers, community halls, open air theatres at Halqa Panchayat and cluster level.
(viii) Organization of youth festivals/sport events, art and culture events, plays, dramas at Halqa Panchayat and cluster level.
(ix) Providing life skill education, leadership training and conducting recreational activities for youth.
### 10. Health and Family Welfare Department : - (i) Forwarding of proposals and getting sanctions from competent authority for the establishment of dispensaries/health sub-centers at Halqa Panchayat level.
(ii) NOC for Licensing of eateries and entertainment establishments.
(iii) Management of stray dogs/street dogs/stray cattle; identification of sites for management of animal pounds.
(iv) Implementation of preventive and remedial measures against epidemics.
(v) Monitoring of maternity and child welfare centers and ensure 100% vaccination of all children and pregnant ladies.
(vi) Regulation of sale of meat, fish and other perishable food articles.
(vii) Constitution of "Health and Family Welfare Advisory Committee" consisting of Panch of village/ward, opinion leaders, trained birth attendant, Male/Female Health Worker, ASHA (Member-Secretary), Government employees and honorarium paid-staff viz. school teacher, Anganwadi worker etc., NGO/Women SHG/ Community based organization representatives etc. to oversee the functioning of each health institution and improvement thereof; to ensure that the functionaries of the sub-centres are residing at the place of posting; the committee shall be chaired by Sarpanch of the Halqa Panchayat in whose area the institution falls; the committee shall submit a Quarterly Accountability Report to the Block Development Council.
(viii) The above committee shall also function as Village Health Sanitation and Nutrition Committee under NHM. The funds allocated to the VHSNC under NHM shall be operated through a joint account held by PRI member and ASHA as provided under NHM guidelines.
(ix) Registration of all pregnant ladies with the nearest health centre through ASHA's and ensuring anti-natal and post natal care and benefits under Janani Suraksha Yojana, Janani Shishu Suraksha Karyakram are extended to the mother and child.
(x) Supervising and facilitating "School Health Check up Programmes" under RBSK or any other scheme and monitoring that all children recommended for next level of care avail of the same.
(xi) Chlorination of wells/bowlies; cleaning of roads and drains ; sanitation and restrain of stray dogs cattle (As per Prevention of Cruelty to Animals Act, 1960 with amendments thereof).
(xii) Reporting the outbreak of Gastroenteritis/malaria/ dengue and/or any other epidemic/disease outbreak and starting measures for containment with the assistance of Health Committees.
(xiii) Educating the community for adopting Family Planning methods/immunization etc. and organizing camps thereof.
(xiv) Reporting of Births and Deaths.
(xv) Identify sub-centre for upgradation to health and wellness centers under Ayushman Bharat and monitoring of services provided by them.
(xvi) Introduction of Participatory Rural Appraisal (PRA) for all Health Programmes and their proper implementation.
(xvii) Field visit report to be submitted to BDC on monthly basis.
### 11. Social Welfare Department : - (i) Identification of beneficiaries and implementation of the Supplementary Nutrition Programme under ICDS.
(ii) Identification of sites for construction of Anganwadi Centres.
(iii) Supervision and management of Anganwadi Centres to the extent transferred to Halqa Panchayat.
(iv) Construction/repair/renovation of buildings for AWCs to the extent transferred to Halqa Panchayat.
(v) To coordinate with Mahila Mandals in smooth functioning of the programme.
(vi) Identification of beneficiaries under Pradhan Mantri Matritva Vandana Yojna (PMMVY) and Scheme for Adolescent Girls (SAG)
(vii) Identification of beneficiaries under National Social Assistance Programme (NSAP) and Integrated Social Security Scheme (ISSS); verification of existing pensioners and weeding out of dead/non-eligible cases.
(viii) To disburse all payments under NSAP and ISSS.
(ix) Identification of beneficiaries for Bal Ashrams/ Nari Niketans and other childcare institutions.
(x) Identification of children in need of care and protection under Integrated Child Protection Scheme through child welfare committees and District Child Protection units.
(xi) Coordinate with Block Development Council in execution of schemes for the welfare of SCs/STs/ OBCs/Minorities/Disabled/Old aged/Destitutes/ Widows/Children.
(xii) Identify discriminatory practices against SCs/STs and report to Block Development Council/District Planning and Development Board/concerned authorities for action.
(xiii) Identify Scheduled Caste/Scheduled Tribe basties and suggest measures for their socio-economic upliftment.
(xiv) Coordinate with Block Development Council and District Planning and Development Board in creating awareness among the people about the ill effects of drug abuse/female feticide/domestic violence and also implementation of all schemes including Poshan Abhiyan, Ladli Beti, One Stop Centre, Beti Bachao Beti Padhao or any other scheme introduced in future .
(xv) Coordinate with Block Development Council and District Planning and Development Board in creating awareness among the people about laws enacted to prevent domestic violence against women.
### 12. Consumer Affairs and Public Distribution Department : - i. To act as grievance redressal agency and issue directives to Fair Price Shops/Government Sale Centres as and when required.
ii. To identify and recommend elimination of bogus ration cards and issue new ration cards.
iii. Supervise functioning of the Fair Price Shops/ Government Sale Centres under the jurisdiction of the Halqa Panchayat.
iv. To assist Block Development Council in preparing plans of action to link Public Distribution System with Integrated Child Development Scheme and Mid-Day Meals Scheme etc.
v. Identification of beneficiaries under different categories on yearly basis i. e. AAY, PHH, NPHH and deletion.
vi. Recommend opening of new fare price shops/ kerosene oil depots wherever required.
### 13. Rural Development Department : - (a) General Functions -
### 1. Cleaning and preservation of public roads, drains, bathing ghats, tanks, wells, ponds and other public places. ###
2. Establishment and maintenance of burial and cremation grounds.
### 3. Lay emphasis on natural resource management works, water conservation, watershed management, vermi-composting etc. ###
4. Construction and maintenance of cattle farm, community cattle sheds, pounds, village bus stand, rickshaw stand, taxi, auto stand, cart stand, slaughter houses and commercial complexes and collection of user fee for the purpose.
(b) Mgnrega : -
i. Preparation of labour budget, shelf of projects and Annual Action Plan in coordination with Gram Sabha through regular Gram Sabha meetings and implement MGNREGA in the Halqa Panchayat strictly as per guidelines prescribed.
ii. Execution of works in accordance with the Annual Action Plan/District Convergence Plan approved by District Planning and Development Board (80% of the district plan to be devolved to Panchayats and 20% to the District Development Commissioner for Inter- Panchayat works)
iii. Convening the Halqa Majlis (Gram Sabha) for social audit under the scheme and providing all information to the social audit team required for audit.
iv. Receiving applications for job cards and labour demand for work and issuing dated receipt against the same.
v. Issuance of job cards to the households within one month of application.
vi. Ensuring the applicants who demand labour get work within the statutory period of 15 days and pay unemployment allowance from own funds in case of failure to do so.
vii. Ensuring preparation of Muster-sheet within 15 days of start of work and preparation of fortnightly Muster-sheets thereafter.
viii. Ensure wage payment to wage seekers within 15 days of preparation of muster-sheets and pay delay compensation from own resources in case of failure to do so.
ix. Organization of Gram Rozgar Diwas on 1st of every month and Mahila Mazdoor Diwas on 15th of every month.
x. Provision of work site facilities like drinking water, first aid, childcare facilities in case of 10 children or more being present on site etc.
xi. Accord administrative approval for and make payments for the works under Mgnrega as per rules prescribed.
xii. Act as custodian of all panchayats related records and ensure maintenance of Panchayat Asset Register, case records for each individual work and Registers as prescribed under Mgnrega.
xiii. Maintenance of 60:40 (labour material ratio) at GP level under MGNREGA.
xiv. Awareness generation and social mobilization under scheme.
xv. Registration of vendors for supply of Key Material viz. sand, stone, bajri at GP level.
(c) Rural Sanitation (SBM) : -
(i) Development of health and sanitation policy and its implementation.
(ii) Planning and implementation of Halqa Panchayat level sanitation programme for households, public places and all local institutions and collection of user charges for the same where necessary.
(iii) Sensitization of community towards maintenance of sanitation/Solid, Liquid Waste Management (SLWM)/waste to energy.
(iv) Identification of land and establishment of Solid Liquid Waste Management Unit in consultation with State Technical Advisory Committee, District Water and Sanitation Committee and Block Level Committee.
(v) Collection, segregation and transport of solid waste to multi village solid waste management plants.
(vi) Construction and maintenance of individual, community toilets and bathrooms and sanitary complexes.
(vii) Disposal of unclaimed corpses and carcasses, regulation of curing, tanning and dyeing of skins and hides.
(viii) Survey of quantity and type of waste generation and assessment of demand for establishment of Solid Liquid Waste Management Unit.
(ix) Sensitization and policy planning about menstrual health; implementation and construction of pink toilets; regular refilling and operation and maintenance of vending machines and incinerators in pink toilets.
(d) Pradhan Mantri Awas Yojana (PMAY) : -
i. Verification of PMAY SECC lists through Halqa Majlis (Gram Sabhas) and set priorities for grant of houses.
ii. Identification and uploading of non-SECC beneficiaries into Awaas plus software.
iii. Prepare special lists for disaster affected families within the SECC list.
iv. Identification of persons for mason training and ensure conduct of mason trainings as per guidelines.
v. Ensure timely sanction of houses and disbursal of installments to the beneficiaries. All beneficiary funds under PMAY shall be devolved to the Halqa Panchayats.
vi. It shall be responsibility of the Panchayats to ensure completion of houses within nine months of disbursal of first installment.
(e) IWMP : -
i. Identification of water shed areas, ponds, barren lands etc. for development under IWMP.
ii. Creation of Water Shed Development Committees in the project area through Halqa Majlis (Gram Sabha).
iii. Identification of works to be taken up under Water Shed Project Area.
iv. Execution of works at the Panchayat level through Water Shed Development Committees.
### 14. Education Department : - i. Ensure 100% enrolment of school age children in Primary Schools and ensure transition of students from one class to another without drop-out incidence.
ii. Oversee the utilization of School Maintenance Grant (SMG) , Teaching Learning Material (TLM) and Teacher Learning Equipments (TLE) as per norms in Primary Schools.
iii. Oversee and monitor the distribution of study material, uniform and scholarships to the target group students in Primary Schools.
iv. Preparation and distribution of Mid-Day Meal in Primary Schools through local Self Help Groups (SHGs) /NGOs/Community Level Organizations for which the funds shall be transferred to Panchayats. The Halqa Panchayat shall also ensure weekly quality check of the Mid-Day Meal through designated agencies and take immediate action, if any, adverse reports are received.
v. Ensure regular meetings of the Village Education Committees and School Management Committees at primary school level and report on their functioning.
vi. Assess and plan requirement of drinking water and toilet facilities in Primary Schools and ensure it is met.
vii. Monitor regular attendance of Primary School and Middle School teachers, non-teaching staff and students and report to ZEO/CEO/DDC.
viii. Construction of Primary/Middle Schools to the extent transferred to Halqa Panchayat.
ix. Planning, establishment and management of hostels for backward classes/groups, girls, specially abled, minority groups and orphans at Primary School level through NGOs/SHGs/ community level organizations.
### 15. Revenue Department : - i. To assist the Local Administration in periodic updating of land records relating to actual status of village common lands, waste land, Kacharai land, water ways, roads, embankments and to assist in encroachment removal.
ii. Ensure the Patwari pastes his monthly working chart on the notice board of Patwar Khana and Panchayat Ghars indicating the working days he will visit the Panchayat Halqa areas.
iii. The concerned Halqa Panchayats will ensure that all eligible Kisans are issued Kisan Pass Books as required under the Jammu and Kashmir Land Revenue Act and that the same are updated regularly by the concerned Revenue Field Functionaries.
iv. To act as a grievance redressal mechanism in case of any difficulty being faced by the land owners in getting the extracts of Revenue Records and refer the matter to the concerned Tehsildar/ Sub-Divisional Magistrate/District Collector directing the concerned Patwari to the issue the Revenue Records through, Panchayat, as early as practicable.
v. Providing necessary assistance to the Administration in providing relief to the effected families/persons in case of disaster.
vi. To report regarding wrong entries in revenue records, malpractices, tampering of records land conversion to the Tehsildar/SDM/District Collector or higher authorities as the case may be.
vii. Assisting the local administration and revenue functionaries in periodic updating of land records viz-a-viz changes in the situation on ground through the conduct of the annual girdawari, preparation of jamabandi and all other revenue documents.
viii. Identification of landless families for allotment of land under any prevalent scheme.
### 16. Issue of certificates : - i. Issue of NOCs for Geology and Mining Department activities, Electrification, biodiversity, land conversion, Licenses for Home stay, resorts, bar and restaurants, hotels, liquor shops, Burial/ cremation grounds, crematoriums, slaughter houses etc.
ii. Issuance of birth, death, Character, dependent, marriage certificates and ration cards in accordance with procedure as notified by the Government from time to time.
### 17. Statistics and Planning : - (i) Collection, tabulation, updating of all statistics relating to the village.
(ii) Setting up of teams/committees for preparation of perspective plans and Annual Plans in accordance with statistics collected.
### 18. Co-operation. - Preparation and implementation of programmes to popularize and strengthen co-operative activities. ###
19. Rural Environment and Ecology : -
(i) Planning and implementation for protection and preservation of rural environment and ecology in conformity with National and State policy.
(ii) Establishment of GP biodiversity management committee.
(iii) Preparation of Peoples' Biodiversity Register.
(iv) Preparation and implementation of plans and programmes for the Biodiversity Act, 2002.
(v) Protection of ecologically sensitive areas.
(vi) Preparation and implementation of plans for the protection of environment.
(vii) Maintenance of parks, regulation of manure pits in public places.
### 20. Knowledge Management : - (i) Collection and compilation of household data and maintaining database.
(ii) Recording of the history, culture, heritage of the village.
(iii) Conducting surveys and studies to determine the human development of the village.
(iv) Periodical calculation of human development index.
(v) Making available all data to the people of Halqa Panchayat.
(vi) Awareness generation and Information, Education and Communication activities for all Government schemes.
### 21. Community Asset Management : - (i) Protection, conservation and management of community assets within the Halqa Panchayat area, their mapping, measurement, comprehensive documentation and maintenance.
(ii) Systematic documentation and protection of records of all assets such as ponds, water grooves, canals, agriculture pits, wells, bore-wells and other wells, pastures, forests, plantations etc.
[Schedule 1-B]
[Inserted by Act No. 20 of 2018, dated 16.10.2018.]
(See Section 26)
### 1. As per the provisions of this Act, Halqa Panchayat shall have the powers to carry out various duties/functions for the Socio Economic Development and Social Justice of the area. For this Halqa Panchayat requires staff for providing necessary help and guidance in carrying out the duties imposed on it by this Act. ###
2. Every Halqa Panchayat shall have a Member-Secretary who shall be an employee of Rural Development and Panchayati Raj Department (to be specified by the Department).
### 3. The employees of the departments contained in the Schedule I-A associated with the implementation of the various schemes at Halqa Panchayat level shall be the staff of Halqa Panchayat for helping them in carrying out various functions as per the Schedule I-A which shall include Junior Agriculture Extension Officer/Rehbar-e-Zerat, Veterinary Pharmacist/Stock Assistant, Flock Supervisor, Stock Assistant, Extension Officer (Fisheries) , Teacher/RETs, Horticulture Technician, Junior Engineers/Supervisors of Engineering Departments and Pharmacists in Sub Centre/Dispensaries, Asha Worker, ANM and FMPHW. ###
4. The dedicated staff engaged for the subject contained in the Schedule I-A under Centrally and State Sponsored Schemes shall also be the staff of Halqa Panchayat :
Provided that the pay, dues and other allowances of the permanent staff shall be drawn and disbursed by the respective department as per the procedure in vogue. The Honorarium of the dedicated staff shall be drawn and disbursed by the departments as per the procedure laid down in the guidelines by the respective departments :
Provided that the salary/honorarium (as applicable) of Village Level Worker, Auxiliary Nurse Midwife (ANM) , Female Multipurpose Health Worker (FMPHW) Accountant-cum-Data Entry Operator, Aganwadi Worker/Helper, Asha Worker, shall be drawn by the Halqa Panchayat as per the prescribed procedure.
### 5. Halqa Panchayats may engage staff at its level only after formal sanction from the Government for such engagement. [Schedule I-C]
[Inserted by Act No. 20 of 2018, dated 16.10.2018.]
(See Section 14)
### 1. Every Halqa Panchayat shall have a fund, to be called, the Halqa Panchayat Fund which shall be operated by the Secretary Panchayat and Sarpanch as per the procedure to be notified by the Department of Rural Development and Panchayati Raj. ###
2. As per the provisions of this Act, Rules thereunder and Government directions issued from time to time, the Halqa Panchayat shall have the power to operate the fund strictly as per procedure to be notified by the Government which shall include : -
i. Funds related to the subjects contained in the Schedule I-A, including funds under Centrally Sponsored Flagship Schemes as transferred to the Halqa Panchayats by respective Administrative Departments.
ii. Grants of State and Central Finance Commission.
iii. Outlays transferred to the Halqa Panchayat by the Government from time to time.
iv. Untied grants made available to the Halqa Panchayat by the Government to meet out the exigency of development works of Panchayat Halqas.
v. Own resources generated through building permission fee, annual charges and fee levied under section 15, fee for the certificates issued, user charges collected, incentives and other sources.
vi. The salary/honorarium as applicable of Village Level Worker, Auxiliary Nurse Midwife (ANM) , Female Multipurpose Health Worker (FMPHW), Accountant-cum-Data Entry Operator, Aganwadi Worker/Helper and Asha Worker.
vii. 80% funds under Annual Action Plan for MGNREGA.
viii. 100% funds under PMAY (construction component only), IWMP (works component only), Mid-day Meal, ICDS (Nutrition component only), NSAP and ISSS.
### 3. The Halqa Panchayats shall strictly follow the financial rules/instructions guidelines issued by the Central and State Government while utilizing the funds under different programmes. ###
4. Halqa Panchayats shall prepare a statement of annual accounts to be audited in the prescribed manner.
### 5. The guidelines prescribed by the Central or State Government shall be strictly adhered to while incurring expenditure on a scheme funded by Central Government or State Government as the case may be. [Schedule II-A]
[Inserted by Act No. 20 of 2018, dated 16.10.2018.]
(See Section 31)
I. It shall be the duty of the Block Development Council to meet the requirements of area in respect of the matters contained in this Schedule II-A and also prepare plan of activity in respect of inter Halqa Panchayat areas/matters subject to the availability of funds under the various schemes.
II. Subject to the other provisions of this Act and directions/guidelines issued by the Government from time to time, the Block Development Council shall administer the matters contained in this Schedule II-A and prepare plans and implement the schemes on the subjects specified herein for the economic development and social justice purpose.
III. The Block Development Council shall perform its functions strictly as per the guidelines for estimation of the projects as well as expenditure sanction issued by the Government.
(A) General Functions : -
i. Preparation of annual plans in respect of the schemes entrusted to it by virtue of the Act and those assigned to it by the Government/District Planning and Development Board and their submission to the District Planning and Development Board within a prescribed time for integration with district plan.
ii. Consideration and consolidation of the Annual Plans of all the Halqa Panchayats in the Block and submission of the consolidated plans to District Planning and Development Board within a prescribed time for integration with district Plans.
iii. Preparation of the Annual Budget of the Block Development Council and it submission to District Planning and Development Board.
iv. Assisting the administration in distribution of relief and compensation during the natural clamities/disaster.
v. Performing such functions and executing such works as may be entrusted to it by the Government or the District Planning and Development Board.
vi. Construction and upkeep of block level Government facilities as transferred.
(B) Specific Functions : -
### 1. Agriculture, Animal, Sheep, Fisheries and Horticulture Department : - i. Prepare agriculture plan in consultation with the field functionaries of the Agriculture Production Department, at Block level for submission to the 'District Planning and Development Board' for approval.
ii. Consolidate demand received from Halqa Panchayats and submit to the District Planning and Development Board.
iii. Monitoring of agriculture extension activities.
iv. Monitoring of ongoing schemes under technical guidance of departmental staff.
v. To ensure close surveillance of spread of diseases and timely liaison with the District Planning and Development Board/State Headquarter for control measures.
vi. Facilitating and supervising general and technical training at the Gram Panchayat level for preparation of comprehensive agricultural and horticultural plans.
vii. Maintenance of agriculture seed farms including Horticulture Nurseries.
viii. Conducting exhibitions of vegetable, fruits and other crops through Kisan Melas.
ix. Providing technical support to GPs through technical personnel and trainings to increase the income of improved methods of cultivation and training of farmers.
x. Consolidation of data collected by Gram Panchayats and preparation of block level plans for agriculture/horticulture production.
xi. Monitoring the distribution of insecticides, pesticides and other inputs.
xii. Coordination in respect of policy planning of animal/sheep husbandry programmes at block level.
xiii. To recommend holding of animal sterility/health camps.
xiv. To conduct exhibitions, livestock shows, animal fairs, milk yield competitions and calf rallies.
xv. Providing vaccines, medicines, medical aid to Gram Panchayat to take preventive measures to control epidemics and contagious diseases in animals.
xvi. Recommend measures for improvement of breed of Cattle, Poultry and other livestock.
xvii. Encourage promotion of co-operative societies for activities of Animal Husbandry, Dairies, Fisheries, marketing of agricultural/horticulture produce etc.
xviii. Collection of demand and distribution of seedlings to the fish farmers through Halqa Panchayats with technical support of officials of the Fisheries Department.
xix. Monitoring and reviewing of all functions and activities entrusted to Halqa Panchayats.
xx. Coordinating with the Agriculture/Horticulture Department in assessing the demand and organizing inputs, wherever made available by the department.
xxi. Coordinating with the Agriculture/Horticulture Department in organizing farmers training camps, study tour, seminars etc.
xxii. Organizing of demonstrations on improved varieties and technology through the Departments.
xxiii. Ensuring conduct of village-wise horticultural/ agriculture/animal/sheep census.
xxiv. Preparation of Action Plan for each inter panchayat water-shed through the concerned department.
### 2. Consumer Affairs and Public Distribution Department : - (i) Monitoring of the public distribution system including movement and availability of commodities
(ii) To take steps for identification and elimination of bogus ration cards.
(iii) To coordinate in the establishment of linkage of Public Distribution System Schemes with other welfare schemes.
(iv) To send periodical reports and returns about Public Distribution System to the District Planning and Development Board Distribution.
(v) Disseminate information and create awareness about Consumer Protection and Welfare Schemes.
### 3. Education Department : - i. To assess the drop-out position and initiate appropriate action to reduce it.
ii. Oversee the utilization of School Maintenance Grants (SMG) , Teaching Learning Material (TLM) and Teaching Learning Equipments (TLE) as per norms in Middle Schools.
iii. Assist in identification and enrolment of students for Government Middle Schools.
iv. Oversee distribution of study material, uniforms and scholarship to the target group students in Middle Schools.
v. Preparation and distribution of Mid-day Meal in Middle Schools through local SHGS/NGOs/ Community Level Committees for which the funds shall be transferred to Block Development Council. Block Development Council shall also ensure weekly quality checks of the Mid-day Meals through designated agencies and take immediate action, if any, adverse reports are received.
vi. Oversee and report on the functioning of Village Education Committee (VECs) /School Management Committees (SMCs) at Middle School level.
vii. Assess and plan requirement of drinking water and toilet facilities in Middle Schools and ensure that it is met.
viii. Promotion of adult literacy and planning and monitoring both conventional and non-conventional education at block level.
ix. Coordinating Centrally and State Sponsored Programs relating to Education.
x. Construction and maintenance of Middle School Buildings as transferred by the Government.
xi. Promotion of social education through youth clubs and Mahila Mandals.
xii. Planning, establishment, management of hostels at middle school level for backward class and groups, girls, specially abled, minority groups and orphans.
### 4. Forest Department : - (i) Preparation of action plans for afforestration in respect of lands identified by the Halqa Panchayats in consultation with concerned Range Officers. This will also include nursery raising.
(ii) Monitor execution of micro plans through Halqa Panchayat as per approved physical and financial targets.
(iii) Submission of periodical consolidated accounts and reports to District Planning and Development Board.
(iv) Monitor cases of over exploitation and submit recommendations to Forest Department for its regulation.
(v) Supervision of soil conservation works of Forest Department.
(vi) Supervision of afforestation, plantation and nursery works within their area.
(vii) Supervise the protection of wildlife and assist Wildlife Department in addressing Man-Animal conflict.
(viii) Produce and distribute saplings and seedlings to Gram Panchayat when required from Block Level Nurseries for promotion of farm forestry.
(ix) Conducting trainings, workshops for providing technical knowledge to Gram Panchayat in the field of fodder development and fuel plantation.
(x) Planting and maintenance of trees on the sides of roads and other public lands under its control.
### 5. Health and Family Welfare Department : - (i) Constitution of Health and Family Welfare Advisory Committees for Community Health Centers.
(ii) To create awareness among the masses about the National Health Programmes by way of organizing health and family camps, exhibitions and Melas.
(iii) Construction and maintenance of Community Health Centers, staff quarters and other health facilitates as transferred by the Government.
(iv) To take all effective measures with the assistance of health functionaries to control epidemics in the Block Development Council areas.
(v) Promotion of immunization and vaccination programmes and ensure 100% children and pregnant woman are immunized.
(vi) Establishment of a system/mechanism for continuous support to Gram Panchayat to manage health services and sanitation programmes.
(vii) Setting up and managing facilities and centers for specially abled and mentally challenged people.
(viii) Planning and implementation of family welfare programmes at Block Development Council level.
(ix) Ensuring all constructions/offices/procedures within the block are specially-abled friendly.
### 6. Industries and Commerce Department : - (i) Assistance in the recovery of loans by Banks/ Government Institutions/Departments.
(ii) Provide information with regard to availability of skills in the area and future demand.
(iii) Identify the locations and target groups in their respective area of operation where there is a potential of conducting Industrial Awareness Programmes/Entrepreneurship Development Programmes/awareness camps for artisans, weavers, craft persons etc.
(iv) Assist in the identification of beneficiaries under PMEGP/JKEGP.
(v) Identify land for establishing Industrial Areas/ Estates within their jurisdiction and submit the proposal to District Planning and Development Board for consideration.
(vi) Organization of conferences, seminars, training programmes agricultural and industrial exhibitions.
(vii) Establishment of mini industrial estates.
(viii) Formation and implementation of self employment schemes.
(ix) Creation of input services and common facility centres for Gram Panchayat Clusters or for group of Gram Panchayats.
(x) Providing financial support to cluster level common facility centers.
### 7. Public Works (R&B) Department : - (i) Monitoring of constructions by Halqa Panchayats and other agencies.
(ii) Identification of inter-panchayat link roads and their inclusion in the Block Development Council Plan.
(iii) Maintenance of such rural roads which may be transferred by Public Works Department to Block Development Council.
(iv) To keep vigil and bring to the notice of appropriate authority of the Public Works Department the cases of gross mis-utilization of funds, corrupt practices etc. by the staff of department, contractors and sub-contractors while executing various schemes and the encroachments on the roads/other structures.
(v) Maintenance of any building or other property vested in Block Development Council.
(vi) Identify black spots (frequent accident sites) and recommend remedial measures to District Planning and Development Board.
### 8. Public Health Engineering and Irrigation and Flood Control Department : - (i) Identification of potential schemes including water harvesting covering more than one Halqa Panchayat within the jurisdiction of Block Development Council.
(ii) To take measures for prevention and control of water pollution.
(iii) To keep vigil and bring to the notice of appropriate authority of all Departments the cases of gross mis-utilization of funds, corrupt practices etc. by the staff of the Departments, contractors and sub- Contractors while executing various schemes.
(iv) Prevention and control of water pollution.
(v) Implementation of community and individual irrigation works.
### 9. Revenue Department : - (i) To help revenue officials in identification of landless/houseless families/persons for formulation of a policy regarding utilization of waste/vacant State land, identification thereof, which is however not required for any other public purpose at block level.
(ii) Supervise the work entrusted in revenue matters to Panchayats and formulation of policy at the block level for removal of encroachments on State/ Kahcharai/Water bodies/common land.
(iii) Assistance to the legal machinery in conduct of legal proceedings (e. g. publication of notices in the entire area, identification of vacant State land in different Halqa Panchayats areas etc.)
(iv) To report regarding wrong entries in revenue record, malpractices, tampering of records, land conversion to the Tehsildar/SDM/Deputy Commissioner or higher authorities as the case may be.
(v) Assisting the local administration and revenue functionaries in periodic updating of land records viz-a-viz changes in the situation on ground through the conduct of the annual girdawari, preparation of jamabandi and all other revenue documents.
### 10. Social Welfare Department : - (i) Guide and assist the staff of the departments in implementing the various schemes in the Block Development Council area as per the guidelines of the schemes.
(ii) Assist in providing logistic support to facilitate smooth implementation of the programmes.
(iii) Coordinate with District Planning and Development Board and Panchayats in implementation of schemes for the welfare of Disabled/Old-Aged/Destitutes/Widows/Children/ Minorities/SCs/STs/OBCs.
(iv) Coordinate with District Planning and Development Board in creating awareness among the people against social evils of drug abuse, female feticide, domestic violence and also in implementation of all schemes like Beti Bachao Beti Padhao/Ladli Beti, One Stop Centre, PMMVY etc.
(v) Organize camps for creating awareness among the women about the laws enacted to prevent domestic violence against women and promotion, implementation and monitoring of programmes in relation to development and empowerment of women and children at block level.
(vi) Planning and management of hostels for scheduled castes, scheduled tribes and backward communities, Bal Ashrams, Blind homes, Nari Niketan, One stop homes, juvenile justice homes and other such social justice institutions through SHGs/NGOs/Community Level Organizations.
(vii) To prevent, through awareness campaigns, social, cultural practices against Scheduled Tribes and Scheduled Castes and backward communities which undermine freedom and dignity of individual and community.
(viii) Monitoring old-age, widow pension and pension for handicapped/disabled and scholarships by the Halqa Panchayats.
### 11. Tourism Department : - (i) Identification and proposing development in inter Halqa Panchayats tourist spots in Block Development Council area.
(ii) Promotion of tourism activities in Block Development Council.
(iii) Providing basic amenities at tourist centers under the jurisdiction of Block Development Council.
(iv) Development and maintenance of tourist attraction destinations under the ambit of Block Development Council to the extent of transferred to Block Development Council.
### 12. Disaster Management : - (i) Creation and maintenance of disaster management facilities at Block Development Council level.
(ii) Creation of disaster management committees at block level and identification, registration of civil defence committees.
(iii) Identification of youth for disaster management training at block level.
(iv) Assisting district administration and Halqa Panchayat in providing relief and compensation to the victims of disasters.
(v) Conduct of mitigation programmes with regard to disasters.
### 13. Libraries. - (i) Creation, management and monitoring of libraries and reading rooms including providing of seating facilities, books etc. at block level. ###
14. Sports and Cultural activities : -
(i) Organization of art and culture programmes at inter-panchayat level.
(ii) Promotion of youth clubs at block level.
(iii) Maintenance of communal and religious harmony.
(iv) Construction and management of cultural centres, community halls and open air theatres at block level for organizing different inter-panchayat functions.
(v) Organization of youth festivals/other events at inter-panchayat level.
(vi) Providing of life skill education, leadership training and conducting recreational activities for youth at inter-panchayat level.
### 15. Rural Development Department : - (i) Consolidation of Annual Action Plans of Halqa Panchayat under different schemes to the extent transferred as per the Schedule I-A and monitor/ supervise the implementation of various programmes at the Halqa Panchayat level.
(ii) Preparing and implementing of Inter-Panchayat Plans under different schemes to the extent transferred by the Government as per Schedule II-A.
(iii) Monitor the distribution of job cards to the eligible households under MGNREGA.
(iv) Monitoring and evaluation of all poverty alleviation programmes and coverage of women SC, ST and other beneficiaries through different programmes.
(v) Organizing the auction of the produce from the community assets to the extent powers transferred by the Government as per the rules made thereunder.
(vi) Development and maintenance places for fairs/ mandies/other events.
(vii) Supervision and monitoring of rural sanitation programmes and its execution by the Halqa Panchayats.
(viii) Prevention of misuse of community assets of the Block Development Council.
(ix) Organize training and awareness camps for different schemes and programmes.
(x) Monitor the use of community assets created under various Rural Development Schemes.
(xi) Establishment and maintenance of solid and liquid waste management projects.
(xii) Provide technical support to the Gram Panchayat.
### 16. Other functions: - (i) Facilitate promotion of block level co-operative societies.
(ii) Providing technical support to Gram Panchayats for the protection of environment and ecology.
(iii) Collection and compilation of block data and maintaining data base.
(iv) Recording of the history, culture, heritage of the block.
(v) Conducting surveys and studies to determine the human development of the block.
(vi) Periodical calculation of human development index.
(vii) Making available all data to the people.
(viii) Awareness generation and information, education and communication activities for all Government schemes.
(ix) Maintaining all community assets vested in the block as are transferred by the Government or any local authority or organization.
(x) Preservation and maintenance of community assets.
[Schedule II-B]
[Inserted by Act No. 20 of 2018, dated 16.10.2018.]
(See Section 31)
### 1. As per the provisions of this Act Block Development Council shall have the powers to carry out various duties/functions for the Socio Economic Development and Social Justice of the area. For this Block Development Council requires staff for providing necessary help and guidance in carrying out the duties imposed on it by this Act. ###
2. Every Block Development Council shall have a Member-Secretary who shall be the Block Development Officer of Rural Development and Panchayati Raj Department as contained in sub-section (3) of section 28. The office of the Block Development Officer shall function as Block Development Council Secretariat.
### 3. The Block Level Officers of the departments contained in the Schedule II-A associated with the implementation of the various schemes at block level and providing technical guidance to the Halqa Panchayat for carrying out various duties shall be the staff of Block Development Council for helping them in carrying out various functions as per the Schedule II-A including and not limited to Sub-Divisional Agriculture Officer, Live Stock Development Officer, Sheep Development Officer, Block Veterinary Officer, Tehsil Supply Officer, Inspector Legal Meteorology, Zonal Education Officer, Zonal Planning Officer, Head Masters/Mistresses of Middle Schools, Field Supervisor of Fisheries Department, Range Officer, Horticulture Development Officer, Block Medical Officer, ANM/Medical Superintendent/Female and Male Multipurpose workers of CHCs, Assistant Handicraft Training Officer and Instructor of Industries and Commerce Department, Assistant Executive Engineers/Assistant Engineers of all Engineering Departments. ###
4. Dedicated staff engaged for the subject contained in the Schedule II-A under Centrally and State Sponsored Schemes functioning at block level shall also be the staff of Block Development Council :
Provided that the pay, dues and other allowances, of the permanent staff shall be drawn and disbursed by the respective department as per the procedure in vogue. The honorarium of the dedicated staff shall be drawn and disbursed by the departments as per the procedure laid down in the guidelines by the respective departments.
### 5. Block Development Council may engage staff at its level only after formal sanction from the Government for such engagement .
|
65ba7b9fab84c7eca86eb984 | acts |
Union of India - Act
----------------------
The Companies (Compliance Certificate) Rules, 2001
----------------------------------------------------
UNION OF INDIA
India
The Companies (Compliance Certificate) Rules, 2001
====================================================
Rule THE-COMPANIES-COMPLIANCE-CERTIFICATE-RULES-2001 of 2001
--------------------------------------------------------------
* Published on 1 February 2001
* Commenced on 1 February 2001
The Companies (Compliance Certificate) Rules, 2001
Published vide Notification in the Gazette of India, Extra: part 2, Section 3(i) , dated 1.2.2001
### 1638. G.S.R. 52(E) , - In exercise of the powers conferred by sub-section (1) of section 642 read with proviso to sub-section (1) of section 383A 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 Companies (Compliance Certificate) Rules, 2001.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definition.-
In these rules, unless the context otherwise requires:-
(a) "Act" means the Companies Act, 1956 (
1 of 1956
);
(b) "Certificate" means a certificate referred to in the proviso to sub-section (1) of section 383A of the Act;
(c) "Form" means Form appended to these rules; and
(d) The words and expressions used in these rules but not defined in these rules shall have the same meanings respectively assigned to them in the Act.
### 3. Other Conditions.-
(1) Every company not required to employ a whole-time secretary under subsection (1) of section 383A of the Act and having a paid-up share capital of ten lakh rupees or more shall obtain a certificate from a secretary in whole-time practice.
(2) The company referred to in sub-rule (1) shall file with the Registrar a certificate in Form or as near thereto as circumstances admit in respect of each financial year within thirty days from the date on which its annual general meeting was held:
Provided that where the annual general meeting of such company for any year has not been held, there shall be filed with the Registrar such certificate within thirty days from the latest day on or before which that meeting should have been held in accordance with the provisions of the Act.
(3) Every secretary in whole-time practice for the purpose of issue of certificate referred to in sub-rule (2) shall have right to access at all times to the registers, books, papers, documents and records of the company whether kept in pursuance of the Act or any other Act or otherwise and whether kept at the registered office of the company or elsewhere and shall be entitled to require from the officers or agents of the company, such information and explanations as the secretary in whole-time practice may think necessary for the purpose of such certificate.
(4) Every certificate referred to in sub-rule (2) shall be laid by the company in its annual general meeting.
FORM
[SEE RULE 3]
Compliance Certificate
To,
The Members,
................(Name of the company)
I/We have examined the registers, records, books and papers of ................Limited (the Company) as required to be maintained under the Companies Act, 1956, (the Act) and the rules made thereunder and also the provisions contained in the Memorandum and Articles of Association of the Company for the financial year ended on 31st March, 20........ In my/our opinion and to the best of my/our information and according to the examinations carried out by me/us and explanations furnished to me/us by the company, its officers and agents, I/we certify that in respect of the aforesaid financial year.
### 1. the company has kept and maintained all registers as stated in Annexure `A' to this certificate, as per the provisions and the rules made thereunder and all entries therein have been duly recorded. ###
2. the company has duly filed the forms and returns as stated in Annexure `B' to this certificate, with the Registrar of Companies, Regional Director, Central Government. Company Law Board or other authorities within the time prescribed under the Act and the rules made thereunder.
### 3. the company being private limited company has the minimum prescribed paid-up capital and its maximum number of members during the said financial year was ................ excluding its present and past employees and the company during the year under scrutiny: (i) has not invited public to subscribe for its shares or debentures; and
(ii) has not invited or accepted any deposits from persons other than its members, directors or their relatives.
### 4. the Board of Directors duly met ........... times on ........... (dates) in respect of which meetings proper notices were given and the proceedings were properly recorded and signed including the circular resolutions passed in the Minutes Book maintained for the purpose.
### 5. the company closed its Register of Members, and/or Debenture holders from ........... to ........... and necessary compliance of section 154 of the Act has been made.
### 6. the annual general meeting for the financial year ended on ........... was held on ........... after giving due notice to the members of the company and the resolutions passed thereat were duly recorded in Minutes Book maintained for the purpose.
### 7. ........... extra ordinary meeting(s) was/were held during the financial year after giving due notice to the members of the company and the resolutions passed thereat were duly recorded in the Minutes Book maintained for the purpose.
### 8. the company has advanced loan amounting to Rs............ to its directors and/or persons or firms or companies referred in the section 295 of the Act after complying with the provisions of the Act.
### 9. the company has duly complied with the provisions of section 297 of the Act in respect of contracts specified in that section.
### 10. the company has made necessary entries in the register maintained under section 301 of the Act.
### 11. the company has obtained necessary approvals from the Board of Directors, members and previous approval of the Central Government pursuant to section 314 of the Act wherever applicable.
### 12. the Board of Directors or duly constituted Committee of Directors has approved the issue of duplicate share certificates.
### 13. the Company has :
(i) delivered all the certificates on allotment of securities and on lodgement thereof for transfer/transmission or any other purpose in accordance with the provisions of the Act.
(ii) deposited the amount of dividend declared including interim dividend in a separate Bank Account on ...........which is within five days from the date of declaration of such dividend.
(iii) paid/posted warrants for dividends to all the members within a period of 30 (Thirty) days from the date of declaration and that all unclaimed/unpaid dividend has been transferred to Unpaid Dividend Account of the Company with ...........Bank on ............
(iv) transferred the amounts in unpaid dividend account, application money due for refund, matured deposits, matured debentures and the interest accrued thereon which have remained unclaimed or unpaid for a period of seven years to Investor Education and Protection Fund.
(v) duly complied with the requirements of section 217 of the Act.
### 14. the Board of Directors of the company is duly constituted and the appointment of directors, additional directors, alternate directors and directors to fill casual vacancies have been duly made.
### 15. the appointment of Managing Director/ Whole-time Director/Manager has been made in compliance with the provisions of section 269 read with Schedule XIII to the Act and approval of the Central Government has been obtained in respect of appointment of ........... not being in terms of Schedule XIII.
### 16. the appointment of sole-selling agents was made in compliance of the provisions of the Act.
### 17. the company has obtained all necessary approvals of the Central Government, Company Law Board, Regional Director, Registrar or such other authorities as may be prescribed under the various provisions of the Act as detailed below:-
### 18. the directors have disclosed their interest in other firms/companies to the Board of Directors pursuant to the provisions of the Act and the rules made thereunder.
### 19. the company has issued .......... shares/debentures/other securities during the financial year and complied with the provisions of the Act.
### 20. the company has bought back........... shares during the financial year ending ...........after complying with the provisions of the Act.
### 21. the company has redeemed ........... preference shares/debentures during the year after complying with the provisions of the Act.
### 22. the company wherever necessary has kept in abeyance rights to dividend, rights shares and bonus shares pending registration of transfer of shares in compliance with the provisions of the Act.
### 23. the company has complied with the provisions of sections 58A and 58AA read with Companies (Acceptance of Deposit) Rules, 1975 the applicable directions issued by the Reserve Bank of India/ any other authority in respect of deposits accepted including unsecured loans taken, amounting to Rs............ raised by the company during the year and the company has filed the copy of Advertisement/Statement in lieu of Advertisement/ necessary particulars as required with the Registrar of Companies ........... on ............The company has also filed return of deposit with the Registrar of Companies/Reserve Bank of India/other authorities.
### 24. the amount borrowed by the Company from directors, members, public, financial institutions, banks and others during the financial year ending ........... is/are within the borrowing limits of the company and that necessary resolutions as per section 293(1) (d) of the Act have been passed in duly convened annual/extraordinary general meeting.
### 25. the company has made loans and investments, or given guarantees or provided securities to other bodies corporate in compliance with the provisions of the Act and has made necessary entries in the register kept for the purpose
### 26. the company has altered the provisions of the memorandum with respect to situation of the company's registered office from one state to another during the year under scrutiny after complying with the provisions of the Act
### 27. the company has altered the provisions of the memorandum with respect to the objects of the company during the year under scrutiny and complied with provisions of the Act.
### 28. the company has altered the provisions of the memorandum with respect to name of the company during the year under scrutiny and complied with the provisions of the Act.
### 29. the company has altered the provisions of the memorandum with respect to share capital of the company during the year under scrutiny and complied with the provisions of the Act.
### 30. the company has altered its articles of association after obtaining approval of members in the general meeting held on ........... and the amendments to the articles of association have been duly registered with the Registrar of Companies.
### 31. a list of prosecution initiated against or show cause notices received by the company for alleged offences under the Act and also the fines and penalties or any other punishment imposed on the company in such cases is attached.
### 32. the company has received Rs. ........... as security from its employees during the year under certification and the same has been deposited as per provisions of section 417(1) of the Act
### 33. the company has deposited both employee's and employer's contribution to Provident Fund with prescribed authorities pursuant to section 418 of the Act
Note: - The Qualification, reservation or adverse remarks, if any, may be stated at the relevant places.
Place:
Date :
Signature :
Name of Company Secretary :
C.P. No.:
Annexure A
Registers as maintained by the Company
### 1. .......u/s.......... ###
2. .......u/s..........
### 3. .......u/s.......... Annexure B
Forms and Returns as filed by the Company with the Registrar of Companies, Regional Director, Central Government or other authorities during the financial year ending on 31st March, 20.......
### 1. Form No...........Filed u/s..........for.......... ###
2. Form No...........Filed u/s..........for..........
### 3. Form No...........Filed u/s..........for......... .
|
65b94523ab84c7eca86e8c4a | acts |
International Treaty - Act
----------------------------
Extradition Treaty between the Government of the Republic of India and the Government of the United States of America
-----------------------------------------------------------------------------------------------------------------------
TREATY
India
Extradition Treaty between the Government of the Republic of India and the Government of the United States of America
=======================================================================================================================
Rule EXTRADITION-TREATY-BETWEEN-THE-GOVERNMENT-OF-THE-REPUBLIC-OF-INDIA-AND-THE-GOVERNMENT-OF-THE-UNITED-STATES-OF-AMERICA of 1999
------------------------------------------------------------------------------------------------------------------------------------
* Published on 14 September 1999
* Commenced on 14 September 1999
Extradition Treaty between the Government of the Republic of India and the Government of the United States of America
Published vide Notification No. G.S.R. 633(E) , dated 14th September, 1999
Ministry of External Affairs
Order
G.S.R. 633(E) . - Whereas the Extradition Treaty between the Government of the Republic of India and the Government of the United States of America was signed at Washington D.C. on 25th June, 1997 and in accordance with Article 23 of the Treaty Instruments of ratification were exchanged at New Delhi on 21st July, 1999 and which treaty provides as follows:
Article 1
Obligation to Extradite
The Contracting Stages agree to extradite to each other, pursuant to the provisions of this Treaty, person who, by the authorities in the Requesting State are formally accused of, charged with or convicted of an extraditable offence, whether such offence was committed before or after the entry into force of the Treaty.
Article 2
Extraditable Offenses
### 1. An offense shall be an extraditable offense if it is punishable under the laws in both Contracting States by deprivation of liberty, including imprisonment, for a period of more than one year or by a more severe penalty.
### 2. An offense shall also be an extraditable offense if it consists or an attempt or a conspiracy to commit, aiding or abetting, counselling or procuring the commission of or being an accessory before or after the fact to, any offense described in paragraph 1.
### 3. For the purposes of this Article, an offense shall be an extraditable offense:
(a) whether or not the laws in the Contracting States place the offense within the same category of offenses or describe the offense by the same terminology;
(b) whether or not the offense is one for which United States federal law requires the showing of such matters as interstate transportation, or use of the mails or of other facilities affecting interstate or foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a United States federal court; or
(c) whether or not it relates to taxation or revenue or is one of a purely fiscal character.
### 4. Extradition shall be granted for an extraditable offense regardless of where the act or acts constituting the offense were committed.
### 5. If extradition has been granted for an extraditable offense, it shall also be granted for any other offense specified in the request, even if the latter offense is punishable by less than one year's deprivation of liberty, provided that all other requirements for extradition are met.
Article 3
Nationality
Extradition shall not be refused on the ground that the person sought is a national of the Requested State.
Article 4
Political Offenses
### 1. Extradition shall not be granted if the offense for which extradition is requested is a political offense. ###
2. For the purposes of this Treaty, the following offenses shall not be considered to be political offenses:
(a) a murder or other willful crime against the person of a Head of State or Head of Government of one of the Contracting States, or of a member of the Head of State's or Head of Government's family;
(b) aircraft hijacking offenses, as described in the Hague Convention for the Suppression of Unlawful Seizure of Aircraft, done at the Hague on December 16, 1970;
(c) acts of aviation sabotage, as described in the Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on September 23, 1971;
(d) crimes against internationally protected persons, including diplomats, as described in the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, done at New York on December 14, 1973;
(e) hostage taking, as described in the International Convention against the Taking of Hostages, done at New York on December 17, 1979;
(f) offenses related to illegal drugs, as described in the Single Convention on Narcotic Drugs, 1961, done at New York on March 30, 1961, the Protocol Amending the Single Convention on Narcotic Drugs, 1961, done at Geneva on March 25, 1972, and the United Nations Convention against Illicit Traffic in Narcotics Drugs and Psycho tropic Substances, done at Vienna on December 20, 1988;
(g) any other offense for which both Contracting States have the obligation pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for decision as to prosecution; and
(h) a conspiracy or attempt to commit any of the foregoing offenses, or aiding or abetting a person who commits or attempts to commit such offenses.
Article 5
Military Offenses and Other Bases for Denial of Extradition
### 1. The executive authority of the Requested State may refuse extradition for offenses under military law which are not offenses under ordinary criminal law. ###
2. Extradition shall not be granted if the executive authority of the Requested State determines that the request was politically motivated.
Article 6
Prior Prosecution
### 1. Extradition shall not be granted when the person sought has been convicted or acquitted in the Requested State for the offense for which extradition is requested. ###
2. Extradition shall not be precluded by the fact that the authorities in the Requested State have decided not to prosecute the person sought for the acts for which extradition is requested, or to discontinue any criminal proceedings which have been instituted against the person sought for those acts.
Article 7
Lapse of Time
Extradition shall not be granted when the prosecution has become barred by lapse of time according to the laws of the Requesting State.
Article 8
Capital Punishment
### 1. When the offense for which extradition is sought is punishable by death under the laws in the Requesting State and is not punishable by death under the laws in the Requested State, the Requested State may refuse extradition unless: (a) the offense constitutes murder under the laws in the Requested State; or
(b) the Requesting State provides assurances that the death penalty, if imposed, will not be carried out.
### 2. In instances in which a Requesting State provides an assurance in accordance with paragraph (1) (b) of this Article, the death penalty, if imposed by the courts of the Requesting State, shall not be carried out. Article 9
Extradition Procedures and Required Documents
### 1. All requests for extradition shall be submitted through the diplomatic channel. ###
2. All requests for extradition shall be supported by:
(a) documents, statements, or other types of information which describe the identity and probable location of the person sought;
(b) information describing the facts of the offense and the procedural history of the case;
(c) a statement of the provisions of the law describing the essential elements of the offense for which extradition is requested;
(d) a statement of the provisions of the law describing the punishment tor the offense; and
(e) the documents, statements, or other types of information specified in paragraph 3 or paragraph 4 of this Article, as applicable.
### 3. A request for extradition of a person who is sought for prosecution shall also be supported by: (a) a copy of the warrant or order of arrest, issued by a judge or other competent authority;
(b) a copy of the charging document, if any; and
(c) such information as would justify the committal for trial of the person if the offense had been committed in the Requested State.
### 4. A request for extradition relating to a person who has been convicted of the offense for which extradition is sought shall also be supported by: (a) a copy of the judgment of conviction or, if such copy is not available, a statement by a judicial authority that the person has been convicted;
(b) information establishing that the person sought is the person to whom the conviction refers;
(c) a copy of the sentence imposed, if the person sought has been sentenced, and a statement establishing to what extent the sentence has been carried out; and
(d) in the case of a person who has been convicted in absentia, the documents required in paragraph 3.
Article 10
Admissibility of Documents
The documents which accompany an extradition request shall be received and admitted as evidence in extradition proceedings if:
(a) in the case of a request from the United States, they are certified by the principal diplomatic or principal consular officer of the Republic of India resident in the United States;
(b) in the case of a request from the Republic of India, they arc certified by the principal diplomatic or principal consular officer of the United States resident in the Republic of India, as provided by the extradition laws of the United States; or
(c) they are certified or authenticated in any other manner accepted by the laws in the Requested State.
Article 11
Translation
All documents submitted by the Requesting State shall be in English.
Article 12
Provisional Arrest
### 1. In case of urgency, a Contracting State may request the provisional arrest of the person sought pending presentation of the request for extradition. A request for provisional arrest may be transmitted through the diplomatic channel. The facilities of the International Criminal Police Organization (Interpol) may be used to transmit such a request. ###
2. The application for provisional arrest shall contain:
(a) a description of the person sought;
(b) the location of the person sought, if known;
(c) a brief statement of the facts of the case, including, if possible, the time and location of the offense;
(d) a description of the laws violated;
(e) a statement of the existence of a warrant of arrest or a finding of guilt or judgment of conviction against the person sought; and
(f) a statement that a request for extradition for the person sought will follow.
### 3. The Requesting State shall be notified without delay of the disposition of its application and the reasons for any denial. ###
4. A person who is provisionally arrested may be discharged from custody upon the expiration of sixty (60) days from the date of provisional arrest pursuant to this Treaty if the executive authority of the Requested State has not received the formal request for extradition and the supporting documents required in Article 9.
### 5. The fact that the person sought has been discharged from custody pursuant to paragraph (4) of this Article shall not prejudice the subsequent rearrest and extradition of that person if the extradition request and supporting documents are delivered at a later date. Article 13
Decision and Surrender
### 1. The Requested State shall promptly notify the Requesting State through the diplomatic channel of its decision on the request for extradition. ###
2. If the request is denied in whole or in part, the Requested State shall provide the reasons for the denial. The Requested State shall provide copies of pertinent judicial decisions upon request.
### 3. If the request for extradition is granted, the authorities of the Contracting States shall agree on the time and place for the surrender of the person sought. ###
4. If the person sought is not removed from the territory of the Requested State within the time prescribed by the laws in that State, that person may be discharged from custody, and the Requested State may subsequently refuse extradition for the same offense.
Article 14
Temporary and Deferred Surrender
### 1. If the extradition request is granted in the case of a person who is being prosecuted or is serving a sentence in the Requested State, the Requested State, subject to its laws, may temporarily surrender the person sought to the Requesting State for the purpose of prosecution. The person so surrendered shall be kept in custody in the Requesting State and shall be returned to the Requested State after the conclusion of the proceedings against that person, in accordance with conditions to be determined by agreement of the Contracting States. ###
2. The Requested State may postpone the extradition proceedings against a person who is being prosecuted or who is serving a sentence in that State. The postponement may continue until the prosecution of the person sought has been concluded or until such person has served any sentence imposed.
Article 15
Requests for Extradition Made by More than One State
If the Requested State receives requests from the other Contracting State and from any other State or States for the extradition of the same person, either for the same offense or for different offenses, the executive authority of the Requested State shall determine to which State it will surrender the person. In making its decision, the Requested State shall consider all relevant factors, including but not limited to:
(a) whether the requests were made pursuant to treaty;
(b) the place where each offense was committed:
(c) the respective interests of the Requesting States;
(d) the gravity of the offenses;
(e) the nationality of the victim;
(f) the possibility of further extradition between the Requesting States; and
(g) the chronological order in which the requests were received from the Requesting States.
Article 16
Seizure and Surrender of Property
### 1. To the extent permitted under its laws, the Requested State may seize and surrender to the Requesting State all articles, documents, and evidence connected with the offense in respect of which extradition is granted. The items mentioned in this Article may be surrendered even when the extradition cannot be effected due to the death, disappearance, or escape of the person sought. ###
2. The Requested State may condition the surrender of the property upon satisfactory assurances from the Requesting State that the property will be returned to the Requested State as soon as practicable. The Requested State may also defer the surrender of such property if it is needed as evidence in the Requested State.
### 3. The rights of third parties in such property shall be duly respected. Article 17
Rule of Speciality
### 1. A person extradited under this Treaty may not be detained, tried, or punished in the Requesting State except for: (a) the offense for which extradition has been granted or a differently denominated offense based on the same facts on which extradition was granted, provided such offense is extraditable or is a lesser included offense;
(b) an offense committed after the extradition of the person; or
(c) an offense for which the executive authority of the Requested State consents to, the person's detention, trial, or punishment. For the purpose of this sub paragraph;
(i) the Requested State may require the submission of the documents called for in Article 9; and
(ii) the person extradited may be detained by the Requesting State for 90 days, or for such longer period of time as the Requested State may authorize, while the request is being processed.
### 2. A person extradited under this Treaty may not be extradited to a third State for an offense committed prior to his surrender unless the surrendering State consents. ###
3. Paragraphs 1 and 2 of this Article shall not prevent the detention, trial, or punishment of an extradited person, or the extradition of that person to a third State, if;
(a) that person leaves the territory of the Requesting State after extradition and voluntarily returns to it; or
(b) that person does not leave the territory of the Requesting State within 15 days of the day on which that person is free to leave.
Article 18
Waiver of Extradition
If the person sought consents to surrender to the Requesting State, the Requested State may, subject to its laws, surrender the person as expeditiously as possible without further proceedings.
Article 19
Transit
### 1. Either Contracting State may authorize transportation through its territory of a person surrendered to the other State by a third State. A request for transit shall be made through the diplomatic channel. The facilities of Interpol may be used to transmit such a request. It shall contain a description of the person being transported and a brief statement of the facts of the case. A person in transit may be detained in custody during the period of transit. ###
2. No authorization is required where air transportation is used and no landing is scheduled on the territory of the Contracting State. If an unscheduled landing occurs on the territory of the other Contracting State, the other Contracting State may require the request for transit as provided in paragraph 1. That Contracting State shall detain the person to be transported until the request for transit is received and the transit is effected, so long as the request is received within 96 hours of the unscheduled landing.
Article 20
Representation and Expenses
### 1. The Requested State shall advise, assist, appear in court on behalf of the Requesting State, and represent the interests of the Requesting State, in any proceeding arising out of a request for extradition. ###
2. The Requesting State shall bear the expenses related to the translation of documents and the transportation of the person surrendered. The Requested State shall pay all other expenses incurred in that State by reason of the extradition proceedings.
### 3. Neither State shall make any pecuniary claim against the other State arising out of the arrest, detention, examination, or surrender of persons sought under this Treaty. Article 21
Consultation
The competent authorities of the United States and the Republic of India may consult with each other directly or through the facilities of Interpol in connection with the processing of individual cases and in furtherance of maintaining and improving procedures for the implementation of this Treaty.
Article 22
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 an offense for which extradition has been requested.
Article 23
Ratification and Entry into Force
### 1. This Treaty shall be subject to ratification; the instruments of ratification shall be exchanged as soon as possible. ###
2. This Treaty shall enter into force upon the exchange of the instruments of ratification.
### 3. Upon the entry into force of this Treaty, the Treaty for the Mutual Extradition of Criminals between The United States of America and Great Britain, signed at London December 22, 1931, shall cease to have any effect between the Government of the Republic of India and the Government of the United States of America. Nevertheless, the prior Treaty shall apply to any extradition proceedings in which the extradition documents have already been submitted to the courts of the Requested State at the time this Treaty enters into force, except that Article 17 of this Treaty shall be applicable to such proceedings. Article 24
Termination
Either Contracting State may terminate this Treaty at any time by giving written notice to the other Contracting State, any the termination shall be effective six months after the date of such notice.
In Witness Whereof, the undersigned, being duly authorized by their respective Governments have signed this Treaty.
Done at Washington, D.C., in duplicate, this twenty-fifth day of June, 1997, in the English and Hindi languages, both texts being equally authentic.
Now, therefore, in exercise of the power conferred by Sub-Section (1) of Section 3 of the Extradition Act, 1962 (34 of 1962), in suppression of the notification G.S.R. No. 493 dated 1st April, 1966, the Central Government hereby directs that the provisions of the said Act, other them chapter III, shall apply to the United States of America with effect from the date of Publication of this notification.
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65ba6ba8ab84c7eca86eb3ef | acts |
Union of India - Act
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The Ancient Monuments and Archaeological Sites and Remains (Framing of Heritage Bye-laws and Other Functions of the Competent Authority) Rules, 2011
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UNION OF INDIA
India
The Ancient Monuments and Archaeological Sites and Remains (Framing of Heritage Bye-laws and Other Functions of the Competent Authority) Rules, 2011
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Rule THE-ANCIENT-MONUMENTS-AND-ARCHAEOLOGICAL-SITES-AND-REMAINS-FRAMING-OF-HERITAGE-BYE-LAWS-AND-OTHER-FUNCTIONS-OF-THE-COMPETENT-AUTHORITY-RULES-2011 of 2011
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* Published on 23 August 2011
* Commenced on 23 August 2011
The Ancient Monuments and Archaeological Sites and Remains (Framing of Heritage Bye-laws and Other Functions of the Competent Authority) Rules, 2011
Published vide Notification No. G.S.R. 636(E) , dated 23rd August, 2011
Ministry of Culture
(Archaeological Survey of India)
G.S.R. 636(E) . - Whereas draft Ancient Monuments and Archaeological Sites and Remains (Framing of Heritage Bye-Laws and other Functions of the Competent Authority) Rules, 2011 were published vide Notification of the Government of India, Ministry of Culture, Archaeological Survey of India number G.S.R. 86 (E) dated the 11th February, 2011 published in the Gazette of India, Part-II, Section 3, Sub-section (i) as required by sub-section (1) of section 38 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958) inviting objections and suggestions from all persons likely to be affected thereby before the expiry of the period of thirty days from the date on which the copies of the said Gazette Notification are made available to the public;
And whereas, the said Gazette was made available to the public on 18th February, 2011;
And whereas, the objections received before the due date have been duly considered and disposed of by the Central Government;
Now, therefore, in exercise of the powers conferred by clauses (cb) , (cc), (cd) and (ce) of sub-section (2) of section 38 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), the Central Government hereby makes the following rules; namely: -
### 1. Short title and commencement.
(1) These rules may be called the Ancient Monuments and Archaeological Sites and Remains (Framing of Heritage Bye-laws and Other Functions of the Competent Authority) Rules, 2011.
(2) They shall come into force on their publication in the Official Gazette.
### 2. Definitions.
- In these rules, unless the context otherwise requires, -
(a) "Act" means the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958);
(b) "competent authority" means the competent authority notified by the Central Government under sub-section (db) of section 2 of the Act;
(c) "Authority" means the National Monuments Authority constituted under section 20F of the Act;.
(d) "Form" means the form annexed to these rules;
(e) "Schedule" means the Schedule appended to these rules;
### 3. Appointment of supporting staff.
- The Central Government may provide supporting, technical and administrative staff as required, for the proper and efficient functioning of each office of the competent authority.
### 4. Functions of the competent authority.
(1) The competent authority shall receive and process applications received for repair, renovation, construction and reconstruction in the regulated and prohibited area of protected monuments and protected areas, and forward the same to the Authority for its approval.
(2) The competent authority shall obtain archaeological assessment reports, survey or inspection reports connected with grant of permissions related to major development projects, public project, project essential to public in the context of conveying its recommendations to the Authority.
(3) The competent authority shall formulate time bound programmes for preparation of detailed site plans for regulated and prohibited area, protected monument and protected area.
(4) The competent authority shall formulate time bound programme for preparation of heritage bye-laws for prohibited area or regulated area of each protected monument and protected area.
(5) The protected monuments under different categories to be identified by the Authority shall be clubbed by the competent authority on the basis of location, architectural style, comparative analysis, attributes and value and such other features to enable time bound completion of heritage bye laws.
(6) The competent authority shall develop a website to host information related to construction, reconstruction, repair, renovation, bye-laws, detailed site plans, awareness, capacity building and to publish its activities.
(7) The competent authority shall have regular interaction with the Authority to accomplish above mentioned tasks.
(8) The competent authority shall maintain a database and registers with regard to applications received for repair, renovation, construction, reconstruction, permissions granted, refused, permissions revalidated, site plans and heritage bye-laws.
### 5. Receipts of applications for grant of permissions.
- The competent authority shall receive five sets of duly completed applications as per Form I at least three months before the commencement of the proposed work and process them with due care for the grant of permission for repair, renovation, construction or reconstruction in the prohibited or regulated area of each protected monument and protected area, as the case may be.
### 6. Processing of applications under various categories.
- The competent authority shall consider processing of the applications so received under the following categories, namely :-
I. Large scale development projects involving construction proposed by the State Government or the Central Government, public sector, private bodies or any person, such as multi-purpose dams, hydro-electric projects, townships, industrial plants, airports or such other projects.
II. Public utility projects involving construction by the State Government or the Central Government, private-public sector, such as roads, highways, pathways, drains, sewage lines, water tank/lines (both above the ground and under ground), transportation, metro railways (above and underground), bus station, etc. or such other projects.
Provided that the public works shall not include maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences, or, the construction and maintenance of works meant for providing supply of water for public, or construction or maintenance, extension, management for supply and distribution of electricity to the public or provision for similar facilities to the public.
III. Construction of public amenities to be provided by State Government, the Central Government, non-Governmental organizations, public sector undertakings, local bodies or private bodies or any person, such as, drinking water facility, toilets, kiosks, facilities for physically challenged, publication counter, souvenir shops, ticket booths, information counters, visitor facilitation centres, parking facilities for various types of vehicles or generator rooms.
IV. Re-construction of residential buildings or structures in the land owned by any person, office building or structure owned by private, public sectors, the State Government or the Central Government or any other agency located in the regulated area.
V. Construction of residential buildings or structures in the land owned by any person, the State Government or the Central Government or any other agency located in the regulated area.
VI. Repair or renovation of residential building or structure located in the prohibited area owned by any person, private sector, public sector, the State Government or the Central Government built prior to 16th June, 1992 or subsequently constructed with the approval of Director General, Archaeological Survey of India on the basis of the recommendation of the expert advisory committee; or
VII. Repair or renovation of any building or structure located in the land owned by the applicant in the regulated area.
### 7. Category of application to be forwarded to Authority.
- The competent authority shall forward the applications received under category I, II, III, IV and V specified in rule 6, to the Authority after processing them with its recommendation.
### 8. Category of applications to be processed and cleared by the competent authority under intimation to Authority.
(1) The applications received under category VI of rule 6 in the prohibited area, involving minor repairs, such as filling up of or grouting cracks, re-plastering of certain portions of the building or structure, repairs to water tanks or drainage, sewerage lines, underpinning to strengthen the foundation, replacement of windows, doors, relaying of flooring, water-tightening the roof, providing weather proof course to stop leakage, replacement of electrical poles, laying or alter water pipe lines, preventing breach of water tanks, replacement of or strengthening of staircase, provide coat of whitewash or colour wash or painting of walls of the building or structure or similar such works may be examined and grant permission at his end under intimation to the Authority.
(2) The applications received under category VII of rule 6 for the renovation and repair of building or structure located in the regulated area may be processed and permission granted by the competent authority under intimation to the Authority.
### 9. Stages of processing of applications by competent authority.
(1) The competent authority after receipt of applications under specified categories, shall take immediate follow up action by issuing an acknowledgement from its office.
(2) The applications shall be examined in detail by the competent authority, which may determine the impact of proposed construction on the protected monument and protected area by adopting appropriate study or methods including site inspection and submit its observations in writing within a period of seven days.
(3) The applicant, if necessary, may be informed about site visit by the competent authority or its representative in advance.
(4) The distance between the protected monument or protected area and the proposed location of the building or structure or land referred to in the application for repair, renovation, construction or reconstruction, shall be measured by the inspecting official with the help of land survey officials or any other technical official in the presence of applicant and record the distance mentioned in the application.
(5) The inspecting official shall make a reference to the notified boundary while recording the distance of the protected monument or protected area, as the case may be.
(6) The detailed photos exhibiting earth aerial view with appropriate marking may be enclosed along with inspection report.
(7) The competent authority may examine whether the relevant information sought in the application form has been provided by the applicant viz. site plan showing hard surface, landscape, sections, existing physical features, boundaries of the site, access, set backs on two or three sides, service plan, building plan including section, elevation, facade design, details of internal modifications, recent photographs in suitable size, showing the environs.
(8) If the details of the site plan referred to in sub-rule (7) is not found enclosed, the applicant shall be intimated to resubmit the application along with such details within a period of seven days.
(9) The competent authority may appoint an expert or consultant who is skilled and experienced in the field of archaeology for archaeological impact assessment, if the proposal involves large scale project.
(10) The competent authority may, depending upon the requirement in specific areas, appoint experts from the field of urban studies, urban conservation, heritage conservation, landscape studies, town planning, architecture or such other fields.
(11) The experts and consultants shall be paid such consultation fees and allowances as are admissible to the technical consultants of equivalent level in the Government of India.
(12) The assessment by the competent authority shall be carried out keeping in view the heritage bye-laws proposed for each protected monument or protected area.
### 10. Forwarding of application by competent authority to Authority.
- After site inspection and impact assessment study (wherever necessary) and documentation, the competent authority may record its observations including assessment of impact of such construction on protected monuments or protected area and forward the application, within a period of fifteen days from the date of receipt of application, to the Authority as per Form II, for construction, reconstruction, repair, renovation, as the case may be, in the prohibited or regulated area of the protected monument or protected area.
### 11. Recommendations of the Authority.
- The Authority after receipt of applications under any category specified in rule 6 with specific observations or comments of the competent authority, shall examine the proposal and convey its recommendation including the impact of such construction on the significance of the protected monument or protected area.
### 12. Intimation from competent authority to applicant.
- Within a period of one month after the receipt of recommendation of the Authority, the applicant shall be informed by the competent authority about the grant or refusal of permission as so recommended by the Authority in Form III, IV and V, as the case may be.
### 13. Communication of refusal.
- The competent authority before refusing the permission for repair, renovation, reconstruction, construction of building or structure in the prohibited or regulated area of the protected monument or protected area, on the grounds recommended by the Authority, shall give an opportunity in writing to the applicant to submit or offer his comments and clarifications and the competent authority shall, on being satisfied, convey the refusal in Form V to the applicant within a period of three months from the date of receipt of the application.
### 14. Appeal.
(1) Any applicant aggrieved by the refusal of permission for repair, renovation, construction or reconstruction of building or structure in prohibited or regulated area of the protected monument and protected area by the competent Authority on the basis of recommendation of the Authority, may within a period of 30 days, from the date of the communication of such refusal, prefer an appeal to the Central Government for considering his case and the decision of the Central Government on such appeal shall be binding.
(2) The Central Government shall consider the appeal and dispose of the appeal within a period of ninety days from the date of receipt of appeal.
### 15. Granting permission in exceptional cases.
- The competent authority may, in exceptional cases and pending the finalisation of the heritage bye-laws, grant permission for repair, renovation, construction or reconstruction to any person, agency, institution, Government departments, who owns or possess such building or structure or land with the approval of the Authority.
### 16. Grant of permission during natural calamities.
- The reconstruction, construction, repair and renovation of any type of building or structure, collapsed or damaged and found beyond repair due to natural calamities, such as, earthquakes, flood, incessant rain, fire, landslide, cyclone and such other calamities, located in the prohibited or regulated area of the protected monument or protected area and need immediate restoration, shall be considered as a category by the competent authority which may not require the approval of the Authority for construction, reconstruction, repair and renovation of the building or structure to the extent damaged or destroyed.
### 17. Validity and Revalidation of permission.
(1) Permission granted by the competent authority after the approval of the Authority for construction, reconstruction, repair and renovation of building or structure as the case may be in the prohibited area or regulated area of protected monument or protected area, which is of residential public utility, public projects and industrial in nature, shall be valid for a period of three years from the date of grant of permission.
(2) If the applicant for any reason fails to carry out repair, renovation, construction or reconstruction during the period specified in the permission, he may approach the competent authority for revalidation of the same, which may be granted for any period not exceeding two years by the competent authority.
### 18. Violation of permissions.
- Where the competent authority, based on material evidence in its possession, is of the opinion that permission granted by it has been violated by the applicant while carrying out repair, renovation, construction or reconstruction in terms of approved designs, height (both vertical and horizontat), plinth area and such other specifications and finds that such violation is likely to affect the preservation, safety, security or access to protected monument or protected area, as the case may be, it may refer the same to the Authority for its recommendations and if so recommended, withdraw the permission granted.
### 19. Failure to comply with conditions of permission.
- In matters where the applicant fails to comply with approved design and specifications and violates terms and conditions laid down in the permission conveyed to the applicant for repair, renovation, construction, or re-construction of building or structure located in the prohibited or regulated area, as the case may be, the competent authority shall initiate legal action under the provisions of the Act.
### 20. Hosting of information on website.
(1) The competent authority shall send copies of orders granting or refusing permission for repair, renovation, construction or reconstruction in the prohibited and regulated area, to the Director General, Archaeological Survey of India, who shall host information on permission granted or refused on the website of Archaeological Survey of India from time to time.
(2) The competent Authority shall also host similar information on its website.
### 21. Preparation of Site Plan.
(1) The Director-General, shall make endeavour within a period of five years to cause a survey to be conducted in respect of all prohibited areas, regulated areas of each protected monument and protected area for the purpose of preparing detailed site plans as per the First Schedule with the help of experts and consultants.
(2) The demarcation of the protected monument and protected area shall be undertaken in consultation with concerned revenue officer on the basis of revenue map duly mentioning revenue plot numbers and schedule thereto.
(3) The District Collector or District Commissioner, as the case may be, shall arrange for demarcation and verification of the limits of the protected monument and protected area, as the case may be, within a period of thirty days of the receipt of request from the Director-General.
(4) The site plan shall be prepared following the notified protected limit of the protected monument or the protected area, the duly authenticated revenue records and the revenue map furnished by the District Collector or District Commissioner as the case may be.
(5) The identification and demarcation of Government land appurtenant to the protected monument and protected area shall be taken as part of cultural landscape or for providing infrastructural facilities to enhance the number of visitors at the site.
(6) The identification of land appurtenant to the protected monument and protected area which is necessary for the development of infrastructure or visitor's facility may be identified.
(7) The mapping of protected monument and protected area shall comprise recording of contours, preferably at 0.5 metre intervals, plan, all side elevations and section of each structure, pathways, landscaped area, open spaces, trees with detailed inventory, other features like tank, well, embankments, fortifications, remnants of ancient structures and such other features including caves and rock-shelters as may be deemed fit that form part of cultural landscape of the protected area.
(8) The open space in the detailed site plan shall comprise of the name of owner, possessor, lessee, mortgage and address, area in square meter, revenue plot number and present usage of area.
(9) The digital still and video photographs of each structure or building and general view of the area from different spots with a view to give an overall idea of the constructions around the protected monument or protected area shall be taken.
### 22. Framing of heritage bye-laws.
(1) The competent authority shall, in consultation with the Indian National Trust for Arts and Cultural Heritage prepare heritage bye-laws in respect of prohibited area or regulated area of each protected monument and protected area as per the Second Schedule.
(2) The competent authority shall prepare bye-laws under sub-rule (1) in consultation with heritage bodies, experts and consultants in the country, who have expertise in rendering such consultancy.
(3) The competent authority shall evolve his own mechanism to engage heritage bodies, experts and consultants for preparation of bye-laws in the respective regions.
(4) The heritage bye-laws in respect of each protected monument and protected area shall be framed on the basis of the relevant site plan prepared under rule 21.
(5) The competent authority shall ensure that heritage bye-laws in respect of each protected monument and protected area is taken up as a time bound programme and completed within a period of sixty days from the date of preparation of the site plans.
(6) The heritage bye-laws shall include use of building material, facade, roofing pattern, colour, height, built-up area, usage, stilt parking, underground construction, drainage systems, roads and service infrastructure like electric poles, water, sewerage, excavations and such other factors which may be necessary within the prohibited areas and regulated areas of the protected monuments and protected areas.
(7) While preparing the heritage bye-laws, the parameters specified in the Second Schedule shall be followed by the competent authority.
(8) A copy of each heritage bye-laws shall be placed before the Authority for its approval.
(9) Each heritage bye-law shall after the approval by the Authority be made available by the competent authority to the public on its website.
### 23. Documentation Centres.
(1) The Archaeological Survey of India shall set-up documentation centres or units in the offices of the Director General, Regional Directors and in Circles, on site plans and heritage bye-laws.
(2) A central documentation centre shall be established in the office of the Director General, Archaeological Survey of India, wherein documents, photographs, video graphs, films, compact discs, digital video documentation, drawings, survey plans, site plans and maps in respect of all protected monuments and protected areas and their respective prohibited and regulated areas, declared as of national importance under the Act shall be properly housed for consultation and reference by the interested persons.
(3) The Regional Directorates of the Archaeological Survey of India shall also establish regional documentation centres for storing information of various activities including preparation of site plan and heritage bye-laws of protected monuments, protected areas, prohibited and regulated areas in the respective regions.
(4) The bye-laws shall be recorded, digitised and stored and updated regularly with an easy mode to retrieve the data as and when required and in exceptional cases, features referred in the bye-laws shall be documented in 3D and 360° virtual so that modifications, authorised activities, alterations and additions in the physical setting are detected immediately.
### 24. Annual Report.
- The competent authority shall prepare an annual report and submit it to the Central Government and the Authority by the 30th day of April every year giving full description of all the activities for the previous year.
Form I
(See rule 5)
Application for grant of permission for undertaking repair / renovation in the prohibited area and construction / reconstruction / repair / renovation in the regulated area of protected monument or archaeological site and remains declared as of national importance under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
### 1. Name of the applicant: ###
2. Address of the applicant :
(a) Present
(b) Permanent
### 3. Name of the owner(s) (if the applicant is other than the owner)
### 4. Address of the owner(s) : (a)
Present address
(b) Permanent address
### 5. Whether the property is owned by individual or jointly (furnish documents)
### 6. Whether the property is owned by Government/Public Sector Undertaking/Private Sector Undertaking/Firm (if so, details to be furnished with complete address and phone numbers) : ###
7. Locality of the proposed construction:
(with full details plot number, etc.)
### 8. Name of the nearest monument or site: (a) Locality :
(b) Taluk :
(c) District :
(d) State :
(Enclose area map showing the monument and the site of repair / renovation /construction / reconstruction)
### 9. Distance of the site of construction related activities from the protected boundary of the monument: (a) Distance from the main monument:
(b) Distance from the protected boundary wall of the monument:
### 10. Nature of the work proposed: (Repair/renovation/construction/reconstruction, etc.)
### 11. Details of work proposed (furnish complete details with drawings of building / structure)
(i) Number of storeys
(ii) Floor area (storey-wise).
(iii) Height (excluding mumty, parapet; water-storage tank, etc.)
(iv) Height (including mumty, parapet, water-storage tank, etc.) .
(v) basement, if any proposed with details
(Enclose plan, section and elevation drawings of the existing building duly approved by the Building Plan Sanctioning Authority and proposed building plan with section and elevation in case of reconstruction. Enclose building plan, section and elevation of the proposed building in case of construction/reconstruction.)
### 12. Purpose of the proposed work: (residential/commercial/institutional/public/community)
### 13. Approximate date of the commencement of the proposed works: ###
14. Approximate duration for completion of the proposed work:
### 15. Maximum height of the existing modem buildings in the close vicinity of - (a) near the Monument:
(b) near the site of construction related activity:
### 16. Whether the monument is located within the limits of Municipal Corporation / Municipalities/ Nagar Panchayat/ Village Panchayat. ###
17. Does any Master Plan/ zonal development plan/ layout plan approved by concerned local authorities exists for the city / town / village:
### 18. Status of modem constructions in the vicinity of the monument and the proposed site of construction/ reconstruction: ###
19. Open space/park/green area close to the protected monument / protected area:
### 20. Whether any road(s) exists between the monument and the site of construction/reconstruction: ###
21. Remarks/additional information, if any:
I ......................... declare that the above information is correct. I also undertake to observe the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 as amended by the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 and the rules-made there under.
Place:
Seal of firm (if any)
Date:
Signature of the applicant
Note:
### 1. If the application is on the behalf of the organisation/firm, the signature should be of the head of that organisation/firm. ###
2. Enclose photographs showing the monument and the existing modem constructions.
### 3. Google Earth Images of the area under reference showing the monument and the site of construction related activities. ###
4. Enclose ownership documents duly attested by an authorized officer of the Government.
### 5. In case of repairs/renovation a report from a duly authorised/licenced architect to be submitted by the applicant. Form II
(See rule 10)
Forwarding of proposal from competent authority to the Authority for recommendation/ approval for grant of permission for undertaking repairs/renovation in the prohibited area and construction / reconstruction / repairs/ renovation in the regulated area of an protected monument or archaeological site and remains declared as of national importance
### 1. Name of the applicant: ###
2. Address of the applicant:
(a) Present
(b) Permanent
### 3. Status of the ownership: ###
4. Whether the property is owned by individual or jointly / Government / Public Sector Undertaking / Private Sector Undertaking / Firm
### 5. Locality of the proposed construction, etc. : ###
6. Name of the nearest protected monument or protected area:
(a) Locality :
(b) District :
(c) State :
### 7. Distance from the protected monument/protected area: (distance should be given from all sides)
### 8. Nature of the work proposed: (repair/renovation/construction/reconstruction)
### 9. Details of work proposed : (furnish complete details with drawings showing the nature of work)
(i) Number of stories
(ii) Floor area (storey-wise)
(iii) Height (excluding mumty, parapet, water-storage tank, etc.)
(iv) Height (including mumty, parapet, water-storage tank, etc.)
(v) Basement, if any proposed with details
### 10. Purpose of the proposed work : (residential/commercial/institutional/public/community)
### 11. Status of maximum height of the existing modem buildings in the close vicinity of: (a) near the Monument:
(b) near the site of construction related activity:
### 12. Whether the monument is located within the limits of Municipal Corporation /Municipalities / Nagar Panchayat/ Village Panchayat: ###
13. Does any Master Plan/zonal development plan duly approved by the respective local authorities exists for the city/town/village:
### 14. Category of the Application: ###
15. Date of inspection of the site:
(by the Competent Authority or other designated officer)
### 16. Name & Designation of the site inspecting official: ###
17. Report of the inspecting official :
(Photographs, aerial view of the site to be submitted)
### 18. Assessment reports by Experts, if any: ###
19. Specific recommendations of Competent Authority:
(with three sets of the proposal)
Place:
Date:
F.No.
Signature of the Competent Authority
Seal
Form III
(See rule 12)
Grant of permission for undertaking repairs and renovation of building/structure located in the prohibited area of the protected monument or archaeological site and remains declared as of national importance under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
Whereas, .............................., of ........ has applied for permission for ................. in the prohibited area near or adjoining ............. ........... ............. ................. ........ at .................. District..........................................., State ........................................ and has undertaken to observe the provision of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958) and rules made there-under, I, ................... , competent authority, do hereby grant this permission on the basis of the approval/recommendation of the National Monument Authority, under sub rule (.....) of rule ...... of the said rules to the said ........... (name of the applicant).................... for ........... in the area indicated in red outline on the plan attached hereto.
The permission is granted subject to the provision of the Act and the Rules and is further subject to the following conditions, namely.-
### 1. ###
2.
### 3. The permission is not transferable and it shall be valid for a period of three years commencing with ........... day of .............
Station:
Date:
F.No.
Signature of the Competent Authority
Seal
Form IV
(See rule 12)
Grant of permission for undertaking construction /reconstruction/ repair/ renovation in the regulated area of protected monument or archaeological site and remains declared as of national importance under the Ancient Monuments and Archaeological Sites and Remains Act, 1958
Whereas, ........... ..................... ................ ................. ........., of ........................ ............ has applied for permission for.............. ....................... in the regulated area near or adjoining ..................... at .................................... , District ............. , State ............................... and has undertaken to observe the provision of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958) and rules made there under, I, ............................................., competent authority, do hereby grant this permission on the basis of the approval/ recommendation of the National Monument Authority, under sub-rule (.......) of rule ...... of the said rules to the said ....... (name of the applicant) ............................. for .................. in the area indicated in red outline on the plan attached hereto.
The permission is granted subject to the provision of the Act and the Rules and is further subject to the following conditions, namely:
### 1. ###
2.
### 3. The permission is not transferable and it shall be valid for a period of three years commencing with ........... day of ..................
Station:
Date:
F.No.
Signature of the competent authority
Seal
Form V
(See rule 12 and 13)
Refusal of permission for undertaking construction/reconstruction/repair / renovation in the regulated area/prohibited area of protected monument or archaeological site and remains declared as of national importance under the Ancient Monuments and Archaeological Sites and Remains Act, 1958
To
............................
............................
............................
File No:..................
Dated: .......................
Sir/Madam,
With reference to your application no ............ dated ....... for the grant of permission for the construction/ reconstruction/repair/renovation in the prohibited/regulated area of protected monument/archaeological site and remains declared as of national importance; plot no ................ block no. ................ situated at ......................... I am to inform you that the permission has been refused on the following grounds.
### 1. ###
2.
### 3. ###
4.
Station:
Date:
Signature of the Competent Authority
Seal
The First Schedule
[see rule 21 (1) ]
Parameters for Preparation of Site Plan
While preparing a site plan for the protected area, the prohibited and regulated areas, the following parameters shall be adhered to and incorporated.
(a) Protected Area, protected monument, prohibited area or regulated area
Parameters:
(i) Contouring (1 metre interval) is preferably. However, it can vary depending on the nature of landscape. If it is hilly terrain with cliffs, then contour intervals can be increased. If the landscape is plain, then it can be reduced to 0.5 metre;
(ii) Fixing of Bench mark and survey points on the ground and map;
(iii) Protected area needs to be mapped in such a manner that property and feature within the area can easily be identified. Therefore the area shall be required to be grided both on map and ground. Grids can be of 50 x 50 metres;
(iv) Mapping of structures on plan;
(v) Other features like tank, embankment, mud fortification, remnants of ancient structures etc. should be shown;
(vi) Roads and pathways;
(vii) Garden area;
(viii) Trees (with an inventory - tree type, girth and height);
(ix) Telephone Lines
(x) Sewerage Lines
(xi) Water supply lines, etc.
(xii) Contouring / Relative heights of certain areas
(xiii) Ground Penetrating Radar survey determining the buried archaeological remains.
(xiv) Any other feature that is required to be incorporated in consultation with the competent authority;
The Second Schedule
[See rule 22]
Parameters for Heritage Bye-laws:
The heritage bye-laws shall be framed on the basis of the site plan prepared for each of the prohibited and regulated areas of protected monuments and the following parameters, namely -
(i) Architectural, historical and archaeological value of the monument;
(ii) Sensitivity of the monument (e.g. developmental pressure, urbanization, population pressure, etc);
(iii) Visibility from the protected monument or area and visibility from regulated area;
(iv) Land-use to be identified;
(v) Archaeological heritage remains other than protected monument(s);
(vi) Cultural landscapes;
(vii) Significant natural landscapes that forms part of cultural landscape and also helps in protecting the monument from environmental pollution;
(viii) Usage of open space and constructions;
(ix) Traditional, historical and cultural activities;
(x) Skyline as visible from the monument and from regulated areas;
(xi) Vernacular architecture;
(xii) Developmental plan as available by the local authorities;
(xiii) Building related parameters-
(a) Height of the construction;
(b) Floor area;
(c) Usage;
(d) Facade design;
(e) Roof design;
(f) Building material;
(g) Colour;
(xiv) Visitors facilities and amenities.
|
65ba8b68ab84c7eca86ebfe0 | acts |
Union of India - Act
----------------------
The Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Rules, 2004
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UNION OF INDIA
India
The Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Rules, 2004
================================================================================================================================================================
Rule THE-CIGARETTES-AND-OTHER-TOBACCO-PRODUCTS-PROHIBITION-OF-ADVERTISEMENT-AND-REGULATION-OF-TRADE-AND-COMMERCE-PRODUCTION-SUPPLY-AND-DISTRIBUTION-RULES-2004 of 2004
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* Published on 25 February 2004
* Commenced on 25 February 2004
The Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Rules, 2004
Published vide Notification G.S.R. 137, dated 25.2.2004, published in the Gazette of India, Extra, Part 2, Section 3(ii) , Sl.No. 93, dated 25.2.2004.
### 359. Published vide G.S.R. 137, dated 25.2.2004- In exercise of the powers conferred by section 31 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (
34 of 2003
), the Central Government hereby makes the following rules, namely:-
### 1. Short title and commencement .-(1) These rules may be called The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004.
(2) They shall come into force on the 1st day of May, 2004.
### 2. Definitions .-In these rules, unless the context otherwise requires,-
(a) "Act" means the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003;
(b) "section" means a section of the Act;
(c) "open space" mentioned in section 3(1) of the Act shall not include any place visited by the public such as open auditorium, stadium, railway station, bus stop and such other places; and
(d) words and expressions used herein and not defined in these rules but defined in the Act, shall have the meanings, respectively, assigned to them in the Act;
(e) [ "indirect advertisement" means-
(i) the use of a name or brand of tobacco products for marketing, promoting or advertising other goods, services and events;
(ii) the marketing of tobacco products with the aid of a brand name or trademark which is known as, or in use as, a name or brand for other goods and services;
(iii) the use of particular colours and layout and or presentation that are associated with particular tobacco products; and
(iv) the use of tobacco products and smoking scenes when advertising other goods and services;]
### 3. Prohibition of smoking in a public place .-(1) The owner or the manager or in charge of the affairs of a public place shall cause to be displayed prominently a board, of a minimum size of sixty centimeter by thirty centimeter in the Indian language(s) as applicable, at least one at the entrance of the public place and one at conspicuous place(s) inside, containing the warning "No Smoking Area-Smoking Here is an Offence".
(2) The owner or the manager or incharge of the affairs of a hotel having thirty rooms or restaurant having seating capacity of thirty persons or more and the manager of the airport shall ensure that,-
(i) the smoking and non-smoking areas as physically segregated;
(ii) the smoking area shall be located in such manner that the public is not required to pass through it in order to reach the non-smoking area; and
(iii) each area shall contain boards indicating thereon "Smoking Area/Non-Smoking Area".
### 4. Prohibition of advertisement of cigarettes and other tobacco products
.-(1) The size of the board used for the advertisement of cigarettes and any other tobacco products displayed at the entrance of a warehouse or a shop where cigarettes or any other tobacco products is offered for sale shall not exceed sixty centimeters by forty-five centimeters.
[(2) Each such board shall contain in an Indian language as applicable, one of the following warnings occupying the top edge of the board in a prominent manner measuring twenty centimeters by fifteen centimeters, namely:-
(i) Tobacco causes cancer, or
(ii) Tobacco kills.
(3) The health warning referred to in sub-rule (2) must be prominent, legible and in black colour with a white background.
(4) The display board shall only list the type of tobacco products available and no brand pack shot, brand name of the tobacco product or other promotional message and picture shall be displayed on the board. The display board shall not be backlit or illuminated in any manner.
(5) The owner or manager or in charge of the affairs of a place where cigarettes and other tobacco products are sold shall not display tobacco products in such a way that they are visible so as to prevent easy access of tobacco products to persons below the age of eighteen years.
(6) No individual or a person or a character in films and television programmes shall display tobacco products or their use:
Provided that this sub-rule shall not apply to-
(a) old Indian films and old television programmes, produced prior to coming into effect of this notification, being screened in a cinema hall or theatre or aired on television;
(b) old foreign films and old television programmes, including dubbed and sub-titled "foreign films" and television programmes, being screened in cinema halls or theatres or aired on television;
(c) Indian or foreign documentaries and health sports displaying use of tobacco products made to clearly and unambiguously reflect the dangers and dire consequences of tobacco use being screened in cinema hall or threatre or aired on television;
(d) live coverage of news, current affairs, interviews, public meetings, sports events, cultural events and the like, being telecast on television whereby there is a purely incidental and completely unintentional coverage of use of tobacco products:
Provided further that the exemptions under clauses (a) , (b) , (c) and (d) above shall not extend to display of brands of tobacco products or tobacco product placement in any form:
Provided also that close ups of cigarette packages or tobacco products shall not be permissible and such scenes shall be edited by the producer or distributor or broadcaster prior to screening in cinemas or theatres or airing on television.
Explanation (1) .-For the purpose of this sub-rule, all films that receive Central Board of Film Certification prior to the effective date of this notification shall be categorised as "old films".
Explanation (2) .-For the purpose of this sub-rule, "foreign film" implies "Imported" as defined in the Cinematograph (Certification) Rules, 1983.
(6-A) In case of old Indian and foreign films, the owner or manager of the cinema hall or threatre where the film is being screened shall ensure that anti-tobacco health sports of minimum thirty seconds duration each are screened at the beginning, middle and end of the said film. The provisions of this sub-rule shall not apply to clause (c) of sub-rule (6).
(6-B)(a) In case of old television programmes, it shall be mandatory for the broadcaster to ensure either placement of an anti-tobacco health warning as a prominent scroll at the bottom of the television screen during the period of such display or airing of anti-tobacco health spots for a period of minimum thirty seconds during the telecast of each television programme of thirty minute duration or less.
(b) In case the television programme is more than thirty minutes further airtime of thirty seconds shall be allocated for each incremental thirty minutes, for telecasting anti-tobacco spots.
(c) The minimum duration of each anti-tobacco spot shall be not less than fifteen seconds.
(d) The provisions of this sub-rule shall not apply to clauses (c) and (d) of sub-rule (6):
Provided that, the anti-tobbaco health warning scroll shall be legible and readable with font in black colour on white background with the warnings "Smoking causes cancer" or "Smoking kills" for smoking form of tobacco use and "Tobacco causes cancer" or "Tobacco kills" for chewing and other form of tobacco or such other warnings as may be specified by the Central Government from time to time:
Provided further that, the anti-tobacco health warning scrolls or health spots shall be in the same language(s) as used in the film or television programme. In case of dubbed or sub-titled films or television programmes, the scrolls or spots shall be carried in the language of dubbing or sub-titlement.
(7) Sub-rule (6) shall not apply to new Indian or foreign films and television programmes displaying use of tobacco products necessary to represent the smoking or tobacco usage of a real historical figure or for representation of a historical era or classified well known character:-
Provided that in very rare cases where there is display or use of tobacco products due to compulsions of the script, they shall be supported by a strong editorial justification:
Provided further that the display of usage of tobacco products in such movies and television programmes under this sub-rule shall be subject to the following safeguards:
(a) Film and television programmes depicting tobacco related scenes shall mandatorily be given "A" Certification. Such films and television programmes may be permitted to be telecast at such timings as are likely to have least viewership from persons below the age of eighteen years.
(b) The films or television programmes, which depict such scenes, would have a disclaimer by the concerned actor regarding the ill effects of use of such products. The disclaimer would be shown in the beginning, middle and end of the film.
(c) Whenever such scenes are shown in a film or television programme, an anti-tobacco health warning scroll will be continuously displayed on the screen starting a minute before the scene and would be continuously displayed until one minute after the scence:
Provided also that there shall not be any display of brands of tobacco products or tobacco product placement in any form:-
Provided also that close-ups of cigarette packages or tobacco products shall not be permissible and such scenes shall be edited by the producer or distributor or broadcaster prior to screening in cinemas or theatres or airing on television.
Explanation (1) .-For the purpose of this sub-rule, all films and television programmes that receive Central Board of Film Certification after the effective date of this notification shall be categorised as "new".
Explanation (2) .-For the purpose of this sub-rule, representatives from Ministry of Health and Family Welfare shall also be represented in the Central Board of Film Certification.
(8) Wherever brand names or logos of tobacco products form a part of the pictures to be printed in any form of print or outdoor media or footage to be aired through any form of electronic media, it shall be mandatory for the media to crop or mask the same to ensure that the brand names and logos of the tobacco products are not visible, except in case of live or deferred live telecast of sports, cultural and other events or activities held in other countries being aired on television in India.
(9) A Steering Committee shall be constituted under the Chairmanship of the Union Health Secretary with representation from among others, the Ministry of Information and Broadcasting, Ministry of Law and Justice, Advertising Standards Council of India, Press Council of India, Members of Parliament and Voluntary Organisation. This Committee shall take cognizance suo motu or look into specific violations under section 5 of the Act and shall also evaluate cases related to indirect advertising and promotion and pass orders thereof.]
5. Prohibition on sale of tobacco products to and by persons below the age of eighteen years. - (1) The owner or the manager or the in-charge of the affairs of a place where cigarettes or other tobacco products are sold shall ensure that,-
[(a) a board with a warning as specified in "Annexure I" is displayed at the entrance of the place where cigarettes or other tobacco products are sold and all the components of the board should appear in a manner exactly as in the soft copy provided in the compact disk [CD] accompanying these rules:
Provided that such board shall not have any advertisement or promotional messages or pictures or images of cigarettes or any other tobacco products.
(b) no tobacco product is sold through a vending machine;
(c) no tobacco product is handled or sold by a person below the age of eighteen years;
(d) tobacco products are not displayed in a manner that enables easy access of tobacco products to persons below the age of eighteen years.
(2) The onus of proof, that the buyer of the tobacco product is not a person below the age of eighteen years lies with the seller of the tobacco products and the seller in case of doubts may request the buyer to provide appropriate evidence or age proof of having reached eighteen years of age.]
[6. Recovery of Fine by authorized officers. - The authorised officers mentioned in Annexure II shall be competent to act under and compound the offences committed in violation of clause (a) and clause (b) of section 6 of the Act.]
7. Health Spots and Scroll in Old Films and Television Programmes. - The owner or manager of a cinema hall or theatre where an old Indian or foreign film displaying tobacco products or its use displaying tobacco products or its use, is being screened, and the broadcaster telecasting old Indian or foreign television programme displaying tobacco products or its use, shall mandatorily screen the following, namely:-
(a) anti-tobacco health spots or messages, of minimum thirty seconds duration each at the beginning and middle of the film or the television programme;
(b) anti-tobacco health warning as a prominent scroll at the bottom of the screen during the period of such display;
Provided that, the anti-tobacco health warning scroll shall be legible and readable,-
(i) (a)
with font in black colour on white background;
(b) with the warnings "Smoking causes cancer" or "Smoking kills" for smoking forms of tobacco use;
(c) with the warnings "Tobacco causes cancer" or "Tobacco kills" for chewing and other smokeless forms of tobacco;
(ii) or such other warnings as may be specified by the Central Government from time to time;
Provided further that, the anti-tobacco health warning scrolls or health spots shall be in the same language as used in the film or television programme and in case of dubbed or sub-titled films or television programmes, the scrolls or spots shall be carried in the language of dubbing or sub-title:
Provided also that such television programmes may be permitted to be telecast on television at such timings that are likely to have least viewership from persons below the age of eighteen years.
Explanation. - For the purpose of this rule,-
(i) all films that receive Central Board of Film Certification prior to the effective date of this notification shall be categorized as "old films";
(ii) all television programmes produced prior to coming into effect of this notification shall be categorized as "Old Television Programme";
(iii) the expression "foreign film" implies "Imported" as defined in the Cinematograph (Certification) Rules, 1983.
### [8. Health Spots, Scroll and Disclaimer in New Films and television programmes. - (1) All new Indian or foreign films and television programmes displaying tobacco products or its use shall have,-
(a) a strong editorial justification explaining the necessity of such display to the Central Board of Film Certification for films and the concerned Authority under the Ministry of Information and Broadcasting for television programmes;
(b) a 'U/A' Certification, from the Central Board of Film Certification for all films; and necessary approvals from the concerned authority under the Ministry of Information and Broadcasting for television programmes;
Provided that such television programmes may be permitted to be telecast oil television at such timings as are likely to have least viewership from persons below the age of eighteen years;
(c) a disclaimer, of minimum twenty seconds duration, by the concerned actor regarding the ill effects of the use of such products, in the beginning and middle of the film or television programme;
(d) anti-tobacco health spots or messages, of minimum thirty seconds duration each at the beginning and middle of the film or the television programme;
(e) anti-tobacco health warning as a prominent scroll at the bottom of the screen during the period of such display;
Provided that, the anti-tobacco health warning scroll shall be legible and readable,-
(i) (a)
with font in black colour on white background;
(b) with the warnings "Smoking causes cancer" or "Smoking kills" for smoking forms of tobacco use;
(c) with the warnings "Tobacco causes cancer" or "Tobacco kills" for chewing and other smokeless forms of tobacco;
(ii) or such other warnings as may be specified by the Central Government from time to time;
Provided further that, the anti-tobacco health warning scrolls or health spots shall be in the same language as used in the film or television programme and in case of dubbed or sub-titled films or television programmes, the scrolls or spots shall be carried in the language of dubbing or sub-title.
Explanation. - For the purpose of this rule,-
(i) representatives from Ministry of Health and Family Welfare shall also be represented in the Central Board of Film Certification.
(ii) all films that receive Central Board of Film Certification lifter the effective date of this notification shall be categorized as "New Films".
(iii) all television programmes produced after the effective date of this notification shall be categorized as "New Television Programme";
### 9. Product Placement, Promotional materials and Posters. - (1) The display of tobacco products or their use in films and television programmes shall not extend to the following, namely :-
(a) display of the brands of cigarettes or other tobacco products or any form of tobacco product placement;
(b) close ups of tobacco products and tobacco products packages;
Provided that in a new film or television programme such scenes shall be edited by the producer or distributor or broadcaster prior to screening in cinema or theatre or airing on television, and in an old film or television programme such scenes shall be masked or blurred by the producer or distributor or broadcaster while screening.
(2) Promotional materials and posters of films and television programmes shall not depict any tobacco products or their usage in any form.
### 10. Cropping or Masking of Brand names and Logos of Tobacco Products. - Wherever brand names or logos of tobacco products form a part of the pictures to be printed in any form of print or outdoor media or footage to be aired through any form of electronic media, it shall be mandatory for the media to crop or mask the same to ensure that the brand names and logos of the tobacco products are not visible, except in case of live or deferred live telecast of sports, cultural and other events or activities held in other countries being aired on television in India.]
[ANNEXURE I]
[Inserted by Notification No. G.S.R. 619 (E) dated 11.8.2011 (w.e.f. 25.2.2004)]
(See Rule 5(1) [a])
### 1. The Board shall be of a minimum size of 60 cm by 30 cm of white background. ###
2. The Board shall contain the warning "sale of tobacco products to a person below the age of eighteen years is a punishable offence", in Indian language(s) as applicable and a pictorial depiction of the ill-effects of tobacco use on health.
ANNEXURE II
(See Rule 6)
| | |
| --- | --- |
|
Serial No.
|
Person authorised to take action
|
|
1
|
Vice Chancellor or Director or Proctor or Principal or
Headmaster or In-Charge of an Educational Institution
|
|
2
|
Assistant Labour Commissioner from the Department of Labour
|
|
3
|
All officers of the rank of Sub-Inspector in State Food and
Drug Administration from the Department of food and Drugs
|
|
4
|
All officers of the rank of Inspectors form the Department
of Education
|
|
5
|
All police officers of the rank of Sub-Inspector of Police
and above
|
|
6
|
Municipal Health Officers
|
|
7
|
Representatives of Panchayati Raj Institutions (Chairperson
or Sarpanch or Panchayat Secretary)
|
|
8
|
District Programme Manager of Finance Manager-District
Health Society (National Rural Health Mission)
|
|
9
|
Civil Surgeon or Chief Medical Officer at District Hospital
or Medical Officer at Primary Health Centre (PHC) |
|
10
|
Block Development Officer, Block Extension Educator (BEE) |
|
11
|
Director or Joint Director Department of Health, and
Department of Education in the State Government
|
|
12
|
Nodal Officers of State and District Tobacco Control Cell
under National Tobacco Control Programme
|
|
65ba1563ab84c7eca86ea99b | acts |
Bombay Presidency - Act
-------------------------
The Bombay City Civil Court Act, 1948
---------------------------------------
BOMBAY PRESIDENCY
India
The Bombay City Civil Court Act, 1948
=======================================
Act 40 of 1948
----------------
* Published in Gazette 40 on 10 May 1948
* Assented to on 10 May 1948
* Commenced on 10 May 1948
The Bombay City Civil Court Act, 1948
[10th May, 1948]
(BOMBAY ACT No. XL OF 1948)
WHEREAS, it is expedient to establish an additional Civil Court for the Greater Bombay: It is hereby enacted as follows:–
### 1. Short title and commencement.–
(1) This Act may be called the Bombay City Civil Court Act, 1948.
(2) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint in this behalf.
### 2. Definitions.–
In this Act, unless there is anything repugnant in the subject or context,—
(1) " City Court" means the court established under section 3;
(2) " High Court" means the High Court of Judicature at Bombay;
(3) "institution fee" means the court fee payable in respect of the plaint or application by which the court fee payable in respect of the plaint or application by which a suit or proceeding is instituted;
(3A)
"intellectual property matters" means the suits and civil proceedings relating to trade marks, copyright, patents, designs and geographical indications, plant varieties and the rights of farmers and plant breeders and Lay-out design (Topographies) of Integrated Circuits;
(4) "Small Cause Court" means the Court of Small Causes of Bombay;
(5) " special law " means a law applicable to a particular subject.
### 3. Constitution of City Court.–
The State Government may, by notification in the Official Gazette, establish for the Greater Bombay a court, to be called the Bombay City Civil Court. Notwithstanding anything contained in any law, such court shall have jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature, not exceeding rupees one crore in value, arising within the Greater Bombay, except suits or proceedings which are cognizable –
(a) by the High Court as a Court of Admiralty or Vice-Admiralty as a Colonial Court of Admiralty, or as a Court having testamentary, intestate or matrimonial Jurisdiction, or
(b) by the High Court for the relief of insolvent debtors, or
(c) by the High Court under any special law other than the Letters Patent, or
(c1)
by the High Court under the Parsi Marriage and Divorce Act, 1936 ; or
(c2)
by the High Court in respect of intellectual property matters; or
(d) by the Small Cause Court:
Provided that, the State Government may, from time to time, after consultation with the High Court, by notification in the Official Gazette, enhance the pecuniary jurisdiction of the City Court and correspondingly alter the pecuniary jurisdiction of the High Court.
### 4. Power of State Government to enhance jurisdiction of City Court.
\*\*\*
### 4A. Transfer of suits and proceedings cognizable under section 3, to City Court.–
(1) Notwithstanding anything contained in section 9 of the Bombay City Civil Court and the Bombay Court of Small Causes (Enhancement of Pecuniary Jurisdiction and Amendment) Act, 1986, all suits and proceedings cognizable by the City Court under section 3, and pending in the High Court on the date of coming into force of section 4 of the Bombay City Civil Court (Amendment) Act, 2012, not being suits or proceedings falling under clauses (a) to (d) of section 3, shall stand transferred to the City Court.
(2) Any suit or proceeding so transferred shall be heard and disposed of by the City Court and the City Court shall have all the powers and jurisdiction in respect thereof as if it had been originally instituted in that Court.
(3) In any such suit or proceeding institution fees shall be paid credit being given to any Court-fee levied in the High Court and cost incurred in the High Court till the date of transfer shall be assessed by the City Court in such manner as the State Government may, after consultation with the High Court, determine by rules.
### 4B. Power to make rules.–
The High Court may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
### 5. Subordination to and superintendence by High Court.–
The City Court shall be deemed to be a court subordinate to and subject to the V of superintendence of the High Court within the meaning of the Letters Patent of the High and of the Code of Civil Procedure, 1908.
### 6. Appointment of Judges.–
The State Government may, by notification in the Official Gazette, appoint as many persons as it thinks fit to be Judges of the City Court.
### 7. Powers of Judges when City Court consists of more than one Judge.–
When the City Court consists of more than one Judge –
(a) each of the Judge may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force;
(b) the State Government may appoint any one of the judges to be the principal judge and any two other judges to be called the additional principal judges;
(c) the principal Judge may from time to time make such arrangements as he may think fit for the distribution of the business of the court among the various Judges thereof;
(d) any additional principal Judge may exercise all or any of the powers conferred on the principal Judge by this Act or any other law for the time being in force, as the High Court may, from time to time, direct.
### 8. Registrars.–
(1) The State Government may appoint an officer to be called the Registrar of the City Court. He shall be the chief ministerial officer of the Court; and shall exercise such powers and discharge such duties of a ministerial nature as the Judge of the City Court, or when the court consists of more than one Judge, the principal Judge may, from time to time, by rules direct. The State Government may also appoint two officers to be called the additional Registrars of the City Court Any additional Registrar shall exercise all or any of the powers and discharge all or any of the duties of the Registrar as the principal Judge may, from time to time, by rules direct.
(2) The State Government may, with the previous approval of the High Court invest the Registrar and any additional Registrar with all or any of the following powers of the Judge of the City Court, namely :–
(a) the power to hear and dispose of all applications for permission to sue or defend as paupers or for disappearing plaintiffs or defendants permitted to sue or defend as paupers;
(b) the power to hear and dispose of all interlocutory applications or matters necessary for the progress of any suit or other proceedings;
(c) the power to hear and dispose of all applications for execution of decrees (but in the case of any application referred to in Rule 22 of Order XXI in the First Schedule to the Code of Civil Procedure, 1908, only when the person to whom the notice there under is served does not appear or offer any objections to the execution);
(d) the other powers of the said judge, not being powers of trying suits and proceedings.
### 9. Questions arising in suits, etc., under Act to be dealt with according to law administered by High Court.–
Save as otherwise provided in this Act all questions which arise in suits or other proceedings under this Act in the City Court shall be dealt with and determined according to the law for the time being administered by the High Court in the exercise of its ordinary original civil jurisdiction.
### 10. Fees for process.–
(1) The High Court shall, from time to time, with the sanction of the State Government prescribe and regulate the fees to be taken for any process issued by the City Court or by any officer of such court.
(2) Table of the fees so prescribed shall be published in the Official Gazette.
### 11. Repayment of institution fee under certain circumstances.–
\*\*\*
### 12. High Court jurisdiction barred except in certain cases.–
Notwithstanding anything contained in any law, the High Court shall not have jurisdiction to try suits and proceedings cognizable by the City Court:
Provided that the High Court may, for any special reason, and at any stage remove for trial by itself any suit or proceeding from the City Court.
### 13. Costs to be disallowed when plaintiff sues in High Court instead of in City Court.–
\*\*\*
### 14. Allowance for fees paid in City Court in cases removed to High Court.–
When any suit or proceeding is removed for trial to the High Court from the City Court under section 12 –
(a) It shall be heard and disposed of by the High Court in the exercise of its original civil jurisdiction and the said Court shall have all the powers and jurisdiction in respect thereof as if it had been originally instituted in such Court;
(b) Court fee on the scale for the time being in force in the High Court as a court of original civil jurisdiction shall be payable in that court in respect of the suit or proceeding therein:
Provided that in the levy of any such fee which, according to the practice of the court, is credited to the State Government, credit shall be given for the institution fee already paid in the City Court.
### 15. Appeals and limitation.–
(1) An appeal shall lie to the High Court from—
(a) every decree passed by the Judge of the City Court, and
(b) such orders passed by the said Judge as are specified in and to the extent provided V of for by section 104 of the Code of Civil Procedure, 1908.
(2) The period of limitation for an appeal from a decree or order of the City Court shall be thirty days from the day of such decree or order:
Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period.
### 16. Seal of City Court.–
The City Court shall use a seal of such form and dimensions as may be for the time
being prescribed by the State Government.
### 17. Holidays and vacations.–
(1) The Judge of the City Court, or, when the Court consists of more than one Judge, the principal Judge, shall, at the commencement of each year, draw up a list of holidays and vacations to be observed in the court, and shall submit the same for the approval of the High Court.
(2) Such list, when it has received such approval, shall be published in the Official Gazette, and the said holidays and vacations shall be observed accordingly.
### 18. Transfer of suits pending in High Court.–
(1) All suits and proceedings cognizable by the City Court and pending in the High Court, in which issues have not been settled or evidence has not been recorded on or before the date of the coming into force of this Act, shall be transferred to the City Court and shall be heard and disposed of by the City Court and the City Court shall have all the powers and jurisdiction thereof as if they had been originally instituted in that Court.
(2) In any suit or proceeding so transferred institution fee shall be paid, credit being given to any court fee levied in the High Court, and costs incurred in the High Court till the date of the transfer shall be assessed by the City Court in such manner as the State Government may, after consultation with the High Court, determine by rules.
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65b965b6ab84c7eca86e903d | acts |
State of Bihar - Act
----------------------
Bihar Electricity Regulatory Commission (Annual Report) Rules, 2012
---------------------------------------------------------------------
BIHAR
India
Bihar Electricity Regulatory Commission (Annual Report) Rules, 2012
=====================================================================
Rule BIHAR-ELECTRICITY-REGULATORY-COMMISSION-ANNUAL-REPORT-RULES-2012 of 2012
-------------------------------------------------------------------------------
* Published on 28 January 2013
* Commenced on 28 January 2013
Bihar Electricity Regulatory Commission (Annual Report) Rules, 2012
Published vide Notification No. iz02@vk0ys0&14@11&02, dated 28.01.2013
Last Updated 4th February, 2020
No. iz02@vk0ys0&14@11&02 - In exercise of the powers conferred by sub-section (1) and clause (i) of sub-section (2) of section 180 read with sub-section (1) of section 105 of the Electricity Act, 2003 and all other powers enabling in this behalf, the Government of Bihar hereby makes the following rules, namely :
Part-I 1. Short Title and Commencement.
(1) These rules may be called the Bihar Electricity Regulatory Commission (Annual Report) Rules, 2012.
(2) It shall Come into force from the date of its publication in the official gazette.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires :-
(a) "Act" Means the Electricity Act, 2003.
(b) "Commission" means the Bihar Electricity Regulatory Commissions;
(c) "State Government" means the Government of Bihar.
(d) "Annual Report" means the Annual Report containing summary of activities undertaken by the Commission in a financial year referred to in sub-section (1) of section 105 of the Act; and
(e) "Appendix" means as appendix to these rules .
(2) All other 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.
Part-II 3. Form of Annual Report.
- The Annual Report shall contain summary of the activities undertaken by the Commission during a financial year and any related matters as may be deemed appropriate by the Commission to incorporate in the form with Appendix appended to these rules and summary of annual accounts in Schedule.
### 4. Period for preparation and forwarding the Annual Report .
- The Commission shall prepare in Hindi and in English Annual Report of its activities during the previous financial year in appendix of these Rules and forward it to the State Government within the month of December each year.
### 5. Laying of Annual Report.
- The State Government shall cause to be laid copy of the Annual Report before the State Legislature after it is received under Rule 4 of these Rules.
### 6. Publication of Annual Report.
- The Commission may make available the Annual Report to the general public by sale or such other manner as it may deem appropriate after it is laid before the State Legislature.
### 7. Removal of difficulties and interpretation.
- If any difficulty arises in giving effect to any provision of these Rules, the State Government may, by order, make such provisions not inconsistent with the provisions of the Act and these Rules, for removing the difficulty and in case of any doubt regarding interpretation of these rules, the same shall be referred to the State Government whose decision shall be final.
### 8. Rules to be laid before Legislature.
- These Rules shall be laid, as soon as may be after it is made, before the Houses of the Legislature while it is in session for a total period of fourteen days. This period may be comprised in one session, or in two or more successive sessions. If, before the expiry of the session immediately following the session or the successive session aforesaid, the Houses agree in making any modifications in the Rules of the Houses agree that it should be passed as it is or the Houses agree that these Rules should not be made, these Rules shall, thereafter have effect only in such modified form or be deemed to be passed as it is by the Houses or be of no effect.
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65baa53fab84c7eca86ec418 | acts |
State of Gujarat - Act
------------------------
The Bombay Prevention of Gambling Act, 1887
---------------------------------------------
GUJARAT
India
The Bombay Prevention of Gambling Act, 1887
=============================================
Act 4 of 1887
---------------
* Published on 5 January 1888
* Commenced on 5 January 1888
The Bombay Prevention of Gambling Act, 1887
Bombay Act
No. 4 of 1887
[Dated 5th January, 1888]
This Act was extended to and by such extension shall be in force in that part of the State of Bombay to which immediately before the commencement of Bombay 14 of 1959, it did not extend (vide section 2 of Bombay 14 of 1959).
For Statement of Objects and Reasons, see Bombay Government Gazette, 1887, Part IV, p. 12; for Report of the Select Committee, see, Bombay Government Gazette, p. 239; and for Proceedings in Council, see Bombay Government Gazette, pp. 215 and 244.
This Act was re-enacted by Bombay 37 of 1947, section 2.
This Act has been re-enacted and the amendments made by section 9 and Schedule E of the said Act has been continued in force by Bombay 52 of 1947, section 2.
An Act to consolidate and amend the law for the prevention of Gambling in the [State]
[This word was substituted for the word 'Presidency' by Bombay 14 of 1959, section 3(a) .]
of Bombay.
Preamble
Whereas it is expedient to consolidate and amend the law for the prevention of gambling in the [State]
[This word was substituted for the word 'Presidency' by Bombay 14 of 1959, s.3(a) .]
of Bombay; It is enacted as follows:-
### 1. Short title.
- This Act may be cited as the Bombay Prevention of Gambling Act, 1887.
Extent: - [It extends to the whole of the [State of Gujarat]
[This portion was substituted for the last two paras, by Bombay 14 of 1959, section 3(b) .]
.
### 2. [Repeal of enactments.].
- Rep. Act XVI of 1895.
### 3. "Gaming" defined.
- ln this Act "gaming" include wagering or betting except wagering or betting upon a horse-race when such wagering or betting takes place-
[(a) on the day on which such race is to be run, and
(b) in an enclosure which the licensee of the race-course, on which such race is to be run, has set apart for the purpose under the terms of the licence issued under section 4 of the [Bombay Race-Courses Licensing Act, 1912] (Bombay Ill of 1912), in respect of such race-course, and
(c) [ between any individual in person, being present in the enclosure, on the one hand, and such licensee or other person licensed by such licensee in terms of the aforesaid licence on the other hand [or between]
[Clause (c) was substituted for the original clause by Bombay 3 of 1931, section 2.]
any number of individuals in person in such manner and by such contrivance as may be permitted by such licence; but does not include a lottery.]
Any transaction by which a person in any capacity whatever employs another in any capacity whatever or engages for another in any capacity whatever the wager or bet whether with such licensee or with any other person shall be deemed to be "gaming": Provided, nevertheless, that such licensee may employ, servants and persons may accept service with such licensee, or wagering or betting in such manner or by such contrivance as may be permitted in such licence. [The collection or soliciting of bets, receipt or distribution of winnings or prizes in money or otherwise in respect of wagering or betting or any act which is intended to aid or facilitate wagering or betting or such collection, soliciting, receipt or distribution shall be deemed to be "gaming".]
[These words were inserted by Bombay 1 of 1936, section 2(i) .]
[This definition was substituted by Bombay 5 of 1922, section 2.]
Instruments of gaming defined: - [In this Act the expression "instruments of gaming" includes any article used [or intended to be used]
[This definition was inserted by section 1 of the Act to amend the Bombay Prevention of Gambling Act, 1890 (Bombay 1 of 1890).]
as a subject or means of gaming [ [\*]
[These words were added by Bombay 6 of 1919, section 2.]
any documents used [or intended to be used]
[These words were inserted by Bombay 1 of 1936, section 2(i) .]
as a register or record or evidence of any gaming) [the proceeds of any gaming, and any winnings or prizes in money or otherwise distributed or intended to be distributed in respect of any gaming.]
[These words were added, by Bombay 1 of 1936, section 2 (2) (iii).]
Common gaming house defined: - In this Act, `common gaming-house' means-
[(i) in the case of gaming-
(a) on the market price of cotton, opium or other commodity or on the digits of the number used in stating such price, or
(b) on the amount of variation in the market price of any such commodity or on the digits of the number used in stating the amount of such variation, or
(c) on the market price of any stock or share or on the digits of the number used in stating such price, or
(d) on the occurrence or non-occurrence of rain or other natural event, or
(e) on the quantity of rainfall or on the digits of the number used in stating such quantity, [or]
(f) [ on the pictures, digits or figures of one or more playing cards or other documents or objects bearing numbers, or on the total of such digits or figures, or on the basis of the occurrence or nonoccurrence of any uncertain future event or on the result of any draw, or on the basis of the sequence or any permutation or combination of such pictures, digits, figures, numbers, events or draws;]
[Item (f) substituted by Gujarat 20 of 1990, dated 19th December 1990]
any house, room or place whatsoever in which such gaming takes place or in which instruments of gaming are kept or used for such gaming;
(ii) in the case of any other form of gaming, any house, room or place whatsoever in which any instruments of gaming arc kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room or place by way of charge for the use of such house, room or place or instrument or otherwise howsoever.
`Place' defined: - In this Act, "place" includes a tent, enclosure, space, vehicle and vessel.]
[This portion was substituted for the original by Bombay 14 of 1959, section 3(c) .]
### 3A. [ Punishment for printing or publishing [pictures, digits or figures]
[Section 3A was inserted, by Gujarat 16 of 1972, section 3.]
relating to Worli Matka or other form of gaming.
(1) Whoever prints or publishes in any manner whatsoever any [pictures, digits or figures or combination of pictures, digits or figures]
[Substituted for 'digits or figures or combination of digits or figures' by Gujarat 20 of 1990, dated 19th December 1990]
relating to Worli Matka or any other form of gaming under the heading "Shubha Rashi" or by adopting any other form or device, or disseminates or attempts to disseminate or abets dissemination of information relating to such [pictures, digits or figures or combination of pictures, digits or figures]
[Substituted for 'digits or figures or combination of digits or figures' by Gujarat 20 of 1990, dated 19th December 1990]
shall be punishable with imprisonment which may extend to six months and with fine which may extend to one thousand rupees.
(2) Where any person is accused of an offence under sub-section (1), any digits or figures or combination of digits or figures in respect of which the offence is alleged to have been committed shall be presumed to relate to Worli Matka gaming or some other form of gaming unless the contrary is proved by the accused.]
### 4. Keeping common gaming house.
- [(1) ]
[Renumbered by Gujarat 20 of 1990, dated 19th December 1990]
Whoever-
(a) [opens, keeps or uses any house, room or place]
[These words were substituted by Bombay 2 of 1941, section 3 read with Bombay 37 of 1947, section 2.]
, for the purpose of a common gaming house,
(b) being the owner or occupier of any such house, room or place knowingly or wilfully permits the same to be opened, occupied, kept or used by any other person for the purpose aforesaid,
(c) has the care or management of, or in any manner assists in conducting the business of, any such house, room, or place opened, occupied, kept or used for the purpose aforesaid,
(d) advances or furnishes money for the purpose of gaming with persons frequenting any such house, room or place,
[shall, on conviction, be punishable with imprisonment [which may extend to two years]
[This portion was substituted by Bombay 37 of 1947, section 3.]
and with fine:
Provided that-
(a) for a first offence such imprisonment shall not be less than [three months and fine shall not be less than five hundred rupees]
[Substituted for 'one month and fine shall not be less than two hundred rupees' by Gujarat 20 of 1990, dated 19th December 1990]
;
(b) for second offence such imprisonment shall not be less than [six months and fine shall not be less than one thousand rupees]
[Substituted for 'three months and fine shall not be less than two hundred rupees' by Gujarat 20 of 1990, dated 19th December 1990]
; and
(c) for a third or subsequent offence such imprisonment shall not be less than [one year and fine shall not be less than two thousand rupees]
[Substituted for 'six months and fine shall not be less than two hundred rupees' by Gujarat 20 of 1990, dated 19th December 1990]
.]
(2) [ Nothing contained in the provisions of the Probation of Offenders Act, 1958 (XX of 1958), or in sub-sections (1), (4), (5) and (6) of section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to any person convicted under this section.]
[Sub-section (2) inserted by Gujarat 20 of 1990, dated 19th December 1990]
### 5. Gaming in common gaming houses.
- [Whoever is found in any common gaming-house gaming or present for the purpose of gaming, [shall, on conviction, be punishable with imprisonment [which may extend to nine months]
[This paragraph was substituted by Bombay 6 of 1919, section 3.]
and with fine:
Provided that-
(a) for a first offence such imprisonment shall not be less than [two months and fine shall not be less than three hundred rupees]
[Substituted for 'one month and fine shall not be less than two hundred rupees' by Gujarat 20 of 1990, dated 19th December 1990]
;
(b) for a second offence such imprisonment shall not be less than [four months and fine shall not be less than three hundred rupees]
[Substituted for 'three months and fine shall not be less than two hundred rupees' by Gujarat 20 of 1990, dated 19th December 1990]
; and
(c) for a third or subsequent offence such imprisonment shall not be less than [nine months and fine shall not be less than three hundred rupees]
[Substituted for 'six months and fine shall not be less than two hundred rupees' by Gujarat 20 of 1990, dated 19th December 1990]
.]
Any person found in common gaming-house during any gaming [\*\*\*]
[The words 'or playing' were repealed by Bombay 6 of 1919, section 3.]
therein shall be presumed, until the contrary [is proved]
[These words were substituted for the words 'be made to appear' by Bombay 1 of 1936, section 4 (3) .]
, to have been there for the purposes.
### 5A. [ Seizure of register, record or writing by certain police officers.
[Section 5A was inserted by Gujarat 16 of 1972, section 4.]
- Where-
(i) in any area for which a Commissioner of Police has been appointed, a police officer not below the rank of a Deputy Commissioner of Police, and
(ii) elsewhere, a police officer not below the rank of a Deputy Superintendent of Police, is of the opinion that any register, record or writing of any kind whatsoever which contains [pictures, digits or figures or combination of pictures, digits or figures] relates to Worli Matka gaming or some other form of gaming, he shall be entitled to seize the same, and such register, record or writing shall be presumed to be an instrument of gaming unless it is shown by the person from whom it is seized that it is a register, record or writing of any transaction in connection with a lawful trade, industry, business, profession or vocation or of any lawful personal transaction of any person or it is otherwise not an instrument of gaming.]
### 6. [ Entry, search, etc. by police officers in gaming.
[Section 6 substituted for the original section by Bombay 1 of 1936, section 5.]
- [(1) ] It shall be lawful for a Police Officer-
(ia) [ in any area of the State, not below the rank of Sub-Inspector of Police, authorised in each case by special warrant issued by the Additional Director General of Police (Law and Order) or whoever is holding that post in any rank or Additional Director General of Police C.I.D. (crime); and (ib) in any area of police range not below the rank of Sub-Inspector of Police, authorised in each case by special warrant issued by the Special Inspector General of Police or Deputy Inspector General of Police appointed for the respective police range; and]
[Clauses (ia) and (ib) inserted by Gujarat 4 of 2003, dated 3rd March 2003]
(i) [in any area for which a Commissioner of Police has been appointed]
[These words were substituted for the words 'in the Greater Bombay' by Bombay 56 of 1959, section 3. Schedule]
not below the rank of a [\*\*\*]
[These words 'Sergeant or' were deleted by Bombay 14 of 1959, section 3(d) .]
Sub-Inspector and either empowered by general order in writing [by the Commissioner of Police or authorised in each case by special warrant issued by any police officer not below the rank of Deputy Commissioner of Police or, as the case may be, Superintendent of Police]
[Substituted for 'or authorised in each case by special warrant issued by the Commissioner of Police' by Gujarat 20 of 1990, dated 19th December 1990]
, and
(ii) elsewhere not below the rank of a Sub-Inspector of Police authorised by special warrant issued in each case [by a District Magistrate or Sub-Divisional Magistrate or by a Taluka Magistrate specially empowered by the State Government in this behalf or by]
[These words were substituted for the words 'by a Magistrate of the First Class or' by Bombay 60 of 1954, section 82.]
[a District, Additional, Assistant or Deputy Superintendent of Police]
[These words were substituted for the portion beginning with the words 'a District Superintendent of Police' and ending with the words 'in this behalf' by Gujarat 32 of 1964, section 2(1) (a).]
, [and]
[This word was inserted by Bombay 14 of 1959, section 3(d) .]
(iii) [ without prejudice to the provision in clause (ii) above, in such other area as the State Government may, by notification in the Official Gazette, specify in this behalf, not below the rank of a Sub-Inspector and empowered by general order in writing issued by the District Magistrate.]
[This clause was inserted by Bombay 14 of 1959, Section 3(d) .]
(a) to enter, with the assistance of such persons as may be found necessary, by night or by day, and by force, if necessary, any house, room or place which he has reason to suspect is used as a common gaming-house,
(b) to search all parts of the house, room or place which he shall have so entered, when he shall have reason to suspect that any instruments of gaming are concealed therein, and also the persons whom he shall find therein whether such persons are then actually gaming or not,
(c) to take into custody and bring before a Magistrate all such persons,
(d) to seize all things which are reasonably suspected to have been used or intended to be used for the purpose of gaming and which are found therein:
Provided that no officer shall be authorised by special warrant [unless the authority competent to so authorise under sub-section (1) is satisfied]
[Substituted for 'unless the Commissioner of Police, the Magistrate, the District or Additional or Deputy Superintendent of Police concerned is satisfied' by Gujarat 20 of 1990, dated 19th December 1990]
, [\*\*\*]
[The words 'upon any complaint made before him on oath and' were deleted by Bombay 14 of 1959.]
upon making such inquiry as he may think necessary, that there are good grounds to suspect the said house, room or place to be used as a common gaming-house.]
(2) [ Notwithstanding anything contained in any law for the time being in force, no search made under this section shall be deemed to be illegal by reason only of the fact that the witnesses (if any) of the search were not inhabitants of the locality in which the house, room or place searched is situate.]
[Sub-section (2) added by Gujarat 32 of 1964, section 2(2).]
### 6A. [ Punishment for giving false names and addresses.
[Section 6A was inserted by Bombay Act 14 of 1959,Section 3(e) .]
- If any person found in any common gaming-house, entered by any Magistrate or Officer of Police under the provisions of this Act, upon being arrested by any such officer or upon being brought before any Magistrate, and on being required by such Officer or Magistrate to give his name and address refuses or neglects to give the same or gives any false name or address, he shall , on conviction, be punished with a fine not exceeding one thousand rupees and on the non-payment of such fine, or in the first instance if to the Court passing the sentence it shall seem fit, with imprisonment for a period not exceeding four months.]
### 7. [ Presumptive proof of keeping or gaming in common gaming-house.
[Section 7 was substituted for the original section by Bombay 1 of 1936, Section 6.]
- When any instrument of gaming has been seized in any house, room or place entered under section 6 or about person of any one found therein, and in the case of any other thing so seized if the court is satisfied that the Police Officer who entered such house, room or place has reasonable grounds for suspecting that the thing so seized was an instrument of gaming, the seizure of such instrument or thing shall be evidence, until the contrary is proved, that such house, room or place is used as a common gaming-house and the persons found therein were then present for the purpose of gaming, although no gaming was actually seen by the Magistrate or the Police Officer or by any person acting under the authority of either of them]:
[Provided that the aforesaid presumption shall be made, notwithstanding any defect in the warrant or order in pursuance of which the house, room or place was entered under section 6, if the Court considers the defect not to be a material one.]
[This proviso was added by Bombay 14 of 1959, section 3(f) .]
### 8. On conviction for keeping or gaming in common gaming house, Instruments of gaming may be destroyed.
- On conviction of any person for opening, keeping or using a common gaming-house, [\* \* \*]
[The words 'or playing' were repealed by Bombay 6 of 1919, section 5.]
or gaming therein, or being present therein for the purpose of gaming, the convicting Magistrate may order all the instruments of gaming found therein or on the persons of those who were found therein, to be forthwith destroyed [or forfeited]
[These words were added by Bombay 1 of 1936, section 7.]
,
and may also order all or any of the securities for money and other articles seized, not being instruments of gaming, to be sold and the proceeds thereof, with all moneys seized therein, to be forfeited; or, in his discretion, may order any part of such proceeds and other moneys to be paid to any person appearing to be entitled thereto.
### 9. Proof of playing for money not required for conviction.
- It shall not be necessary, in order to convict a person of any offence against any of the provisions of sections 4 and 5, to prove that any person found [gaming]
[This words was substituted for the words 'playing at any game' by Bombay 6 of 1919) section 6.]
was playing for any money, wager or stake.
### 10. [ Indemnification of certain witnesses.
[This section was substituted for the original by Bombay 14 of 1959, section 3(g) .]
- Any person who has been concerned in gaming contrary to this Act, and who is examined as a witness before a Magistrate in the trial of any person for a breach of any of the provisions of this Act relating to gaming, and who, upon such examination, makes in the opinion of the Magistrate true and faithful discovery to the best of his knowledge of all things as to which he is so examined, shall thereupon receive from the said Magistrate a certificate in writing to that effect and shall be freed from all prosecutions under this Act for anything done before that time in respect of such gaming.]
### 11. [Payment of portion of fine to informer.
- Deleted by Gujarat 32 of 1963, section 3.]
### 12. Power to arrest without warrant for gaming and setting birds and animals to fight in public streets.
- A Police Officer may apprehend [and search]
[These words were inserted by Bombay 1 of 1936, section 9(1) .]
without warrant-
(a) any person found [gaming]
[This word was substituted for the words 'playing for money or other valuable thing with cards, dice, counters or other instruments of gaming used in playing any game, not being a game of mere skill' by Bombay 6 of 1919 section 7.]
[or reasonably suspected to be gaming]
[These words were inserted by Bombay 1 of 1936, section 9(2) .]
in any public street, [or thoroughfare, or in any place to which the public have or are permitted to have access]
[These words were substituted for the words 'place or thoroughfare' by Schedule I, part II Serial No.14 of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).]
[or in any race-course]
[These words were added by Bombay 5 of 1922, section 4.]
;
(b) any person setting any birds or animals to fight in any public street, [or thoroughfare, or in any place to which the public have or are permitted to have access]
[These words were substituted for the words 'place or thoroughfare' by Schedule I, part II Serial No. 14 of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).]
;
(c) any person there present aiding and abetting such public fighting of birds and animals;
Any such person shall, on conviction, be [punished both with fine]
[Substituted for 'punishable with fine' by Gujarat 20 of 1990, dated 19th December 1990]
which may extend to [three hundred rupees]
[These words were substituted for the words 'fifty rupees' by Bombay 1 of 1936, section 9(4) .]
, [and with imprisonment]
[These words were substituted for the words 'or with imprisonment' by Gujarat 16 of 1972, section 5.]
which may extend to [three months]
[These words were substituted for the words 'one month' by Bombay 1 of 1936, section 9(5) .]
[and where such gaming consists or wagering or betting or of any such transaction as is referred to in the definition of gaming given in section 3, any such person so found gaming shall, on conviction, be [punished in the manner]
[These words were added by Bombay 5 of 1922 section 4.]
and to the extent referred to in section 4, and all moneys found with such person shall be forfeited.]
Seizure and destruction of instruments found: - And such Police Officer may seize all birds and animals and [things reasonably suspected to be instruments of gaming]
[These words were substituted for the words 'instruments of gaming' by Bombay 1 of 1936 section 9(6) .]
found in such public street [thoroughfare]
[These words were substituted for the words 'place or thoroughfare' by Schedule I, Part II, Serial No. 14 of the Bombay Repealing and Amending Act 1910 (Bombay 1 of 1910).]
, [place or race-course]
[These words were substituted for the words 'or place' by Bombay 5 of 1922 section 4.]
, or on [or about]
[These words were inserted by Bombay 1 of 1936, section 9(6) .]
the person of those whom he shall so arrest, and the Magistrate may, on conviction of the offender, order such instruments to be forthwith destroyed, and such birds and animals to be sold and the proceeds forfeited, [When any thing has been found on or about any person and a court is satisfied that the Police Officer had reasonable grounds for suspecting that such thing was an instrument of gaming, such circumstance shall, until the contrary is proved, be evidence that such thing was an instrument of gaming and that the person on or about whom the thing was found was present for the purpose of gaming.]
[This paragraph was added by Bombay 1 of 1936, section 9(7) .]
### 12A. [ Power to arrest without warrant for printing, publishing or distributing any news or information.
[Section 12A was inserted by Bombay 1 of 1936, section 10.]
- A Police Officer may apprehend without warrant any person who prints, publishes, sells, distributes or in any manner circulates in any news-paper, news-sheet or other document or any news or information with the intention of aiding or facilitating gaming.
Any such person shall, on conviction, be punishable in the manner and to the extent referred to in section 4.
And any police officer may enter and search any place for the purpose of seizing, and may seize all things reasonably suspected to be used or to be intended to be used, for the purpose of committing an offence under this section.]
### 13. Saving games of mere skill.
- Nothing in this Act shall be held to apply to any game of mere skill wherever played.
### 14. [ Repeal and Savings.
[Section 14 was added by Bombay Act 14 of 1959, Section 3(h) and shall stand unmodified by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.]
- The Gambling Act, 1305-F (Hyd. II of 1305-F), the Public Gambling Act, 1867 (III of 1867) in its extension to the Vidarbha region of the State of Bombay, the Bombay Prevention of Gambling Act, 1887 (Bombay IV of 1887) as applied to the Saurashtra area by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 (Sau. Ord. XXV of 1948) and the Bombay Prevention of Gambling Act, 1887 (Bombay IV of 1887) as applied to the Kutch area by the Kutch (Application of Laws) Order, 1949 are hereby repealed:
Provided that such repeal shall not affect-
(a) the previous operation of the Acts so repealed, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the provisions of the Acts 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 the Bombay Prevention of Gambling (Extension and Amendment) Apt, 1959 (Bombay XIV of 1959) has not been passed:
Provided further that, subject to the preceding proviso, anything done or any action taken (including authorisations made, powers conferred, orders given and indemnity granted) by or under the provisions of the Acts so repealed shall, in so far as it is not inconsistent with any provisions of this Act, be deemed to be done or taken under the corresponding provisions of this Act and shall, until altered, repealed or amended by anything done or any action taken under this Act, continue in force accordingly.]
Schedule
----------
(Enactments Repealed.)
Repealed by Act XVI of 1895
|
65b9d939ab84c7eca86ea1f4 | acts |
State of Arunachal Pradesh - Act
----------------------------------
Arunachal Pradesh (Re-Organisation of Districts) Act, 1980
------------------------------------------------------------
ARUNACHAL PRADESH
India
Arunachal Pradesh (Re-Organisation of Districts) Act, 1980
============================================================
Act 3 of 1980
---------------
* Published on 3 May 1980
* Commenced on 3 May 1980
Arunachal Pradesh (Re-Organisation of Districts) Act, 1980
(Act
No. 3 of 1980
)
Last Updated 18th February, 2020
(Received the assent of the President of India on 3rd May, 1980)
An Act To provide for Re-organization of Districts for better administration of the Union Territory of Arunachal Pradesh:
Be it enacted by the Legislative Assembly of Arunachal Pradesh in the Thirty-first Year of the Republic of India, as follows:
### 1. Short title extent and commencement.
(1) This Act may be called the Arunachal Pradesh (Re-organization of Districts) Act, 1980.
(2) It extends to the whole of the Union Territory of Arunachal Pradesh.
(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for coming into force of different provisions of the Act.
### 2. Definitions.
(1) In this Act, unless the context otherwise requires, -
(a) "existing district" means any of the districts referred to in section 3 of the North East Frontier Agency (Administration) Regulation 1965;
(b) "existing law" means any law, ordinance, regulation, order, by-law, rule, scheme, notification or other instrument having the force of law in India or any part thereof and includes similar laws enacted by the Legislative Assembly of Arunachal Pradesh having the force of law in Arunachal Pradesh or any part thereof
(c) "Government" means the Government of the Union Territory of Arunachal Pradesh :
(d) "Official Gazette" means the Government of Arunachal Pradesh Gazette published by authority.
### 3. Administrative boundaries of the new districts of East and West Kameng.
(1) On and from the appointed day this Act comes into force, so much of the area of the existing Kameng District, as is contained within the boundaries set out in Schedule I to this Act, and hitherto known as Seppa sub-division, shall henceforth be constituted as a separate unit of administration and be known by the name of EAST KAMENG DISTRICT.
(1A)
[ On and from the date of coming into force of the Arunachal Pradesh (Re-organization of Districts) (Amendment) Act, 2018, so much of the areas comprising of the following administrative units under the existing East Kameng District, namely,(1) Pakke-Kessang (ii) Seijusa (iii) Pijiriang (iv) Passa Valley and (v) Dissing Passo shall be constituted as a separate administrative unit and be known by the name "Pakke Kessang District" with District Headquarter at "LEMMI".]
[Inserted by the Arunachal Pradesh (Reorganization of Districts) Amendment Act 2018,115 of 2018, Published in AP Gazette EO No ,433 Vol XXV Dtd 5th Oct 2018.]
(2) [ On and from the appointed day this Act comes into force, so much of the area of the existing West Kameng District, as is contained within the boundaries set out in Schedule IA' to this Act, and hitherto known as Tawang Sub-division, shall henceforth be constituted as a separate unit of administration and be known by the name of Tawang District.]
[Substituted by the Arunachal Pradesh (Reorganization of Districts) Second Amendment Act 1984,[7 of 1984] Published in AP Gazette EO No 3 76,VOL 11 Dtd November 6,1984 and the same has come into force vide Notification No GA-49/78 Vol IV dated 25th Nov 1984 with appointed dated fixed as 06/01/1984.]
(3) The residuary area of the existing West Kameng District, other than that specified in sub-section (1) and sub-section (2) shall henceforth continue to be known by the name of West Kameng District."
### 4. Administrative boundaries of the new districts of UPPER and Lower Subansiri.
(1) On and from the appointed day this Act come into force, so much of the area of the existing Subansiri District, as is contained within the boundaries set out in Schedule 11 to this Act, and hitherto known as Daporijo sub-division, shall henceforth be constituted as a separate unit of administration and be known by the name of Upper Subansiri District.
(1A)
On and from the date of coming into force of the Arunachal Pradesh (Re-organization of Districts)(Amendment) Act, 2017,somuch of the areas comprising of the following administrative units under the existing Upper Subansiri District, namely.-
[(i) Gepen
(ii) Puchi-Geko and
(iii) Part of Daporijo Sadar Circle (consisting of all the villages which fall under 25 Raga (ST) Assembly Constituency) including Ligu and Liruk villages.and so much of the areas comprising the following administrative units under the existing Lower Subansiri District, namely ,-
(i) Dollungmukh
(ii) Raga and
(iii) Kumporijo shall be constituted as a separate administrative unit and be known by the name of "Kamle District' with District Headquarter at Raga]
(2) The residuary area of the existing Subansiri District, other than that specified in sub-section (1) above, shall henceforth be known by the new name of Lower Subansiri District.
(3) On and from the appointee day the Arunachal Pradesh (Re-organization of Districts) Amendment Act, 1992, comes into force, so much of the areas comprising the following administrative units under the existing Lower Subansiri district, namely: -
[(i) Sagalee,
(ii) Doimukh,
(iii) Balijan,
(iv) Itanagar (Capital complex),
(v) Mangio, and
(vi) Kimin.
shall be constituted as a separate administrative unit and be known by the name of "Papum Pare District].
[Inserted by the Arunachal Pradesh (Reorganization of Districts) Amendment Act 1992, (I of 1993) Published in AP Gazette EO No I, VOL VI Dtd January 7.23.1993.]
(4) [ On and from the appointed day the Arunachal Pradesh (Re-organization of Districts) (Amendment) Act, 2000 comes into force, so much of the areas comprising the following administrative units under the Lower Subansiri District, namely
### 1. Koloriang, 2. Damin, 3. Sarli, 4. Sangram, 5. Parsi parlo, 6. Nvapin, 7. Palm, 8. Chambang, 9. Tali, 10. Lending Koling, 11. Yangte shall be constituted as a separate administrative unit and be known by the name of Kurung Kumey.]
[Inserted by the Arunachal Pradesh (Reorganization of Districts) Amendment Act 2000, (6 of 2000) Published in AP Gazette EO No 50,VOL X Dtd June 6, 2000.]
(4A)
[ On and from the appointed day, when the Arunachal Pradesh (Re-organization of Districts) (Amendment) Act, 2013 comes into force, so much of the areas comprising the following administrative units under the existing Kurung Kumey District, namely,
(i) Palin
(ii) Yangte
(iii) Chambang
(iv) Gangte
(v) T arak-Lengdi
(vi) Pipsorang
(vii) Pania and
(viii) Tali
Shall be constituted as a separate administrative unit and be known by the name of "Kra Daadi District" with District Headquarter at Jamin]
[Inserted by the Arunachal Pradesh(Reorganization of Districts) Amendment Act 2013, (2 of 2014) Published in AP Gazette EO Mo 32 I,VOL XXI Dtd 3rd march 2014.]
### 5. Administrative boundaries of the new Districts of East And West Siang.
(1) On and from the appointed day this Act come into Force, so much of the area of the existing Siang District, as is contained within the boundaries set out in Schedule III to this Act, and hitherto known as Pasighat sub-division, shall henceforth be constituted as a separate unit of administration and be known by the name of East Siang District.
(2) The residuary area of the existing Siang District, other than that specified in sub-section (1) above, shall henceforth be known by the new name of West Siang District.
(3) [ On and from the appointed day this Act comes into force, the existing Tuting Sub-division shall be transferred from the West Siang District and thenceforth be formed part of East Siang District and areas and boundaries specified in sub-section
(2) of Section 5 and the Schedule III respectively of the principal Act shall deemed to be modified accordingly]
[Inserted by the Arunachal Pradesh (Reorganization of Districts) Amendment Act 1988, (3 of 1988) Published in AP Gazette EO No. 61, VOL IV Dtd October 27, 1988.]
(4) On and from the appointed day, the Arunachal Pradesh (Re-organization of Districts)Amendment Act, 1994 comes into force so much of the areas comprising the following administrative units under the existing East Siang District, namely :-
[(i) Yingkiong
(ii) Gelling
(iii) Singa
(iv) Mariyang
(v) Palling
(vi) Jenggmg
(vii) Tuting
(viii) Geku
(ix) Katan
(x) Miging,
shall be constituted as a separate administrative unit and be known by the name of Upper Siang District].
[Inserted by the Arunachal Pradesh (Reorganisation of Districts) Amendment Act 1994, (7 of 1994) Published m AP Gazette EO No 178.VOL IV Dtd November 24,1994.]
(5) On and from the appointed day, when the Arunachal Pradesh (Re-organization of Districts) (Amendment) Act, 2013 comes into force, so much of the areas comprising the following administrative units under the existing East Siang District, namely,
(i) Boleng (ii) Pangin (iii) Riga (iv) Rebo-Perging and (v) Kebang and so much of the areas comprising the blowing administrative units under the existing West Siang District namely,(1) Rumgong (ii) Kaying (iii) Payum and (iv) Jomlo-Mobuk shall be transferred from East Siang and West Siang Districts respectively, and thenceforth, shall be constituted as a separate administrative unit and be known by the name "Siang District" with its District Headquarter at [(NYOBO) now deleted] [Boleng]
[Inserted by the Arunachal Pradesh (Reorganization of Districts) Amendment Act 2018.]
2018 amendment.
(6) [ On and from the appointed day, when the Arunachal Pradesh (Re-organization of Districts) (Amendment) Act, 2013 comes into force, so much of the areas comprising the following administrative units under the existing East Siang District, namely,(1) Nari (ii) Koyu (iu) Seren and (iv) Kora and so much of the areas comprising the following administrative units under the existing West Siang District, namely,(1) Basar (ii) Tirbin (iii) Daring (iv) Likabali (v) Kangku (vi) Sibe and(vii) Gensi
shall be transferred from East Siang and West Siang Districts respectively, and thenceforth, shall be constituted as a separate administrative unit and be known by the name 'Lower Siang District'.]
[Substituted by the Arunachal Pradesh (Reorganization of Districts) Amendment Act 2013, (2 of 2014) Published in AP Gazette HO No 32, VOL IV Dtd 3rd March 2014.]
(6A)
[ On and from the date of coming into force of the Arunachal Pradesh (Re-organization of Districts) (Amendment) Act, 2018, so much of the areas comprising of the following administrative units under the existing Lower Siang District, namely, (i) Tirbin (ii) Basar (iii) Daring and (iv) Sago shall be constituted as a separate administrative unit and be known as "Lepa-Rada District" with District Headquarter at "Basar".]
[Inserted by the Arunachal Pradesh(Reorganization of Districts) Amendment Act 2018, (15 of 2018) Published in AP Gazette EO No. 433 VOL XXV Dtd 5th Oct 2018.]
(7) [ On and from the date of coming into force of the Arunachal Pradesh (Re-organization of Districts) (Amendment) Act, 2018, so much of the areas comprising of the following administrative units under the existing West Siang District, namely, (1) Mechuka (ii) Tato (iii) Pidi and (iv) Mamgong shall be constituted as a separate administrative unit and be known by the name of "Shi-Yomi District" with District Headquarter at "Tato".]
[Inserted by the Arunachal Pradesh(Reorganization of Districts) Amendment Act 2018, (15 of 2018) Published in AP Gazette EO No. 433 VOL XXV Dtd 5th Oct 2018.]
### 6. Administrative boundaries of the new districts of Dibang Valley And Lohit.
(1) On and from the appointed day this Act come into Administrative force, so much of the area of the existing Siang boundaries of District, as is contained within the boundaries set the new out in Schedule 111 to this Act, and thereto known as Pasigaht sub-division, shall henceforth be constituted as a separate unit of administration and be known by the name of Dibang Valley District.
(2) The residuary area of the existing Lohit District other than that specified in sub-section (1) above, shall henceforth be known by the new name of Lohit District.
(2A)
On and from the appointed day, the Arunachal Pradesh(Re-organization of Districts) (Amendment) Act, 2004 comes into force, so much of the areas comprising the following administrative units under the Lohit District namely :
[(i) Hayuliang (ii) Hawai (iii) Manchal (iv) Goiliang M Chaglagam (vi) Walong (vii) Kibithoo shall be constituted as a separate administrative unit and be known by the name of Anjaw District.]
(2B)
On and from the appointed day, when the Arunachal Pradesh (Reorganization of Districts) (Amendment) Act, 2013 comes into force, so much of the areas comprising the following administrative units under existing Lohit District namely,
[(i) Chowkham (ii) Lathao (iii) Piyong (iv) Namsai (v) Lekang (vi) Upper Lekang shall be constituted as a separate administrative unit and be known by the name of 'Namsai District' with District Headquarter at Namsai]
(3) On and from the appomted day the Arunachal Pradesh (Reorganization of Districts) (Amendment) Act, 2001 comes into force, so much of the area comprising the following administrative units under the Dibang Valley districts namely :-
### 1. Roing ###
2. Dambuk
### 3. Koronu ###
4. Hunli
### 5. Desali ###
6. Paglam (Tinali) shall be constituted as a separate administrative unit and be known by the name of Lower Dibang Valley District.
### 6A. [
[Inserted by the Arunachal Pradesh(Reorganization of Districts) Amendment Act 2011, (7 of 2011) Published in AP Gazette EO No 200, VOL XVII Dtd 9th Dec 2011.]
(1) On and from the date the Arunachal Pradesh (Re-organization, of Districts) Amendment Act, 1987 comes into force, so much of the area of the existing Tirap District, as is contained within the boundaries set out in Schedule V to this Act, and hitherto known as Changlang Sub-division, shall henceforth be constituted as a separate unit of administration and be known by the name of Changlang District.
(2) The residuary area of the existing Tirap District, other than that specified in sub-section (1) and (3) of this section, including Naitong Village which falls under Borduria Village Reserve Forest, comprising the areas of the following administrative units, namely,(1) Khonsa (ii) Deomali (iii) Lazu(iv) Soha (v) Dadam or
(vi) any other administrative unit(s) as may be curved out by the State Government from the aforesaid administrative units from time to time shall contmue to be known by the name of Tirap District.
(3) On and from the date of Arunachal Pradesh (Reorganization of Districts), (Amendment) Act, 2011 comes into force, so much of the areas comprising the following administrative unit, excluding Naitong Village, which falls under Borduria Village Reserve Forests and hitherto known as Longding Sub Division, under the existing Tirap District, namely,
(i) Longding (ii) Kanubari (iii) Pongchau (iv) Wakka (v) Pumao (iv) Lawnu or
(vii) Any other administrative unit(s) as may be curved out by the State Government from the aforesaid administrative units from time to time; as contained within the boundaries set' out in Schedule VI of this Act shall henceforth be constituted as a separate unit of' Administration and be known by the name of Longding District.]
### 7. Construction of certain references in existing laws.
- Any reference in any existing law to any of the existing districts shall be constructed as a reference to the respective new districts constituted under this Act.
### 8. Removal of Difficulties.
- If any difficulties arise in giving effect to any of the provisions of this Act, the Government may, by order published in the Official Gazette, make such provision as it considers necessary or expedient for the purpose of removing those difficulties.
Schedule 1
------------
[See Section 3(1) ]
North : (Boundary of the East Kameng District)
: Bounded by MacMohan Line (International boundary) and part of existing Subansiri District.
East : Existing Subansiri District.
South : Darrang District, Assam.
West : Bomdila Sadar-Sub-division of existing Kameng District demarcated as follows
i. Bounded by traditional boundary of the Western most villages of Wada, Nissangeng, Sachung, Lada, Gradung, Waka, Raiju, Panayang and Sekong ; and
ii. Traditional boundary of Western most villages of Seppa circle, such as Ponkar, Talomsima and Sepung ; then
iii. Confluence of Bichom and Koyo; then
iv. Southward in the same axis till it reaches river Kameng covering the traditional boundary of Wote village situated on the West of river Kameng and Nilowa. Lelung located in the East Bank of the river Kameng. Then from the river boundary divides Seppa and Bomdila till the river Kameng in the South touches the plains of Assam.
IA
----
[See Section 3 (2) ]
(Boundaries of Tawang District)
North: - From the tri-junction point of India, Bhutan and Tibet the District boundary of Tawang proceeds eastwards along the international boundary upto the point where it meets the northern boundary of Bomdila Sadar Sub-Division.
East: - From the point where the international boundary meets the northern boundary of Bomdila Sadar SubDivision the boundary runs towards south, south-west and south¬east and thereafter it goes in a south-west direction running all throughout along the northern boundary of Bomdila Sadar Sub¬Division via Tsela (Pangla) , Musela, Karla, Thukarla Sujula and Sela. From Sela the boundary proceeds via Sanglung to a point where it meets the eastern boundary of Bhutan and the western boundary of Bomdila Sadar Sub-Division. Thereafter the district boundary proceeds along the international boundary upto the tri-junction point."
II
----
[See Section 4(1) ]
(Boundary of the UPPER Subansiri District)
South & South West - North: MacMohan Line (International Boundary). (Boundary with Ziro area). The Boundary starts from height South & 15721 (MR-MO) 4686 of M/S No. 82- H) on the MacMohan South Line and it runs in North-Easternly direction along the hill West ridges to height 18583. Then in South- Easternly direction to height 16142 and I4I90, then towards East to height 13412, then North-East to height 12504, then towards South East to height 9602, thence to South West to heights 9264 and 7264, then South East to height 7586, then South to height 8520, from where it runs South East to ROMTA triangulated height 9826 (MR-MP 2846 of M/s No. 83-E), thence South-East to DUMPU height 8380 (MR-MP 3831 of M/S No. 83-1), thence runs North East to PODU triangulated height 8355, then South East to height 6560, then again South East to height 5610 crossing Ziro-Daporijo motorable road at KM stone 102 and finally boundary runs South East straight to confluence of Kamla Subansiri river at MR-MP-6523 of M/S No. 83-1.
North East & East - (Boundary with the existing Siang District).The boundary between Daporijo and Siang starts from the MacMohan North Line at Map reference MK 2231 of Map Sheet No. 82-L East & which goes South Eastward to a spot height at 14569 and East, along the ridges to a spot height 13221. Then it follows a South-East direction along the high ridges to spot heights at 12878, 12720, 12976, 12710 and South to spot height 12980. The boundary then goes North Eastward to 12742 and goes South East to 13084 and the along the mountain ridges South Eastward to spot heights 12727 passing through 12825 and 13066. This mountain ridge is known as Yorjing mountains. From this point it goes East to 13099. South to 13096 and South to 10530, then South West to 11330. The line follows a South direction to spot height 11190; height 7501 and 6293 till it reaches spot height 6483, passing through 6601. At spot height 6483 it takes an Easternly direction till it makes the stream namely Rute Nallah on Daporijo-Bame road at the concrete bridge. From the concrete bridge it crosses Sn river. It goes upto the mountain ridges in an Easternly direction to spot height 5350. Again running along the highest points of the ridge Eastward and South-Eastward, crossing Singing river and rises to the peak 5890 as Runag on the map. From this point it goes South-Westernly to spot height 6190. It goes in the same direction to triangular point 5460 known as Potu the boundary follows a South-Westernly direction along this ridge and then goes in Westernly direction to the confluence of Kamla Subansiri river at map reference MP-6523 of map sheet 83-1.
III
-----
[See Section 5(1) ]
North (Boundary of the EAST Siang District)
: Assam.
West: (Boundary with Anini). From the point where the Sessin River meets the lnnerline, thence upstream along the course of Sessiri river till it meets its source and thence along the ridge till it meets at Peak Abroka at point 13325.
: (Boundary with Along area). From the point the Abroka along the ridge towards Westernly direction till it meets at peak at point 13095, thence along the ridge connecting Longing Peak point I2I92, point 10606, point 91 16,point 8616, point 7755, thence along the ridge till meets river Siang near Rikor.
: (Boundary with Along area). From the point confluence of river Angang along the Southernly ridge till it meets at peak Moling at point 10055, thence along the ridge connecting peak at point 8140, 8415, thence along the Easternly direction along the ridge connecting peak at point 6240, thence along the ridge along the Southernly direction till it meets Peak Basar at point 6121,thence along the river Abum till it meets the confluence of Siyum river, thence along the Westernly direction connecting the confluence of river Yam bung, thence along the ridge till it meets at Peak Dokong at 5642, thence along the ridge connecting peak at point 5000, thence along the ridge till it meets Simen river and thence along the Simen river till it meets at Dipa on the Inner-line.
[Schedule: - IV]
[Substituted by the Arunachal Pradesh(Reorganization of Districts) Amendment ACT 1984, (6 of 1984) Published in AP Gazette EO No 375,VOL 11 Dtd November 6, 1984.]
[See Section 6(1) ]
: (Boundary of the Dibang Valley District)
[North :- MacMahan Line.
East:- A point where southern-boundary of Hajing Reserve Forest meets Balijan River (a point on Balijan River from 'where lnnerline goes cowards Kundil River). From chis point the boundary line moves straight towards East till it touches Hetzu River at a point, the Map reference which is NM- 460525 (of 1/4 Map sheet No 91 D). Thence it follows the upstream of Hetzu River and thence to Chiru (Spot height 9020 ft.) and thence towards north along the water parting line till it touches the Tetha River (Totha River) at point, Map reference NM 525810. Thence the line follows towards the eastern direction along the Tetha River (Totha River) and joins the Digaru River at a point NM 590775. Thence it follows towards the north eastern direction along upstream of Digaru River and thence to the points 13350, 15040, 15210, 17126, 16402, 16040, 16379, 15600 till touches the MacMahan Line.
South: - Along the lnnerline (Assam-Arunachal Pradesh Boundary) starting from Sisiri River in western side to Hetzu Rivel in eastern side.
West: - The common boundary with Siang District.
[Schedule - V]
[Substituted by the Arunachal Pradesh (Reorganization of Districts) Amendment Act 1987, (7 of 1987) Published m AP Gazette EO No 238,VOL III Dtd October 20,1987.]
[See Section 6 A (1) ]
Extent and Boundaries of the Changlang District
The Changlang District shall 'comprise the areas which immediately before the appointed day were comprised in the existing Changlang Sub-division.
[Schedule - VI]
[Substituted by the Arunachal Pradesh(Reorganization of Districts) Amendment Act 2011, (7 of 2011) Published in AP Gazzette EO No 200,VOL XVII Dtd 9th Dec 2011.]
[See section 6A (3) ]
Extent and Boundaries of Longding District
The Longding District shall comprise the areas which immediately before the appointed day were comprise in the existing Longding Sub-Division excluding jurisdiction of Naitong Village which falls under Borduria Village Reserve Forest.
[Inserted by the Arunachal Pradesh(Reorganization of Districts) Amendment Act 2013, (2 of 2014) Published in AP Gazette EO No 32,VOL IV Dtd 3rd March 2014.]
[Inserted by the Arunachal Pradesh) Reorganization of Districts) Amendment Act 1994, (I of 2004) Published in AP Gazette EO No 23,VOL XIII Dtd 19 March 2004.]
[Inserted by the Arunachal Pradesh Reorganization of Districts; Amendment Act 2017, (II of 2017) Published m AP Gazette EO No 577,VOL XXIV Dtd December 4, 2017.]
|
65ba1eb1ab84c7eca86eaa67 | acts |
State of Maharashtra - Act
----------------------------
The Maharashtra Increase of Land Revenue and Special Assessment Rules, 1974
-----------------------------------------------------------------------------
MAHARASHTRA
India
The Maharashtra Increase of Land Revenue and Special Assessment Rules, 1974
=============================================================================
Rule THE-MAHARASHTRA-INCREASE-OF-LAND-REVENUE-AND-SPECIAL-ASSESSMENT-RULES-1974 of 1974
-----------------------------------------------------------------------------------------
* Published on 31 August 1974
* Commenced on 31 August 1974
The Maharashtra Increase of Land Revenue and Special Assessment Rules, 1974
Published vide Notification No. G. N., R. & F. D., No. Revenue 1074/26891-CI, dated 31st August, 1974 (M. G., Part 4B, p. 1106)
In exercise of the powers conferred by sub-section (1) of section 13 of the Maharashtra Increase of Land Revenue and Special Assessment Act, 1974 (Maharashtra XX of 1974), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules without previous publication as allowed under sub-section (2) of the said section 13 (being rules made for the first time), namely :-
### 1. Short title.
- These rules may be called the Maharashtra Increase of Land Revenue and Special Assessment Rules, 1974.
### 2. Definitions.
(1) In these rules, unless the context requires otherwise, -
(a) "Act" means the Maharashtra Increase of Land Revenue and Special Assessment Act, 1974;
(b) "Section" means section of the Act;
(c) "Form" means a form appended to these rules.
(2) Words and expressions used in these rules, but not defined therein shall have the meanings respectively assigned to them in the Act.
### 3. Form of return under section 6 [or section 6-A]
[Inserted by G. N. of 8.9.1987.]
and other particulars to be mentioned in such return.
(1) The return to be submitted [in the City of Bombay, to such revenue officer as the Collector may, by order in writing in this behalf designate, and elsewhere, to the Tahsildar under section 6 or 6-A]
[Substituted by G. N. of 8.9.1987.]
shall be in the Form I.
(2) [\* \* \*]
[Deleted by G. N. of 31.10.1976.]
### 4. Form of assessment list and the particulars to be mentioned in such list.
(1) The assessment list to be prepared under sub-section (1) of section 7, -
(a) in respect of the increase of land revenue leviable on the amount of total land revenue shall be in Form II; and
(b) in respect of increase of land revenue leviable on the amount of special assessment shall be in Form III.
(2) [\* \* \*]
[Deleted by G. N. of 31.10.1976.]
### 5. Manner of publishing assessment list under section 6(5) .
(1) The assessment list prepared under sub-section (1) of section 7 shall, as soon as practicable after it is prepared, be published by affixing a copy thereof -
(a) [ at the office of such revenue officer as the Collector may by order in writing in this behalf designate in the City of Bombay and elsewhere at the office of Tahsildar or Naib Tahsildar;]
[Substituted by G. N. of 8.9.1987.]
(b) [ at the office of the Collector in respect of the City of Bombay and at the village chavdi, elsewhere; and]
[Substituted by G. N. of 8.9.1987.]
(c) on the notice board of the village panchayat and where there is no village panchayat at any prominent place in the village.
Explanation I. - Where the assessment list is in respect of lands which are situated in more than one village, it shall be published in every such village.
Explanation II. - Where a person has lands in more than one village and if the assessment list is published in any one of these villages, it shall be considered that the requirement of publication of assessment list has been complied with as far as that person is concerned.
(2) The fact that the assessment list has been prepared and published may also be announced in the village by beat of drum [or by publishing in the local newspaper having wide publicity.]
[Added by G. N. of 8.9.1987.]
### 6. Manner of making application [\* \* \*]
[Deleted by G. N. of 8.9.1987.]
under section 7(6) .
- An application to [such revenue officer as designated by the Collector in the City of Bombay and to the Tahsildar elsewhere]
[Substituted by G. N. of 8.9.1987.]
under sub-section (6) of section 7 shall -
(a) state clear, concise and intelligible language the grounds on which the correctness of the assessment list or any particulars therein are disputed;
(b) specify the name and address of the applicant;
(c) bear the signature or thumb impression of the applicant or of his duly authorised agent; and
(d) either be presented to [such revenue officer as designated by the Collector in the City of Bombay and to the Tahsildar elsewhere]
[Substituted by G. N. of 8.9.1987.]
in person or be sent to him by post.
### 7. Manner of making appeal to Collector.
(1) Every appeal to the Collector [and in cases covered by sub-sections (3) and (4) of section 7 to the officer authorised by the State Government under sub-section (7) of section 7] shall be in the form of a petition, addressed to Collector or, as the case may be, the authorised officer [\* \* \*]
[Deleted by G. N. of 31.10.1976.]
. It shall bear the signature or thumb impression of the appellant, or his duly authorised agent.
(2) Every such appeal shall specify the name and address of the appellant and shall clearly [set forth concisely and under distinct heads the grounds of objection to the order appealed from without any argument or narrative]
[Substituted by G.N. of 31.10.1976.]
.
(3) Every such appeal shall either be presented to the Collector or, as the case may be, the authorised officer in person or be forwarded to him by post.
(4) Every such appeal shall be accompanied by the original or a certified copy of the order of [such revenue officer as designated by the Collector in the City of Bombay or of the Tahsildar, as the case may be]
[Substituted by G.N. of 31.10.1976.]
, against which the appeal is made.
Form I
Form of Return
[See rule 3(1) ]
Name :
Address:
Ordinary Place of Residence :
Part I – {|
-------------
|-
| Name of the person who is primarily liable to pay
land revenue
| Status of person mentioned in column 1, that is
whether an occupant, lessee of Government, superior holder,
tenant or mortgagee in possession etc.
| Name of village, taluka and district in which
land is located
| Survey number or sub-division of land
|-
| 1
| 2
| 3
| 4
|-
|
|
|
|
|}
| | | | |
| --- | --- | --- | --- |
|
Area of land mentioned in column 4
|
Amount of ordinary land revenue payable in
respect of land mentioned in column 4
|
Amount of local cess payable in respect of land
mentioned in column 4
|
Amount of total land revenue payable (column 6
plus column 7)
|
|
5
|
6
|
7
|
8
|
|
H.A.
|
Rs.
|
p.
|
Rs.
|
p.
|
Rs.
|
p.
|
|
|
|
|
|
[Note. - Description of the locality or division and the City survey number (s) of land (s) should be appropriately filled in columns 3 and 4 whenever the information relates to the land (s) situated in the City of Bombay.]
[Added by G. N. of 8.9.1987.]
Part II – {|
--------------
|-
| Name of the person who is primarily liable to pay
special assessment under section 5 of the Maharashtra Education
Cess Act, 1962
| Status of person mentioned in column 1, that is
whether an occupant lessee of Government, superior holder, tenant
or mortgagee in possession etc.
| Name of village, taluka and district in which
land is located
| Survey number of sub-division of land on which
commercial crops are raised
|-
| 1
| 2
| 3
| 4
|-
|
|
|
|
|}
| | | | | |
| --- | --- | --- | --- | --- |
|
Area of the land mentioned in column
|
Name of the commercial crop raised
|
Rate of special assessment per hectare
|
Amount of[special]
[Substituted by G. N. of 31.10.1976.]
assessment payable on land
mentioned in column 4
|
Name of the person primarily liable to pay land
revenue, if he is not the same person as is mentioned in column 1
|
|
5
|
6
|
7
|
8
|
9
|
|
HA
|
Rs. P.
|
Rs. P.
|
|
|
[Note. - Description of the locality or division and City survey number (s) of land (s) should be appropriately filled in columns 3 and 4 whenever the information relates to the land (s) situated in the City of Bombay.]
[Added by G. N. of 8.9.1987.]
Form II
Assessment List of Increase of Land Revenue leviable on the Amount of Total Land Revenue
[See rule 4(1) (a)]
[Substituted by G. N. of 8.9.1987.]
| | | | | |
| --- | --- | --- | --- | --- |
|
Sr. No.
|
Name of person who is liable to pay increase of
land revenue under section 4
|
Status of the person mentioned in column 2, that
is whether an occupant lessee of Government, superior holder,
mortgagee in possession etc.
|
Name of the village, taluka and district in which
the land is located
|
Survey number of sub-division of land held by
person mentioned in column 2
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Aggregate area of the land mentioned in column 5
|
Aggregate amount of ordinary land revenue payable
in respect of land mentioned in column 5
|
Aggregate amount of local cesses payable in
respect of land mentioned in column 5
|
Amount of total land revenue payable (column 7
plus column 8)
|
Amount of increase of land revenue payable under
section 3
|
|
6
|
7
|
8
|
9
|
10
|
|
HA
|
Rs. P.
|
Rs. P.
|
Rs. P.
|
Rs. P.
|
[Note. - Description of the locality or division and the City survey number (s) of land (s) should be appropriately filled in columns 4 and 5 whenever the information relates to the land(s) situated in the City of Bombay]
[Added by G. N. of 8.9.1987.]
.
Form III
Assessment List of Increase of Land Revenue leviable on the Amount of Special Assessment
[See rule 4(1) (b)]
[Substituted by G. N. of 8.9.1987.]
| | | | | |
| --- | --- | --- | --- | --- |
|
Sr. No.
|
Name of person who is liable to pay increase of
special assessment under section 4
|
Status of the person mentioned in column 2, that
is whether an occupant lessee of Government, superior holder,
mortgagee in possession etc.
|
Name of the village, taluka and district in which
the land is located
|
Survey number of sub-division of land held by
person mentioned in column 2 on which commercial crops are grown
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Aggregate area of the land mentioned in column 5
|
Aggregate amount of special assessment payable on
land mentioned in column 5 under the Maharashtra Education Cess
Act, 1962
|
Amount of increase of special assessment payable
under section 4
|
Name of the person primarily liable to pay land
revenue if he is not the same person as is mentioned in column 2
|
|
6
|
7
|
8
|
9
|
|
HA
|
Rs. P.
|
Rs. P.
|
Rs. P.
|
[Note. - Description of the locality or division and the City survey number (s) of land (s) should be appropriately filled in columns 4 and 5 whenever the information relates to the land (s) situated in the City of Bombay.]
[Added by G. N. of 8.9.1987.]
|
65b931a6ab84c7eca86e88f5 | acts |
State of Odisha - Act
-----------------------
The Orissa Hindu Religious Endowments Act, 1951
-------------------------------------------------
ODISHA
India
The Orissa Hindu Religious Endowments Act, 1951
=================================================
Act 11 of 1952
----------------
* Published on 1 January 1952
* Commenced on 1 January 1952
The Orissa Hindu Religious Endowments Act, 1951
Act
No. 11 of 1952
For Statement of Objects and Reasons, see Orissa Gazette Extraordinary/10-3-1951, page 49; and for Report of Select Committee, see ibid, 17-9-1951, pages 1-10, and tor proceedings in the Assembly, see Proceedings of the Orissa Legislative Assembly, Volume XIV, No. 23, pages 8-11.
An Act to provide for the better administration and governance of Hindu religious institutions and endowments in the State of Orissa Whereas it is expedient to amend and consolidate the law relating the administration and governance of Hindu religious institutions and endowments in the State of Orissa;
It is hereby enacted as follows :
Chapter-I Preliminary
### 1. Short title, extent, application and commencement.
(1) This Act may be called the Orissa Hindu Religious Endowments Act, 1951.
(2) It extends to the whole of the State of Orissa and applies to all Hindu public religious institutions and endowments.
Explanation I - In this sub-section Hindu public religious institutions and endowments do not include Jain or Buddhist public religious institutions and endowments but include Sikh public religious institutions and endowments.
Explanation II - [\* \* \*]
[Omitted vide O.H.R.E. (Amendment) Act, 1954 (O.A. No. 18 of 1954).]
.
(3) It shall [come into force on such date]
[The Act came into force with effect from the 1st January, 1955, vide Notification No. 7631-End./22-12-1955-published vide Orissa Gazette, Part-III/31 -12-1955]
as the State Government may, by notification, direct.
### 2. Power to extend Act to Jain or Buddhist institutions and endowments.
- The State Government may, by notification, extend to any Jain or Buddhist public religious institution and endowment or to any public endowment of a charitable and religious institution all or any of the provisions of this Act and of any rules made thereunder and may declare such extension to be subject to such restrictions and modifications as they think fit :
Provided that before issuing such notification, the State Government shall, publish in the Gazette a notice of their intention to do so, fix a period not exceeding three months from the date of publication of the notice for the persons interested in the institution and endowment concerned to show-cause against the issue of such notification and consider their objections, if any.
### 3. Definitions.
- In this Act unless there Is anything repugnant in the subject or context-
(i) "Assistant Commissioner" means an Assistant Commissioner appointed under Section 5;
(ii) "Commissioner" means the Commissioner appointed under [Section 4]
[Substituted vide Orissa Gazette Extraordinary/7-10-1978-O.A. No. 29 of 1978.]
;
(iii) "Collector" in any provision under this Act includes (a) any Deputy Collector who is specially empowered by the State Government to discharge any of the functions of a Collector under that provision; and (b) any Deputy Collector to whom the Collector may, by general or special order, transfer any of his functions under that provision;
[\* \* \*]
[Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
(iv) [ "Deputy Commissioner" means the Deputy Commissioner appointed under Section 5 ;]
[Inserted vide Orissa Gazette Extraordinary/7-10-1978-O.A. No. 29 of 1978.]
(v) [ "Endowment Fund" means the Orissa Hindu Religious Endowments Administration Fund constituted under Section 63;]
[Substituted vide O.A. No. 18 of 1954.]
(vi) "hereditary trustee" means the trustee of a religious institution succession to whose office devolves by hereditary right since the time of the founder or is regulated by custom or is specifically provided for by the founder, so long as such scheme of succession is in force; [\* \* \*]
[Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
(vii) "math" means an institution for the promotion of the Hindu religion presided over by a person whose duty is to engage himself in spiritual service or who exercises or claims to exercise spiritual headship over a body of disciples and succession to whose office devolves in accordance with the directions of the founder of the institution or is regulated by custom and includes places of religious worship other than a temple and also places of instruction or places for the maintenance of Vidyarthis or places for rendering charitable or religious services in general which are or may be appurtenant to such institution;
(viii) "non-hereditary trustee" means a trustee who is not a hereditary trustee;
(ix) [\* \* \*]
[Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
;
(x) "person having interest" means-
(a) in the case of a math a disciple of the math or a person [at the religious persuasion]
[Substituted vide Orissa Gazette Extraordinary/7-10-1978-O.A. No. 29 of 1978.]
to which the math belongs;
(b) in the case of a temple, a person who visits or who is entitled to visit the temple for darsan of the deity or attend at the performance of worship or service in the temple or who is in the habit of attending such performance or of partaking in the benefit of the distribution of gifts thereat, and in the case of a specific endowment, a person who visits or who is entitled to attend at or is in the habit of attending the performance of the service or charity, or who is entitled to partake or is in the habit of partaking in the benefit of the charity;
(xi) "prescribed" means prescribed by rules made by the State Government under this Act;
(xii) "religious endowment" or "endowment", means all property belonging to or given or endowed for the support of maths or temples or given or endowed for the performance of any service or chairty connected therewith or of any other religious charity, and includes the institution concerned and the premises thereof and also all properties used for the purposes or benefit of the institution and includes all properties acquired from the income of the endowed property :
Provided that gifts of immovable properties made as personal gifts to hereditary trustee of a math or temple or the archaka, sevaka, service-holder or other employee of a religious institution shall not be so included, if the donee has been possessing and enjoying the same as a separate and distinct identity all along;
Explanation I - Any jagir or inam granted to an archaka, sevaka, service-holder or other employee of a religious institution for the performance of any service or charity in or connected with a religious institution shall not be deemed to be a personal gift to the said archaka, service-holder or employee but shall be deemed to be a religious endowment;
Explanation II - All property which belonged to or was given or endowed for the support of a religious institution, or which was given or endowed for the performance of any service or charity of a public nature connected therewith or of any other religious charity shall be deemed to be a "religious endowment" or "endowment" within the meaning of this definition, notwithstanding that, before or after the commencement of this Act, the religious institution has ceased to exist or ceased to be used as a place of religious worship or instruction, or the service or charity has ceased to be performed :
[Provided that this Explanation shall not be deemed to apply in respect of any property which is vested in any person before the commencement of this Act by the operation of the law of limitation;]
[Added vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
Explanation III - Where an endowment has been made or property given for the support of an institution which is partly of religious and partly of a secular character or where an endowment made or property given is appropriated partly religious and partly to secular uses, such endowment or property or the income therefrom shall be deemed to be a religious endowment and its administration shall be governed by the provisions of this Act.
Explanation IV - [\* \* \*]
[Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
.
(xiii) "religious institution" means a math, a temple and endowment attached thereto or a specific endowment and includes an institution under direct management of the State Government;
(xiv) "specific endowment" means any property or money endowed-
(a) for the performance of any specific service or charity in a math or temple, or
(b) for the performance of any other religious charity, but does not include any jagir or inam of the nature described in Explanation I to Clause (xii);
(xv) "temple" means a place by whatever designation known, used as a place of public religious worship and dedicated to, or for the benefit of, or used as of right by, the Hindu community, or [any class or section thereof,]
[Substituted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
as a place of public religious worship and also includes any cultural institution or mandap or library connected with such a place of public religious worship; (xvi) "trustee" means a person by whatever designation known, in whom the administration of a religious institution and endowment are vested, and includes any person or body who or which is liable as if such person or body were a trustee;
(xvii) "year" means the financial year.
Chapter-II Powers and duties of Commissioner and others
### 4. [ Appointment of Commissioner.
[Sections 4, 5, 5-A and 6 substituted for original Sections 4, 5 and 6 vide O. H. R. E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
- The State Government may, by notification, appoint a person who professes the Hindu religion [and who is a member of the Orissa Superior Judicial Service, Senior Branch] to be the Commissioner of Endowments and he shall cease to hold office as such when he ceases to process that religion.
### 5. Appointment of [Deputy and]
[Inserted vide O.A. No. 29 of 1978-w.e.f. 7-6-1978.]
Assistant Commissioners.
(1) The State Government may appoint a [Deputy Commissioner]
[Inserted vide O.A. No. 29 of 1978-w.e.f. 7-6-1978.]
and such number of Assistant Commissioners as they deem necessary.
(2) Appointment of the said officers shall be from among persons who prefers the Hindu religion and who are members of the State Judicial Service-
(a) in the case of the [Deputy Commissioner,]
[Inserted vide O.A. No. 29 of 1978-w.e.f. 7-6-1978.]
not below rank of a Subordinate Judge ; and
(b) in the case of an Assistant Commissioner, of the rank of a Munsif or above, and they shall cease to hold office as such when they cease to profess that religion.
### 5A. Officers and servants to be appointed by the Commissioner.
- The Commissioner of Endowments may, subject to the control of the State Government, from time to time, appoint such subordinate officers and staff, as may be deemed necessary for the purpose of this Act and they shall, subject to the control of the Commissioner, discharge such functions and perform such duties as may be assigned to them by the Commissioner [Deputy Commissioner]
[Inserted vide O.A. No. 29 of 1978-w.e.f. 7-6-1978.]
or the Assistant Commissioners.
### 6. [Conditions of services of Commissioner, Deputy Commissioner, etc.]
[Added vide O.A. No. 29 of 1973-w. e. f. 7-6-1978.]
(1) The Commissioner, the Deputy Commissioner, the Assistant Commissioners, the subordinate officers and staff appointed under this Act shall be the servants of the State Government and they shall draw their pay, pension, leave and other allowances from the Consolidated Fund of the State. The conditions of service of such officers shall be such as may be prescribed from time to time.
(2) There shall be paid out of the Endowment Fund and the State Government shall have power to direct the payment of, at such time as they may deem fit, such cost as the State Government may from time to time incur from out of the Consolidated Fund on account of pay, pension, leave and other allowances of the Commissioner, the [Deputy Commissioner]
[Inserted vide O.A. No. 29 of 1978-w.e.f. 7-6-1978.]
Assistant Commissioners, other subordinate officers and staff appointed under this Act.]
### 7. Powers and duties of Commissioner.
(1) Subject to the provisions of this Act, the general superintendence of all religious institutions and endowments shall vest in the Commissioner.
[\* \* \*]
[Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
(2) []
[Re-numbered vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
The Commissioner may do all things which are reasonable and necessary to ensure that the religious institutions and endowments are properly administered and that their income is duly appropriated for the purposes which they were founded or exist.
Explanation - The Commissioner shall have power to pass such interim orders as he deems necessary for the proper maintenance of a religious institution, or the proper administration of a religious endowment including the power to pass such orders if and when necessary for the proper management of any institution when a dispute concerning the same is pending in a Court.
### 8. Powers and duties of the Deputy and Assistant Commissioners.
- [(1) ]
[Re-numbered vide O.A. No. 29 of 1978.]
[The Deputy Commissioner]
[Inserted vide O.A. No. 29 of 1978.]
and the Assistant Commissioners shall exercise such powers and discharge such duties as are assigned to them by or under this Act, either generally or in respect of any particular area :
Provided that the Commissioner, may, subject to the other provisions of this Act, by order in writing, declare that the exercise of all or any of such powers and discharge of all or any of such duties shall be subject to such exceptions, limitations and conditions as may be specified in the order and he may himself exercise or discharge any power or duties so excepted.
(2) [ [The Deputy Commissioner]
[Added vide O.A. No. 29 of 1978.]
and the Assistant Commissioners shall, for the proper management of the institution, have power to pass such interim orders as they deem necessary in the course of proceedings pending before them.]
### 8A. [ Delegation of power by the Commissioner.
[Inserted vide O.A. No. 29 of 1978.]
- The Commissioner may transfer any appeal filed before him to [the Deputy Commissioner] for hearing and disposal and any appeal so transferred and disposed of by [the Deputy Commissioner]
[Inserted vide O.A. No. 29 of 1978.]
shall, for the purposes of this Act, be deemed to have been disposed of by the Commissioner.
### 8B. Power of authorities to act without initiating proceedings under Section 41.
(1) Notwithstanding anything contained in any o\*her provision of this Act the Commissioner, [the Deputy Commissioner]
[Inserted vide O.A. No. 29 of 1978.]
and the Assistant Commissioners shall have power to take action under any of the provisions of this Act in respect of any institution, if on information received or otherwise, they are satisfied that such institution is a religious institution within the meaning of this Act.
(2) For the removal of doubts, it is hereby declared that where any person disputes such action on the ground that the institution is not a religious institution within the meaning of this Act, he may raise a dispute as provided in Section 41.]
### 9. Power of Commissioner to call for records and pass orders.
(1) The Commissioner may call for and examine [the record of any proceeding under this Act before the Deputy Commissioner]
[Substituted vide O.A.No. 29 of 1978.]
[or before an Assistant Commissioner except under Sub-section (1) of Section 27]
[Substituted vide O.A. No. 13 of 2003 (O.G.E. No. 825 dated 31.5.2003).]
to satisfy himself as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed thereon; and if in any case it appears to the Commissioner that any such decision or order shall be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly : Provided that the Commissioner shall not pass any order prejudicial to any party without hearing him or giving him a reasonable opportunity of being heard :
[Provided further that in cases where an appeal lies under this Act, no proceedings by way of revision shall be entertained by the Commissioner at the instance of a person who could have appealed :]
[Inserted vide O.A.No. 29 of 1978.]
Provided also that nothing in this sub-section shall apply to the proceedings in an appeal transferred by the Commissioner to the Deputy Commissioner for hearing and disposal.
(2) The Commissioner may stay the execution of any such decision or order, pending the exercise of his power under Sub-section (1) in respect thereof.
Sections 9(1) and 27-Power of Commissioner under Section 9 (1) to call for records and pass order has not in any way been abridged or taken away by virtue of amendment of Section 27 in 1992 relating to appointment of non-hereditary trustee having prior approval of the State Government : 1993 (II) OLR 93.
### 10. [\* \* \*]
[Omitted vide O.A.No. 29 of 1978.]
### 11. [\* \* \*]
[Omitted vide O.A.No. 29 of 1978.]
### 12. Power to enter religious institutions.
(1) The Commissioner, [the Deputy Commissioner]
[Inserted vide O.A.No. 29 of 1978.]
and Assistant Commissioners and such other officers professing Hindu religion as may be authorised by the Commissioner in this behalf shall have power to enter [subject to the local practice, customs or usages]
[Inserted vide O.A. No. 18 of 1954.]
[the premises of any religious institution or]
[Inserted vide O.A. No. 18 of 1954.]
any place of worship at any reasonable hour for the purpose of exercising any power conferred, or discharging any duty imposed, by or under this Act.
[\* \* \*]
[Omitted vide O.A. No. 18 of 1954.]
(2) If any such officer is resisted in the exercise of such power or discharge of such duty, the Magistrate having jurisdiction shall, on a written requisition form such officer, direct any Police Officer not being below the rank of Sub-Inspector to render such help as may be necessary to enable the officer to exercise such power or discharge such duty.
(3) Nothing in this section shall be deemed to authorise any person who is not a Hindu to enter the premises or place referred to it Sub-section (1) or any part thereof.
### 13. Trustee bound to obey orders issued under the act.
- The trustee of a religious institution shall be bound to obey all orders issued under the provisions of this Act by the State Government, the Commissioner, [the Deputy Commissioner]
[Inserted vide O.A.No. 29 of 1978.]
or [an]
[Substituted vide O.A. No. 18 of 1954.]
Assistant Commissioner.
### 14. Care required of trustee and his powers.
(1) The trustee of every religious institution is bound to administer its affairs and to apply its funds and properties in accordance with the terms of the trust, the usage of the institution and all lawful directions which a competent authority may issue in respect thereof and as carefully as a man of ordinary prudence would deal with such affairs, funds and properties as if they were his own.
(2) A trustee shall, subject to the provisions of this Act, be entitled to exercise all powers incidental to the provident and beneficial administration of the religious institution and to do all things necessary for the due performance of the duties imposed on him.
(3) A trustee shall not be entitled to spend the funds of the religious institution for meeting any costs, charges or expenses incurred by him in any suit, appeal or application or other proceeding for, or incidental to, his removal from office or the taking or any disciplinary action against him :
Provided that the trustee may reimburse himself in respect of such costs, charges or expenses if he is specifically permitted to do so by an order passed under Section 69.
### 15. Preparation of register for all institutions.
(1) For every religious institution, there shall be prepared and maintained a register showing-
(a) the names of past and present trustees and particulars as to the custom, or the direction of the founder, if any, regarding succession to the office of trustee;
(b) particulars of all endowments of the institution and all title deeds and other documents including the properties standing in the name of the hereditary trustees relating thereto;
(c) particulars of the scheme of administration and of the scale of expenditure;
(d) the names of all officers to which any salary, emolument or perquisite is attached and the nature, time and conditions of service in each case;
(e) the jewels, gold, silver, precious stones, all vessels and other movables belonging to the institution with their estimated value;
(f) particulars of the idols and other images in or connected with the institution, whether intended for worship or for being carried in processions;
(g) such other particulars as may be required by [the Commissioners]
[Substituted vide Orissa Act No. 18 of 1954.]
.
(2) The register shall be prepared, signed and verified by the trustee of the institutions concerned or by his authorised agent and submitted by him to [the Commissioner,]
[Substituted vide Orissa Act No. 18 of 1954.]
in duplicate through the Assistant Commissioner, within one year from the commencement of this Act or from the founding of the institution, as the case may be, or within such further period not exceeding one year as may be allowed by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
:
Provided that each trustee shall be required to swear an affidavit that the list of properties, both movable or immovable, owned by the institution and furnished, is exhaustive :
Provided further that this sub-section shall not apply where a register so signed and verified has been submitted to [the Commissioner]
[Substituted vide O.H.R.E. (Amendment) Act, 1954-O. A. No. 18 of 1954.]
before the commencement of this Act.
(3) The Assistant Commissioner may, after such enquiry as he may consider necessary, recommend such alterations, omissions or additions in the register as he may think fit.
(4) [The Commissioner]
[Substituted vide O.H.R.E. (Amendment) Act, 1954-O. A. No. 18 of 1954.]
may, after receiving the register and the recommendations of the Assistant Commissioner with respect thereto and making such further inquiry, as he may consider necessary, direct the trustee to make such alterations, omissions or additions in the register as he may deem fit.
(5) The trustee shall carry out the orders of [the Commissioner]
[Substituted vide O.H.R.E. (Amendment) Act, 1954-O. A. No. 18 of 1954.]
and then submit the register to [the Commissioner]
[Substituted vide O.H.R.E. (Amendment) Act, 1954-O. A. No. 18 of 1954.]
for approval.
(6) A copy of the register as approved by [the Commissioner]
[Substituted vide O.H.R.E. (Amendment) Act, 1954-O. A. No. 18 of 1954.]
shall be furnished to the trustee and to the Assistant Commissioner concerned.
### 16. Annual verification of the register.
(1) The trustee or his authorised agent shall scrutinise the entries in the register every year, or after such interval, as may be prescribed, and submit to the Commissioner for his approval, through the Assistant Commissioner, a verified statement showing the alterations, omissions or additions required in the register.
(2) The Commissioner may, thereupon, after such inquiry as he may consider necessary, direct what alterations, omissions or additions, if any, should be made in the register.
(3) A copy of the order made under Sub-section (2) shall be furnished to the trustee and to the Assistant Commissioner concerned.
(4) The trustee shall carry out the alterations, omissions or additions ordered by the Commissioner in the copy of the register kept by him.
### 17. Trustee to furnish accounts, returns, etc.
- The trustee of every religious institution shall furnish to the Commissioner, [the Deputy Commissioner]
[Inserted vide O.A. No. 29 of 1978.]
or the Assistant Commissioner such accounts, returns, reports or other informations relating to the administration of the institution in his charge, its funds, property or income or moneys connected therewith, or the appropriation thereof, as the Commissioner, [the Deputy Commissioner]
[Inserted vide O.A. No. 29 of 1978.]
or the Assistant Commissioner may require, and at such time and in such form as he may direct.
### 18. Inspection of property and documents.
- The Commissioner, [the Deputy Commissioner]
[Inserted vide O.A. No. 29 of 1978.]
or Assistant Commissioner, or any officer or other person deputed by the Commissioner, [the Deputy Commissioner]
[Inserted vide O.A. No. 29 of 1978.]
or Assistant Commissioner in this behalf, may inspect all movable and immovable property belonging to all records, correspondence, plans, accounts and other documents relating to any religious institution ; and it shall be the duty of the trustee of such institution and all officers and servants working under him, his agent and any person having concern in the administration thereof, to afford all such assistance and facilities as may be necessary or reasonably required in regard to such inspection, and also produce any such movable property or document for inspection if so required.
### 19. [ Alienation of immovable trust property.
[Substituted vide O.H.R.E. (Amendment) Act, 1954-O. A. No. 18 of 1954]
(1) Notwithstanding anything contained in any law for the time being in force no transfer by exchange, sale or mortgage and no lease for a term exceeding five years of any immovable property belonging to, or given or endowed for the purpose of, any religious institution, shall be made unless it is sanctioned by the Commissioner as being necessary or beneficial to the institution and no such transfer shall be valid or operative unless it is so sanctioned.]
[Explanation - A lease for a term not exceeding five years but with a condition of renewal permitting continuance of the lease beyond five years shall, for the purposes of this sub-section, be deemed to be a lease for a term exceeding five years
(1-a) The fact of execution of a lease deed with a condition for renewal or renewal of such a deed shall be communicated to the Commissioner by the Trustee not later than fifteen d3ys from the date of execution.
(1-b) After expiry of the term of the lease the lessee shall deliver possession of the leasehold land to the lessor, failing which, the Commissioner may take action in accordance with the provision of Section 68 :
Provided that all structures, permanent or temporary, if any, constructed plants and machineries and other things installed and kept on the leasehold land, which is a subject-matter of a lease executed after commencement of the Orissa Hindu Religious Endowments (Amendment) Act 22 of 1989 by the lessee, his servants or agents, shall become the property of the religious institution unless removed from the land within such period, as may be prescribed, after expiry of the term of lease, in respect of which the Commissioner shall take action under the provision of Section 68.
(1-c) Notwithstanding anything contained in the proviso to Sub-section (1-b), no property belonging to a person other than the lessee shall be subjected to confiscation under the said proviso, unless such person fails to remove his property within a period of thirty days from the date of publication of a notice which shall be issued by the Trustee within such period as may be prescribed after the expiry of the term of lease :
Provided that any person whose property is affected under Sub- section (1-c), may file an application to the Commissioner claiming the property whose decision shall, subject to the decision of the Civil Court, be final.]
[Inserted vide O.A. No. 22 of 1989.]
(2) In according such sanction, the Commissioner may declare it to be subject to such conditions and directions as he may deem necessary regarding the utilization of the amount raised by the transaction, the investment thereof and in the case of a mortgage, regarding the discharge of the same within a reasonable period.
(3) A copy of the order made by the Commissioner under this section shall be communicated to the State Government and to the trustee and shall be published in such manner as may be prescribed.
(4) The trustee may, within thirty days from the date of receipt of a copy of the order and any person having interest may, within thirty days from the date of publication of the order, appeal to the State Government to modify the order or set it aside :
Provided that appeals from the orders communicated or published prior to the date of commencement of the Orissa Hindu Religious Endowment (Amendment) Act, 1980 shall lie within a period of three months from the date of communication or, as the case may be, publication of the order or within a period of thirty days from the commencement of the said Act whichever period expires earlier.
[(5) In any case where appeal has not been made to the State Government it appears to the State Government [that the alienation is not necessary or beneficial to the institution, or]
[Substituted vide O.A. No. 29 of 1978.]
that the consideration fixed in respect of the transfer by exchange, sale, mortgage or lease for a term exceeding five years of any immovable property is inadequate, they may, within ninety days from the date of the receipt of the order communicated to them under Sub-section (3) or the date of the publication of the order whichever date is later, call for the record of the case from the Commissioner and after giving an opportunity of hearing to the parties concerned, revise the order of the Commissioner :
Provided that in any case where the transfer has not been effected in pursuance of the order of the Commissioner under Sub-section (1) , the State Government may exercise the aforesaid power even after the expiry of ninety days from the date of such order.
(6) The State Government may, by order, stay execution of the deed of transfer in respect of the immovable property which form the subject-matter of an appeal or revision till the disposal of the appeal, or as the case may be, the revision.
(7) The order of the Commissioner made under this section shall, subject to orders, if any, passed in an appeal or revision, be final.]
### 19A. [ Regulation of registration of documents.
[Inserted vide O.A. No. 22 of 1989.]
- Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under Section 17 of the Registration Act, 16 of 1908, purports to evidence a transfer, by exchange, sale, mortgage or by lease for a term exceeding five years, of any immovable property belonging to or given or endowed for the purpose of any public religious institution, no Registering Officer, appointed under that Act, shall register any such document unless the transfer or produces before such Registering Officer, the sanction order passed by the Commissioner under Section 19, or, as the case may be, no objection certificate in the prescribed form granted by the Commissioner or any Officer authorised by him in that behalf :
Provided that a no objection certificate granted under this sub-section shall not be a bar to a dispute or abate any dispute, if pending under Section 41:
Provided further that a no objection certificate shall be deemed to have been granted, if the Registering Officer is satisfied that the transfer or having applied for grant of no objection certificate to the Commissioner or the authorised officer, as the case may be, has not received the same within three months from the date of the application under Section 19 is moved before the Commissioner and that the application has not been rejected before expiry of that period.
### 19B. Restriction against money-lending.
- Notwithstanding anything contained in any other law for the time being in force, no religious institution shall lend or borrow money without the prior sanction of the Commissioner:
Provided that no such sanction shall be necessary for borrowing such amount as may be prescribed for meeting the urgent expenses to carry on the daily rituals of a religious institution.]
### 20. Authority of trustee to incur expenditure for securing the health, safety or convenience of pilgrims and worshippers.
(1) The trustee of a religious institution may out of the funds in his charge, after satisfying adequately the purposes of the institution, incur expenditure on arrangements for securing the health, safety or convenience of disciples, training of Vidyarthis or for securing the health and safety of pilgrims or worshippers resorting to the institution.
(2) [\* \* \*]
[Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
### 21. Enforcement of service or charity in certain cases.
(1) Where a specific endowment attached to a math or temple consists merely of a charge on property and there if failure in the due performance of the service or charity, the trustee of the math or temple concerned may require the person in possession of the property on which the endowment is a charge to pay the expenses incurred or likely to be incurred in causing the service or charity to be performed otherwise. In default of such person making payment as required, Assistant Commissioner may, on the application of the trustee and after giving the person in possession a reasonable opportunity of stating his objections in regard thereto, by order, determine the amount payable to the trustee.
(2) Where the person in possession of the property on which the endowment is a charge is not the person responsible in law for the performance of the service or charity and any amount is paid by or recovered from the person in possession, the Assistant Commissioner may, on the application of the person in possession and after giving the person responsible in law a reasonable opportunity of stating his objections in regard thereto, by order, require the person responsible in law to pay to the person in possession the amount so paid or recovered.
(3) Against an order of the Assistant Commissioner under Sub-section (1) or Sub-section (2), the trustee or the person affected may, within one month of the date of the receipt of the order by him, appeal to the Commissioner who may modify or cancel the same.
(4) On application by the trustee to the Collector of the district in which the property referred to in Sub-section (1) is situated, or an application by the person in possession to the Collector of the district in which is situated any property of the person responsible in law, as the case may be, the Collector shall recover from the person in possession, or the person responsible in law, as the case may be, the amount specified in the order of the Assistant Commissioner as modified by the order of the Commissioner, if any, and the expenses of such recovery, as if they were arrears of land revenue, and pay to the trustee or, as the case may be, to the person in possession, the amount due to him.
### 22. Power of trustee of math or temple over trustees of specific endowments.
- The trustee of a specific endowment made for the performance of any service or charity connected with a math or temple shall perform such service or charity subject to the general superintendence of the trustee of the math or temple and shall obey all lawful orders issued by him.
### 23. [
[Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
\* \* \*]
### 24. Resumption and re-grant of inam granted for the performance of any charity or service connected with a math or temple in case of alienation of the inam or of failure to perform the charity or service.
(1) Any exchange, gift, sale or mortgage and any lease for a term exceeding five years, of the whole or any portion of any inam or jagir granted for the support or maintenance of a religious institution or for the performance of a charity or service connected therewith or of any other religious charity made, confirmed or recognised by the State Government shall be null and void.
(2) (a)
The Collector may, on his own motion, or on the application of the trustee of the religious institution or of the Commissioner or the Assistant Commissioner or of any person having interest in the institution who has obtained the consent of such trustee or the Commissioner, by order, resume the whole or any part of any such inam or jagir on one or more of the following grounds, namely :
(i) that the trustee of the institution or the holder of such inam or jagir or part, as the case may be, has made an exchange, gift, sale or mortgage of such inam or part or any portion thereof or has granted a lease of the same or any portion thereof for a term exceeding five years ; or
(ii) that the religious institution has ceased to exist or the charity or service in question has in any way become impossible or incapable of performance ; or
(iii) that the holder of such inam or jagir or part has failed to perform or make the necessary arrangements for performing, in accordance with the custom or usage, the charity or service for performing which the inam had been made, confirmed or recognized as aforesaid, or any part of the said charity or service, as the case may be; or
(iv) that such service is no longer required.
When passing an order under this clause, the Collector shall determine whether such inam or jagir or the inam comprising such part, as the case may be, is a grant of both the landlord's interest and the ryot's interest or only of the landlord's interest :
Provided that in the absence of evidence to the contrary, the Collector shall presume that any minor inam is a grant of both the landlord's interest and the ryot's interest.
(b) Before passing an order under Clause (a), the Collector shall give notice to the trustee, to the Commissioner, to the Assistant Commissioner, to the inamdar concerned or where only a part of the inam is affected, to the holder of such part as well as to holders of the other part or parts and to the aliene, if any, of the inam, hear their objections, if any, and hold such inquiry as may be prescribed.
(c) A copy of every order passed under Clause (a) shall be communicated to each of the persons mentioned in Clause (b) and shall also be published in the manner prescribed.
(d) (i)
Any party aggrieved by an order of the Collector under Clause (a) may appeal to the Collector of the district within such time as may be prescribed and on such appeal the Collector of the district may, after giving notice to the Commissioner and each of the persons mentioned in Clause (b) and after holding such inquiry as may be prescribed, pass an order confirming, modifying or cancelling the order of the Collector.
(ii) The order of the Collector of the district on such appeal, or the order of the Collector under Clause (a) where no appeal is preferred under Sub-clause (i) to the district Collector within the time prescribed, shall be final:
Provided that where there has been an appeal under Sub-clause (i) and it has been decided by the Collector of the district or where there has been no appeal to the Collector of the district and the time for preferring an appeal has expired, any party aggrieved by the final order of the Collector of the district or the Collector, as the case may be, may file a suit in the Civil Court for determining whether that inam comprises both landlord's interest and the ryot's interest or only the landlord's interest. Such a suit shall be instituted within one year from the date of the order of the Collector of the district on appeal where there has been an appeal under Sub-clause (i) or from the date of the expiry of the period prescribed under Sub-clause (i) for an appeal to the Collector of the district in a case where there has been no appeal.
(e) Except as otherwise provided in Clause (d), an order of resumption passed under this section shall not be liable to be questioned in any Court of law.
(f) Where any inam or part of any inam is resumed under this section, the Collector or the Collector of the district, as the case may be, shall by order, regrant such inam or part-
(i) as an endowment to the religious institution concerned, or
(ii) in case of a resumption on the ground that the religious institution has ceased to exist or that the charity of service in question has in any way become impossible or incapable of performance, as an endowment for appropriation to such religious, educational or charitable institution as the Commissioner may recommend.
(g) The order of regrant made under Clause (f) shall, on application made to the Collector within the time prescribed, be executed by him in the manner prescribed.
(h) Nothing in this section shall affect the operation of Section 23.
### 25. [ Recovery of immovable trust property unlawfully alienated.
[Substituted vide O.A. No. 2 of 1981.]
(1) In case of any alienation, in.contravention of Section 19 of this Act or Section 51 of the Orissa Hindu Religious Endowments Act, 1939, or in case of unauthorised occupation of any immovable property belonging to or given or endowed for the purpose of any religious institution, the Commissioner may, after summary enquiry as may be prescribed and on being satisfied that any such property has been so alienated or unauthorisediy occupied send requisition to the Collector of the district to deliver possession of the same to the trustee of the institution or a person discharging the function of the said trustee.
(2) The Collector in exercising his powers under Sub-section (1), shall be guided by rules made under this Act.
(3) Any person aggrieved by the action of the Collector may institute a suit in the Civil Court to establish his rights.]
### 26. [\* \* \*]
[Omitted vide O.A. No. 18 of 1954.]
Chapter-III Religious institutions other than Maths and specific endowments attached thereto
### 27. Non-hereditary trustees, their number and appointment.
(1) The Assistant Commissioner shall, in cases where there is no hereditary trustee, [with the prior approval of the State Government]
[Inserted vide O.A. No. 4 of 1992.]
appoint non-hereditary trustee in respect of each religious institution other than maths and specific endowments attached thereto and in making such appointments, the Assistant Commissioner shall have due regard to the claims of persons belonging to the religious denomination for whose benefit the said institution is chiefly maintained.
[Provided that the Assistant Commissioner shall, before sending any proposal to the State Government for such prior approval, publish a notice in the Notice Board of the concerned religious institution and intimate the general public of the locality by beat of drum, inviting suggestions and objections on the proposal from all persons affected, to be made within a period of thirty days from the date of such publication, and forward to the State Government the suggestions and objections, if any, received, alongwith such proposal.
(1-a) On receipt of a proposal made under Sub-section (1) for the appointment of a Non-hereditary Trustee, the State Government may either accord the required approval or reject or modify the proposal of the Assistant Commissioner as it may deem fit in the interest of the persons belonging to the religious denomination for whose benefit, the concerned religious institution is chiefly maintained.]
[Inserted vide O.A. No. 13 of 2003 (O.G.E. No. 825 dated 31.5.2003).]
(2) A non-hereditary trustee shall, unless he is sooner removed or dismissed or otherwise ceases to be a trustee, hold office for a period of two years form the date of his appointment :
Provided that the Assistant Commissioner may, for sufficient reasons to be recorded by him, from time to time, extend the aforesaid term of a trustee, so, however, that the total extension so granted shall in no case exceed six months in the aggregate.
[(3) Every non-hereditary trustee holding office immediately prior to the date of commencement of the Orissa Hindu Religious Endowments (Amendment) Act, 1978 shall cease to hold office as such on the completion of a period of two years from the date of this appointment or on the expiration of three months from the date of commencement of the said Act, whichever is later.]
[Substituted vide O.A. No. 29 of 1978.]
### 28. Power to suspend, remove or dismiss trustees.
(1) [The Commissioner, in the case of a hereditary trustee, and the Assistant Commissioner, in the case of a non-hereditary trustee, may suspend, remove or dismiss the trustee of a religious institution referred to in Section 27]
[Substituted vide O.A. No. 29 of 1978.]
-
(a) for persistent default in the submission of budgets, accounts, reports or returns or in payment of contribution or other dues payable to Government;
(b) for wilful disobedience of any order issued under the provisions of this Act by the State Government or the Commissioner, [the Deputy Commissioner]
[Inserted vide O.A. No. 29 of 1978.]
or Assistant Commissioner;
(c) for any malfeasance, misfeasance, breach of trust or neglect of duty in respect of the trust or alienation of the trust property in contravention of this Act, or the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939);
(d) for any misappropriation of, or improper dealing with, the properties of the institution of which he is trustee;
(e) for unsoundness of mind or other mental or physical defect or infirmity which makes him unfit for discharging the functions of a trustee ; or
(f) [\* \* \*]
[Omitted vide O.A. No. 29 of 1978.]
(2) When it is proposed to take action under Sub-section (1), the Commissioner or the Assistant Commissioner, as the case may be, shall frame charges against the trustee concerned and give him an opportunity of meeting such charge, of testing the evidence adduced against him and of adducing evidence in his favour ; and the order of suspension, removal or dismissal shall state the charges framed against the trustee, his explanation and the finding on each charge with the reasons therefor.
(3) Pending the disposal of the charges framed against the trustee, the Commissioner or the Assistant Commissioner may place the trustee under suspension and appoint a fit person to discharge the functions of the trustee.
(4) A trustee, who is suspended, removed or dismissed by an Assistant Commissioner under Sub-section (1), may within one month from the date of the receipt of the order of suspension, removal or dismissal, appeal to the Commissioner against such order in the prescribed manner and the Commissioner shall pass such orders on the appeal as he may thinks fit :
Provided that no appeal shall be entertained unless the person affected by the order complies with it and makes over charges of his office or unless such a condition is waived by the Commissioner at his discretion.
(5) [ Any hereditary trustee aggrieved by an order passed by the Commissioner under Sub-section (1) [\* \* \*]
[Inserted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
may within thirty days from the date of receipt of the order, appeal to the High Court and the Court may either summarily dismiss the appeal or after hearing the parties pass such orders as the Court may deem fit.
(6) A hereditary trustee so suspended, removed or dismissed may be allowed such maintenance allowance as may be fixed by the Commissioner considering the financial condition of the institution and the rules made in this behalf.]
### 29. [
[Substituted vide O.A. No. 29 of 1978.]
(1) A person shall be disqualified for appointment as a trustee, if he-
(a) is a minor;
(b) has been convicted by a Criminal Court of any offence involving moral turpitude;
(c) is of unsound mind and is so declared by a competent Court;
(d) is an undischarged insolvent;
(e) has directly or indirectly any interest in a lease or any other transaction relating to the property of the institution;
(f) is a paid employee of the institution or has any share or interest in a contract for the supply of goods to, or the execution of any works or the performance of any service undertaken by the institution;
(g) has been found to be guilty of misconduct; or
(h) does not profess the religion or does not belong to the religious persuasion or denomination to which the institution belongs.
(2) A trustee shall be disqualified to continue and shall cease to hold office as such if he incurs any of the disqualifications specified in Clauses (b) to (h) of Sub-section (1).]
### 30. Filling up of vacancies in the office of hereditary trustee.
- When a permanent vacancy occurs in the office of the hereditary trustee of such religious institution the next in the line of succession shall be entitled to succeed to the office.
(2) When a temporary vacancy occurs in such an office by reason of the suspension of the hereditary trustee under Sub-section (1) of Section 28 or by reason of his ceasing to hold office under the provisions of Section 29, the next in the line of succession shall be appointed to discharge the functions of the trustee until his disability ceases.
(3) When a permanent or temporary vacancy occurs in such an office and there is a dispute respecting the right of succession to the office, or when such vacancy cannot be filled up immediately or when a hereditary trustee is minor and has no legally constituted guardian fit and willing to act as such or there is a dispute respecting the person who is entitled to act as such guardian, the [\* \* \*]
[Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
Commissioner may, [\* \* \*]
[Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
appoint a fit person to discharge the functions of the trustee of the institution until the disability of the hereditary trustee ceases or another hereditary trustee succeeds to the office or for such shorter term as the [\* \* \*]
[Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
Commissioner may direct. The Commissioner [\* \* \*]
[Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
shall have power to remove such interim trustee for the reasons specified in Section 28.
Explanation - In making any appointment under this sub-section [\* \* \*]
[Omitted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
the Commissioner, shall have due regard to the claims of members of the family, if any, entitled to the succession.
(4) [ Nothing in this section shall affect the right of any person aggrieved by an order of the Commissioner under Sub-section (3) to establish the right to hold office of the hereditary trustee in a Court of law :
Provided that such Court shall have no power to stay the operation of the Commissioner, pending the disposal of the suit or other proceedings arising in relation thereto.]
[Substituted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
### 31. Appointment of office-holders and servants in religious institutions.
(1) Vacancies, whether permanent or temporary, amongst the office-holders or servants of a religious institution shall be filled up by the trustee in cases where the office or service is not hereditary,
(2) In cases where the office or service is hereditary the next in the line of succession shall be entitled to succeed.
(3) Where however there is a dispute respecting the right of succession, or
where such vacancy cannot be filled up immediately, or
where the person entitled to succeed is a minor without a legally constituted guardian fit and willing to act as such, or
where the hereditary office-holder or servant is suspended from his office under Sub-section (1) of Section 32;
the trustee may appoint a fit person to discharge the functions of the office of perform the service, until the disability of the office-holder or servant ceases or another person succeeds to the office or service, as the case may be.
Explanation - In making any appointment under this sub-section, the trustee shall have due regard to the claims of members of the family, if any, entitled to the succession.
(4) Any person affected by an order of the trustee under Sub-section (3) may, within one month from the date of the receipt of the order by him, appeal against the order to the Assistant Commissioner whose order shall be final :
Provided that no appeal shall be entertained unless the person affected by the order complies with it and makes over charge of his office or unless such a condition is waved by the Commissioner at his discretion.
### 32. Punishment of office-holders and servants in religious institutions.
(1) All office-holders and servants attached to a religious institution or in receipt of any emolument to perquisite from the institution shall, whether the office or service is hereditary or not, be controlled by the trustee ; and the trustee may fine, suspend, remove or dismiss any of them for breach of trust, incapacity, disobedience of orders, neglect of duty, misconduct or other sufficient cause.
(2) Any office-holder or servant punished by a trustee under Subsection (1) may, within one month from the date of the communication of the order to him, appeal to the Assistant Commissioner whose order shall be final.
(3) If any such office-holder or servant against whom an order, fine, suspension, removal or dismissal has been made by the trustee or the Assistant Commissioner, as the case may be, disobeys such order, he shall, unless he shows reasonable cause to the satisfaction of the Commissioner to the contrary, be liable to pay to the [Endowment Fund]
[Substituted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
within such date as may be specified in the order such penalty not exceeding [two]
[Substituted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
hundered rupees and in case of default a daily fine not exceeding twenty rupees. The penalty to be paid by such person shall in no case be paid from the fund of the institution concerned.
(4) If such penalty is not paid within the time fixed or within such further time as may be granted by the Commissioner, the Collector of the district, in which any property of the person against whom an order is made under Sub-section (3) is situated, shall, on a requisition made to him by the Commissioner, recover the amount as if it were an arrear of land revenue.
### 33. Office-holders and servants of temples, not to be in possession of jewels or other valuable articles except under conditions.
- [Without prejudice to the generality of the provisions of this Act no office-holder or servant of a temple shall have the right to be in possession of the jewels or other valuable belongings to the temple except under such conditions and safeguards as the Commissioner may by general or special order direct.]
[Substituted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.]
### 34. Fixing of standard scales of expenditure.
(1) The trustee of a religious institution may, from time to time, submit to the Assistant Commissioner proposals fixing the scale of expenditure in the institution, and the amounts which should be allotted to the various objects or ceremonies connected with such institution or the proportion in which the income or other property of the institution may be applied to such objects or ceremonies.
(2) The trustee shall publish such proposals at the premises of the institution and in such other manner as the Assistant Commissioner may direct, together with a notice stating that, within one month from the date of such publication, any person having interest might submit his objections or suggestions to the Assistant Commissioner.
(3) After the expiry of the said period, the Assistant Commissioner shall, after considering any objections or suggestions received by him, pass such order as he thinks fit on such proposals having regard to the established usage of the institution and its financial position and communicate a copy of the order to the trustee.
(4) The trustee or any person having interest may, within one month from the date of the receipt of the order by the trustee, appeal against it to the Commissioner.
(5) The scale of expenditure for the time being in force in an institution shall not be altered by the trustee except in accordance with the procedure laid down in this section :
Provided that the Assistant Commissioner may at any time on his own motion, for sufficient cause, direct the trustee to modify the scale of expenditure.
(6) The trustee or any person having interest may within one month from the date of the receipt by the trustee of any direction issued under the proviso to Sub-section (5) appeal against such direction to the Commissioner. The order of the Commissioner shall be final.
Chapter-IV Maths
### 35. Disqualification of hereditary trustees.
(1) A hereditary trustee of a math shall be declared disqualified and shall consequently cease to hold his office if he-
(a) is of unsound mind ; or
(b) is suffering from any physical or mental disease or defect or infirmity which renders him unfit to be a trustee ; or
(c) has ceased to profess and practise Hindu religion or tenets of the math ; or
(d) is convicted for any offence involving moral turpitude [\* \* \*]
[Omitted vide O.A. No. 18 of 1954.]
; or
(e) has committed breach of trust in respect of any of the properties of the religious institution ; or
(f) persistently and wilfully defaults in discharging his duties or functions under this Act or any other law for the time being in force or in payment of contribution or other dues payable to Endowment Fund.
(2) The Commissioner shall, after enquiry in accordance with the provisions of the Act and so far as may be, of the Code of Civil Procedure, 1908 (V of 1908) relating to trial of suits and with the prior approval of the State Government, declare by an order in writing whether a trustee is disqualified either temporarily or for the life-time under this section.
(3) Any person affected by the order of the Commissioner under Subsection (2) may within sixty days from the date of the receipt of the order by him appeal to the High Court.
(4) The hereditary trustee so disqualified may be allowed such maintenance as may be fixed by the Commissioner considering the financial condition of the institution and rules made in this behalf.
(5) If a trustee is declared disqualified under this section, it shall be the duty of the Commissioner to appoint one or more persons to discharge the functions of the trustee of the institution. In making any appointment under this sub-section the Commissioner shall have due regard to the claims of the next in line of succession and failing this of the disciples of the math;
Provided that in case of disqualifications falling under Clauses (a) and (b) of Sub-section (1) the appointment shall be until such period when the disqualification ceases.
### 36. Filling up of vacancies.
(1) When a vacancy occurs in the office of the trustee of a math or specific endowment attached to a math except as provided in the preceding section and there is a dispute respecting the right of succession to such office, or
when such office cannot be filled up immediately or when the trustee is a minor and there is no recognised guardian willing to act as such or when there is a dispute respecting the person who is entitled to act as such guardian,
[the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
after being satisfied that an arrangement for the administration of the math and its endowment or of the specific endowment, as the case may be, is necessary shall make such appointment and arrangements as he thinks fit until the dispute is settled or another trustee succeeds to the office, as the case may be. [The Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
may also remove such interim trustee for the reasons specified in Section 28.
(2) In making any appointment under Sub-section (1) [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
shall have due regard to the claims of the disciples of the math, if any, or in the absence of any such disciples of the math claims of one of the allied or as far as possible closely connected maths shall be taken into consideration.
(3) [ Nothing in this section shall affect the right of any person aggrieved by the order of [the Commissioner]
[Inserted vide Orissa Act No. 18 of 1954.]
under Sub-section (1) to establish his right of succession to the office of the trustee in a Court of law :
Provided that such Court shall have no power to stay the operation of the order of [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
pending disposal of the suit or other proceedings arising in relation thereto.]
### 37. Fixing of standard scales of expenditure.
(1) The trustee of every math or specific endowment attached to a math may, from time to time, submit to [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
proposals for fixing the scale of expenditure in the institution, and the amounts which should be allotted to the various objects or ceremonies connected with the institution or the proportions in which the income or other property of the institution may be applied to such objects or ceremonies.
(2) The trustee shall publish such proposals at the premises of the math and in such other manner as [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
may direct, together with a notice stating that, within one month from the date of such publication, any person having interest may submit suggestions to him.
(3) If, on a scrutiny of such proposals and any suggestions made by persons having interest, [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
is of opinion that the scale of expenditure or any item in the scale of expenditure is at variance with the established usages of the institution or for sufficient reasons needs modification, [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
may call for an explanation from the trustee and after considering the same, may pass such order as he thinks fit on such proposals and communicate a copy of the order to the trustee.
(4) The trustee or any person having interest may, within one month from the date of receipt by the trustee of any order under the foregoing provision, appeal [to the State Government and their decision shall be final].
### 38. [ \* \* \* ]
[Omitted vide Orissa Act No. 18 of 1954.]
### 39. Appointment of successors by hereditary trustees.
- When the hereditary trustee of a math nominates his successor he shall give intimation in writing to [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
, Subsequent changes in the nomination may also be intimated within three months of the nomination. For purpose of succession the last nominee so intimated shall be recognised by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
, If no appointment is made during life-time of the trustee, [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
shall have full power to appoint an Executive Officer and the trust shall be brought under the direct control of [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
and shall be treated as an institution under Chapter VII. In making this appointment [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
shall have due regard to the custom and usage and tenets of the math. Any person aggrieved by the decision may within ninety days from the date of the decision institute a suit in a competent Court of law to establish his right to the office of the hereditary trustee but pending the result of such suit, if any, the order of [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
shall be final.
### 40. [\* \* \*]
[Omitted vide Orissa Act No. 18 of 1954.]
Chapter-V Inquiries
### 41. Assistant Commissioner to decide certain disputes and matters.
(1) In case of a dispute the Assistant Commissioner shall have power to enquire into and decide the following disputes and matters -
(a) whether an institution is a public or religious institution;
(b) whether an institution is a temple or a math;
(c) whether a trustee holds or held office as a hereditary trustee;
(d) whether any property or money is of a religious endowment or specific endowment;
(e) whether any person is entitled, by custom or otherwise, to any honour, emolument or perquisite in any religious institution and what the established usage of a religious institution is in regard to any other matter;
(f) whether any institution or endowment is wholly or partly of a religious or secular character, and whether any property or money has been given wholly or partly for religious or secular uses; and
(g) where property or money has been given for the support of an institution or the performance of a charity, which is partly of religious and partly of a secular character or when any property or money given is appropriated partly to religious and partly to secular uses, as to what portion thereof shall be allocated to religious uses :
Provided that the burden of proof in all disputes or matters covered by Clauses (a) and (d) shall lie on the person claiming the institution to be private or the property or money to be other than that of a religious endowment or specific endowment, as the case may be.
(2) [ \* \* \*]
[Omitted vide Orissa Act No. 18 of 1954.]
### 42. [Power to frame schemes]
[Substituted vide Orissa Act No. 29 of 1978-w. e. f. 7.6.1978.]
.
(1) [Whenever there is reason to believe that in the interest of the proper administration of a religious institution a scheme may be settled for it, or when not less than five persons having interest make an application in writing stating that in the interests of the proper administration of a religious institution a scheme should be settled for it, the Assistant Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
or [the Deputy Commissioner]
[Substituted vide Orissa Act No. 29 of 1978-w. e. f. 7.6.1978.]
, as the case may be, shall proceed to frame a scheme in the manner hereinafter provided-
(a) in the case of a religious institution managed by a non-hereditary trustee the Assistant Commissioner shall consult in the prescribed manner the trustee and the persons having interest, and if after such consultation he is satisfied that it is necessary or desirable to do so, he shall after recording his reasons therefor by order frame a scheme for the administration of the institution;
(b) in the case of a religious institution presided over or managed by a hereditary trustee, the Assistant Commissioner shall make such enquiry as he thinks fit and submit his report to the Deputy Commissioner who shall hold an enquiry in the manner prescribed and so far as may be, in accordance with the provisions of the Code of the Civil Procedure, 1908 (V of 1908) relating to the trial of suits and if he is satisfied that in the interests of the proper administration of such institution a scheme of administration should be settled, he shall consult in the prescribed manner the trustee and the persons having interest and by order settle a scheme of administration for the institution.
(2) A scheme settled under Sub-section (1) for a temple or its specific endowment may contain provision for-
(a) fixing the number of non-hereditary trustees;
(b) removing any existing trustee, whether hereditary or non-hereditary anything in Section 28 to the contrary notwithstanding :
Provided that where provision is made in the scheme for the removal of a hereditary trustee, provision shall also be made therein for the appointment as trustee of the person next in succession who is qualified;
(c) appointing a new trustee or trustees in addition to, or in the place of, any existing trustee or trustees;
(d) defining the powers and duties of the trustee or trustees;
(e) the appointment of a paid Executive Officer, who shall be a person professing the Hindu religion, on such salary as may be fixed to be paid out of the funds of the institution; and defining the powers and duties of such trustee or officer :
Provided that the Executive Officer so appointed shall, for purposes of Section 68 be deemed to be a person appointed to discharge the functions of a trustee under this Act;
(f) appointing an Advisory Board where necessary in respect of institution where an Executive Officer is appointed as may be prescribed.
(3) A scheme settled under Sub-section (1) for a math may contain provision for-
(a) [\* \* \*]
[Omitted vide Orissa Act. No. 18 of 1954.]
the appointment of a paid Executive Officer, who shall be a person professing the Hindu religion, on such salary as may be fixed to be paid out of the trust funds, and defining the powers and duties of such officer :
Provided that the Executive Officer shall, for purposes of Section 68, be deemed to be a person appointed to discharge the functions of a trustee under this Act :
[\* \* \*]
[Omitted vide Orissa Act. No. 29 of 1978.]
(b) defining the powers and duties of the trustee;
(c) [ associating one or more person with the trustee or constituting a separate body for the purpose of participating or assisting in the whole or any part of the administration of the endowment of such math or of the specific endowment ; provided that such person or persons or the members of such body shall be chosen from persons having interest in such math or endowment.]
[Inserted vide Orissa Act No. 18 of 1954.]
(4) The Assistant Commissioner [or the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
, as the case may be, may determine what the properties of the religious institution are and append to the scheme a schedule containing a list of such properties:
Provided that the absence of such a schedule shall not invalidate the scheme :
Provided further that such determination shall not affect the rights of persons who are in hostile possession of any of the said properties.
(5) [The Deputy Commissioner]
[Substituted vide Orissa Act No. 29 of 1978-w. e. f. 7.6.1978.]
or the Assistant Commissioner, as the case may be, may, pending the framing of a scheme for a temple or a specific endowment [suspend the trustee]
[Inserted vide Orissa Act No. 29 of 1978-w. e. f. 7.6.1978.]
appoint a fit person to discharge all or any of the functions of the trustee thereof and define his powers and duties.
(6) The authority framing a scheme may, at any time, after consulting the trustee and the persons having interest, by order, modify or cancel any scheme settled under Sub-section (1) or under Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939].
(7) Every order of the Assistant Commissioner [or the Deputy Commissioner]
[Substituted vide Orissa Act No. 29 of 1978-w. e. f. 7.6.1978.]
settling, modifying or cancelling a scheme under this section shall, subject to the provisions of Section 44, be binding on the trustee, the Executive Officer and all persons having interest.
(8) [ An Executive Officer appointed in pursuance of a Scheme framed under this section may be removed by the appointing authority for all or any or any of the reasons specified in Section 28 and an appeal against the order of removal, if passed by the Assistant Commissioner or [the Deputy Commissioner]
[Inserted vide Orissa Act No. 29 of 1978-w. e. f. 7.6.1978.]
, shall lie to [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
if preferred within thirty days, from the date of order.]
### 43. Cypres application for funds.
(1) The Assistant Commissioner may, on being satisfied that the purpose of a religious institution has, from the beginning, been or has subsequently become, impossible or incapable of realisation, or that the machinery for effecting such purpose has failed or no longer exists, or that after providing adequately for the purposes of the institution and after setting apart a sufficient sum for the repair and renovation of the buildings connected therewith, there is a surplus which is not required for such purposes, by order direct that the endowments of the institution or such surplus as is declared to be available, as the case may be, be appropriated to religious educational or charitable purposes not inconsistent with the objects of the institution :
Provided that, in the case of a temple founded and maintained by a community or a specific endowment attached to such a temple, the endowments or surplus shall, as far as possible, be utilised for the benefit of the community for the purposes mentioned above.
(2) It shall be competent to the Assistant Commissioner when giving a direction under Sub-section (1) to determine what portion of such endowments or surplus shall be retained as a reserve fund for the religious institution and to direct the remainder to be appropriated to the purposes specified in that sub-section.
(3) The Assistant Commissioner may at any time by order modify or cancel any order passed under Sub-section (1) or under the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939).
(4) The order of the Assistant Commissioner under this section shall be published in the prescribed manner and on such publication shall, subject to the provisions of Section 44, be binding on the trustee, the Executive Officer and all persons having interest.
### 44. [(1) Any person aggrieved by an order passed under Section 41, or Sub-section (1) or (6) of Section 42, or Section 43 may, within thirty days from the date of receipt of the order under Section 41 or Section 43 nor from the date of publication of the order under Section 42, as the case may be, prefer an appeal to [the Commissioner]
[Substituted vide Orissa Act No. 29 of 1978-w. e. f. 7.6.1978.]
,
(2) Any party aggrieved by the order of [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
passed under Sub-section (1) , may, within thirty days from the date of the order, prefer an appeal to the High Court.]
### 45. to 51.
[\* \* \*]
[Omitted vide Orissa Act No. 18 of 1954.]
Chapter-VII Religious institutions under direct control
### 52. Appointment of salaried Executive Officer.
(a) For every institution or a group of institutions under the direct control of the State Government the Commissioner shall, as soon as may be, appoint a salaried Executive Officer who shall be a person professing the Hindu religion.
(b) The salary and allowance of the Executive Officer as determined by the Commissioner shall be paid from the fund of the religious institutions concerned.
### 53. Term of office and duties of Executive Officer.
(a) The Executive Officer shall hold office for such period as may be fixed by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
and he shall exercise such powers and perform such duties as may be assigned to him by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
.
(b) [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
shall define the powers and duties which may be exercised and performed by the Executive Officer.
(c) The Executive Officer shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (XLV of 1860).
### 54. Removal of Executive Officer.
- [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
may, for good and sufficient causes, suspend, remove or dismiss the Executive Officer in the prescribed manner.
### 55. Fixing of standard scale of expenditure.
(a) The Executive Officer shall after due inquiry submit proposals for fixing the scale of expenditure in the institution and the amounts which shall be allotted to the various objects or ceremonies connected with the institution or the proportions in which the income or other property of the institution may be applied to such objects and ceremonies.
(b) The Executive Officer shall publish the proposal at the premises of the institution and in any other manner as the Assistant Commissioner may direct together with the notice stating that within one month from the date of publication any person having interest may submit suggestion to the Commissioner.
(c) After expiry of the said period [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
shall after considering the objections and suggestions received by him pass such order as he thinks fit on such proposals and communicate a copy of the order to the Executive Officer.
(d) The Collector may, for the purpose of control and supervision of the institution under direct control exercise the powers of [\* \* \*]
[Omitted vide Orissa Act No. 18 of 1954.]
[the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
if [the Collector]
[Substituted vide Orissa Act No. 18 of 1954.]
is specially empowered in this behalf by the Commissioner.
### 56. Control of Collector, Assistant Commissioner and Endowment Commissioner.
(1) In exercising his powers the Executive Officer shall act under the supervision of the Collector who shall be under general control of the Commissioner.
(2) The Executive Officer appointed under Section 52 shall be deemed to be a trustee for purposes of Sections 32 and 34 and Chapters VIII, IX and X.
Chapter-VIII Budgets, accounts and audit
### 57. Budget of religious institutions.
(1) The trustee of every religious institution shall, before the end of December in each year, submit to the Assistant Commissioner in such form as may be fixed by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
a budget showing the probable receipts and disbursements of the institution during the following financial year.
(2) Every such budget shall make adequate provision for-
(a) the scale of expenditure for the time being in force and in the case of a math, its other customary expenses;
(b) the due discharge of all liabilities binding on the institution;
(c) the repair and renovation of the buildings connected with institution;
(d) expenditure on religious, educational and charitable purposes not inconsistent with the object of the institution not more than ten per centum of the gross income unless [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
otherwise directs;
(e) the maintenance of a working balance;
(f) the amount of expenditure that may be incurred by the trustee under Section 20.
(3) (a)
The Assistant Commissioner may, on receipt of the budget, make such alterations, omissions or additions therein as may be prescribed.
(b) Notwithstanding anything contained in any other law for the time being in force or any custom or practice obtaining to the contrary, the provisions made for remuneration of the office-holder or any other item of expenditure of any institution may be increased, decreased or modified by the Assistant Commissioner if such increase, decrease or modification is considered necessary in the interest of the financial condition of the institution whether hereditary or not.
(4) A trustee may, within one month of the date of the receipt by him of the order passed by the Assistant Commissioner under Sub-section (3), appeal against such order to [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
,
### 58. Accounts and audit.
(1) The trustee of every religious institution shall keep regular accounts of all receipts and disbursements.
(2) [ The accounts of every religious institution the annual income of which is calculated for the purpose of assessment of contribution for the year immediately preceding is two thousand rupees or more, shall be subject to annual audit. The accounts of every other religious institution shall be audited in alternative years or if the Commissioner so directs in any case or classes of cases, at a shorter interval.]
[Substituted vide Orissa Act No. 2 of 1981]
(3) [ The accounts of such religious institutions,, as may be notified from time to time by the State Government, shall be audited by Auditors appointed by them in consultation with the Accountant-General and the accounts of other religious institutions shall be audited by the Special Audit Staff appointed by [the Commissioner]
[Substituted vide Orissa Act No. 2 of 1981]
.]
### 59. Authority to whom audit report is to be submitted.
- After completing the audit for any year or shorter period, or for any transaction or series of transactions, as the case may be, the auditor shall send a report to [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
sending a copy thereof to the Assistant Commissioner.
### 60. Contents of audit report.
(1) The auditor shall specify in his report all cases of irregular, illegal or improper expenditure or of failure to recover moneys or other property due to the religious institution, or of loss or waste of money or other property thereof, caused by neglect or misconduct.
(2) The Auditor shall also report on any other matter relating to the accounts as may be prescribed, or on which [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
or the Assistant Commissioner concerned, may require him to report.
### 61. Rectification of defects disclosed in audit and order of surcharge against trustee.
(1) [The Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
shall send a copy of every audit report relating to the accounts of a religious institution to the trustee thereof, and it shall be the duty of such trustee to remedy any defects or irregularities pointed out by the auditor and report the same to Assistant Commissioner.
(2) The Assistant Commissioner shall forward to [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
a copy of every audit report received by him under Section 59 and the report, if any, of the trustee made under Sub-section (1) , together with such remarks as the Assistant Commissioner may wish to make thereon.
(3) If, on a consideration of the report of the auditor alongwlth the report, if any, of the trustee the Assistant Commissioner thinks that the trustee or any employee of the institution concerned with the management of the trust property was guilty of misappropriation or wilful waste of the funds of the institution or of gross neglect resulting in a loss to the institution, he may, after giving notice to the trustee to show-cause why an order of surcharge should not be passed against him and after considering his explanation, if any, by order, certify the amount so lost and direct the trustee or employee concerned to pay such amount personally, within a specified time.
(4) The Assistant Commissioner shall forward a copy of the order under Sub-section (3) with the reasons for the same, by registered post, to the trustee concerned.
(5) The trustee aggrieved by such order may, within one month of the receipt of the order, appeal to the Commissioner to modify or set aside the order, and [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
after taking such evidence as is necessary may pass such orders thereon as he may deem fit.
(6) The sum specified in the order of surcharge shall be paid within time specified in such order, unless the trustee has appealed to [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
to modify or set aside the order and has obtained an order for stay.
(7) An order of surcharge under this section against a trustee shall not bar a suit for accounts against him except in respect of the matter finally dealt with by such order.
(8) The Collector of the district, in which any property of the trustee or the employee is situated from whom an amount by way of surcharge is recoverable, shall, on a requisition made by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
recover such amount as if it were an arrear of land revenue and pay the same to the religious institution concerned.
### 62. Application of the provisions of this Chapter.
- The provisions of this Chapter shall apply to every religious institution, notwithstanding anything to the contrary contained in any scheme settled or deemed to be settled under this Act.
Chapter-IX Finance
### 63. [ Constitution of the Endowment Fund.
[Substituted vide Orissa Act No. 18 of 1954.]
(1) There shall be established a fund to be called the 'Orissa Hindu Religious Endowments Administration Fund'. The fund shall be vested in and be administered by [the Commissioner] of Endowments who shall be a corporation sole with perpetual succession and common seal and may sue and be sued by this corporate name.
(2) The following sums shall be credited to the said fund, namely :
(a) fees levied under Section 77;
(b) contribution levied under Sub-section (4);
(c) fines and penalties realised in pursuance of Sections 32 and 70;
(d) any grant or contribution by the State Government, any local authority or any individual whether corporate or not;
(e) all sums to the credit of the fund constituted under Section 50 of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939);
(f) any other sum which may be credited by or under any of the other provisions of this Act.
(3) All fees levied under Section 71 shall be deemed to be a part of the Endowment Fund for all purposes of maintenance of its accounts under this Act.
(4) Every religious institution having an annual income exceeding two hundred and fifty rupees shall, from the income derived by it, pay to the fund annually such contribution not exceeding seven per centum of its income as may be prescribed.
(5) Every religious institution, the annual income of which for the financial year immediately preceding, as calculated for the purpose of levy of contribution under Sub-section (4) is not less than two thousand rupees, shall pay to the fund annually for meeting the cost of auditing its accounts such further sum not exceeding one and a half per centum of its income as 2[the Commissioner] may determine.
(6) The annual payments referred to in Sub-sections (3) and (4) shall be made, notwithstanding anything to the contrary contained in any scheme settled or deemed to be settled under this Act for the religious institution concerned.
(7) The said fund shall be utilised for the payments provided for in Section 6 and for the other expenses incidental to the purposes of this Act including the cost of auditing the accounts of religious institutions and the cost of any staff maintained for conducting the said audit.]
### 64. [
[Substituted vide Orissa Act No. 29 of 1978-w.e.f. 7.6.1978.]
All costs, charges and expenses incurred by the State Government, [the Commissioner] [the Deputy Commissioner]
[Substituted vide Orissa Act No. 29 of 1978-w.e.f. 7.6.1978.]
or an Assistant Commissioner in connection with legal proceedings in respect of any religious institution to which any of them is a party, shall be payable out of the funds of such religious institution.]
### 65. Assessment and recovery of contribution and costs and expenses.
(1) The contributions, costs and expenses payable under Sections 63 and 64 shall be assessed on and notified to trustee of the religio is institution concerned in the prescribed manner. The assessment shall be made by the Commissioner on the basis of average income of the preceding three years for the following three years. [The Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
if he considers necessary may call for reports from Assistant Commissioners in this behalf.
(2) (a)
Such trustee may, within fifteen days from the date of the receipt of such notice or within such further time as may be granted by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
prefer his objection thereto, if any, to [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
in writing. Such objection may relate either to his liability to pay or to the amount specified in the notice. [The Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
shall consider such objection and give his decision confirming withdrawing or modifying his original notice.
(b) Within one month from the date of receipt of the notice of assessment, or when objection has been preferred, within one month from the date of the decision of [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
or within such further time as may be granted by him, such trustee shall pay the amount specified in the original notice or the amount as fixed by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
on objection.
(3) If the trustee fails to pay the amount aforesaid within the time allowed, the Collector of the district in which any property of religious institution is situated shall, on a requisition made to him in prescribed manner by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
and subject to the provisions of this section, recover such amount as if it were an arrear of land revenue.
(4) The Collector of the district shall, on receipt of a requisition under Sub-section (3), withhold the amount mentioned therein out of the Tasdik or any other allowance payable by the State Government to the religious institution concerned, but where the Tasdik or any other allowance is insufficient for the purpose the said Collector shall withhold the amount available and recover the balance as if it were an arrear of land revenue.
(5) Places of worship, including temples and tanks, and places where Utsavams performed, idols, Vahanams, jewels and such vessels and other articles of the religious institution as may be necessary in accordance with the usage of the institution for purposes of worship or ceremonial processions shall not be liable to be proceeded against in pursuance of Sub-sections (3) and (4).
(6) Instead of selling the property after attachment thereof under the provisions of the Madras Revenue Recovery Act, 1864 (Madras Act II of 1864) or the Bihar and Orissa Public Demands Recovery Act, 1914 (Bihar and Orissa Act IV of 1914) as the case may be, it shall be open to the said Collector at the instance of [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
to appoint a Receiver to take possession of the property or such portion thereof as may be necessary and collect the income thereof until the amount sought to be recovered is realized. The remuneration, if any, paid to the Receiver, and the other expenses incurred by him, shall be paid out of the income of the institution concerned.
(7) Any objection which could be preferred or which was preferred and rejected by '[the Commissioner] under Sub-section (2) shall not be entertained under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 (B. and O. Act IV of 1914) and the said section shall be deemed to be amended accordingly for the purpose of this Act in the matter of issue of certificate under that Act.
(8) No suit, prosecution or other legal proceeding shall be entertained in any Court of law against the State Government or any officer or servant of the State Government for anything done or intended to be done in good faith in pursuance of this section [\* \* \*]
[Deleted vide Orissa Act No. 29 of 1978-w.e.f. 7.6.1978.]
.
### 66. Contribution not to be levied for more than six years immediately preceding the year in which notice of assessment is issued.
(1) It shall not be competent for [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
to levy any contribution for more than six years immediately preceding the year in which a notice of assessment is issued under Section 65.
(2) Nothing in this section shall affect any levy of contribution made or moneys collected by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
under the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939).
Chapter-X Miscellaneous
### 67. Public officer to furnish copies of or extracts from certain documents.
- All public officers having custody of any record, register, report or other document relating to a religious institution or any movable or immovable property thereof shall furnish such copies or extracts from the same as may be required by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
, [the Deputy Commissioner]
[Inserted vide Orissa Act No. 29 of 1978-w.e.f. 7.6.1978.]
or an Assistant Commissioner.
### 68. Putting trustee or Executive Officer in possession.
(1) Where a person has been appointed-
(a) as trustee or Executive Officer of a religious institution; or
(b) to discharge the functions of a trustee of a religious institution in accordance with the provisions of this Act; or
(c) as the Executive Officer in any scheme settled under the provisions of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939) and such person is resisted in, or prevented from, obtaining possession of the religious institution or of the record, accounts and properties thereof, by a trustee, office-holder or servant of the religious institution who has dismissed or suspended from his officer or is otherwise not entitled to be in possession, or by any person claiming or deriving title from such trustee, office-holder or servant, other than a person claiming in good faith to be in possession of his own account or on account of some person not being such trustee, office-holder or servant,
the Assistant Commissioner concerned shall, on application by the person so appointed, direct delivery of possession of.the religious institution and its endowments or the records, accounts and properties thereof, as the case may be, to him in the prescribed manner.
Explanation - A person claiming under an alienation contrary to Sub section (1) of Section 19 and Section 24 shall not be regarded as a person claiming in good fait i within the meaning of this section.
(2) The Assistant Commissioner and any person authorised by him or acting under his written instructions in the prescribed form, may, for the purpose of delivery of possession under Sub-section (1), take or cause to be taken such steps and use or cause to be used such force as may, in his opinion, be reasonably necessary and may also enter upon any land or other property whatsoever and in the event of any apprehension of breach of peace in the course of such delivery of possession, the Superintendent of Police shall, on a requisition from the Assistant Commissioner in the prescribed manner, provide such police aid as may be necessary for the purposes.
(3) (a)
[The Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
may also make a requisition to the Collector of the district in which the property of the math or temple or endowment is situated, in the prescribed form to deliver its possession to the trustee.
(b) On receipt of a requisition under Clause (a) the Collector shall serve a notice on the person reported to be in occupation or his agent to vacate the said property within such time as the Collector may specify in the said notice. If such notice is not obeyed, the Collector shall remove him or depute a subordinate officer to remove such person or agent. In the case of any resistance or obstruction the Collector shall hold a summary enquiry into the facts of the case and if satisfied that the resistance or obstruction was without any just cause and that such resistance or obstruction still continues, may issue a warrant for the arrest of the said person and on his appearance may send him with a warrant in such form as may be prescribed for imprisonment in the civil jail of the district for a period not exceeding thirty days as may be necessary to prevent the continuance of such resistance or obstruction.
(4) No suit, prosecution or other legal proceedings shall lie against the Assistant Commissioner or any person acting under his instruction or authorised by him for anything done in good faith under Sub-sections (1) and (2).
(5) Every person authorized by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
or acting under his instructions in pursuance of this section shall be deemed to be a public servant' within the meaning of Section 21 of the Indian Penal Code (XLV of 1860).
(6) The provisions contained in this section shall mutatis mutandis apply to cases-
[(a) for delivery of possession of a religious institution alongwith its endowments or records, accounts and properties thereof to a succeeding hereditary trustee ; and
(b) for recovery of pension of leasehold land belonging to a religious institution after expiry of the term of the lease.]
### 69. Notice by Court and cost of proceeding.
(1) Whenever the trustee or any religious institution is sued in any Civil or Revenue Court in respect of any property belonging to or given or endowed for the purpose of any religious institution notice of such Suit shall be given by the Court concerned to [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
at least a month before commencement of the hearing.
(2) The costs, charges and expenses incidental to all proceedings before [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
, [the Deputy Commissioner]
[Inserted vide Orissa Act No. 9 of 1978-w.e.f. 7.6.1978.]
or Assistant Commissioner shall be in his discretion and he shall have full power to determine by whom or out of what funds and to what extent such costs, charges and expenses are to be paid ; and the order passed in this regard may be transferred to the Collector for execution and recovery as arrears of land revenue.
### 70. Penalty for refusal by trustee to comply with provisions of the Act.
(1) If any trustee, Executive Officer or other person [\* \* \*]
[Omitted vide Orissa Act No. 18 of 1954.]
in whom the administration of a religious institution is vested-
(a) refuses, neglects or fails to comply with the provisions of Sections 13, 15, 16, 17, or 18 or fails to make over charge of the institution when so ordered ; or
(b) refuses, neglects o: fails to furnish such accounts, returns, reports or other information relating to the institution or its funds, property or income or the application thereof, at such time and in such manner as [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
[the Deputy Commissioner]
[Inserted vide Orissa Act No. 9 of 1978-w.e.f. 7.6.1978.]
or the Assistant Commissioner may require; or
(c) refuses or causes obstruction to the inspection by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
, [the Deputy Commissioner]
[Inserted vide Orissa Act No. 29 of 1978-w.e.f. 7.6.1978.]
or Assistant Commissioner of the movable and immovable property belonging to, and all records, correspondence, plans, accounts and other documents relating to the religious institution or fails to produce them for inspection,
he shall, unless he shows reasonable cause to the satisfaction of [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
, [the Deputy Commissioner]
[Inserted vide Orissa Act No. 29 of 1978-w.e.f. 7.6.1978.]
, be liable to pay to the State Government such penalty not exceeding five hundred rupees and in case of persistent default in compliance with the order a daily fine not exceeding fifty rupees.
[(1-a) If any person exercises any deed of transfer of immovable property belonging to any religious institution in contravention of the provisions contained in Section 19, such person shall, unless he shows reasonable cause to the satisfaction of the Commissioner, be liable to pay such penalty, not exceeding an amount equal to the value of the property, as the Commissioner may impose.
(1-b) Any person aggrieved by an order of the Commissioner imposing any penalty under this section may, within one month from the date of intimation of the order to him by the Commissioner, prefer an appeal before the State Government.]
[Inserted vide Orissa Act No. 22 of 1989.]
(2) The penalty shall be paid within the time fixed by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
by the person against whom the order is made from his own funds and not from the funds of the religious institution concerned.
(3) If the penalty is not paid within the time fixed or within such further time as may be granted by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
, the Collector of the district in which any property of the person against whom an order has been made is situated shall, on requisition made to him by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
recover the amount, as if it were an arrear of land revenue and pay the same to the Endowment Fund.
### 70A. [ Failure to deliver possession in contravention of direction and filing of prosecution.
[Inserted vide Orissa Act No. 22 of 1989.]
(1) Any trustee other than a hereditary trustee, Executive Officer, or other person who fails to deliver possession of the religious institution, any money, record, accounts or property thereof without any reasonable or sufficient cause, in contravention of any direction of the Commissioner, Deputy Commissioner or Assistant Commissioner shall, on conviction, be punishable with imprisonment of either description for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
(2) In respect of an offence committed under Sub-section (1) the Officer authorised in this behalf, by the Commissioner by general or special order, shall institute the prosecution with the written consent of the authority whose direction has been contravened.]
[Inserted vide Orissa Act No. 22 of 1989.]
### 71. Court-fees to be paid as prescribed in Schedules and altered from time to time.
- Notwithstanding anything contained in the First or Second Schedule to the Court-fee Act, 1870 (Act VII of 1870) proper fees for the documents described in Columns (1) and (2) of the Schedule shall be its fees indicated in Column (3) thereof.
### 72. [ Saving of established usage.
[Substituted vide Orissa Act No. 18 of 1954.]
- Nothing contained in this Act shall-
(a) save as otherwise expressly provided in or under this Act, affect any honour, emolument or perquisite to which any person is entitled by custom or otherwise in any religious institution or its established usage in regard to any other matter ; or
(b) authorise any interference with the religious and spiritual functions of the head of a math including those relating to imparting of religious institution or the rendering of spiritual service.]
### 72A. [ Act not to affect rights under Article 26, Clauses (a) to (c) of the Constitution.
[Substituted vide Orissa Act No. 18 of 1954.]
- Nothing contained in this Act shall be deemed to confer any power or impose any duty in contravention of the rights conferred or any religious denomination or any section thereof by Clauses (a) , (b) and (c) of Article 26 of the Constitution.]
### 73. Bar of suits in respect of administration of religious institutions.
(1) No suit or other legal proceeding in respect of the administration of a religious institution or in respect of any other matter or dispute for determining or deciding which provision is made in this Act shall be instituted in any Court of law, except under, and in conformity with, the provisions of this Act.
(2) Nothing contained in this section shall affect the right of the trustee appointed under the Act of a religious institution to institute a suit to enforce the pecuniary or property rights of the institution or the rights of such institution as a beneficiary.
### 74. [ Procedure at enquiries and appeals and service of notice.
[Substituted vide Orissa Act No. 18 of 1954.]
(1) In relation to all proceedings before [the Commissioner], [the Deputy Commissioner]
[Inserted vide Orissa Act No. 29 of 1978-w. e. f. 7-6-1978.]
or the Assistant Commissioner, the orders in pursuance of which are under the provisions of this Act appealable to the High Court, [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
, [the Deputy Commissioner]
[Inserted vide Orissa Act No. 29 of 1978-w.e.f. 7-6-1978.]
or the Assistant Commissioner, as the case may be, shall have the powers vested in a Court under the Code of Civil Procedure, 1908 (V of 1908) when trying a suit in respect of the following matters :
(a) discovery and inspection;
(b) enforcing the attendance of witnesses, and requiring the deposit of their expenses;
(c) compelling the production of documents;
(d) examining witnesses on oath;
(e) granting adjournments;
(f) reception of evidence taken on affidavit ; and
(g) issuing commissions for the examination of witnessess;
and may summon and examine suo motu any person whose evidence appears to him to be material ; and shall be deemed to be a Civil Court within the meaning of Sections 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898).
(2) [The Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
, [the Deputy Commissioner]
[Inserted vide Orissa Act No. 29 of 1978-w. e. f. 7-6-1978.]
and the Assistant Commissioner shall, with respect to all such proceedings be deemed to be persons acting judicially within the meaning of the Judicial Officers' Protection Act, 1850 (XVIII of 1850).
(3) The Court hearing an appeal from the order of [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
may direct further enquiry or modify or set aside such order as the Court may deem fit; and unless the appeal is summarily dismissed, [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
shall be given an opportunity of being heard before the order passed by him is interfered with in any manner ; provided that the operation of the order of [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
shall not be stayed pending the disposal of the appeal.
(4) The service of all processes and notices issued by the Assistant Commissioner, [the Deputy Commissioner]
[Inserted vide Orissa Act No. 29 of 1978-w. e. f. 7-6-1978.]
or [Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
by or under any of the provisions of this Act shall be on requisition from the Assistant Commissioner , [the Deputy Commissioner]
[Inserted vide Orissa Act No. 29 of 1978-w. e. f. 7-6-1978.]
or [Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
, as the case may be, effected by the Sub-divisional Magistrate, having jurisdiction ]
### 75. Notifications, orders, etc., under Act not to be questioned in Court of law.
- Save as otherwise expressly provided in this Act, no notification issued, order passed, decision made, proceedings or action taken, scheme settled, or other thing done under the provisions of this Act by the State Government or [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
or an Assistant Commissioner shall be liable to be questioned in any Court of law.
### 76. Power to make rules.
(1) The State Government may make rules to carry out all or any of the purposes of this Act not inconsistent therewith.
(2) In particular and without prejudice to the generality of the foregoing power, they shall have power to make rules with reference to the following matters:
(a) all matters expressly required or allowed by this Act to be prescribed;
(b) the effectual exercise of the powers of superintendence vested in the State Government;
(c) the form and manner in which applications and appeals should be submitted to the State Government, [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
, [the Deputy Commissioner]
[Inserted vide Orissa Act No. 29 of 1978-w. e. f. 7-6-1978.]
or an Assistant Commissioner;
(d) the powers of the State Government, [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
, [the Deputy Commissioner]
[Inserted vide Orissa Act No. 29 of 1978-w.e.f. 7-6-1978.]
or an Assistant Commissioner to hold enquiries, to summon and examine witnesses and to compel the production of documents;
(e) the inspection of documents and the fees to be levied for such inspection;
(f) the fees to be levied for the issue and service for processes and notices;
(g) the grant of certified copies and the fees to be levied therefor;
(h) the budgets, reports, accounts, returns or other information to be submitted by trustees;
(i) the custody and investment of the funds of religious institutions;
(j) the manner in which the accounts of religious institutions shall be audited and published, the time and place of audit and the form and contents of the auditor's report;
(k) the method of calculating the income of a religious institution for the purpose of levying contribution and the rate at which it should be levied;
(l) the security, if any, to be furnished by officers and servants employed for the purposes of this Act;
(m) the preservation, maintenance, management and improvement of the properties and buildings of religious institutions;
(n) the inspection and supervision of the properties and buildings of religious institutions by such persons as the State Government may direct, the reports to be submitted by such persons and the fees leviable for such inspection, supervision and report;
(o) the preservation of the images in temples;
(p) the methods by which religious institutions should promote the interests of such institution;
(q) the qualifications to be possessed by the officers and servants for appointment to non-hereditary offices in religious, institutions, the qualifications to be possessed by hereditary servants for succession to office and the conditions of service of all such officers and servants;
(r) the qualifications, method of recruitment, pay, grant of leave allowance and travelling allowance, personal conduct and punishment of Executive Officer appointed for any religious institution or institutions under direct management and paid officers appointed under schemes settled or deemed to be settled under the Act, and generally their conditions of service;
(s) the qualifications, method of recruitment, grant of leave, leave allowances and travelling allowances of subordinate officers and staff appointed for the purpose of this Act;
(t) the custody and investments of the Endowment Fund by [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
;
(u) the manner in which the accounts of the Endowment Fund shall be maintained and audited and the audit report published;
(v) all matters which under the provisions of this Act are required to be or may be prescribed.
(3) The power to make rules under this section shall be subject to the condition of previous publication.
### 77. Granting of copies.
- [The Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
shall grant copies of proceedings or other records of his office on payment of such fees and subject to such conditions as may be prescribed. Copies shall be certified by [the commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
or such officer as may be authorised by him in this behalf in the manner provided under Section 76 of the Indian Evidence Act, 1872 (1 of 1872).
### 78. Suits pending in Courts.
(1) Notwithstanding anything in any other law for the time being in force all suits instituted under the provisions of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939) and pending on the date of commencement of this Act shall stand transferred to the Courts of the subordinate Judges having jurisdiction and be heard by them :
Provided that-
(a) while trying a suit any one or more suits relating to the same religious institution may be heard together;
(b) an appeal shall lie to the High Court against the decision of the subordinate Judge irrespective of the value of such suits :
Provided further that the operation of the order of [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
under Sub-section (1) of Section 64 of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939) shall not be stayed pending the disposal of such suit.
(2) All proceedings other than suits which have been stayed in pursuance of the Orissa Hindu Religious Endowments (Amendment) Act, 1947 (Orissa Act XXXI of 1947) and pending on the date of the commencement of this Act shall be proceeded with in the Courts where they are so pending.
### 79. Repeal and affect of repeal of the Orissa Hindu Religious Endowments Act, 1939.
(1) The Orissa Hindu Religious Endowments Act, 1939, (Orissa Act IV of 1939) is hereby repealed.
(2) Notwithstanding the repeal of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939)-
(a) all rules made, notifications issued, orders passed, decisions made, proceedings or action taken, schemes settled and things done by the State Government or [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
under the said Act, shall in so far as they are not inconsistent with this Act, be deemed to have been made, issued, passed, taken, settled or done by the appropriate authority under the corresponding provisions of this Act and shall have effect accordingly;
(b) all schemes settled or modified by a Court of law under the said Act or under Section 92 of the Code of Civil Procedure, 1908 (V of 1908) shall be deemed to have been settled or modified under this Act;
(c) all proceedings pending before the State Government or [the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
under the provisions of the said Act and the rules made thereunder at the commencement of this Act, may, in so far as they are not inconsistent with the provisions of this Act, or the rules made thereunder be continued by the appropriate authority under this Act;
(d) all costs, expenses, penalties and contributions payable to the fund of the endowments under the said Act immediately before the commencement of this Act, shall be payable to the State Government instead ; and any assessment, levy or demand of such sums made before the commencement of this Act shall be deemed to be valid and may be continued and shall be enforceable under this Act;
(e) any remedy by way of application, suit, or appeal which is provided by this Act shall be available in respect of proceedings under the said Act pending at the commencement of this Act as if the proceedings in respect of which the remedy is sought had been instituted under this Act.
### 79A. Saving of schemes.
- Notwithstanding anything contained in any of the other provisions of this Act or any judgement, decree or order of any Court all schemes purporting to have been settled in pursuance of Sections 38 and 39 of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939) after the commencement of the Orissa Hindu Religious Endowments (Amendment) Ordinance, 1953 (Orissa Ordinance II of 1953) and before the commencement of this Act shall be deemed to have been settled under the provisions of this Act and any person aggrieved by any such scheme may within sixty days from the date of commencement of this Act prefer an appeal to the High Court and such appeal shall be dealt with and disposed of in the same manner as appeals provided for under Sub-section (2) of Section 44.
### 80. Order to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion may require, by order anything which appears to them necessary for the purpose of removing the difficulty.
[Schedule]
[Substituted vide Orissa Act No. 18 of 1954.]
[See Section 71]
Court-fees payable for documents
| | | |
| --- | --- | --- |
|
Section
|
Description of document
|
Proper fee
|
|
1
|
2
|
3
|
|
|
|
Rs.
|
|
9.
|
Application to[Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
for revision
|
10
|
|
19.
|
Appeal to the State Government against order of[Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
regarding alienation of properties
|
15
|
|
21.
|
(i) Application to the Assistant Commissioner for payment of
expenses
|
2
|
|
|
(ii) Appeal to[the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
|
5
|
|
|
(iii) Application to the Collector of the district for
recovery of money
|
2
|
|
25.
|
Application to the Collector for resumption
|
2
|
|
28.
|
(i) Appeal to[the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
against the order of the
Assistant Commissioner under Sub-section (1) |
25
|
|
|
(ii) Appeal to the High Court against the order of[the
Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
under Sub-section (5) |
50
|
|
31.
|
Appeal to the Assistant Commissioner against the order of the
trustee under Sub-section (3) |
2
|
|
32.
|
Appeal to the Assistant Commissioner against the order of the
trustee
|
2
|
|
34.
|
(i) Appeal to[Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
against the order of the
Assistant Commissioner regarding scale of expenditure
|
20
|
|
|
(ii) Appeal to[Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
against the order of the
Assistant Commissioner regarding scale of expenditure
|
20
|
|
35.
|
Appeal to High Court against order of[the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
under Sub-section (2) |
50
|
|
37.
|
Appeal to State Government against order of[Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
under Sub-section (3) |
15
|
|
41.
|
Application for decision of dispute or matter under the
section
|
15
|
|
42.
|
(i) Application to Assistant Commissioner or[Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
for settling a scheme
|
10
|
|
|
(ii) Application to Assistant Commissioner for modification
of scheme
|
10
|
|
43.
|
(i) Application to Assistant Commissioner regarding
application of funds
|
5
|
|
|
(ii) Application to Assistant Commissioner for modification
or cancellation of the order passed under Sub-section (1) |
5
|
|
44.
|
(i) Appeal to[the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
against the order of the
Assistant Commissioner under Section 41
|
25
|
|
|
(ii) Appeal to[the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
against the order of the
Assistant Commissioner under Section 42
|
25
|
|
|
(iii) Appeal to[the Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
against the order of the
Assistant Commissioner under Section 43
|
15
|
|
|
(iv) Appeal to the High Court against the order of[the
Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
under Section 44(1) relating to matters arising
out of Section 41
|
150
|
|
|
For the rest of other matters
|
50
|
|
(v) |
Appeal to the High Court against the order of[the
Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
under Section 42(1) (b) and 42(6)
|
50
|
|
57.
|
Appeal to[Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
against order of Assistant
Commissioner on the Budget Estimate
|
10
|
|
61.
|
Appeal to the State Government against order of[Commissioner]
[Substituted vide Orissa Act No. 18 of 1954.]
under Sub-section (3) regarding the defects
disclosed by audit
|
20
|
|
65.
|
Objection petition by the trustee regarding assessment of
income
|
2
|
|
68.
|
Application for putting trustee in possession of properties
|
2
|
|
|
All adjournment and miscellaneous petitions to[the
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65b90136ab84c7eca86e824b | acts |
State of Puducherry - Act
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Puducherry Goods and Services Tax Act, 2017
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PUDUCHERRY
India
Puducherry Goods and Services Tax Act, 2017
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Rule PUDUCHERRY-GOODS-AND-SERVICES-TAX-ACT-2017 of 2017
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* Published on 5 June 2017
* Commenced on 5 June 2017
Puducherry Goods and Services Tax Act, 2017
(Act No. 6 of 2017)
Last Updated 24th December, 2019
[Dated 5.6.2017]
No. 138-Leg.-2017-LD. - The following Act of the Legislative Assembly, Puducherry received the assent of the Lieutenant-Governor, Puducherry, on the 1st day of June, 2017 and is hereby published for general information : -
An act to make a provision for levy and collection of tax on Intra-State supply of goods or services or both by the Union territory of Puducherry and the matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Puducherry in the Sixty-eighth year of the Republic of India as follows: -
Chapter I
Preliminary
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### 1. Short title, extent and commencement.
(1) This Act may be called the Puducherry Goods and Services Tax Act, 2017.
(2) It extends to the whole of the Union territory of Puducherry.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(1) "actionable claim" shall have the same meaning as assigned to it in section 3 of the Transfer of Property Act, 1882;
(2) "address of delivery" means the address of the recipient of goods or services or both indicated on the tax invoice issued by a registered person for delivery of such goods or services or both;
(3) "address on record" means the address of the recipient as available in the records of the supplier;
(4) "adjudicating authority" means any authority, appointed or authorised to pass any order or decision under this Act, but does not include the Commissioner, Revisional Authority, the Authority for Advance Ruling, the Appellate Authority for Advance Ruling, the Appellate Authority and the Appellate Tribunal;
(5) "agent" means a person, including a factor, broker, commission agent, arhatia, delcredere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of supply or receipt of goods or services or both on behalf of another;
(6) "aggregate turnover" means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India basis but excludes central tax, State tax, Union territory tax, integrated tax and cess;
(7) "agriculturist" means an individual or a Hindu Undivided Family who undertakes cultivation of land -
(a) by own labour, or
(b) by the labour of family, or
(c) by servants on wages payable in cash or kind or by hired labour under personal supervision or the personal supervision of any member of the family;
(8) "Appellate Authority" means an authority appointed or authorised to hear appeals as referred to in section 107;
(9) "Appellate Tribunal" means the Goods and Services Tax Appellate Tribunal referred to in section 109;
(10) "appointed day" means the date on which the provisions of this Act shall come into force;
(11) "assessment" means determination of tax liability under this Act and includes self-assessment, re-assessment, provisional assessment, summary assessment and best judgement assessment;
(12) "associated enterprises" shall have the same meaning as assigned to it in section 92A of the Income-tax Act, 1961;
(13) "audit" means the examination of records, returns and other documents maintained or furnished by the registered person under this Act or the rules made thereunder or under any other law for the time being in force to verify the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed, and to assess his compliance with the provisions of this Act or the rules made thereunder;
(14) "authorised bank" shall mean a bank or a branch of a bank authorised by the Central Government to collect the tax or any other amount payable under this Act;
(15) "authorised representative" means the representative as referred to under section 116;
(16) "Board" means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963;
(17) "business" includes -
(a) any trade, commerce, manufacture, profession, vocation, adventure, wager or any other similar activity, whether or not it is for a pecuniary benefit;
(b) any activity or transaction in connection with or incidental or ancillary to sub-clause (a);
(c) any activity or transaction in the nature of sub-clause (a), whether or not there is volume, frequency, continuity or regularity of such transaction;
(d) supply or acquisition of goods including capital goods and services in connection with commencement or closure of business;
(e) provision by a club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members;
(f) admission, for a consideration, of persons to any premises;
(g) services supplied by a person as the holder of an office which has been accepted by him in the course or furtherance of his trade, profession or vocation;
(h) services provided by a race club by way of totalisator or a licence to book maker in such club; and
(i) any activity or transaction undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities;
(18) "business vertical" means a distinguishable component of an enterprise that is engaged in the supply of individual goods or services or a group of related goods or services which is subject to risks and returns that are different from those of the other business verticals.
Explanation. - For the purposes of this clause, factors that should be considered in determining whether goods or services are related include -
(a) the nature of the goods or services;
(b) the nature of the production processes;
(c) the type or class of customers for the goods or services;
(d) the methods used to distribute the goods or supply of services; and
(e) the nature of regulatory environment (wherever applicable), including banking, insurance or public utilities;
(19) "capital goods" means goods, the value of which is capitalised in the books of account of the person claiming the input tax credit and which are used or intended to be used in the course or furtherance of business;
(20) "casual taxable person" means a person who occasionally undertakes transactions involving supply of goods or services or both in the course or furtherance of business, whether as principal, agent or in any other capacity, in the taxable territory where he has no fixed place of business;
(21) "central tax" means the central goods and services tax levied under section 9 of the Central Goods and Services Tax Act;
(22) "cess" shall have the same meaning as assigned to it in the Goods and Services Tax (Compensation to States) Act;
(23) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949;
(24) "Commissioner" means the Commissioner of State tax appointed under section 3 and includes the Principal Chief Commissioner or Chief Commissioner of State tax appointed under section 3;
(25) "Commissioner in the Board" means the Commissioner referred to in section 168 of the Central Goods and Services Tax Act;
(26) "common portal" means the common goods and services tax electronic portal referred to in section 146;
(27) "common working days" shall mean such days in succession which are not declared as gazetted holidays by the Central Government or the Government of Puducherry;
(28) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980;
(29) "competent authority" means such authority as may be notified by the Government;
(30) "composite supply" means a supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply;
Illustration: - Where goods are packed and transported with insurance, the supply of goods, packing materials, transport and insurance is a composite supply and supply of goods is a principal supply.
(31) "consideration" in relation to the supply of goods or services or both includes -
(a) any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government;
(b) the monetary value of any act or forbearance, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government:
Provided that a deposit given in respect of the supply of goods or services or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply;
(32) "continuous supply of goods" means a supply of goods which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, whether or not by means of a wire, cable, pipeline or other conduit, and for which the supplier invoices the recipient on a regular or periodic basis and includes supply of such goods as the Government may, subject to such conditions, as it may, by notification, specify;
(33) "continuous supply of services" means a supply of services which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, for a period exceeding three months with periodic payment obligations and includes supply of such services as the Government may, subject to such conditions, as it may, by notification, specify;
(34) "conveyance" includes a vessel, an aircraft and a vehicle;
(35) "cost accountant" means a cost accountant as defined in clause (c) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959;
(36) "Council" means the Goods and Services Tax Council established under article 279A of the Constitution;
(37) "credit note" means a document issued by a registered person under sub-section (1) of section 34;
(38) "debit note" means a document issued by a registered person under sub-section (3) of section 34;
(39) "deemed exports" means such supplies of goods as may be notified under section 147;
(40) "designated authority" means such authority as may be notified by the Commissioner;
(41) "document" includes written or printed record of any sort and electronic record as defined in clause (t) of section 2 of the Information Technology Act, 2000;
(42) "drawback" in relation to any goods manufactured in India and exported, means the rebate of duty, tax or cess chargeable on any imported inputs or on any domestic inputs or input services used in the manufacture of such goods;
(43) "electronic cash ledger" means the electronic cash ledger referred to in sub-section (1) of section 49;
(44) "electronic commerce" means the supply of goods or services or both, including digital products over digital or electronic network;
(45) "electronic commerce operator" means any person who owns, operates or manages digital or electronic facility or platform for electronic commerce;
(46) "electronic credit ledger" means the electronic credit ledger referred to in subsection (2) of section 49;
(47) "exempt supply" means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the Integrated Goods and Services Tax Act, and includes non-taxable supply;
(48) "existing law" means any law, notification, order, rule or regulation relating to levy and collection of duty or tax on goods or services or both passed or made before the commencement of this Act by the Legislature or any Authority or person having the power to make such law, notification, order, rule or regulation;
(49) "family" means,-
(i) the spouse and children of the person, and
(ii) the parents, grand-parents, brothers and sisters of the person if they are wholly or mainly dependent on the said person;
(50) "fixed establishment" means a place (other than the registered place of business) which is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs;
(51) "Fund" means the Consumer Welfare Fund established under section 57;
(52) "goods" means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply;
(53) "Government" means the Government of the Union territory of Puducherry;
(54) "Goods and Services Tax (Compensation to States) Act" means the Goods and Services Tax (Compensation to States) Act, 2017;
(55) "goods and services tax practitioner" means any person who has been approved under section 48 to act as such practitioner;
(56) "India" means the territory of India as referred to in article 1 of the Constitution, its territorial waters, seabed and sub-soil underlying such waters, continental shelf, exclusive economic zone or any other maritime zone as referred to in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976, and the air space above its territory and territorial waters;
(57) "Integrated Goods and Services Tax Act" means the Integrated Goods and Services Tax Act, 2017;
(58) "integrated tax" means the integrated goods and services tax levied under the Integrated Goods and Services Tax Act;
(59) "input" means any goods other than capital goods used or intended to be used by a supplier in the course or furtherance of business;
(60) "input service" means any service used or intended to be used by a supplier in the course or furtherance of business;
(61) "Input Service Distributor" means an office of the supplier of goods or services or both which receives tax invoices issued under section 31 towards the receipt of input services and issues a prescribed document for the purposes of distributing the credit of central tax, State tax, integrated tax or Union territory tax paid on the said services to a supplier of taxable goods or services or both having the same Permanent Account Number as that of the said office;
(62) "input tax" in relation to a registered person, means the central tax, State tax, integrated tax or Union territory tax charged on any supply of goods or services or both made to him and includes -
(a) the integrated goods and services tax charged on import of goods;
(b) the tax payable under the provisions of sub-sections (3) and (4) of section 9;
(c) the tax payable under the provisions of sub-sections (3) and (4) of section 5 of the Integrated Goods and Services Tax Act; or
(d) the tax payable under the provisions of sub-sections (3) and (4) of section 9 of the Central Goods and Services Tax Act, but does not include the tax paid under the composition levy;
(63) "input tax credit" means the credit of input tax;
(64) "intra-State supply of goods" shall have the same meaning as assigned to it in section 8 of the Integrated Goods and Services Tax Act;
(65) "intra-State supply of services" shall have the same meaning as assigned to it in section 8 of the Integrated Goods and Services Tax Act;
(66) "invoice" or "tax invoice" means the tax invoice referred to in section 31;
(67) "inward supply" in relation to a person, shall mean receipt of goods or services or both whether by purchase, acquisition or any other means, with or without consideration;
(68) "job work" means any treatment or process undertaken by a person on goods belonging to another registered person and the expression "job worker" shall be construed accordingly;
(69) "local authority" means -
(a) a "Panchayat" as defined in clause (d) of article 243 of the Constitution;
(b) a "Municipality" as defined in clause (e) of article 243P of the Constitution;
(c) a Municipal Committee, a Zilla Parishad, a District Board, and any other authority legally entitled to, or entrusted by the Central Government or any State Government with the control or management of a municipal or local fund;
(d) a Cantonment Board as defined in section 3 of the Cantonments Act, 2006;
(e) a Regional Council or a District Council constituted under the Sixth Schedule to the Constitution;
(f) a Development Board constituted under article 371 of the Constitution; or
(g) a Regional Council constituted under article 371A of the Constitution;
(70) "location of the recipient of services" means, -
(a) where a supply is received at a place of business for which the registration has been obtained, the location of such place of business;
(b) where a supply is received at a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment;
(c) where a supply is received at more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the receipt of the supply; and
(d) in absence of such places, the location of the usual place of residence of the recipient;
(71) "location of the supplier of services" means,-
(a) where a supply is made from a place of business for which the registration has been obtained, the location of such place of business;
(b) where a supply is made from a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment;
(c) where a supply is made from more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the provisions of the supply; and
(d) in absence of such places, the location of the usual place of residence of the supplier;
(72) "manufacture" means processing of raw material or inputs in any manner that results in emergence of a new product having a distinct name, character and use and the term "manufacturer" shall be construed accordingly;
(73) "market value" shall mean the full amount which a recipient of a supply is required to pay in order to obtain the goods or services or both of like kind and quality at or about the same time and at the same commercial level where the recipient and the supplier are not related;
(74) "mixed supply" means two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply.
Illustration: - A supply of a package consisting of canned foods, sweets, chocolates, cakes, dry fruits, aerated drinks and fruit juices when supplied for a single price is a mixed supply. Each of these items can be supplied separately and is not dependent on any other. It shall not be a mixed supply if these items are supplied separately;
(75) "money" means the Indian legal tender or any foreign currency, cheque, promissory note, bill of exchange, letter of credit, draft, pay order, traveller cheque, money order, postal or electronic remittance or any other instrument recognized by the Reserve Bank of India when used as a consideration to settle an obligation or exchange with Indian legal tender of another denomination but shall not include any currency that is held for its numismatic value;
(76) "motor vehicle" shall have the same meaning as assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988;
(77) "non-resident taxable person" means any person who occasionally undertakes transactions involving supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India;
(78) "non-taxable supply" means a supply of goods or services or both which is not leviable to tax under this Act or under the Integrated Goods and Services Tax Act;
(79) "non-taxable territory" means the territory which is outside the taxable territory;
(80) "notification" means a notification published in the Official Gazette and the expressions 'notify' and 'notified' shall be construed accordingly;
(81) "other territory" includes territories other than those comprising in a State and those referred to in sub-clauses (a) to (e) of clause (114);
(82) "output tax" in relation to a taxable person, means the tax chargeable under this Act on taxable supply of goods or services or both made by him or by his agent but excludes tax payable by him on reverse charge basis;
(83) "outward supply" in relation to a taxable person, means supply of goods or services or both, whether by sale, transfer, barter, exchange, licence, rental, lease or disposal or any other mode, made or agreed to be made by such person in the course or furtherance of business;
(84) "person" includes -
(a) an individual;
(b) a Hindu Undivided Family;
(c) a company;
(d) a firm;
(e) a Limited Liability Partnership;
(f) an association of persons or a body of individuals, whether incorporated or not, in India or outside India;
(g) any corporation established by or under any Central Act, State Act or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013;
(h) any body corporate incorporated by or under the laws of a country outside India;
(i) a co-operative society registered under any law relating to co-operative societies;
(j) a local authority;
(k) Central Government or a State Government;
(l) society as defined under the Societies Registration Act, 1860;
(m) trust; and
(n) every artificial juridical person, not falling within any of the above;
(85) "place of business" includes -
(a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or
(b) a place where a taxable person maintains his books of account; or
(c) a place where a taxable person is engaged in business through an agent, by whatever name called;
(86) "place of supply" means the place of supply as referred to in Chapter V of the Integrated Goods and Services Tax Act;
(87) "principal" "prescribed" means prescribed by rules made under this Act on the recommendations of the Council;
(88) "principal" means a person on whose behalf an agent carries on the business of supply or receipt of goods or services or both;
(89) "principal place of business" means the place of business specified as the principal place of business in the certificate of registration;
(90) "principal supply" means the supply of goods or services which constitutes the predominant element of a composite supply and to which any other supply forming part of that composite supply is ancillary;
(91) "proper officer" in relation to any function to be performed under this Act, means the Commissioner or the officer of the State tax who is assigned that function by the Commissioner;
(92) "quarter" shall mean a period comprising three consecutive calendar months, ending on the last day of March, June, September and December of a calendar year;
(93) "recipient" of supply of goods or services or both, means -
(a) where a consideration is payable for the supply of goods or services or both, the person who is liable to pay that consideration;
(b) where no consideration is payable for the supply of goods, the person to whom the goods are delivered or made available, or to whom possession or use of the goods is given or made available; and
(c) where no consideration is payable for the supply of a service, the person to whom the service is rendered,
and any reference to a person to whom a supply is made shall be construed as a reference to the recipient of the supply and shall include an agent acting as such on behalf of the recipient in relation to the goods or services or both supplied;
(94) "registered person" means a person who is registered under section 25 but does not include a person having a Unique Identity Number.
(95) "regulations" means the regulations made by the Government under this Act on the recommendations of the Council;
(96) "removal" in relation to goods, means -
(a) despatch of the goods for delivery by the supplier thereof or by any other person acting on behalf of such supplier; or
(b) collection of the goods by the recipient thereof or by any other person acting on behalf of such recipient;
(97) "return" means any return prescribed or otherwise required to be furnished by or under this Act or the rules made thereunder;
(98) "reverse charge" means the liability to pay tax by the recipient of supply of goods or services or both instead of the supplier of such goods or services or both under sub-section (3) or sub-section (4) of section 9, or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act;
(99) "Revisional Authority" means an authority appointed or authorised for revision of decision or orders as referred to in section 108;
(100) "Schedule" means a Schedule appended to this Act;
(101) "securities" shall have the same meaning as assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956;
(102) "services" means anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged;
(103) "State" means the Union territory of Puducherry;
(104) "State tax" means the tax levied under this Act;
(105) "supplier" in relation to any goods or services or both, shall mean the person supplying the said goods or services or both and shall include an agent acting as such on behalf of such supplier in relation to the goods or services or both supplied;
(106) "telecommunication service" "tax period" means the period for which the return is required to be furnished;
(107) "taxable person" means a person who is registered or liable to be registered under section 22 or section 24;
(108) "taxable supply" means a supply of goods or services or both which is leviable to tax under this Act;
(109) "taxable territory" means the territory to which the provisions of this Act apply;
(110) "telecommunication service" means service of any description (including electronic mail, voice mail, data services, audio text services, video text services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means;
(111) "the Central Goods and Services Tax Act" means the Central Goods and Services Tax Act, 2017;
(112) "turnover in State" or "turnover in Union territory" means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis) and exempt supplies made within a State or Union territory by a taxable person, exports of goods or services or both and inter- State supplies of goods or services or both made from the State or Union territory by the said taxable person but excludes central tax, State tax, Union territory tax, integrated tax and cess;
(113) "usual place of residence" means -
(a) in case of an individual, the place where he ordinarily resides;
(b) in other cases, the place where the person is incorporated or otherwise legally constituted;
(114) "Union territory" means the territory of, -
(a) the Andaman and Nicobar Islands;
(b) Lakshadweep;
(c) Dadra and Nagar Haveli;
(d) Daman and Diu;
(e) Chandigarh; and
(f) other territory;
Explanation. - For the purposes of this Act, each of the territories specified in sub-clauses (a) to (f) shall be considered to be a separate Union territory;
(115) "Union territory tax" means the Union territory goods and services tax levied under the Union Territory Goods and Services Tax Act;
(116) "Union Territory Goods and Services Tax Act" means the Union Territory Goods and Services Tax Act, 2017;
(117) "valid return" means a return furnished under sub-section (1) of section 39 on which self-assessed tax has been paid in full;
(118) "voucher" means an instrument where there is an obligation to accept it as consideration or part consideration for a supply of goods or services or both and where the goods or services or both to be supplied or the identities of their potential suppliers are either indicated on the instrument itself or in related documentation, including the terms and conditions of use of such instrument;
(119) "works contract" means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract;
(120) words and expressions used and not defined in this Act but defined in the Integrated Goods and Services Tax Act, the Central Goods and Services Tax Act, the Union Territory Goods and Services Tax Act and the Goods and Services Tax (Compensation to States) Act shall have the same meanings as assigned to them in those Acts.
Chapter II
Administration
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### 3. Officers under this Act.
- The Government shall, by notification, appoint the following classes of officers for the purposes of this Act, namely: -
(a) Principal Chief Commissioner of State tax,
(b) Chief Commissioner of State tax,
(c) Commissioner of State tax,
(d) Special Commissioner of State tax,
(e) Additional Commissioners of State tax,
(f) Joint Commissioners of State tax,
(g) Deputy Commissioners of State tax,
(h) Assistant Commissioners of State tax, and
(i) any other class of officers as it may deem fit:
Provided that, the officers appointed under the Puducherry Value Added Tax Act, 2007 shall be deemed to be the officers appointed under the provisions of this Act.
### 4. Appointment of officers.
(1) The Government may, in addition to the officers as may be notified under section 3, appoint such persons as it may think fit to be the officers under this Act.
(2) The Commissioner shall have jurisdiction over the whole of the State, the Special Commissioner and an Additional Commissioner in respect of all or any of the functions assigned to them, shall have jurisdiction over the whole of the State or where the State Government so directs, over any local area thereof, and all other officers shall, subject to such conditions as may be specified, have jurisdiction over the whole of the State or over such local areas as the Commissioner may, by order, specify.
### 5. Powers of officers.
(1) Subject to such conditions and limitations as the Commissioner may impose, an officer of State tax may exercise the powers and discharge the duties conferred or imposed on him under this Act.
(2) An officer of State tax may exercise the powers and discharge the duties conferred or imposed under this Act on any other officer of State tax who is subordinate to him.
(3) The Commissioner may, subject to such conditions and limitations as may be specified in this behalf by him, delegate his powers to any other officer who is subordinate to him.
(4) Notwithstanding anything contained in this section, an Appellate Authority shall not exercise the powers and discharge the duties conferred or imposed on any other officer of State tax.
### 6. Authorisation of officers of central tax as proper officer in certain circumstances.
(1) Without prejudice to the provisions of this Act, the officers appointed under the Central Goods and Services Tax Act are authorised to be the proper officers for the purposes of this Act, subject to such conditions as the Government shall, on the recommendations of the Council, by notification, specify.
(2) Subject to the conditions specified in the notification issued under sub-section (1),-
(a) where any proper officer issues an order under this Act, he shall also issue an order under the Central Goods and Services Tax Act, as authorised by the said Act under intimation to the jurisdictional officer of central tax;
(b) where a proper officer under the Central Goods and Services Tax Act has initiated any proceedings on a subject matter, no proceedings shall be initiated by the proper officer under this Act on the same subject matter.
(3) Any proceedings for rectification, appeal and revision, wherever applicable, of any order passed by an officer appointed under this Act, shall not lie before an officer appointed under the Central Goods and Services Tax Act.
Chapter III
Levy and Collection of Tax
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### 7. Scope of supply.
(1) For the purposes of this Act, the expression "supply" includes -
(a) all forms of supply of goods or services or both such as sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business;
(b) import of services for a consideration whether or not in the course or furtherance of business;
(c) the activities specified in Schedule I, made or agreed to be made without a consideration; and
(d) the activities to be treated as supply of goods or supply of services as referred to in Schedule II.
(2) Notwithstanding anything contained in subsection (1), -
(a) activities or transactions specified in Schedule III; or
(b) such activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities, as may be notified by the Government on the recommendations of the Council,
shall be treated neither as a supply of goods nor a supply of services.
(3) Subject to the provisions of sub-sections (1) and (2), the Government may, on the recommendations of the Council, specify, by notification, the transactions that are to be treated as-
(a) a supply of goods and not as a supply of services; or
(b) a supply of services and not as a supply of goods.
### 8. Tax liability on composite and mixed supplies.
- The tax liability on a composite or a mixed supply shall be determined in the following manner, namely: -
(a) a composite supply comprising two or more supplies, one of which is a principal supply, shall be treated as a supply of such principal supply; and
(b) a mixed supply comprising two or more supplies shall be treated as a supply of that particular supply which attracts the highest rate of tax.
### 9. Levy and collection.
(1) Subject to the provisions of sub-section (2), there shall be levied a tax called the Puducherry goods and services tax on all intra-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 and at such rates, not exceeding twenty per cent., as may be notified by the Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person.
(2) The State tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel, shall be levied with effect from such date as may be notified by the Government on the recommendations of the Council.
(3) The Government may, on the recommendations of the Council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both.
(4) The State tax in respect of the supply of taxable goods or services or both by a supplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis as the recipient and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both.
(5) The Government may, on the recommendations of the Council, by notification, specify categories of services the tax on intra-State supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this Act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services:
Provided that where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax:
Provided further that where an electronic commerce operator does not have a physical presence in the taxable territory and also he does not have a representative in the said territory, such electronic commerce operator shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay tax.
### 10. Composition levy.
(1) Notwithstanding anything to the contrary contained in this Act but subject to the provisions of sub-sections (3) and (4) of section 9, a registered person, whose aggregate turnover in the preceding financial year did not exceed fifty lakh rupees may opt to pay, in lieu of the tax payable by him, an amount calculated at such rate as may be prescribed, but not exceeding,-
(a) one per cent. of the turnover in State in case of a manufacturer,
(b) two and a half per cent. of the turnover in State in case of persons engaged in making supplies referred to in clause (b) of paragraph 6 of Schedule II, and
(c) half per cent. of the turnover in State in case of other suppliers,
subject to such conditions and restrictions as may be prescribed:
Provided that the Government may, by notification, increase the said limit of fifty lakh rupees to such higher amount, not exceeding one crore rupees, as may be recommended by the Council.
(2) The registered person shall be eligible to opt under sub-section (1), if -
(a) he is not engaged in the supply of services other than supplies referred to in clause (b) of paragraph 6 of Schedule II;
(b) he is not engaged in making any supply of goods which are not leviable to tax under this Act;
(c) he is not engaged in making any inter-State outward supplies of goods;
(d) he is not engaged in making any supply of goods through an electronic commerce operator who is required to collect tax at source under section 52; and
(e) he is not a manufacturer of such goods as may be notified by the Government on the recommendations of the Council:
Provided that where more than one registered person are having the same Permanent Account Number (issued under the Income-tax Act, 1961), the registered person shall not be eligible to opt for the scheme under sub-section (1) unless all such registered persons opt to pay tax under that subsection.
(3) The option availed of by a registered person under sub-section (1) shall lapse with effect from the day on which his aggregate turnover during a financial year exceeds the limit specified under sub-section (1).
(4) A taxable person to whom the provisions of sub-section (1) apply shall not collect any tax from the recipient on supplies made by him nor shall he be entitled to any credit of input tax.
(5) If the proper officer has reasons to believe that a taxable person has paid tax under sub-section (1) despite not being eligible, such person shall, in addition to any tax that may be payable by him under any other provisions of this Act, be liable to a penalty and the provisions of section 73 or section 74 shall, mutatis mutandis, apply for determination of tax and penalty.
### 11. Power to grant exemption from tax.
(1) Where the Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the Council, by notification, exempt generally, either absolutely or subject to such conditions as may be specified therein, goods or services or both of any specified description from the whole or any part of the tax leviable thereon with effect from such date as may be specified in such notification.
(2) Where the Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the Council, by special order in each case, under circumstances of an exceptional nature to be stated in such order, exempt from payment of tax any goods or services or both on which tax is leviable.
(3) The Government may, if it considers necessary or expedient so to do for the purpose of clarifying the scope or applicability of any notification issued under sub-section (1) or order issued under sub-section (2), insert an explanation in such notification or order, as the case may be, by notification at any time within one year of issue of the notification under sub-section (1) or order under subsection (2), and every such explanation shall have effect as if it had always been the part of the first such notification or order, as the case may be.
(4) Any notification issued by the Central Government, on the recommendations of the Council, under sub-section (1) of section 11 or order issued under sub-section (2) of the said section of the Central Goods and Services Tax Act shall be deemed to be a notification or, as the case may be, an order issued under this Act.
Explanation. - For the purposes of this section, where an exemption in respect of any goods or services or both from the whole or part of the tax leviable thereon has been granted absolutely, the registered person supplying such goods or services or both shall not collect the tax, in excess of the effective rate, on such supply of goods or services or both.
Chapter IV
Time and Value of Supply
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### 12. Time of supply of goods.
(1) The liability to pay tax on goods shall arise at the time of supply, as determined in accordance with the provisions of this section.
(2) The time of supply of goods shall be the earlier of the following dates, namely:-
(a) the date of issue of invoice by the supplier or the last date on which he is required, under sub-section (1) of section 31, to issue the invoice with respect to the supply; or
(b) the date on which the supplier receives the payment with respect to the supply:
Provided that where the supplier of taxable goods receives an amount up to one thousand rupees in excess of the amount indicated in the tax invoice, the time of supply to the extent of such excess amount shall, at the option of the said supplier, be the date of issue of invoice in respect of such excess amount.
Explanation 1. - For the purposes of clauses (a) and (b), "supply" shall be deemed to have been made to the extent it is covered by the invoice or, as the case may be, the payment.
Explanation 2. - For the purposes of clause (b) , "the date on which the supplier receives the payment" shall be the date on which the payment is entered in his books of account or the date on which the payment is credited to his bank account, whichever is earlier.
(3) In case of supplies in respect of which tax is paid or liable to be paid on reverse charge basis, the time of supply shall be the earliest of the following dates, namely: -
(a) the date of the receipt of goods; or
(b) the date of payment as entered in the books of account of the recipient or the date on which the payment is debited in his bank account, whichever is earlier; or
(c) the date immediately following thirty days from the date of issue of invoice or any other document, by whatever name called, in lieu thereof by the supplier:
Provided that where it is not possible to determine the time of supply under clause (a) or clause
(b) or clause (c), the time of supply shall be the date of entry in the books of account of the recipient of supply.
(4) In case of supply of vouchers by a supplier, the time of supply shall be -
(a) the date of issue of voucher, if the supply is identifiable at that point; or
(b) the date of redemption of voucher, in all other cases.
(5) Where it is not possible to determine the time of supply under the provisions of sub-section (2) or sub-section (3) or sub-section (4), the time of supply shall -
(a) in a case where a periodical return has to be filed, be the date on which such return is to be filed; or
(b) in any other case, be the date on which the tax is paid.
(6) The time of supply to the extent it relates to an addition in the value of supply by way of interest, late fee or penalty for delayed payment of any consideration shall be the date on which the supplier receives such addition in value.
### 13. Time of supply of services.
(1) The liability to pay tax on services shall arise at the time of supply, as determined in accordance with the provisions of this section.
(2) The time of supply of services shall be the earliest of the following dates, namely: -
(a) the date of issue of invoice by the supplier, if the invoice is issued within the period prescribed under sub-section (2) of section 31 or the date of receipt of payment, whichever is earlier; or
(b) the date of provision of service, if the invoice is not issued within the period prescribed under sub-section (2) of section 31 or the date of receipt of payment, whichever is earlier; or
(c) the date on which the recipient shows the receipt of services in his books of account, in a case where the provisions of clause (a) or clause (b) do not apply:
Provided that where the supplier of taxable service receives an amount upto one thousand rupees in excess of the amount indicated in the tax invoice, the time of supply to the extent of such excess amount shall, at the option of the said supplier, be the date of issue of invoice relating to such excess amount.
Explanation. - For the purposes of clauses (a) and (b)-
(i) the supply shall be deemed to have been made to the extent it is covered by the invoice or, as the case may be, the payment;
(ii) "the date of receipt of payment" shall be the date on which the payment is entered in the books of account of the supplier or the date on which the payment is credited to his bank account, whichever is earlier.
(3) In case of supplies in respect of which tax is paid or liable to be paid on reverse charge basis, the time of supply shall be the earlier of the following dates, namely: -
(a) the date of payment as entered in the books of account of the recipient or the date on which the payment is debited in his bank account, whichever is earlier; or
(b) the date immediately following sixty days from the date of issue of invoice or any other document, by whatever name called, in lieu thereof by the supplier:
Provided that where it is not possible to determine the time of supply under clause (a) or clause
(b) , the time of supply shall be the date of entry in the books of account of the recipient of supply:
Provided further that in case of supply by associated enterprises, where the supplier of service is located outside India, the time of supply shall be the date of entry in the books of account of the recipient of supply or the date of payment, whichever is earlier.
(4) In case of supply of vouchers by a supplier, the time of supply shall be -
(a) the date of issue of voucher, if the supply is identifiable at that point; or
(b) the date of redemption of voucher, in all other cases.
(5) Where it is not possible to determine the time of supply under the provisions of sub-section (2) or sub-section (3) or sub-section (4), the time of supply shall -
(a) in a case where a periodical return has to be filed, be the date on which such return is to be filed; or
(b) in any other case, be the date on which the tax is paid.
(6) The time of supply to the extent it relates to an addition in the value of supply by way of interest, late fee or penalty for delayed payment of any consideration shall be the date on which the supplier receives such addition in value.
### 14. Change in rate of tax in respect of supply of goods or services.
- Notwithstanding anything contained in section 12 or section 13, the time of supply, where there is a change in the rate of tax in respect of goods or services or both, shall be determined in the following manner, namely: -
(a) in case the goods or services or both have been supplied before the change in rate of tax, -
(i) where the invoice for the same has been issued and the payment is also received after the change in rate of tax, the time of supply shall be the date of receipt of payment or the date of issue of invoice, whichever is earlier; or
(ii) where the invoice has been issued prior to the change in rate of tax but payment is received after the change in rate of tax, the time of supply shall be the date of issue of invoice; or
(iii) where the payment has been received before the change in rate of tax, but the invoice for the same is issued after the change in rate of tax, the time of supply shall be the date of receipt of payment;
(b) in case the goods or services or both have been supplied after the change in rate of tax, -
(i) where the payment is received after the change in rate of tax but the invoice has been issued prior to the change in rate of tax, the time of supply shall be the date of receipt of payment; or
(ii) where the invoice has been issued and payment is received before the change in rate of tax, the time of supply shall be the date of receipt of payment or date of issue of invoice, whichever is earlier; or
(iii) where the invoice has been issued after the change in rate of tax but the payment is received before the change in rate of tax, the time of supply shall be the date of issue of invoice:
Provided that the date of receipt of payment shall be the date of credit in the bank account if such credit in the bank account is after four working days from the date of change in the rate of tax.
Explanation. - For the purposes of this section, "the date of receipt of payment" shall be the date on which the payment is entered in the books of account of the supplier or the date on which the payment is credited to his bank account, whichever is earlier.
### 15. Value of taxable supply.
(1) The value of a supply of goods or services or both shall be the transaction value, which is the price actually paid or payable for the said supply of goods or services or both where the supplier and the recipient of the supply are not related and the price is the sole consideration for the supply.
(2) The value of supply shall include -
(a) any taxes, duties, cesses, fees and charges levied under any law for the time being in force other than this Act, the Central Goods and Services Tax Act and the Goods and Services Tax (Compensation to States) Act, if charged separately by the supplier;
(b) any amount that the supplier is liable to pay in relation to such supply but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the goods or services or both;
(c) incidental expenses, including commission and packing, charged by the supplier to the recipient of a supply and any amount charged for anything done by the supplier in respect of the supply of goods or services or both at the time of, or before delivery of goods or supply of services;
(d) interest or late fee or penalty for delayed payment of any consideration for any supply; and
(e) subsidies directly linked to the price excluding subsidies provided by the Central Government and State Governments.
Explanation. - For the purposes of this subsection, the amount of subsidy shall be included in the value of supply of the supplier who receives the subsidy.
(3) The value of the supply shall not include any discount which is given -
(a) before or at the time of the supply if such discount has been duly recorded in the invoice issued in respect of such supply; and
(b) after the supply has been effected, if -
(i) such discount is established in terms of an agreement entered into at or before the time of such supply and specifically linked to relevant invoices; and
(ii) input tax credit as is attributable to the discount on the basis of document issued by the supplier has been reversed by the recipient of the supply.
(4) Where the value of the supply of goods or services or both cannot be determined under sub-section (1), the same shall be determined in such manner as may be prescribed.
(5) Notwithstanding anything contained in sub-section (1) or sub-section (4), the value of such supplies as may be notified by the Government on the recommendations of the Council shall be determined in such manner as may be prescribed.
Explanation. - For the purposes of this Act, -
(a) persons shall be deemed to be "related persons" if -
(i) such persons are officers or directors of one another's businesses;
(ii) such persons are legally recognised partners in business;
(iii) such persons are employer and employee;
(iv) any person directly or indirectly owns, controls or holds twenty-five per cent. or more of the outstanding voting stock or shares of both of them;
(v) one of them directly or indirectly controls the other;
(vi) both of them are directly or indirectly controlled by a third person;
(vii) together they directly or indirectly control a third person; or
(viii) they are members of the same family;
(b) the term "person" also includes legal persons.
(c) persons who are associated in the business of one another in that one is the sole agent or sole distributor or sole concessionaire, howsoever described, of the other, shall be deemed to be related.
Chapter V
Input Tax Credit
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### 16. Eligibility and conditions for taking input tax credit.
(1) Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person.
(2) Notwithstanding anything contained in this section, no registered person shall be entitled to the credit of any input tax in respect of any supply of goods or services or both to him unless, -
(a) he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other tax paying documents as may be prescribed;
(b) he has received the goods or services or both.
Explanation. - For the purposes of this clause, it shall be deemed that the registered person has received the goods where the goods are delivered by the supplier to a recipient or any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to goods or otherwise;
(c) subject to the provisions of section 41, the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said supply; and
(d) he has furnished the return under section 39:
Provided that where the goods against an invoice are received in lots or instalments, the registered person shall be entitled to take credit upon receipt of the last lot or instalment:
Provided further that where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is payable on reverse charge basis, the amount towards the value of supply along with tax payable thereon within a period of one hundred and eighty days from the date of issue of invoice by the supplier, an amount equal to the input tax credit availed by the recipient shall be added to his output tax liability, along with interest thereon, in such manner as may be prescribed:
Provided also that the recipient shall be entitled to avail of the credit of input tax on payment made by him of the amount towards the value of supply of goods or services or both along with tax payable thereon.
(3) Where the registered person has claimed depreciation on the tax component of the cost of capital goods and plant and machinery under the provisions of the Income-tax Act, 1961, the input tax credit on the said tax component shall not be allowed.
(4) A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier.
### 17. Apportionment of credit and blocked credits.
(1) Where the goods or services or both are used by the registered person partly for the purpose of any business and partly for other purposes, the amount of credit shall be restricted to so much of the input tax as is attributable to the purposes of his business.
(2) Where the goods or services or both are used by the registered person partly for effecting taxable supplies including zero-rated supplies under this Act or under the Integrated Goods and Services Tax Act and partly for effecting exempt supplies under the said Acts, the amount of credit shall be restricted to so much of the input tax as is attributable to the said taxable supplies including zero-rated supplies.
(3) The value of exempt supply under sub-section (2) shall be such as may be prescribed, and shall include supplies on which the recipient is liable to pay tax on reverse charge basis, transactions in securities, sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building.
(4) A banking company or a financial institution including a non-banking financial company, engaged in supplying services by way of accepting deposits, extending loans or advances shall have the option to either comply with the provisions of sub-section (2), or avail of, every month, an amount equal to fifty per cent. of the eligible input tax credit on inputs, capital goods and input services in that month and the rest shall lapse:
Provided that the option once exercised shall not be withdrawn during the remaining part of the financial year:
Provided further that the restriction of fifty per cent. shall not apply to the tax paid on supplies made by one registered person to another registered person having the same Permanent Account Number.
(5) Notwithstanding anything contained in subsection (1) of section 16 and sub-section (1) of section 18, input tax credit shall not be available in respect of the following, namely: -
(a) motor vehicles and other conveyances except when they are used -
(i) for making the following taxable supplies, namely: -
(A) further supply of such vehicles or conveyances; or
(B) transportation of passengers; or
(C) imparting training on driving, flying, navigating such vehicles or conveyances;
(ii) for transportation of goods;
(b) the following supply of goods or services or both: -
(i) food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery except where an inward supply of goods or services or both of a particular category is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as an element of a taxable composite or mixed supply;
(A) the Government notifies the services which are obligatory for an employer to provide to its employees under any law for the time being in force; or
(B) such inward supply of goods or services or both of a particular category is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as part of a taxable composite or mixed supply; and
(iv) travel benefits extended to employees on vacation such as leave or home travel concession;
(ii) membership of a club, health and fitness centre;
(iii) rent-a-cab, life insurance and health insurance except where -
(c) works contract services when supplied for construction of an immovable property (other than plant and machinery) except where it is an input service for further supply of works contract service;
(d) goods or services or both received by a taxable person for construction of an immovable property (other than plant and machinery) on his own account including when such goods or services or both are used in the course or furtherance of business;
Explanation. - For the purposes of clauses (c) and (d), the expression "construction" includes reconstruction, renovation, additions or alterations or repairs, to the extent of capitalisation, to the said immovable property;
(e) goods or services or both on which tax has been paid under section 10;
(f) goods or services or both received by a nonresident taxable person except on goods imported by him;
(g) goods or services or both used for personal consumption;
(h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and
(i) any tax paid in accordance with the provisions of sections 74, 129 and 130.
(6) The Government may prescribe the manner in which the credit referred to in sub-sections (1) and (2) may be attributed.
Explanation. - For the purposes of this Chapter and Chapter VI, the expression "plant and machinery" means apparatus, equipment, and machinery fixed to earth by foundation or structural support that are used for making outward supply of goods or services or both and includes such foundation and structural supports but excludes-
(i) land, building or any other civil structures;
(ii) telecommunication towers; and
(iii) pipelines laid outside the factory premises.
### 18. Availability of credit in special circumstances.
(1) Subject to such conditions and restrictions as may be prescribed -
(a) a person who has applied for registration under this Act within thirty days from the date on which he becomes liable to registration and has been granted such registration shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date from which he becomes liable to pay tax under the provisions of this Act;
(b) a person who takes registration under subsection
(3) of section 25 shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date of grant of registration;
(c) where any registered person ceases to pay tax under section 10, he shall be entitled to take credit of input tax in respect of inputs held in stock, inputs contained in semi-finished or finished goods held in stock and on capital goods on the day immediately preceding the date from which he becomes liable to pay tax under section 9:
Provided that the credit on capital goods shall be reduced by such percentage points as may be prescribed;
(d) where an exempt supply of goods or services or both by a registered person becomes a taxable supply, such person shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock relatable to such exempt supply and on capital goods exclusively used for such exempt supply on the day immediately preceding the date from which such supply becomes taxable:
Provided that the credit on capital goods shall be reduced by such percentage points as may be prescribed.
(2) A registered person shall not be entitled to take input tax credit under sub-section (1) in respect of any supply of goods or services or both to him after the expiry of one year from the date of issue of tax invoice relating to such supply.
(3) Where there is a change in the constitution of a registered person on account of sale, merger, demerger, amalgamation, lease or transfer of the business with the specific provisions for transfer of liabilities, the said registered person shall be allowed to transfer the input tax credit which remains unutilised in his electronic credit ledger to such sold, merged, demerged, amalgamated, leased or transferred business in such manner as may be prescribed.
(4) Where any registered person who has availed of input tax credit opts to pay tax under section 10 or, where the goods or services or both supplied by him become wholly exempt, he shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock and on capital goods, reduced by such percentage points as may be prescribed, on the day immediately preceding the date of exercising of such option or, as the case may be, the date of such exemption:
Provided that after payment of such amount, the balance of input tax credit, if any, lying in his electronic credit ledger shall lapse.
(5) The amount of credit under sub-section (1) and the amount payable under sub-section (4) shall be calculated in such manner as may be prescribed.
(6) In case of supply of capital goods or plant and machinery, on which input tax credit has been taken, the registered person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery reduced by such percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant and machinery determined under section 15, whichever is higher:
Provided that where refractory bricks, moulds and dies, jigs and fixtures are supplied as scrap, the taxable person may pay tax on the transaction value of such goods determined under section 15.
### 19. Taking input tax credit in respect of inputs and capital goods sent for job work.
(1) The principal shall, subject to such conditions and restrictions as may be prescribed, be allowed input tax credit on inputs sent to a job-worker for job-work.
(2) Notwithstanding anything contained in clause (b) of sub-section (2) of section 16, the principal shall be entitled to take credit of input tax on inputs even if the inputs are directly sent to a jobworker for job-work without being first brought to his place of business.
(3) Where the inputs sent for job-work are not received back by the principal after completion of jobwork or otherwise or are not supplied from the place of business of the job-worker in accordance with clause (a) or clause (b) of sub-section (1) of section 143 within one year of being sent out, it shall be deemed that such inputs had been supplied by the principal to the job-worker on the day when the said inputs were sent out:
Provided that where the inputs are sent directly to a job-worker, the period of one year shall be counted from the date of receipt of inputs by the jobworker.
(4) The principal shall, subject to such conditions and restrictions as may be prescribed, be allowed input tax credit on capital goods sent to a jobworker for job-work.
(5) Notwithstanding anything contained in clause (b) of sub-section (2) of section 16, the principal shall be entitled to take credit of input tax on capital goods even if the capital goods are directly sent to a jobworker for job-work without being first brought to his place of business.
(6) Where the capital goods sent for job-work are not received back by the principal within a period of three years of being sent out, it shall be deemed that such capital goods had been supplied by the principal to the job-worker on the day when the said capital goods were sent out:
Provided that where the capital goods are sent directly to a job-worker, the period of three years shall be counted from the date of receipt of capital goods by the job-worker.
(7) Nothing contained in sub-section (3) or subsection (6) shall apply to moulds and dies, jigs and fixtures, or tools sent out to a job-worker for jobwork.
Explanation. - For the purpose of this section, "principal" means the person referred to in section 143.
### 20. Manner of distribution of credit by Input Service Distributor.
(1) The Input Service Distributor shall distribute the credit of State tax as State tax or integrated tax and integrated tax as integrated tax or State tax, by way of issue of document containing the amount of input tax credit being distributed in such manner as may be prescribed.
(2) The Input Service Distributor may distribute the credit subject to the following conditions, namely: -
(a) the credit can be distributed to the recipients of credit against a document containing such details as may be prescribed;
(b) the amount of the credit distributed shall not exceed the amount of credit available for distribution;
(c) the credit of tax paid on input services attributable to a recipient of credit shall be distributed only to that recipient;
(d) the credit of tax paid on input services attributable to more than one recipient of credit shall be distributed amongst such recipients to whom the input service is attributable and such distribution shall be pro rata on the basis of the turnover in a State or turnover in a Union territory of such recipient, during the relevant period, to the aggregate of the turnover of all such recipients to whom such input service is attributable and which are operational in the current year, during the said relevant period;
(e) the credit of tax paid on input services attributable to all recipients of credit shall be distributed amongst such recipients and such distribution shall be pro rata on the basis of the turnover in a State or turnover in a Union territory of such recipient, during the relevant period, to the aggregate of the turnover of all recipients and which are operational in the current year, during the said relevant period.
Explanation. - For the purposes of this section, -
(a) the "relevant period" shall be -
(i) if the recipients of credit have turnover in their States or Union territories in the financial year preceding the year during which credit is to be distributed, the said financial year; or
(ii) if some or all recipients of the credit do not have any turnover in their States or Union territories in the financial year preceding the year during which the credit is to be distributed, the last quarter for which details of such turnover of all the recipients are available, previous to the month during which credit is to be distributed;
(b) the expression "recipient of credit" means the supplier of goods or services or both having the same Permanent Account Number as that of the Input Service Distributor;
(c) the term "turnover", in relation to any registered person engaged in the supply of taxable goods as well as goods not taxable under this Act, means the value of turnover, reduced by the amount of any duty or tax levied under entry 84 of List I of the Seventh Schedule to the Constitution and entry 51 and 54 of List II of the said Schedule.
### 21. Manner of recovery of credit distributed in excess.
- Where the Input Service Distributor distributes the credit in contravention of the provisions contained in section 20 resulting in excess distribution of credit to one or more recipients of credit, the excess credit so distributed shall be recovered from such recipients along with interest, and the provisions of section 73 or section 74, as the case may be, shall, mutatis mutandis, apply for determination of amount to be recovered.
Chapter VI
Registration
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### 22. Persons liable for registration.
(1) Every supplier making a taxable supply of goods or services or both in the State shall be liable to be registered under this Act if his aggregate turnover in a financial year exceeds twenty lakh rupees:
Provided that where such person makes taxable supplies of goods or services or both from any of the special category States, he shall be liable to be registered if his aggregate turnover in a financial year exceeds ten lakh rupees.
(2) Every person who, on the day immediately preceding the appointed day, is registered or holds a licence under an existing law, shall be liable to be registered under this Act with effect from the appointed day.
(3) Where a business carried on by a taxable person registered under this Act is transferred, whether on account of succession or otherwise, to another person as a going concern, the transferee or the successor, as the case may be, shall be liable to be registered with effect from the date of such transfer or succession.
(4) Notwithstanding anything contained in sub-sections (1) and (3), in a case of transfer pursuant to sanction of a scheme or an arrangement for amalgamation or, as the case may be, de-merger of two or more companies pursuant to an order of a High Court, Tribunal or otherwise, the transferee shall be liable to be registered, with effect from the date on which the Registrar of Companies issues a certificate of incorporation giving effect to such order of the High Court or Tribunal.
Explanation. - For the purposes of this section, -
(i) the expression "aggregate turnover" shall include all supplies made by the taxable person, whether on his own account or made on behalf of all his principals;
(ii) the supply of goods, after completion of job-work, by a registered job-worker shall be treated as the supply of goods by the principal referred to in section 143, and the value of such goods shall not be included in the aggregate turnover of the registered job-worker;
(iii) the expression "special category States" shall mean the States as specified in sub-clause (g) of clause (4) of article 279A of the Constitution.
### 23. Persons not liable for registration.
(1) The following persons shall not be liable to registration, namely: -
(a) any person engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under this Act or under the Integrated Goods and Services Tax Act;
(b) an agriculturist, to the extent of supply of produce out of cultivation of land.
(2) The Government may, on the recommendations of the Council, by notification, specify the category of persons who may be exempted from obtaining registration under this Act.
### 24. Compulsory registration in certain cases.
- Notwithstanding anything contained in sub-section (1) of section 22, the following categories of persons shall be required to be registered under this Act, -
(i) persons making any inter-State taxable supply;
(ii) casual taxable persons making taxable supply;
(iii) persons who are required to pay tax under reverse charge;
(iv) persons who are required to pay tax under sub-section (5) of section 9;
(v) non-resident taxable persons making taxable supply;
(vi) persons who are required to deduct tax under section 51, whether or not separately registered under this Act;
(vii) persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an agent or otherwise;
(viii) Input Service Distributor, whether or not separately registered under this Act;
(ix) persons who supply goods or services or both, other than supplies specified under sub-section (5) of section 9, through such electronic commerce operator who is required to collect tax at source under section 52;
(x) every electronic commerce operator;
(xi) every person supplying online information and data base access or retrieval services from a place outside India to a person in India, other than a registered person; and
(xii) such other person or class of persons as may be notified by the Government on the recommendations of the Council.
### 25. Procedure for registration.
(1) Every person who is liable to be registered under section 22 or section 24 shall apply for registration within thirty days from the date on which he becomes liable to registration, in such manner and subject to such conditions as may be prescribed:
Provided that a casual taxable person or a nonresident taxable person shall apply for registration at least five days prior to the commencement of business.
Explanation. - Every person who makes a supply from the territorial waters of India shall obtain registration in the State where the nearest point of the appropriate baseline is located in the State.
(2) A person seeking registration under this Act shall be granted a single registration:
Provided that a person having multiple business verticals in the State may be granted a separate registration for each business vertical, subject to such conditions as may be prescribed.
(3) A person, though not liable to be registered under section 22 or section 24 may get himself registered voluntarily, and all provisions of this Act, as are applicable to a registered person, shall apply to such person.
(4) A person who has obtained or is required to obtain more than one registration, whether in one State or Union territory or more than one State or Union territory shall, in respect of each such registration, be treated as distinct persons for the purposes of this Act.
(5) Where a person who has obtained or is required to obtain registration in a State or Union territory in respect of an establishment, has an establishment in another State or Union territory, then such establishments shall be treated as establishments of distinct persons for the purposes of this Act.
(6) Every person shall have a Permanent Account Number issued under the Income-tax Act, 1961 in order to be eligible for grant of registration:
Provided that a person required to deduct tax under section 51 may have, in lieu of a Permanent Account Number, a Tax Deduction and Collection Account Number issued under the said Act in order to be eligible for grant of registration.
(7) Notwithstanding anything contained in subsection (6), a non-resident taxable person may be granted registration under sub-section (1) on the basis of such other documents as may be prescribed.
(8) Where a person who is liable to be registered under this Act fails to obtain registration, the proper officer may, without prejudice to any action which may be taken under this Act or under any other law for the time being in force, proceed to register such person in such manner as may be prescribed.
(9) Notwithstanding anything contained in sub-section (1), -
(a) any specialised agency of the United Nations Organisation or any Multilateral Financial Institution and Organisation notified under the United Nations (Privileges and Immunities) Act, 1947, Consulate or Embassy of foreign countries; and
(b) any other person or class of persons, as may be notified by the Commissioner, shall be granted a Unique Identity Number in such manner and for such purposes, including refund of taxes on the notified supplies of goods or services or both received by them, as may be prescribed.
(10) The registration or the Unique Identity Number shall be granted or rejected after due verification in such manner and within such period as may be prescribed.
(11) A certificate of registration shall be issued in such form and with effect from such date as may be prescribed.
(12) A registration or a Unique Identity Number shall be deemed to have been granted after the expiry of the period prescribed under sub-section (10), if no deficiency has been communicated to the applicant within that period.
### 26. Deemed registration.
(1) The grant of registration or the Unique Identity Number under the Central Goods and Services Tax Act shall be deemed to be a grant of registration or the Unique Identity Number under this Act subject to the condition that the application for registration or the Unique Identity Number has not been rejected under this Act within the time specified in sub-section (10) of section 25.
(2) Notwithstanding anything contained in sub-section (10) of section 25, any rejection of application for registration or the Unique Identity Number under the Central Goods and Services Tax Act shall be deemed to be a rejection of application for registration under this Act.
### 27. Special provisions relating to casual taxable person and no-resident taxable person.
(1) The certificate of registration issued to a casual taxable person or a non-resident taxable person shall be valid for the period specified in the application for registration or ninety days from the effective date of registration, whichever is earlier and such person shall make taxable supplies only after the issuance of the certificate of registration:
Provided that the proper officer may, on sufficient cause being shown by the said taxable person, extend the said period of ninety days by a further period not exceeding ninety days.
(2) A casual taxable person or a non-resident taxable person shall, at the time of submission of application for registration under sub-section (1) of section 25, make an advance deposit of tax in an amount equivalent to the estimated tax liability of such person for the period for which the registration is sought:
Provided that where any extension of time is sought under sub-section (1) , such taxable person shall deposit an additional amount of tax equivalent to the estimated tax liability of such person for the period for which the extension is sought.
(3) The amount deposited under sub-section (2) shall be credited to the electronic cash ledger of such person and shall be utilised in the manner provided under section 49.
### 28. Amendment of registration.
(1) Every registered person and a person to whom a Unique Identity Number has been assigned shall inform the proper officer of any changes in the information furnished at the time of registration or subsequent thereto, in such form and manner and within such period as may be prescribed.
(2) The proper officer may, on the basis of information furnished under sub-section (1) or as ascertained by him, approve or reject amendments in the registration particulars in such manner and within such period as may be prescribed:
Provided that approval of the proper officer shall not be required in respect of amendment of such particulars as may be prescribed:
Provided further that the proper officer shall not reject the application for amendment in the registration particulars without giving the person an opportunity of being heard.
(3) Any rejection or approval of amendments under the Central Goods and Services Tax Act shall be deemed to be a rejection or approval under this Act.
### 29. Cancellation of registration.
(1) The proper officer may, either on his own motion or on an application filed by the registered person or by his legal heirs, in case of death of such person, cancel the registration, in such manner and within such period as may be prescribed, having regard to the circumstances where, -
(a) the business has been discontinued, transferred fully for any reason including death of the proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; or
(b) there is any change in the constitution of the business; or
(c) the taxable person, other than the person registered under sub-section (3) of section 25, is no longer liable to be registered under section 22 or section 24.
(2) The proper officer may cancel the registration of a person from such date, including any retrospective date, as he may deem fit, where, -
(a) a registered person has contravened such provisions of the Act or the rules made thereunder as may be prescribed; or
(b) a person paying tax under section 10 has not furnished returns for three consecutive tax periods; or
(c) any registered person, other than a person specified in clause (b), has not furnished returns for a continuous period of six months; or
(d) any person who has taken voluntary registration under sub-section (3) of section 25 has not commenced business within six months from the date of registration; or
(e) registration has been obtained by means of fraud, wilful misstatement or suppression of facts:
Provided that the proper officer shall not cancel the registration without giving the person an opportunity of being heard.
(3) The cancellation of registration under this section shall not affect the liability of the person to pay tax and other dues under this Act or to discharge any obligation under this Act or the rules made thereunder for any period prior to the date of cancellation whether or not such tax and other dues are determined before or after the date of cancellation.
(4) The cancellation of registration under the Central Goods and Services Tax Act shall be deemed to be a cancellation of registration under this Act.
(5) Every registered person whose registration is cancelled shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock or capital goods or plant and machinery on the day immediately preceding the date of such cancellation or the output tax payable on such goods, whichever is higher, calculated in such manner as may be prescribed:
Provided that in case of capital goods or plant and machinery, the taxable person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery, reduced by such percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant and machinery under section 15, whichever is higher.
(6) The amount payable under sub-section (5) shall be calculated in such manner as may be prescribed.
### 30. Revocation of cancellation of registration.
(1) Subject to such conditions as may be prescribed, any registered person, whose registration is cancelled by the proper officer on his own motion, may apply to such officer for revocation of cancellation of the registration in the prescribed manner within thirty days from the date of service of the cancellation order.
(2) The proper officer may, in such manner and within such period as may be prescribed, by order, either revoke cancellation of the registration or reject the application:
Provided that the application for revocation of cancellation of registration shall not be rejected unless the applicant has been given an opportunity of being heard.
(3) The revocation of cancellation of registration under the Central Goods and Services Tax Act shall be deemed to be a revocation of cancellation of registration under this Act.
Chapter VII
Tax Invoice, Credit and Debit Notes
----------------------------------------------------
### 31. Tax invoice.
(1) A registered person supplying taxable goods shall, before or at the time of, -
(a) removal of goods for supply to the recipient, where the supply involves movement of goods; or
(b) delivery of goods or making available thereof to the recipient, in any other case,
issue a tax invoice showing the description, quantity and value of goods, the tax charged thereon and such other particulars as may be prescribed:
Provided that the Government may, on the recommendations of the Council, by notification, specify the categories of goods or supplies in respect of which a tax invoice shall be issued, within such time and in such manner as may be prescribed.
(2) A registered person supplying taxable services shall, before or after the provision of service but within a prescribed period, issue a tax invoice, showing the description, value, tax charged thereon and such other particulars as may be prescribed:
Provided that the Government may, on the recommendations of the Council, by notification and subject to such conditions as may be mentioned therein, specify the categories of services in respect of which -
(a) any other document issued in relation to the supply shall be deemed to be a tax invoice; or
(b) tax invoice may not be issued.
(3) Notwithstanding anything contained in subsections (1) and (2) -
(a) a registered person may, within one month from the date of issuance of certificate of registration and in such manner as may be prescribed, issue a revised invoice against the invoice already issued during the period beginning with the effective date of registration till the date of issuance of certificate of registration to him;
(b) a registered person may not issue a tax invoice if the value of the goods or services or both supplied is less than two hundred rupees subject to such conditions and in such manner as may be prescribed;
(c) a registered person supplying exempted goods or services or both or paying tax under the provisions of section 10 shall issue, instead of a tax invoice, a bill of supply containing such particulars and in such manner as may be prescribed:
Provided that the registered person may not issue a bill of supply if the value of the goods or services or both supplied is less than two hundred rupees subject to such conditions and in such manner as may be prescribed;
(d) a registered person shall, on receipt of advance payment with respect to any supply of goods or services or both, issue a receipt voucher or any other document, containing such particulars as may be prescribed, evidencing receipt of such payment;
(e) where, on receipt of advance payment with respect to any supply of goods or services or both the registered person issues a receipt voucher, but subsequently no supply is made and no tax invoice is issued in pursuance thereof, the said registered person may issue to the person who had made the payment, a refund voucher against such payment;
(f) a registered person who is liable to pay tax under sub-section (3) or sub-section (4) of section 9 shall issue an invoice in respect of goods or services or both received by him from the supplier who is not registered on the date of receipt of goods or services or both;
(g) a registered person who is liable to pay tax under sub-section (3) or sub-section (4) of section 9 shall issue a payment voucher at the time of making payment to the supplier.
(4) In case of continuous supply of goods, where successive statements of accounts or successive payments are involved, the invoice shall be issued before or at the time each such statement is issued or, as the case may be, each such payment is received.
(5) Subject to the provisions of clause (d) of subsection (3), in case of continuous supply of services, -
(a) where the due date of payment is ascertainable from the contract, the invoice shall be issued on or before the due date of payment;
(b) where the due date of payment is not ascertainable from the contract, the invoice shall be issued before or at the time when the supplier of service receives the payment;
(c) where the payment is linked to the completion of an event, the invoice shall be issued on or before the date of completion of that event.
(6) In a case where the supply of services ceases under a contract before the completion of the supply, the invoice shall be issued at the time when the supply ceases and such invoice shall be issued to the extent of the supply made before such cessation.
(7) Notwithstanding anything contained in subsection (1), where the goods being sent or taken on approval for sale or return are removed before the supply takes place, the invoice shall be issued before or at the time of supply or six months from the date of removal, whichever is earlier.
Explanation. - For the purposes of this section, the expression "tax invoice" shall include any revised invoice issued by the supplier in respect of a supply made earlier.
### 32. Prohibition of unauthorised collection of tax.
(1) A person who is not a registered person shall not collect in respect of any supply of goods or services or both any amount by way of tax under this Act.
(2) No registered person shall collect tax except in accordance with the provisions of this Act or the rules made thereunder.
### 33. Amount of tax to be indicated in tax invoice and other documents.
- Notwithstanding anything contained in this Act or any other law for the time being in force, where any supply is made for a consideration, every person who is liable to pay tax for such supply shall prominently indicate in all documents relating to assessment, tax invoice and other like documents, the amount of tax which shall form part of the price at which such supply is made.
### 34. Credit and debit notes.
(1) Where a tax invoice has been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to exceed the taxable value or tax payable in respect of such supply, or where the goods supplied are returned by the recipient, or where goods or services or both supplied are found to be deficient, the registered person, who has supplied such goods or services or both, may issue to the recipient a credit note containing such particulars as may be prescribed.
(2) Any registered person who issues a credit note in relation to a supply of goods or services or both shall declare the details of such credit note in the return for the month during which such credit note has been issued but not later than September following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return, whichever is earlier, and the tax liability shall be adjusted in such manner as may be prescribed:
Provided that no reduction in output tax liability of the supplier shall be permitted, if the incidence of tax and interest on such supply has been passed on to any other person.
(3) Where a tax invoice has been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to be less than the taxable value or tax payable in respect of such supply, the registered person, who has supplied such goods or services or both, shall issue to the recipient a debit note containing such particulars as may be prescribed.
(4) Any registered person who issues a debit note in relation to a supply of goods or services or both shall declare the details of such debit note in the return for the month during which such debit note has been issued and the tax liability shall be adjusted in such manner as may be prescribed.
Explanation. - For the purposes of this Act, the expression "debit note" shall include a supplementary invoice.
Chapter VIII
Accounts and Records
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### 35. Accounts and other records.
(1) Every registered person shall keep and maintain, at his principal place of business, as mentioned in the certificate of registration, a true and correct account of-
(a) production or manufacture of goods;
(b) inward and outward supply of goods or services or both;
(c) stock of goods;
(d) input tax credit availed;
(e) output tax payable and paid; and
(f) such other particulars as may be prescribed:
Provided that where more than one place of business is specified in the certificate of registration, the accounts relating to each place of business shall be kept at such places of business:
Provided further that the registered person may keep and maintain such accounts and other particulars in electronic form in such manner as may be prescribed.
(2) Every owner or operator of warehouse or godown or any other place used for storage of goods and every transporter, irrespective of whether he is a registered person or not, shall maintain records of the consigner, consignee and other relevant details of the goods in such manner as may be prescribed.
(3) The Commissioner may notify a class of taxable persons to maintain additional accounts or documents for such purpose as may be specified therein.
(4) Where the Commissioner considers that any class of taxable persons is not in a position to keep and maintain accounts in accordance with the provisions of this section, he may, for reasons to be recorded in writing, permit such class of taxable persons to maintain accounts in such manner as may be prescribed.
(5) Every registered person whose turnover during a financial year exceeds the prescribed limit shall get his accounts audited by a chartered accountant or a cost accountant and shall submit a copy of the audited annual accounts, the reconciliation statement under sub-section (2) of section 44 and such other documents in such form and manner as may be prescribed.
(6) Subject to the provisions of clause (h) of subsection (5) of section 17, where the registered person fails to account for the goods or services or both in accordance with the provisions of sub-section (1), the proper officer shall determine the amount of tax payable on the goods or services or both that are not accounted for, as if such goods or services or both had been supplied by such person and the provisions of section 73 or section74, as the case may be, shall, mutatis mutandis, apply for determination of such tax.
### 36. Period of retention of accounts.
- Every registered person required to keep and maintain books of account or other records in accordance with the provisions of sub-section (1) of section 35 shall retain them until the expiry of seventy two months from the due date of furnishing of annual return for the year pertaining to such accounts and records:
Provided that a registered person, who is a party to an appeal or revision or any other proceedings before any Appellate Authority or Revisional Authority or Appellate Tribunal or court, whether filed by him or by the Commissioner, or is under investigation for an offence under Chapter XIX, shall retain the books of account and other records pertaining to the subject matter of such appeal or revision or proceedings or investigation for a period of one year after final disposal of such appeal or revision or proceedings or investigation, or for the period specified above, whichever is later.
Chapter IX
Returns
-----------------------
### 37. Furnishing details of outward supplies.
(1) Every registered person, other than an Input Service Distributor, a non-resident taxable person and a person paying tax under the provisions of section 10 or section 51 or section 52, shall furnish, electronically, in such form and manner as may be prescribed, the details of outward supplies of goods or services or both effected during a tax period on or before the tenth day of the month succeeding the said tax period and such details shall be communicated to the recipient of the said supplies within such time and in such manner as may be prescribed:
Provided that the registered person shall not be allowed to furnish the details of outward supplies during the period from the eleventh day to the fifteenth day of the month succeeding the tax period:
Provided further that the Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing such details for such class of taxable persons as may be specified therein:
Provided also that any extension of time limit notified by the Commissioner of central tax shall be deemed to be notified by the Commissioner.
(2) Every registered person who has been communicated the details under sub-section (3) of section 38 or the details pertaining to inward supplies of Input Service Distributor under sub-section (4) of section 38, shall either accept or reject the details so communicated, on or before the seventeenth day, but not before the fifteenth day, of the month succeeding the tax period and the details furnished by him under sub-section (1) shall stand amended accordingly.
(3) Any registered person, who has furnished the details under sub-section (1) for any tax period and which have remained unmatched under section 42 or section 43, shall, upon discovery of any error or omission therein, rectify such error or omission in such manner as may be prescribed, and shall pay the tax and interest, if any, in case there is a short payment of tax on account of such error or omission, in the return to be furnished for such tax period:
Provided that no rectification of error or omission in respect of the details furnished under sub-section (1) shall be allowed after furnishing of the return under section 39 for the month of September following the end of the financial year to which such details pertain, or furnishing of the relevant annual return, whichever is earlier.
Explanation. - For the purposes of this Chapter, the expression "details of outward supplies" shall include details of invoices, debit notes, credit notes and revised invoices issued in relation to outward supplies made during any tax period.
### 38. Furnishing details of inward supplies.
(1) Every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52, shall verify, validate, modify or delete, if required, the details relating to outward supplies and credit or debit notes communicated under sub-section (1) of section 37 to prepare the details of his inward supplies and credit or debit notes and may include therein, the details of inward supplies and credit or debit notes received by him in respect of such supplies that have not been declared by the supplier under sub-section (1) of section 37.
(2) Every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52, shall furnish, electronically, the details of inward supplies of taxable goods or services or both, including inward supplies of goods or services or both on which the tax is payable on reverse charge basis under this Act and inward supplies of goods or services or both taxable under the Integrated Goods and Services Tax Act or on which integrated goods and services tax is payable under section 3 of the Customs Tariff Act, 1975, and credit or debit notes received in respect of such supplies during a tax period after the tenth day but on or before the fifteenth day of the month succeeding the tax period in such form and manner as may be prescribed:
Provided that the Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing such details for such class of taxable persons as may be specified therein:
Provided further that any extension of time limit notified by the Commissioner of central tax shall be deemed to be notified by the Commissioner.
(3) The details of supplies modified, deleted or included by the recipient and furnished under subsection (2) shall be communicated to the supplier concerned in such manner and within such time as may be prescribed.
(4) The details of supplies modified, deleted or included by the recipient in the return furnished under sub-section (2) or sub-section (4) of section 39 shall be communicated to the supplier concerned in such manner and within such time as may be prescribed.
(5) Any registered person, who has furnished the details under sub-section (2) for any tax period and which have remained unmatched under section 42 or section 43, shall, upon discovery of any error or omission therein, rectify such error or omission in the tax period during which such error or omission is noticed in such manner as may be prescribed, and shall pay the tax and interest, if any, in case there is a short payment of tax on account of such error or omission, in the return to be furnished for such tax period:
Provided that no rectification of error or omission in respect of the details furnished under subsection (2) shall be allowed after furnishing of the return under section 39 for the month of September following the end of the financial year to which such details pertain, or furnishing of the relevant annual return, whichever is earlier.
### 39. Furnishing of returns.
(1) Every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52 shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, of inward and outward supplies of goods or services or both, input tax credit availed, tax payable, tax paid and such other particulars as may be prescribed on or before the twentieth day of the month succeeding such calendar month or part thereof.
(2) A registered person paying tax under the provisions of section 10 shall, for each quarter or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, of turnover in the State, inward supplies of goods or services or both, tax payable and tax paid within eighteen days after the end of such quarter.
(3) Every registered person required to deduct tax at source under the provisions of section 51 shall furnish, in such form and manner as may be prescribed, a return, electronically, for the month in which such deductions have been made within ten days after the end of such month.
(4) Every taxable person registered as an Input Service Distributor shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within thirteen days after the end of such month.
(5) Every registered non-resident taxable person shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within twenty days after the end of a calendar month or within seven days after the last day of the period of registration specified under subsection (1) of section 27, whichever is earlier.
(6) The Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing the returns under this section for such class of registered persons as may be specified therein:
Provided that any extension of time limit notified by the Commissioner of central tax shall be deemed to be notified by the Commissioner.
(7) Every registered person, who is required to furnish a return under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (5), shall pay to the Government the tax due as per such return not later than the last date on which he is required to furnish such return.
(8) Every registered person who is required to furnish a return under sub-section (1) or sub-section (2) shall furnish a return for every tax period whether or not any supplies of goods or services or both have been made during such tax period.
(9) Subject to the provisions of sections 37 and 38, if any registered person after furnishing a return under sub-section (1) or sub-section (2) or subsection (3) or sub-section (4) or sub-section (5) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars in the return to be furnished for the month or quarter during which such omission or incorrect particulars are noticed, subject to payment of interest under this Act:
Provided that no such rectification of any omission or incorrect particulars shall be allowed after the due date for furnishing of return for the month of September or second quarter following the end of the financial year, or the actual date of furnishing of relevant annual return, whichever is earlier.
(10) A registered person shall not be allowed to furnish a return for a tax period if the return for any of the previous tax periods has not been furnished by him.
### 40. First return.
- Every registered person who has made outward supplies in the period between the date on which he became liable to registration till the date on which registration has been granted shall declare the same in the first return furnished by him after grant of registration.
### 41. Claim of input tax credit and provisional acceptance thereof.
(1) Every registered person shall, subject to such conditions and restrictions as may be prescribed, be entitled to take the credit of eligible input tax, as self-assessed, in his return and such amount shall be credited on a provisional basis to his electronic credit ledger.
(2) The credit referred to in sub-section (1) shall be utilised only for payment of self-assessed output tax as per the return referred to in the said sub-section.
### 42. Matching, reversal and reclaim of input tax credit.
(1) The details of every inward supply furnished by a registered person (hereafter in this section referred to as the "recipient") for a tax period shall, in such manner and within such time as may be prescribed, be matched -
(a) with the corresponding details of outward supply furnished by the corresponding registered person (hereafter in this section referred to as the "supplier") in his valid return for the same tax period or any preceding tax period;
(b) with the integrated goods and services tax paid under sect ion 3 of the Customs Tar i Act, 1975 in respect of goods imported by him; and
(c) for duplication of claims of input tax credit.
(2) The claim of input tax credit in respect of invoices or debit notes relating to inward supply that match with the details of corresponding outward supply or with the integrated goods and services tax paid under section 3 of the Customs Tariff Act, 1975 in respect of goods imported by him shall be finally accepted and such acceptance shall be communicated, in such manner as may be prescribed, to the recipient.
(3) Where the input tax credit claimed by a recipient in respect of an inward supply is in excess of the tax declared by the supplier for the same supply or the outward supply is not declared by the supplier in his valid returns, the discrepancy shall be communicated to both such persons in such manner as may be prescribed.
(4) The duplication of claims of input tax credit shall be communicated to the recipient in such manner as may be prescribed.
(5) The amount in respect of which any discrepancy is communicated under sub-section (3) and which is not rectified by the supplier in his valid return for the month in which discrepancy is communicated shall be added to the output tax liability of the recipient, in such manner as may be prescribed, in his return for the month succeeding the month in which the discrepancy is communicated.
(6) The amount claimed as input tax credit that is found to be in excess on account of duplication of claims shall be added to the output tax liability of the recipient in his return for the month in which the duplication is communicated.
(7) The recipient shall be eligible to reduce, from his output tax liability, the amount added under subsection (5), if the supplier declares the details of the invoice or debit note in his valid return within the time specified in sub-section (9) of section 39.
(8) A recipient in whose output tax liability any amount has been added under sub-section (5) or subsection (6), shall be liable to pay interest at the rate specified under sub-section (1) of section 50 on the amount so added from the date of availing of credit till the corresponding additions are made under the said sub-sections.
(9) Where any reduction in output tax liability is accepted under sub-section (7), the interest paid under sub-section (8) shall be refunded to the recipient by crediting the amount in the corresponding head of his electronic cash ledger in such manner as may be prescribed:
Provided that the amount of interest to be credited in any case shall not exceed the amount of interest paid by the supplier.
(10) The amount reduced from the output tax liability in contravention of the provisions of subsection (7) shall be added to the output tax liability of the recipient in his return for the month in which such contravention takes place and such recipient shall be liable to pay interest on the amount so added at the rate specified in sub-section (3) of section 50.
### 43. Matching, reversal and reclaim of reduction in output tax liability.
(1) The details of every credit note relating to outward supply furnished by a registered person (hereafter in this section referred to as the "supplier") for a tax period shall, in such manner and within such time as may be prescribed, be matched -
(a) with the corresponding reduction in the claim for input tax credit by the corresponding registered person (hereafter in this section referred to as the "recipient") in his valid return for the same tax period or any subsequent tax period; and
(b) for duplication of claims for reduction in output tax liability.
(2) The claim for reduction in output tax liability by the supplier that matches with the corresponding reduction in the claim for input tax credit by the recipient shall be finally accepted and communicated, in such manner as may be prescribed, to the supplier.
(3) Where the reduction of output tax liability in respect of outward supplies exceeds the corresponding reduction in the claim for input tax credit or the corresponding credit note is not declared by the recipient in his valid returns, the discrepancy shall be communicated to both such persons in such manner as may be prescribed.
(4) The duplication of claims for reduction in output tax liability shall be communicated to the supplier in such manner as may be prescribed.
(5) The amount in respect of which any discrepancy is communicated under sub-section (3) and which is not rectified by the recipient in his valid return for the month in which discrepancy is communicated shall be added to the output tax liability of the supplier, in such manner as may be prescribed, in his return for the month succeeding the month in which the discrepancy is communicated.
(6) The amount in respect of any reduction in output tax liability that is found to be on account of duplication of claims shall be added to the output tax liability of the supplier in his return for the month in which such duplication is communicated.
(7) The supplier shall be eligible to reduce, from his output tax liability, the amount added under subsection (5) if the recipient declares the details of the credit note in his valid return within the time specified in sub-section (9) of section 39.
(8) A supplier in whose output tax liability any amount has been added under sub-section (5) or subsection (6), shall be liable to pay interest at the rate specified under sub-section (1) of section 50 in respect of the amount so added from the date of such claim for reduction in the output tax liability till the corresponding additions are made under the said subsections.
(9) Where any reduction in output tax liability is accepted under sub-section (7), the interest paid under sub-section (8) shall be refunded to the supplier by crediting the amount in the corresponding head of his electronic cash ledger in such manner as may be prescribed:
Provided that the amount of interest to be credited in any case shall not exceed the amount of interest paid by the recipient.
(10) The amount reduced from output tax liability in contravention of the provisions of sub-section (7) shall be added to the output tax liability of the supplier in his return for the month in which such contravention takes place and such supplier shall be liable to pay interest on the amount so added at the rate specified in sub-section (3) of section 50.
### 44. Annual return.
(1) Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a nonresident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirtyfirst day of December following the end of such financial year.
(2) Every registered person who is required to get his accounts audited in accordance with the provisions of sub-section (5) of section 35 shall furnish, electronically, the annual return under subsection (1) along with a copy of the audited annual accounts and a reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year with the audited annual financial statement, and such other particulars as may be prescribed.
### 45. Final return.
- Every registered person who is required to furnish a return under sub-section (1) of section 39 and whose registration has been cancelled shall furnish a final return within three months of the date of cancellation or date of order of cancellation, whichever is later, in such form and manner as may be prescribed.
### 46. Notice to return defaulters.
- Where a registered person fails to furnish a return under section 39 or section 44 or section 45, a notice shall be issued requiring him to furnish such return within fifteen days in such form and manner as may be prescribed.
### 47. Levy of late fee.
(1) Any registered person who fails to furnish the details of outward or inward supplies required under section 37 or section 38 or returns required under section 39 or section 45 by the due date shall pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum amount of five thousand rupees.
(2) Any registered person who fails to furnish the return required under section 44 by the due date shall be liable to pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum of an amount calculated at a quarter per cent. of his turnover in the State.
### 48. Goods and services tax practitioners.
(1) The manner of approval of goods and services tax practitioners, their eligibility conditions, duties and obligations, manner of removal and other conditions relevant for their functioning shall be such as may be prescribed.
(2) A registered person may authorise an approved goods and services tax practitioner to furnish the details of outward supplies under section 37, the details of inward supplies under section 38 and the return under section 39 or section 44 or section 45 in such manner as may be prescribed.
(3) Notwithstanding anything contained in subsection (2), the responsibility for correctness of any particulars furnished in the return or other details filed by the goods and services tax practitioners shall continue to rest with the registered person on whose behalf such return and details are furnished.
Chapter X
Payment of Tax
-----------------------------
### 49. Payment of tax, interest, penalty and other amounts.
(1) Every deposit made towards tax, interest, penalty, fee or any other amount by a person by internet banking or by using credit or debit cards or National Electronic Fund Transfer or Real Time Gross Settlement or by such other mode and subject to such conditions and restrictions as may be prescribed, shall be credited to the electronic cash ledger of such person to be maintained in such manner as may be prescribed.
(2) The input tax credit as self-assessed in the return of a registered person shall be credited to his electronic credit ledger, in accordance with section 41, to be maintained in such manner as may be prescribed.
(3) The amount available in the electronic cash ledger may be used for making any payment towards tax, interest, penalty, fees or any other amount payable under the provisions of this Act or the rules made thereunder in such manner and subject to such conditions and within such time as may be prescribed.
(4) The amount available in the electronic credit ledger may be used for making any payment towards output tax under this Act or under the Integrated Goods and Services Tax Act in such manner and subject to such conditions and within such time as may be prescribed.
(5) The amount of input tax credit available in the electronic credit ledger of the registered person on account of -
(a) integrated tax shall first be utilised towards payment of integrated tax and the amount remaining, if any, may be utilised towards the payment of central tax and State tax, or as the case may be, Union territory tax, in that order;
(b) the central tax shall first be utilised towards payment of central tax and the amount remaining, if any, may be utilised towards the payment of integrated tax;
(c) the State tax shall first be utilised towards payment of State tax and the amount remaining, if any, may be utilised towards the payment of integrated tax;
(d) the Union territory tax shall first be utilised towards payment of Union territory tax and the amount remaining, if any, may be utilised towards the payment of integrated tax;
(e) the central tax shall not be utilised towards payment of State tax or Union territory tax; and
(f) the State tax or Union territory tax shall not be utilised towards payment of central tax.
(6) The balance in the electronic cash ledger or electronic credit ledger after payment of tax, interest, penalty, fee or any other amount payable under this Act or the rules made thereunder may be refunded in accordance with the provisions of section 54.
(7) All liabilities of a taxable person under this Act shall be recorded and maintained in an electronic liability register in such manner as may be prescribed.
(8) Every taxable person shall discharge his tax and other dues under this Act or the rules made thereunder in the following order, namely: -
(a) self-assessed tax, and other dues related to returns of previous tax periods;
(b) self-assessed tax, and other dues related to the return of the current tax period;
(c) any other amount payable under this Act or the rules made thereunder including the demand determined under section 73 or section 74.
(9) Every person who has paid the tax on goods or services or both under this Act shall, unless the contrary is proved by him, be deemed to have passed on the full incidence of such tax to the recipient of such goods or services or both.
Explanation. - For the purposes of this section,
(a) the date of credit to the account of the Government in the authorised bank shall be deemed to be the date of deposit in the electronic cash ledger;
(b) the expression,-
(i) "tax dues" means the tax payable under this Act and does not include interest, fee and penalty; and
(ii) "other dues" means interest, penalty, fee or any other amount payable under this Act or the rules made thereunder.
### 50. Interest on delayed payment of tax.
(1) Every person who is liable to pay tax in accordance with the provisions of this Act or the rules made thereunder, but fails to pay the tax or any part thereof to the Government within the period prescribed, shall for the period for which the tax or any part thereof remains unpaid, pay, on his own, interest at such rate, not exceeding eighteen per cent., as may be notified by the Government on the recommendations of the Council.
(2) The interest under sub-section (1) shall be calculated, in such manner as may be prescribed, from the day succeeding the day on which such tax was due to be paid.
(3) A taxable person who makes an undue or excess claim of input tax credit under sub-section (10) of section 42 or undue or excess reduction in output tax liability under sub-section (10) of section 43, shall pay interest on such undue or excess claim or on such undue or excess reduction, as the case may be, at such rate not exceeding twenty-four per cent., as may be notified by the Government on the recommendations of the Council.
### 51. Tax deduction at source.
(1) Notwithstanding anything to the contrary contained in this Act, the Government may mandate,-
(a) a department or establishment of the Central Government or State Government; or
(b) local authority; or
(c) Governmental agencies; or
(d) such persons or category of persons as may be notified by the Government on the recommendations of the Council,
(hereafter in this section referred to as "the deductor"), to deduct tax at the rate of one per cent. from the payment made or credited to the supplier (hereafter in this section referred to as "the deductee") of taxable goods or services or both, where the total value of such supply, under a contract, exceeds two lakh and fifty thousand rupees:
Provided that no deduction shall be made if the location of the supplier and the place of supply is in a State or Union territory which is different from the State or, as the case may be, Union territory of registration of the recipient.
Explanation. - For the purpose of deduction of tax specified above, the value of supply shall be taken as the amount excluding the central tax, State tax, integrated tax and cess indicated in the invoice.
(2) The amount deducted as tax under this section shall be paid to the Government by the deductor within ten days after the end of the month in which such deduction is made, in such manner as may be prescribed.
(3) The deductor shall furnish to the deductee a certificate mentioning therein the contract value, rate of deduction, amount deducted, amount paid to the Government and such other particulars in such manner as may be prescribed.
(4) If any deductor fails to furnish to the deductee the certificate, after deducting the tax at source, within five days of crediting the amount so deducted to the Government, the deductor shall pay, by way of a late fee, a sum of one hundred rupees per day from the day after the expiry of such five day period until the failure is rectified, subject to a maximum amount of five thousand rupees.
(5) The deductee shall claim credit, in his electronic cash ledger, of the tax deducted and reflected in the return of the deductor furnished under sub-section (3) of section 39, in such manner as may be prescribed.
(6) If any deductor fails to pay to the Government the amount deducted as tax under sub-section (1), he shall pay interest in accordance with the provisions of sub-section (1) of section 50, in addition to the amount of tax deducted.
(7) The determination of the amount in default under this section shall be made in the manner specified in section 73 or section 74.
(8) The refund to the deductor or the deductee arising on account of excess or erroneous deduction shall be dealt with in accordance with the provisions of section 54:
Provided that no refund to the deductor shall be granted, if the amount deducted has been credited to the electronic cash ledger of the deductee.
### 52. Collection of tax at source.
(1) Notwithstanding anything to the contrary contained in this Act, every electronic commerce operator (hereafter in this section referred to as the "operator"), not being an agent, shall collect an amount calculated at such rate not exceeding one per cent., as may be notified by the Government on the recommendations of the Council, of the net value of taxable supplies made through it by other suppliers where the consideration with respect to such supplies is to be collected by the operator.
Explanation. - For the purposes of this sub-section, the expression "net value of taxable supplies" shall mean the aggregate value of taxable supplies of goods or services or both, other than services notified under sub-section (5) of section 9, made during any month by all registered persons through the operator reduced by the aggregate value of taxable supplies returned to the suppliers during the said month.
(2) The power to collect the amount specified in sub-section (1) shall be without prejudice to any other mode of recovery from the operator.
(3) The amount collected under sub-section (1) shall be paid to the Government by the operator within ten days after the end of the month in which such collection is made, in such manner as may be prescribed.
(4) Every operator who collects the amount specified in sub-section (1) shall furnish a statement, electronically, containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected under sub-section (1) during a month, in such form and manner as may be prescribed, within ten days after the end of such month.
(5) Every operator who collects the amount specified in sub-section (1) shall furnish an annual statement, electronically, containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected under the said sub-section during the financial year, in such form and manner as may be prescribed, before the thirty first day of December following the end of such financial year.
(6) If any operator after furnishing a statement under sub-section (4) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars in the statement to be furnished for the month during which such omission or incorrect particulars are noticed, subject to payment of interest, as specified in sub-section (1) of section 50:
Provided that no such rectification of any omission or incorrect particulars shall be allowed after the due date for furnishing of statement for the month of September following the end of the financial year or the actual date of furnishing of the relevant annual statement, whichever is earlier.
(7) The supplier who has supplied the goods or services or both through the operator shall claim credit, in his electronic cash ledger, of the amount collected and reflected in the statement of the operator furnished under sub-section (4), in such manner as may be prescribed.
(8) The details of supplies furnished by every operator under sub-section (4) shall be matched with the corresponding details of outward supplies furnished by the concerned supplier registered under this Act in such manner and within such time as may be prescribed.
(9) Where the details of outward supplies furnished by the operator under sub-section (4) do not match with the corresponding details furnished by the supplier under section 37, the discrepancy shall be communicated to both persons in such manner and within such time as may be prescribed.
(10) The amount in respect of which any discrepancy is communicated under sub-section (9) and which is not rectified by the supplier in his valid return or the operator in his statement for the month in which discrepancy is communicated, shall be added to the output tax liability of the said supplier, where the value of outward supplies furnished by the operator is more than the value of outward supplies furnished by the supplier, in his return for the month succeeding the month in which the discrepancy is communicated in such manner as may be prescribed.
(11) The concerned supplier, in whose output tax liability any amount has been added under sub-section (10), shall pay the tax payable in respect of such supply along with interest, at the rate specified under sub-section (1) of section 50 on the amount so added from the date such tax was due till the date of its payment.
(12) Any authority not below the rank of Deputy Commissioner may serve a notice, either before or during the course of any proceedings under this Act, requiring the operator to furnish such details relating to -
(a) supplies of goods or services or both effected through such operator during any period; or
(b) stock of goods held by the suppliers making supplies through such operator in the godowns or warehouses, by whatever name called, managed by such operator and declared as additional places of business by such suppliers,
as may be specified in the notice.
(13) Every operator on whom a notice has been served under sub-section (12) shall furnish the required information within fifteen working days of the date of service of such notice.
(14) Any person who fails to furnish the information required by the notice served under subsection (12) shall, without prejudice to any action that may be taken under section 122, be liable to a penalty which may extend to twenty-five thousand rupees.
Explanation. - For the purposes of this section, the expression "concerned supplier" shall mean the supplier of goods or services or both making supplies through the operator.
### 53. Transfer of input tax credit.
- On utilisation of input tax credit availed under this Act for payment of tax dues under the Integrated Goods and Services Tax Act in accordance with the provisions of sub-section (5) of section 49, as reflected in the valid return furnished under sub-section (1) of section 39, the amount collected as State tax shall stand reduced by an amount equal to such credit so utilised and the State Government shall transfer an amount equal to the amount so reduced from the State tax account to the integrated tax account in such manner and within such time as may be prescribed.
Chapter Xi
Refunds
-----------------------
### 54. Refund of tax.
(1) Any person claiming refund of any tax and interest, if any, paid on such tax or any other amount paid by him, may make an application before the expiry of two years from the relevant date in such form and manner as may be prescribed:
Provided that a registered person, claiming refund of any balance in the electronic cash ledger in accordance with the provisions of sub-section (6) of section 49, may claim such refund in the return furnished under section 39 in such manner as may be prescribed.
(2) A specialized agency of the United Nations Organization or any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947, Consulate or Embassy of foreign countries or any other person or class of persons, as notified under section 55, entitled to a refund of tax paid by it on inward supplies of goods or services or both, may make an application for such refund, in such form and manner as may be prescribed, before the expiry of six months from the last day of the quarter in which such supply was received.
(3) Subject to the provisions of sub-section (10), a registered person may claim refund of any unutilised input tax credit at the end of any tax period:
Provided that no refund of unutilised input tax credit shall be allowed in cases other than-
(i) zero-rated supplies made without payment of tax;
(ii) where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies (other than nil rated or fully exempt supplies), except supplies of goods or services or both as may be notified by the Government on the recommendations of the Council:
Provided further that no refund of unutilised input tax credit shall be allowed in cases where the goods exported out of India are subjected to export duty:
Provided also that no refund of input tax credit shall be allowed, if the supplier of goods or services or both claims refund of the integrated tax paid on such supplies.
(4) The application shall be accompanied by -
(a) such documentary evidence as may be prescribed to establish that a refund is due to the applicant; and
(b) such documentary or other evidence (including the documents referred to in section 33) as the applicant may furnish to establish that the amount of tax and interest, if any, paid on such tax or any other amount paid in relation to which such refund is claimed was collected from, or paid by, him and the incidence of such tax and interest had not been passed on to any other person:
Provided that where the amount claimed as refund is less than two lakh rupees, it shall not be necessary for the applicant to furnish any documentary and other evidences but he may file a declaration, based on the documentary or other evidences available with him, certifying that the incidence of such tax and interest had not been passed on to any other person.
(5) If, on receipt of any such application, the proper officer is satisfied that the whole or part of the amount claimed as refund is refundable, he may make an order accordingly and the amount so determined shall be credited to the Fund referred to in section 57.
(6) Notwithstanding anything contained in subsection (5), the proper officer may, in the case of any claim for refund on account of zero-rated supply of goods or services or both made by registered persons, other than such category of registered persons as may be notified by the Government on the recommendations of the Council, refund on a provisional basis, ninety per cent. of the total amount so claimed, excluding the amount of input tax credit provisionally accepted, in such manner and subject to such conditions, limitations and safeguards as may be prescribed and thereafter make an order under sub-section (5) for final settlement of the refund claim after due verification of documents furnished by the applicant.
(7) The proper officer shall issue the order under sub-section (5) within sixty days from the date of receipt of application complete in all respects.
(8) Notwithstanding anything contained in subsection (5), the refundable amount shall, instead of being credited to the Fund, be paid to the applicant, if such amount is relatable to -
(a) refund of tax paid on zero-rated supplies of goods or services or both or on inputs or input services used in making such zero-rated supplies;
(b) refund of unutilised input tax credit under sub-section (3);
(c) refund of tax paid on a supply which is not provided, either wholly or partially, and for which invoice has not been issued, or where a refund voucher has been issued;
(d) refund of tax in pursuance of section 77;
(e) the tax and interest, if any, or any other amount paid by the applicant, if he had not passed on the incidence of such tax and interest to any other person; or
(f) the tax or interest borne by such other class of applicants as the Government may, on the recommendations of the Council, by notification, specify.
(9) Notwithstanding anything to the contrary contained in any judgment, decree, order or direction of the Appellate Tribunal or any court or in any other provisions of this Act or the rules made thereunder or in any other law for the time being in force, no refund shall be made except in accordance with the provisions of sub-section (8).
(10) Where any refund is due under sub-section (3) to a registered person who has defaulted in furnishing any return or who is required to pay any tax, interest or penalty, which has not been stayed by any court, Tribunal or Appellate Authority by the specified date, the proper officer may -
(a) withhold payment of refund due until the said person has furnished the return or paid the tax, interest or penalty, as the case may be;
(b) deduct from the refund due, any tax, interest, penalty, fee or any other amount which the taxable person is liable to pay but which remains unpaid under this Act or under the existing law.
Explanation. - For the purposes of this subsection, the expression "specified date" shall mean the last date for filing an appeal under this Act.
(11) Where an order giving rise to a refund is the subject matter of an appeal or further proceedings or where any other proceedings under this Act is pending and the Commissioner is of the opinion that grant of such refund is likely to adversely affect the revenue in the said appeal or other proceedings on account of malfeasance or fraud committed, he may, after giving the taxable person an opportunity of being heard, withhold the refund till such time as he may determine.
(12) Where a refund is withheld under subsection (11), the taxable person shall, notwithstanding anything contained in section 56, be entitled to interest at such rate not exceeding six per cent. as may be notified on the recommendations of the Council, if as a result of the appeal or further proceedings he becomes entitled to refund.
(13) Notwithstanding anything to the contrary contained in this section, the amount of advance tax deposited by a casual taxable person or a non-resident taxable person under sub-section (2) of section 27, shall not be refunded unless such person has, in respect of the entire period for which the certificate of registration granted to him had remained in force, furnished all the returns required under section 39.
(14) Notwithstanding anything contained in this section, no refund under sub-section (5) or sub-section (6) shall be paid to an applicant, if the amount is less than one thousand rupees.
Explanation. - For the purposes of this section, -
(1) "refund" includes refund of tax paid on zero-rated supplies of goods or services or both or on inputs or input services used in making such zero-rated supplies, or refund of tax on the supply of goods regarded as deemed exports, or refund of unutilised input tax credit as provided under sub-section (3).
(2) "relevant date" means -
(a) in the case of goods exported out of India where a refund of tax paid is available in respect of goods themselves or, as the case may be, the inputs or input services used in such goods, -
(i) if the goods are exported by sea or air, the date on which the ship or the aircraft in which such goods are loaded, leaves India; or
(ii) if the goods are exported by land, the date on which such goods pass the frontier; or
(iii) if the goods are exported by post, the date of despatch of goods by the Post Office concerned to a place outside India;
(b) in the case of supply of goods regarded as deemed exports where a refund of tax paid is available in respect of the goods, the date on which the return relating to such deemed exports is furnished;
(c) in the case of services exported out of India where a refund of tax paid is available in respect of services themselves or, as the case may be, the inputs or input services used in such services, the date of -
(i) receipt of payment in convertible foreign exchange, where the supply of services had been completed prior to the receipt of such payment; or
(ii) issue of invoice, where payment for the services had been received in advance prior to the date of issue of the invoice;
(d) in case where the tax becomes refundable as a consequence of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any court, the date of communication of such judgment, decree, order or direction;
(e) in the case of refund of unutilised input tax credit under sub-section (3), the end of the financial year in which such claim for refund arises;
(f) in the case where tax is paid provisionally under this Act or the rules made thereunder, the date of adjustment of tax after the final assessment thereof;
(g) in the case of a person, other than the supplier, the date of receipt of goods or services or both by such person; and
(h) in any other case, the date of payment of tax.
### 55. Refund in certain cases.
- The Government may, on the recommendations of the Council, by notification, specify any specialized agency of the United Nations Organization or any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947, Consulate or Embassy of foreign countries and any other person or class of persons as may be specified in this behalf, who shall, subject to such conditions and restrictions as may be prescribed, be entitled to claim a refund of taxes paid on the notified supplies of goods or services or both received by them.
### 56. Interest on delayed refunds.
- If any tax ordered to be refunded under sub-section (5) of section 54 to any applicant is not refunded within sixty days from the date of receipt of application under sub-section (1) of that section, interest at such rate not exceeding six per cent. as may be specified in the notification issued by the Government on the recommendations of the Council shall be payable in respect of such refund from the date immediately after the expiry of sixty days from the date of receipt of application under the said sub-section till the date of refund of such tax:
Provided that where any claim of refund arises from an order passed by an adjudicating authority or Appellate Authority or Appellate Tribunal or court which has attained finality and the same is not refunded within sixty days from the date of receipt of application filed consequent to such order, interest at such rate not exceeding nine per cent. as may be notified by the Government on the recommendations of the Council shall be payable in respect of such refund from the date immediately after the expiry of sixty days from the date of receipt of application till the date of refund.
Explanation. - For the purposes of this section, where any order of refund is made by an Appellate Authority, Appellate Tribunal or any court against an order of the proper officer under sub-section (5) of section 54, the order passed by the Appellate Authority, Appellate Tribunal or by the court shall be deemed to be an order passed under the said sub-section (5).
### 57. Consumer Welfare Fund.
- The Government shall constitute a Fund, to be called the Consumer Welfare Fund and there shall be credited to the Fund, -
(a) the amount referred to in sub-section (5) of section 54;
(b) any income from investment of the amount credited to the Fund; and
(c) such other monies received by it, in such manner as may be prescribed.
### 58. Utilisation of Fund.
(1) All sums credited to the Fund shall be utilised by the Government for the welfare of the consumers in such manner as may be prescribed.
(2) The Government or the authority specified by it shall maintain proper and separate account and other relevant records in relation to the Fund and prepare an annual statement of accounts in such form as may be prescribed in consultation with the Comptroller and Auditor General of India.
Chapter XII
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Assessment
### 59. Self-assessment.
- Every registered person shall self-assess the taxes payable under this Act and furnish a return for each tax period as specified under section 39.
### 60. Provisional assessment.
(1) Subject to the provisions of sub-section (2), where the taxable person is unable to determine the value of goods or services or both or determine the rate of tax applicable thereto, he may request the proper officer in writing giving reasons for payment of tax on a provisional basis and the proper officer shall pass an order, within a period not later than ninety days from the date of receipt of such request, allowing payment of tax on provisional basis at such rate or on such value as may be specified by him.
(2) The payment of tax on provisional basis may be allowed, if the taxable person executes a bond in such form as may be prescribed, and with such surety or security as the proper officer may deem fit, binding the taxable person for payment of the difference between the amount of tax as may be finally assessed and the amount of tax provisionally assessed.
(3) The proper officer shall, within a period not exceeding six months from the date of the communication of the order issued under sub-section (1), pass the final assessment order after taking into account such information as may be required for finalizing the assessment:
Provided that the period specified in this subsection may, on sufficient cause being shown and for reasons to be recorded in writing, be extended by the Joint Commissioner or Additional Commissioner for a further period not exceeding six months and by the Commissioner for such further period not exceeding four years.
(4) The registered person shall be liable to pay interest on any tax payable on the supply of goods or services or both under provisional assessment but not paid on the due date specified under sub-section (7) of section 39 or the rules made thereunder, at the rate specified under sub-section (1) of section 50, from the first day after the due date of payment of tax in respect of the said supply of goods or services or both till the date of actual payment, whether such amount is paid before or after the issuance of order for final assessment.
(5) Where the registered person is entitled to a refund consequent to the order of final assessment under sub-section (3), subject to the provisions of sub-section (8) of section 54, interest shall be paid on such refund as provided in section 56.
### 61. Scrutiny of returns.
(1) The proper officer may scrutinize the return and related particulars furnished by the registered person to verify the correctness of the return and inform him of the discrepancies noticed, if any, in such manner as may be prescribed and seek his explanation thereto.
(2) In case the explanation is found acceptable, the registered person shall be informed accordingly and no further action shall be taken in this regard.
(3) In case no satisfactory explanation is furnished within a period of thirty days of being informed by the proper officer or such further period as may be permitted by him or where the registered person, after accepting the discrepancies, fails to take the corrective measure in his return for the month in which the discrepancy is accepted, the proper officer may initiate appropriate action including those under section 65 or section 66 or section 67, or proceed to determine the tax and other dues under section 73 or section 74.
### 62. Assessment of no-filers of returns.
(1) Notwithstanding anything to the contrary contained in section 73 or section 74, where a registered person fails to furnish the return under section 39 or section 45, even after the service of a notice under section 46, the proper officer may proceed to assess the tax liability of the said person to the best of his judgement taking into account all the relevant material which is available or which he has gathered and issue an assessment order within a period of five years from the date specified under section 44 for furnishing of the annual return for the financial year to which the tax not paid relates.
(2) Where the registered person furnishes a valid return within thirty days of the service of the assessment order under sub-section (1), the said assessment order shall be deemed to have been withdrawn but the liability for payment of interest under sub-section (1) of section 50 or for payment of late fee under section 47 shall continue.
### 63. Assessment of unregistered persons.
- Notwithstanding anything to the contrary contained in section 73 or section 74, where a taxable person fails to obtain registration even though liable to do so or whose registration has been cancelled under sub-section (2) of section 29 but who was liable to pay tax, the proper officer may proceed to assess the tax liability of such taxable person to the best of his judgement for the relevant tax periods and issue an assessment order within a period of five years from the date specified under section 44 for furnishing of the annual return for the financial year to which the tax not paid relates:
Provided that no such assessment order shall be passed without giving the person an opportunity of being heard.
### 64. Summary assessment in certain special cases.
(1) The proper officer may, on any evidence showing a tax liability of a person coming to his notice, with the previous permission of Additional Commissioner or Joint Commissioner, proceed to assess the tax liability of such person to protect the interest of revenue and issue an assessment order, if he has sufficient grounds to believe that any delay in doing so may adversely affect the interest of revenue:
Provided that where the taxable person to whom the liability pertains is not ascertainable and such liability pertains to supply of goods, the person in charge of such goods shall be deemed to be the taxable person liable to be assessed and liable to pay tax and any other amount due under this section.
(2) On an application made by the taxable person within thirty days from the date of receipt of order passed under sub-section (1) or on his own motion, if the Additional Commissioner or Joint Commissioner considers that such order is erroneous, he may withdraw such order and follow the procedure laid down in section 73 or section 74.
Chapter XIII
Audit
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### 65. Audit by tax authorities.
(1) The Commissioner or any officer authorised by him, by way of a general or a specific order, may undertake audit of any registered person for such period, at such frequency and in such manner as may be prescribed.
(2) The officers referred to in sub-section (1) may conduct audit at the place of business of the registered person or in their office.
(3) The registered person shall be informed by way of a notice not less than fifteen working days prior to the conduct of audit in such manner as may be prescribed.
(4) The audit under sub-section (1) shall be completed within a period of three months from the date of commencement of the audit:
Provided that where the Commissioner is satisfied that audit in respect of such registered person cannot be completed within three months, he may, for the reasons to be recorded in writing, extend the period by a further period not exceeding six months.
Explanation. - For the purposes of this subsection, the expression "commencement of audit" shall mean the date on which the records and other documents, called for by the tax authorities, are made available by the registered person or the actual institution of audit at the place of business, whichever is later.
(5) During the course of audit, the authorised officer may require the registered person, -
(i) to afford him the necessary facility to verify the books of account or other documents as he may require;
(ii) to furnish such information as he may require and render assistance for timely completion of the audit.
(6) On conclusion of audit, the proper officer shall, within thirty days, inform the registered person, whose records are audited, about the findings, his rights and obligations and the reasons for such findings.
(7) Where the audit conducted under sub-section (1) results in detection of tax not paid or short paid or erroneously refunded, or input tax credit wrongly availed or utilised, the proper officer may initiate action under section 73 or section 74.
### 66. Special audit.
(1) If at any stage of scrutiny, inquiry, investigation or any other proceedings before him, any officer not below the rank of Assistant Commissioner, having regard to the nature and complexity of the case and the interest of revenue, is of the opinion that the value has not been correctly declared or the credit availed is not within the normal limits, he may, with the prior approval of the Commissioner, direct such registered person by a communication in writing to get his records including books of account examined and audited by a chartered accountant or a cost accountant as may be nominated by the Commissioner.
(2) The chartered accountant or cost accountant so nominated shall, within the period of ninety days, submit a report of such audit duly signed and certified by him to the said Assistant Commissioner mentioning therein such other particulars as may be specified:
Provided that the Assistant Commissioner may, on an application made to him in this behalf by the registered person or the chartered accountant or cost accountant or for any material and sufficient reason, extend the said period by a further period of ninety days.
(3) The provisions of sub-section (1) shall have effect notwithstanding that the accounts of the registered person have been audited under any other provisions of this Act or any other law for the time being in force.
(4) The registered person shall be given an opportunity of being heard in respect of any material gathered on the basis of special audit under subsection (1) which is proposed to be used in any proceedings against him under this Act or the rules made thereunder.
(5) The expenses of the examination and audit of records under sub-section (1), including the remuneration of such chartered accountant or cost accountant, shall be determined and paid by the Commissioner and such determination shall be final.
(6) Where the special audit conducted under subsection (1) results in detection of tax not paid or short paid or erroneously refunded, or input tax credit wrongly availed or utilised, the proper officer may initiate action under section 73 or section 74.
Chapter XIV
Inspection, Search, Seizure and Arrest
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### 67. Power of inspection, search and seizure.
(1) Where the proper officer, not below the rank of Joint Commissioner, has reasons to believe that -
(a) a taxable person has suppressed any transaction relating to supply of goods or services or both or the stock of goods in hand, or has claimed input tax credit in excess of his entitlement under this Act or has indulged in contravention of any of the provisions of this Act or the rules made thereunder to evade tax under this Act; or
(b) any person engaged in the business of transporting goods or an owner or operator of a warehouse or a godown or any other place is keeping goods which have escaped payment of tax or has kept his accounts or goods in such a manner as is likely to cause evasion of tax payable under this Act,
he may authorise in writing any other officer of State tax to inspect any places of business of the taxable person or the persons engaged in the business of transporting goods or the owner or the operator of warehouse or godown or any other place.
(2) Where the proper officer, not below the rank of Joint Commissioner, either pursuant to an inspection carried out under sub-section (1) or otherwise, has reasons to believe that any goods liable to confiscation or any documents or books or things, which in his opinion shall be useful for or relevant to any proceedings under this Act, are secreted in any place, he may authorise in writing any other officer of State tax to search and seize or may himself search and seize such goods, documents or books or things:
Provided that where it is not practicable to seize any such goods, the proper officer, or any officer authorised by him, may serve on the owner or the custodian of the goods an order that he shall not remove, part with, or otherwise deal with the goods except with the previous permission of such officer:
Provided further that the documents or books or things so seized shall be retained by such officer only for so long as may be necessary for their examination and for any inquiry or proceedings under this Act.
(3) The documents, books or things referred to in sub-section (2) or any other documents, books or things produced by a taxable person or any other person, which have not been relied upon for the issue of notice under this Act or the rules made thereunder, shall be returned to such person within a period not exceeding thirty days of the issue of the said notice.
(4) The officer authorised under sub-section (2) shall have the power to seal or break open the door of any premises or to break open any almirah, electronic devices, box, receptacle in which any goods, accounts, registers or documents of the person are suspected to be concealed, where access to such premises, almirah, electronic devices, box or receptacle is denied.
(5) The person from whose custody any documents are seized under sub-section (2) shall be entitled to make copies thereof or take extracts therefrom in the presence of an authorised officer at such place and time as such officer may indicate in this behalf except where making such copies or taking such extracts may, in the opinion of the proper officer, prejudicially affect the investigation.
(6) The goods so seized under sub-section (2) shall be released, on a provisional basis, upon execution of a bond and furnishing of a security, in such manner and of such quantum, respectively, as may be prescribed or on payment of applicable tax, interest and penalty payable, as the case may be.
(7) Where any goods are seized under sub-section (2) and no notice in respect thereof is given within six months of the seizure of the goods, the goods shall be returned to the person from whose possession they were seized:
Provided that the period of six months may, on sufficient cause being shown, be extended by the proper officer for a further period not exceeding six months.
(8) The Government may, having regard to the perishable or hazardous nature of any goods, depreciation in the value of the goods with the passage of time, constraints of storage space for the goods or any other relevant considerations, by notification, specify the goods or class of goods which shall, as soon as may be after its seizure under sub-section (2), be disposed of by the proper officer in such manner as may be prescribed.
(9) Where any goods, being goods specified under sub-section (8), have been seized by a proper officer, or any officer authorised by him under sub-section (2), he shall prepare an inventory of such goods in such manner as may be prescribed.
(10) The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure, shall, so far as may be, apply to search and seizure under this section subject to the modification that sub-section (5) of section 165 of the said Code shall have effect as if for the word "Magistrate", wherever it occurs, the word "Commissioner" were substituted.
(11) Where the proper officer has reasons to believe that any person has evaded or is attempting to evade the payment of any tax, he may, for reasons to be recorded in writing, seize the accounts, registers or documents of such person produced before him and shall grant a receipt for the same, and shall retain the same for so long as may be necessary in connection with any proceedings under this Act or the rules made thereunder for prosecution.
(12) The Commissioner or an officer authorised by him may cause purchase of any goods or services or both by any person authorised by him from the business premises of any taxable person, to check the issue of tax invoices or bills of supply by such taxable person, and on return of goods so purchased by such officer, such taxable person or any person in charge of the business premises shall refund the amount so paid towards the goods after cancelling any tax invoice or bill of supply issued earlier.
### 68. Inspection of goods in movement.
(1) The Government may require the person in charge of a conveyance carrying any consignment of goods of value exceeding such amount as may be specified to carry with him such documents and such devices as may be prescribed.
(2) The details of documents required to be carried under sub-section (1) shall be validated in such manner as may be prescribed.
(3) Where any conveyance referred to in subsection (1) is intercepted by the proper officer at any place, he may require the person in charge of the said conveyance to produce the documents prescribed under the said sub-section and devices for verification, and the said person shall be liable to produce the documents and devices and also allow the inspection of goods.
### 69. Power to arrest.
(1) Where the Commissioner has reasons to believe that a person has committed any offence specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) of section 132 which is punishable under clause (i) or clause (ii) of sub-section (1), or sub-section (2) of the said section, he may, by order, authorise any officer of State tax to arrest such person.
(2) Where a person is arrested under sub-section (1) for an offence specified under sub-section (5) of section 132, the officer authorised to arrest the person shall inform such person of the grounds of arrest and produce him before a Magistrate within twenty four hours.
(3) Subject to the provisions of the Code of Criminal Procedure, 1973, -
(a) where a person is arrested under sub-section (1) for any offence specified under sub-section (4) of section 132, he shall be admitted to bail or in default of bail, forwarded to the custody of the Magistrate;
(b) in the case of a non-cognizable and bailable offence, the Deputy Commissioner or the Assistant Commissioner shall, for the purpose of releasing an arrested person on bail or otherwise, have the same powers and be subject to the same provisions as an officer-in-charge of a police station.
### 70. Power to summon persons to give evidence and produce documents.
(1) The proper officer under this Act shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry in the same manner, as provided in the case of a civil court under the provisions of the Code of Civil Procedure, 1908.
(2) Every such inquiry referred to in sub-section (1) shall be deemed to be a "judicial proceedings" within the meaning of section 193 and section 228 of the Indian Penal Code.
### 71. Access to business premises.
(1) Any officer under this Act, authorised by the proper officer not below the rank of Joint Commissioner, shall have access to any place of business of a registered person to inspect books of account, documents, computers, computer programs, computer software whether installed in a computer or otherwise and such other things as he may require and which may be available at such place, for the purposes of carrying out any audit, scrutiny, verification and checks as may be necessary to safeguard the interest of revenue.
(2) Every person in charge of place referred to in sub-section (1) shall, on demand, make available to the officer authorised under sub-section (1) or the audit party deputed by the proper officer or a cost accountant or chartered accountant nominated under section 66 -
(i) such records as prepared or maintained by the registered person and declared to the proper officer in such manner as may be prescribed;
(ii) trial balance or its equivalent;
(iii) statements of annual financial accounts, duly audited, wherever required;
(iv) cost audit report, if any, under section 148 of the Companies Act, 2013;
(v) the income-tax audit report, if any, under section 44AB of the Income-tax Act, 1961; and
(vi) any other relevant record, for the scrutiny by the officer or audit party or the chartered accountant or cost accountant within a period not exceeding fifteen working days from the day when such demand is made, or such further period as may be allowed by the said officer or the audit party or the chartered accountant or cost accountant.
### 72. Officers to assist proper officers.
(1) All officers of Police, Railways, Customs, and those officers engaged in the collection of land revenue, including village officers, officers of central tax and officers of the Union territory tax shall assist the proper officers in the implementation of this Act.
(2) The Government may, by notification, empower and require any other class of officers to assist the proper officers in the implementation of this Act when called upon to do so by the Commissioner.
Chapter XV
Demands and Recovery
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### 73. Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilfulmisstatement or suppression of facts.
(1) Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised for any reason, other than the reason of fraud or any wilful misstatement or suppression of facts to evade tax, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under section 50 and a penalty leviable under the provisions of this Act or the rules made thereunder.
(2) The proper officer shall issue the notice under sub-section (1) at least three months prior to the time limit specified in sub-section (10) for issuance of order.
(3) Where a notice has been issued for any period under sub-section (1), the proper officer may serve a statement, containing the details of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for such periods other than those covered under sub-section (1), on the person chargeable with tax.
(4) The service of such statement shall be deemed to be service of notice on such person under sub-section (1), subject to the condition that the grounds relied upon for such tax periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice.
(5) The person chargeable with tax may, before service of notice under sub-section (1) or, as the case may be, the statement under sub-section (3), pay the amount of tax along with interest payable thereon under section 50 on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment.
(6) The proper officer, on receipt of such information, shall not serve any notice under subsection (1) or, as the case may be, the statement under sub-section (3), in respect of the tax so paid or any penalty payable under the provisions of this Act or the rules made thereunder.
(7) Where the proper officer is of the opinion that the amount paid under sub-section (5) falls short of the amount actually payable, he shall proceed to issue the notice as provided for in sub-section (1) in respect of such amount which falls short of the amount actually payable.
(8) Where any person chargeable with tax under sub-section (1) or sub-section (3) pays the said tax along with interest payable under section 50 within thirty days of issue of show cause notice, no penalty shall be payable and all proceedings in respect of the said notice shall be deemed to be concluded.
(9) The proper officer shall, after considering the representation, if any, made by person chargeable with tax, determine the amount of tax, interest and a penalty equivalent to ten per cent. of tax or ten thousand rupees, whichever is higher, due from such person and issue an order.
(10) The proper officer shall issue the order under sub-section (9) within three years from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilised relates to or within three years from the date of erroneous refund.
(11) Notwithstanding anything contained in sub-section (6) or sub-section (8), penalty under sub-section (9) shall be payable where any amount of self-assessed tax or any amount collected as tax has not been paid within a period of thirty days from the due date of payment of such tax.
### 74. Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful-misstatement or suppression of facts.
(1) Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilised by reason of fraud, or any wilful misstatement or suppression of facts to evade tax, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under section 50 and a penalty equivalent to the tax specified in the notice.
(2) The proper officer shall issue the notice under sub-section (1) at least six months prior to the time limit specified in sub-section (10) for issuance of order.
(3) Where a notice has been issued for any period under sub-section (1), the proper officer may serve a statement, containing the details of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for such periods other than those covered under sub-section (1), on the person chargeable with tax.
(4) The service of statement under sub-section (3) shall be deemed to b e service of not ice under sub-section (1) of section 73, subject to the condition that the grounds relied upon in the said statement, except the ground of fraud, or any wilful-misstatement or suppression of facts to evade tax, for periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice.
(5) The person chargeable with tax may, before service of notice under sub-section (1), pay the amount of tax along with interest payable under section 50 and a penalty equivalent to fifteen per cent. of such tax on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment.
(6) The proper officer, on receipt of such information, shall not serve any notice under subsection (1), in respect of the tax so paid or any penalty payable under the provisions of this Act or the rules made thereunder.
(7) Where the proper officer is of the opinion that the amount paid under sub-section (5) falls short of the amount actually payable, he shall proceed to issue the notice as provided for in sub-section (1) in respect of such amount which falls short of the amount actually payable.
(8) Where any person chargeable with tax under sub-section (1) pays the said tax along with interest payable under section 50 and a penalty equivalent to twenty five per cent. of such tax within thirty days of issue of the notice, all proceedings in respect of the said notice shall be deemed to be concluded.
(9) The proper officer shall, after considering the representation, if any, made by the person chargeable with tax, determine the amount of tax, interest and penalty due from such person and issue an order.
(10) The proper officer shall issue the order under sub-section (9) within a period of five years from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilised relates to or within five years from the date of erroneous refund.
(11) Where any person served with an order issued under sub-section (9) pays the tax along with interest payable thereon under section 50 and a penalty equivalent to fifty per cent. of such tax within thirty days of communication of the order, all proceedings in respect of the said notice shall be deemed to be concluded.
Explanation 1. - For the purposes of section 73 and this section, -
(i) the expression "all proceedings in respect of the said notice" shall not include proceedings under section 132;
(ii) where the notice under the same proceedings is issued to the main person liable to pay tax and some other persons, and such proceedings against the main person have been concluded under section 73 or section 74, the proceedings against all the persons liable to pay penalty under sections 122, 125, 129 and 130 are deemed to be concluded.
Explanation 2. - For the purposes of this Act, the expression "suppression" shall mean non-declaration of facts or information which a taxable person is required to declare in the return, statement, report or any other document furnished under this Act or the rules made thereunder, or failure to furnish any information on being asked for, in writing, by the proper officer.
### 75. General provisions relating to determination of tax.
(1) Where the service of notice or issuance of order is stayed by an order of a court or Appellate Tribunal, the period of such stay shall be excluded in computing the period specified in sub-sections (2) and (10) of section 73 or sub-sections (2) and (10) of section 74, as the case may be.
(2) Where any Appellate Authority or Appellate Tribunal or court concludes that the notice issued under sub-section (1) of section 74 is not sustainable for the reason that the charges of fraud or any wilful misstatement or suppression of facts to evade tax has not been established against the person to whom the notice was issued, the proper officer shall determine the tax payable by such person, deeming as if the notice were issued under sub-section (1) of section 73.
(3) Where any order is required to be issued in pursuance of the direction of the Appellate Authority or Appellate Tribunal or a court, such order shall be issued within two years from the date of communication of the said direction.
(4) An opportunity of hearing shall be granted where a request is received in writing from the person chargeable with tax or penalty, or where any adverse decision is contemplated against such person.
(5) The proper officer shall, if sufficient cause is shown by the person chargeable with tax, grant time to the said person and adjourn the hearing for reasons to be recorded in writing:
Provided that no such adjournment shall be granted for more than three times to a person during the proceedings.
(6) The proper officer, in his order, shall set out the relevant facts and the basis of his decision.
(7) The amount of tax, interest and penalty demanded in the order shall not be in excess of the amount specified in the notice and no demand shall be confirmed on the grounds other than the grounds specified in the notice.
(8) Where the Appellate Authority or Appellate Tribunal or court modifies the amount of tax determined by the proper officer, the amount of interest and penalty shall stand modified accordingly, taking into account the amount of tax so modified.
(9) The interest on the tax short paid or not paid shall be payable whether or not specified in the order determining the tax liability.
(10) The adjudication proceedings shall be deemed to be concluded, if the order is not issued within three years as provided for in sub-section (10) of section 73 or within five years as provided for in sub-section (10) of section 74.
(11) An issue on which the Appellate Authority or the Appellate Tribunal or the High Court has given its decision which is prejudicial to the interest of revenue in some other proceedings and an appeal to the Appellate Tribunal or the High Court or the Supreme Court against such decision of the Appellate Authority or the Appellate Tribunal or the High Court is pending, the period spent between the date of the decision of the Appellate Authority and that of the Appellate Tribunal or the date of decision of the Appellate Tribunal and that of the High Court or the date of the decision of the High Court and that of the Supreme Court shall be excluded in computing the period refer red to in sub-sect ion (10) of sect ion 73 or sub-section (10) of section 74 where proceedings are initiated by way of issue of a show cause notice under the said sections.
(12) Notwithstanding anything contained in section 73 or section 74, where any amount of self-assessed tax in accordance with a return furnished under section 39 remains unpaid, either wholly or partly, or any amount of interest payable on such tax remains unpaid, the same shall be recovered under the provisions of section 79.
(13) Where any penalty is imposed under section 73 or section 74, no penalty for the same act or omission shall be imposed on the same person under any other provision of this Act.
### 76. Tax collected but not paid to Government.
(1) Notwithstanding anything to the contrary contained in any order or direction of any Appellate Authority or Appellate Tribunal or court or in any other provisions of this Act or the rules made thereunder or any other law for the time being in force, every person who has collected from any other person any amount as representing the tax under this Act, and has not paid the said amount to the Government, shall forthwith pay the said amount to the Government, irrespective of whether the supplies in respect of which such amount was collected are taxable or not.
(2) Where any amount is required to be paid to the Government under sub-section (1), and which has not been so paid, the proper officer may serve on the person liable to pay such amount a notice requiring him to show cause as to why the said amount as specified in the notice, should not be paid by him to the Government and why a penalty equivalent to the amount specified in the notice should not be imposed on him under the provisions of this Act.
(3) The proper officer shall, after considering the representation, if any, made by the person on whom the notice is served under sub-section (2), determine the amount due from such person and thereupon such person shall pay the amount so determined.
(4) The person referred to in sub-section (1) shall in addition to paying the amount referred to in sub-section (1) or sub-section (3) also be liable to pay interest thereon at the rate specified under section 50 from the date such amount was collected by him to the date such amount is paid by him to the Government.
(5) An opportunity of hearing shall be granted where a request is received in writing from the person to whom the notice was issued to show cause.
(6) The proper officer shall issue an order within one year from the date of issue of the notice.
(7) Where the issuance of order is stayed by an order of the court or Appellate Tribunal, the period of such stay shall be excluded in computing the period of one year.
(8) The proper officer, in his order, shall set out the relevant facts and the basis of his decision.
(9) The amount paid to the Government under sub-section (1) or sub-section (3) shall be adjusted against the tax payable, if any, by the person in relation to the supplies referred to in sub-section (1).
(10) Where any surplus is left after the adjustment under sub-section (9), the amount of such surplus shall either be credited to the Fund or refunded to the person who has borne the incidence of such amount.
(11) The person who has borne the incidence of the amount, may apply for the refund of the same in accordance with the provisions of section 54.
### 77. Tax wrongfully collected and paid to Central Government or State Government.
(1) A registered person who has paid the central tax and State tax on a transaction considered by him to be an intra-State supply, but which is subsequently held to be an inter-State supply, shall be refunded the amount of taxes so paid in such manner and subject to such conditions as may be prescribed.
(2) A registered person who has paid integrated tax on a transaction considered by him to be an inter-State supply, but which is subsequently held to be an intra-State supply, shall not be required to pay any interest on the amount of State tax payable.
### 78. Initiation of recovery proceeings.
- Any amount payable by a taxable person in pursuance of an order passed under this Act shall be paid by such person within a period of three months from the date of service of such order failing which recovery proceedings shall be initiated:
Provided that where the proper officer considers it expedient in the interest of revenue, he may, for reasons to be recorded in writing, require the said taxable person to make such payment within such period less than a period of three months as may be specified by him.
### 79. Recovery of tax.
(1) Where any amount payable by a person to the Government under any of the provisions of this Act or the rules made thereunder is not paid, the proper officer shall proceed to recover the amount by one or more of the following modes, namely: -
(a) the proper officer may deduct or may require any other specified officer to deduct the amount so payable from any money owing to such person which may be under the control of the proper officer or such other specified officer;
(b) the proper officer may recover or may require any other specified officer to recover the amount so payable by detaining and selling any goods belonging to such person which are under the control of the proper officer or such other specified officer;
(c) (i)
the proper officer may, by a notice in writing, require any other person from whom money is due or may become due to such person or who holds or may subsequently hold money for or on account of such person, to pay to the Government either forthwith upon the money becoming due or being held, or within the time specified in the notice not being before the money becomes due or is held, so much of the money as is sufficient to pay the amount due from such person or the whole of the money when it is equal to or less than that amount;
(i) shall be deemed to have made the payment under the authority of the person in default and such payment being credited to the Government shall be deemed to constitute a good and sufficient discharge of the liability of such person to the person in default to the extent of the amount specified in the receipt;
(vi) any person discharging any liability to the person in default after service on him of the notice issued under sub-clause (i) shall be personally liable to the Government to the extent of the liability discharged or to the extent of the liability of the person in default for tax, interest and penalty, whichever is less;
(vii) where a person on whom a notice is served under sub-clause (i) proves to the satisfaction of the officer issuing the notice that the money demanded or any part thereof was not due to the person in default or that he did not hold any money for or on account of the person in default, at the time the notice was served on him, nor is the money demanded or any part thereof, likely to become due to the said person or be held for or on account of such person, nothing contained in this section shall be deemed to require the person on whom the notice has been served to pay to the Government any such money or part thereof;
(ii) every person to whom the notice is issued under sub-clause (i) shall be bound to comply with such notice, and in particular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document for the purpose of any entry, endorsement or the like being made before payment is made, notwithstanding any rule, practice or requirement to the contrary;
(iii) in case the person to whom a notice under sub-clause (i) has been issued, fails to make the payment in pursuance thereof to the Government, he shall be deemed to be a defaulter in respect of the amount specified in the notice and all the consequences of this Act or the rules made thereunder shall follow;
(iv) the officer issuing a notice under sub-clause (i) may, at any time, amend or revoke such notice or extend the time for making any payment in pursuance of the notice;
(v) any person making any payment in compliance with a notice issued under sub-clause
(d) the proper officer may, in accordance with the rules to be made in this behalf, distrain any movable or immovable property belonging to or under the control of such person, and detain the same until the amount payable is paid; and in case, any part of the said amount payable or of the cost of the distress or keeping of the property, remains unpaid for a period of thirty days next after any such distress, may cause the said property to be sold and with the proceeds of such sale, may satisfy the amount payable and the costs including cost of sale remaining unpaid and shall render the surplus amount, if any, to such person;
(e) the proper officer may prepare a certificate signed by him specifying the amount due from such person and send it to the Collector of the district in which such person owns any property or resides or carries on his business or to any officer authorised by the Government and the said Collector or the said officer, on receipt of such certificate, shall proceed to recover from such person the amount specified thereunder as if it were an arrear of land revenue;
(f) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the proper officer may file an application to the appropriate Magistrate and such Magistrate shall proceed to recover from such person the amount specified thereunder as if it were a fine imposed by him.
(2) Where the terms of any bond or other instrument executed under this Act or any rules or regulations made thereunder provide that any amount due under such instrument may be recovered in the manner laid down in sub-section (1), the amount may, without prejudice to any other mode of recovery, be recovered in accordance with the provisions of that sub-section.
(3) Where any amount of tax, interest or penalty is payable by a person to the Government under any of the provisions of this Act or the rules made thereunder and which remains unpaid, the proper officer of central tax, during the course of recovery of said tax arrears, may recover the amount from the said person as if it were an arrear of central tax and credit the amount so recovered to the account of the Government.
(4) Where the amount recovered under subsection (3) is less than the amount due to the Central Government and State Government, the amount to be credited to the account of the respective Governments shall be in proportion to the amount due to each such Government.
### 80. Payment of tax and other amount in instalments.
- On an application filed by a taxable person, the Commissioner may, for reasons to be recorded in writing, extend the time for payment or allow payment of any amount due under this Act, other than the amount due as per the liability self-assessed in any return, by such person in monthly instalments not exceeding twenty four, subject to payment of interest under section 50 and subject to such conditions and limitations as may be prescribed:
Provided that where there is default in payment of any one instalment on its due date, the whole outstanding balance payable on such date shall become due and payable forthwith and shall, without any further notice being served on the person, be liable for recovery.
### 81. Transfer of property to be void in certain cases.
- Where a person, after any amount has become due from him, creates a charge on or parts with the property belonging to him or in his possession by way of sale, mortgage, exchange, or any other mode of transfer whatsoever of any of his properties in favour of any other person with the intention of defrauding the Government revenue, such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by the said person:
Provided that, such charge or transfer shall not be void if it is made for adequate consideration, in good faith and without notice of the pendency of such proceedings under this Act or without notice of such tax or other sum payable by the said person, or with the previous permission of the proper officer.
### 82. Tax to be first charge on property.
- Notwithstanding anything to the contrary contained in any law for the time being in force, save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, any amount payable by a taxable person or any other person on account of tax, interest or penalty which he is liable to pay to the Government shall be a first charge on the property of such taxable person or such person. Payment of tax and other amount in instalments.
### 83. Provisional attachment to protect revenue in certain cases.
(1) Where during the pendency of any proceedings under section 62 or section 63 or section 64 or section 67 or section 73 or section 74, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue, it is necessary so to do, he may, by order in writing attach provisionally any property, including bank account, belonging to the taxable person in such manner as may be prescribed.
(2) Every such provisional attachment shall cease to have effect after the expiry of a period of one year from the date of the order made under sub-section (1).
### 84. Continuation and validation of certain recovery proceedings.
- Where any notice of demand in respect of any tax, penalty, interest or any other amount payable under this Act, (hereafter in this section referred to as "Government dues"), is served upon any taxable person or any other person and any appeal or revision application is filed or any other proceedings is initiated in respect of such Government dues, then -
(a) where such Government dues are enhanced in such appeal, revision or other proceedings, the Commissioner shall serve upon the taxable person or any other person another notice of demand in respect of the amount by which such Government dues are enhanced and any recovery proceedings in relation to such Government dues as are covered by the notice of demand served upon him before the disposal of such appeal, revision or other proceedings may, without the service of any fresh notice of demand, be continued from the stage at which such proceedings stood immediately before such disposal;
(b) where such Government dues are reduced in such appeal, revision or in other proceedings -
(i) it shall not be necessary for the Commissioner to serve upon the taxable person a fresh notice of demand;
(ii) the Commissioner shall give intimation of such reduction to him and to the appropriate authority with whom recovery proceedings is pending;
(iii) any recovery proceedings initiated on the basis of the demand served upon him prior to the disposal of such appeal, revision or other proceedings may be continued in relation to the amount so reduced from the stage at which such proceedings stood immediately before such disposal.
Chapter XVI
Liability to Pay in Certain Cases
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### 85. Liability in case of transfer of business.
(1) Where a taxable person, liable to pay tax under this Act, transfers his business in whole or in part, by sale, gift, lease, leave and license, hire or in any other manner whatsoever, the taxable person and the person to whom the business is so transferred shall, jointly and severally, be liable wholly or to the extent of such transfer, to pay the tax, interest or any penalty due from the taxable person upto the time of such transfer, whether such tax, interest or penalty has been determined before such transfer, but has remained unpaid or is determined thereafter.
(2) Where the transferee of a business referred to in sub-section (1) carries on such business either in his own name or in some other name, he shall be liable to pay tax on the supply of goods or services or both effected by him with effect from the date of such transfer and shall, if he is a registered person under this Act, apply within the prescribed time for amendment of his certificate of registration.
### 86. Liability of agent and principal.
- Where an agent supplies or receives any taxable goods on behalf of his principal, such agent and his principal shall, jointly and severally, be liable to pay the tax payable on such goods under this Act.
### 87. Liability in case of amalgamation or merger of companies.
(1) When two or more companies are amalgamated or merged in pursuance of an order of court or of Tribunal or otherwise and the order is to take effect from a date earlier to the date of the order and any two or more of such companies have supplied or received any goods or services or both to or from each other during the period commencing on the date from which the order takes effect till the date of the order, then such transactions of supply and receipt shall be included in the turnover of supply or receipt of the respective companies and they shall be liable to pay tax accordingly.
(2) Notwithstanding anything contained in the said order, for the purposes of this Act, the said two or more companies shall be treated as distinct companies for the period up to the date of the said order and the registration certificates of the said companies shall be cancelled with effect from the date of the said order.
### 88. Liability in case of company in liquidation.
(1) When any company is being wound up whether under the orders of a court or Tribunal or otherwise, every person appointed as receiver of any assets of a company (hereafter in this section referred to as the "liquidator"), shall, within thirty days after his appointment, give intimation of his appointment to the Commissioner.
(2) The Commissioner shall, after making such inquiry or calling for such information as he may deem fit, notify the liquidator within three months from the date on which he receives intimation of the appointment of the liquidator, the amount which in the opinion of the Commissioner would be sufficient to provide for any tax, interest or penalty which is then, or is likely thereafter to become, payable by the company.
(3) When any private company is wound up and any tax, interest or penalty determined under this Act on the company for any period, whether before or in the course of or after its liquidation, cannot be recovered, then every person who was a director of such company at any time during the period for which the tax was due shall, jointly and severally, be liable for the payment of such tax, interest or penalty, unless he proves to the satisfaction of the Commissioner that such non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company.
### 89. Liability of directors of private company.
(1) Notwithstanding anything contained in the Companies Act, 2013, where any tax, interest or penalty due from a private company in respect of any supply of goods or services or both for any period cannot be recovered, then, every person who was a director of the private company during such period shall, jointly and severally, be liable for the payment of such tax, interest or penalty unless he proves that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company.
(2) Where a private company is converted into a public company and the tax, interest or penalty in respect of any supply of goods or services or both for any period during which such company was a private company cannot be recovered before such conversion, then, nothing contained in sub-section (1) shall apply to any person who was a director of such private company in relation to any tax, interest or penalty in respect of such supply of goods or services or both of such private company:
Provided that nothing contained in this subsection shall apply to any personal penalty imposed on such director.
### 90. Liability of partners of firm to pay tax.
- Notwithstanding any contract to the contrary and any other law for the time being in force, where any firm is liable to pay any tax, interest or penalty under this Act, the firm and each of the partners of the firm shall, jointly and severally, be liable for such payment:
Provided that where any partner retires from the firm, he or the firm, shall intimate the date of retirement of the said partner to the Commissioner by
a notice in that behalf in writing and such partner shall be liable to pay tax, interest or penalty due upto the date of his retirement whether determined or not, on that date:
Provided further that i f no such intimation is given within one month from the date of retirement, the liability of such partner under the first proviso shall continue until the date on which such intimation is received by the Commissioner.
### 91. Liability of guardians, trustees, etc.
- Where the business in respect of which any tax, interest or penalty is payable under this Act is carried on by any guardian, trustee or agent of a minor or other incapacitated per son on behalf of and for the benefit of such minor or other incapacitated person, the tax, interest or penal to shall be levied upon and recoverable from such guardian, trustee or agent in like manner and to the same extent as i t would be determined and recover able from any such minor or other incapacitated per son, as i f he were a major or capacitated person and as i f he were conducting the business himself, and all the provisions of this Act or the rules made thereunder shall apply accordingly.
### 92. Liability of Court of Wards, etc.
- Where the estate or any portion of the estate of a taxable person owning a business in respect of which any tax, interest or penalty is payable under this Act is under the control of the Court of Wards, the Administrator General, the Official Trustee or any receiver or manager (including any person, whatever be his designation, who in fact manages the business) appointed by or under any order of a court, the tax, interest or penalty shall be levied upon and be recoverable from such Court of Wards, Administrator General, Official Trustee, receiver or manager in like manner and to the same extent as it would be determined and be recoverable from the taxable person as if he were conducting the business himself, and all the provisions of this Act or the rules made thereunder shall apply accordingly.
### 93. Special provisions regarding liability to pay tax, interest or penalty in certain cases.
(1) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, where a person, liable to pay tax, interest or penalty under this Act, dies, then -
(a) if a business carried on by the person is continued after his death by his legal representative or any other person, such legal representative or other person, shall be liable to pay tax, interest or penalty due from such person under this Act; and
(b) if the business carried on by the person is discontinued, whether before or after his death, his legal representative shall be liable to pay, out of the estate of the deceased, to the extent to which the estate is capable of meeting the charge, the tax, interest or penalty due from such person under this Act,
whether such tax, interest or penalty has been determined before his death but has remained unpaid or is determined after his death.
(2) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, where a taxable person, liable to pay tax, interest or penalty under this Act, is a Hindu Undivided Family or an association of persons and the property of the Hindu Undivided Family or the association of persons is partitioned amongst the various members or groups of members, then, each member or group of members shall, jointly and severally, be liable to pay the tax, interest or penalty due from the taxable person under this Act upto the time of the partition whether such tax, penalty or interest has been determined before partition but has remained unpaid or is determined after the partition.
(3) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, where a taxable person, liable to pay tax, interest or penalty under this Act, is a firm, and the firm is dissolved, then, every person who was a partner shall, jointly and severally, be liable to pay the tax, interest or penalty due from the firm under this Act upto the time of dissolution whether such tax, interest or penalty has been determined before the dissolution, but has remained unpaid or is determined after dissolution.
(4) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, where a taxable person liable to pay tax, interest or penalty under this Act,-
(a) is the guardian of a ward on whose behalf the business is carried on by the guardian; or
(b) is a trustee who carries on the business under a trust for a beneficiary,
then, if the guardianship or trust is terminated, the ward or the beneficiary shall be liable to pay the tax, interest or penalty due from the taxable person upto the time of the termination of the guardianship or trust, whether such tax, interest or penalty has been determined before the termination of guardianship or trust but has remained unpaid or is determined thereafter.
### 94. Liability in other cases.
(1) Where a taxable person is a firm or an association of persons or a Hindu Undivided Family and such firm, association or family has discontinued business-
(a) the tax, interest or penal to payable under this Act by such firm, association or family upto the date of such discontinuance may be determined as if no such discontinuance had taken place; and
(b) every person who, at the time of such discontinuance, was a partner of such firm, or a member of such association or family, shall, notwithstanding such discontinuance, jointly and severally, be liable for the payment of tax and interest determined and penalty imposed and payable by such firm, association or family, whether such tax and interest has been determined or penalty imposed prior to or after such discontinuance and subject as aforesaid, the provisions of this Act shall, so far as may be, apply as if every such person or partner or member were himself a taxable person.
(2) Where a change has occurred in the constitution of a firm or an association of persons, the partners of the firm or members of association, as it existed before and as it exists after the reconstitution, shall, without prejudice to the provisions of section 90, jointly and severally, be liable to pay tax, interest or penalty due from such firm or association for any period before its reconstitution.
(3) The provisions of sub-section (1) shall, so far as may be, apply where the taxable person, being a firm or association of persons is dissolved or where the taxable person, being a Hindu Undivided Family, has effected partition with respect to the business carried on by it and accordingly references in that sub-section to discontinuance shall be construed as reference to dissolution or to partition.
Explanation. - For the purposes of this Chapter, -
(i) a "Limited Liability Partnership" formed and registered under the provisions of the Limited Liability Partnership Act, 2008 shall also be considered as a firm;
(ii) "court" means the District Court, High Court or Supreme Court.
Chapter XVII
Advance Ruling
--------------------------------
### 95. Definitions.
- In this Chapter, unless the context otherwise requires, -
(a) "advance ruling" means a decision provided by the Authority or the Appellate Authority to an applicant on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) of section 100, in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant;
(b) "Appellate Authority" means the Appellate Authority for Advance Ruling constituted under section 99;
(c) "applicant" means any person registered or desirous of obtaining registration under this Act;
(d) "application" means an application made to the Authority under sub-section (1) of section 97;
(e) "Authority" means the Authority for Advance Ruling, constituted under section 96.
### 96. Constitution of Authority for Advance Ruling.
(1) The Government shall, by notification, constitute an Authority to be known as the Puducherry Authority for Advance Ruling: Provided that the Government may, on the recommendation of the Council, notify any Authority located in another State to act as the Authority for the State.
(2) The Authority shall consist of -
(i) one member from amongst the officers of central tax; and
(ii) one member from amongst the officers of State tax,
to be appointed by the Central Government and the State Government, respectively.
(3) The qualifications, the method of appointment of the members and the terms and conditions of their services shall be such as may be prescribed.
### 97. Application for advance ruling.
(1) An applicant desirous of obtaining an advance ruling under this Chapter may make an application in such form and manner and accompanied by such fee as may be prescribed, stating the question on which the advance ruling is sought.
(2) The question on which the advance ruling is sought under this Act, shall be in respect of, -
(a) classification of any goods or services or both;
(b) applicability of a notification issued under the provisions of this Act;
(c) determination of time and value of supply of goods or services or both;
(d) admissibility of input tax credit of tax paid or deemed to have been paid;
(e) determination of the liability to pay tax on any goods or services or both;
(f) whether applicant is required to be registered;
(g) whether any particular thing done by the applicant with respect to any goods or services or both amounts to or results in a supply of goods or services or both, within the meaning of that term.
### 98. Procedure on receipt of application.
(1) On receipt of an application, the Authority shall cause a copy thereof to be forwarded to the concerned officer and, if necessary, call upon him to furnish the relevant records:
Provided that where any records have been called for by the Authority in any case, such records shall, as soon as possible, be returned to the said concerned officer.
(2) The Authority may, after examining the application and the records called for and after hearing the applicant or his authorised representative and the concerned officer or his authorised representative, by order, either admit or reject the application:
Provided that the Authority shall not admit the application where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this Act:
Provided further that no application shall be rejected under this sub-section unless an opportunity of hearing has been given to the applicant:
Provided also that where the application is rejected, the reasons for such rejection shall be specified in the order.
(3) A copy of every order made under sub-section (2) shall be sent to the applicant and to the concerned officer.
(4) Where an application is admitted under subsection (2), the Authority shall, after examining such further material as may be placed before it by the applicant or obtained by the Authority and after providing an opportunity of being heard to the applicant or his authorised representative as well as to the concerned officer or his authorised representative, pronounce its advance ruling on the question specified in the application.
(5) Where the members of the Authority differ on any question on which the advance ruling is sought, they shall state the point or points on which they differ and make a reference to the Appellate Authority for hearing and decision on such question.
(6) The Authority shall pronounce its advance ruling in writing within ninety days from the date of receipt of application.
(7) A copy of the advance ruling pronounced by the Authority duly signed by the members and certified in such manner as may be prescribed shall be sent to the applicant, the concerned officer and the jurisdictional officer after such pronouncement.
### 99. Constitution of Appellate Authority for Advance Ruling.
- The Government shall, by notification, constitute an Authority to be known as Puducherry Appellate Authority for Advance Ruling for Goods and Services Tax for hearing appeals against the advance ruling pronounced by the Advance Ruling Authority, consisting of-
(i) the Chief Commissioner of central tax as designated by the Board; and
(ii) the Commissioner of State tax:
Provided that the Government may, on the recommendations of the Council, notify any Appellate Authority located in another State or Union territory to act as the Appellate Authority for the State.
### 100. Appeal to Appellate Authority.
(1) The concerned officer, the jurisdictional officer or an applicant aggrieved by any advance ruling pronounced under sub-section (4) of section 98, may appeal to the Appellate Authority.
(2) Every appeal under this section shall be filed within a period of thirty days from the date on which the ruling sought to be appealed against is communicated to the concerned officer, the jurisdictional officer and the applicant :
Provided that the Appellate Authority may, if it is satisfied that the appellant was prevented by a sufficient cause from presenting the appeal within the said period of thirty days, allow it to be presented within a further period not exceeding thirty days.
(3) Every appeal under this section shall be in such form, accompanied by such fee and verified in such manner as may be prescribed.
### 101. Orders of Appellate Authority.
(1) The Appellate Authority may, after giving the parties to the appeal or reference an opportunity of being heard, pass such order as it thinks fit, confirming or modifying the ruling appealed against or referred to.
(2) The order referred to in sub-section (1) shall be passed within a period of ninety days from the date of filing of the appeal under section 100 or a reference under sub-section (5) of section 98.
(3) Where the members of the Appellate Authority differ on any point or points referred to in appeal or reference, it shall be deemed that no advance ruling can be issued in respect of the question under the appeal or reference.
(4) A copy of the advance ruling pronounced by the Appellate Authority duly signed by the Members and certified in such manner as may be prescribed shall be sent to the applicant, the concerned officer, the jurisdictional officer and to the Authority after such pronouncement.
### 102. Rectification of advance ruling.
- The Authority or the Appellate Authority may amend any order passed by it under section 98 or section 101, so as to rectify any error apparent on the face of the record, if such error is noticed by the Authority or the Appellate Authority on its own accord, or is brought to its notice by the concerned officer, the jurisdictional officer, or the applicant or the appellant within a period of six months from the date of the order:
Provided that no rectification which has the effect of enhancing the tax liability or reducing the amount of admissible input tax credit shall be made unless the applicant or the appellant has been given an opportunity of being heard.
### 103. Applicability of advance ruling.
(1) The advance ruling pronounced by the Authority or the Appellate Authority under this Chapter shall be binding only -
(a) on the applicant who had sought it in respect of any matter referred to in sub-section (2) of section 97 for advance ruling;
(b) on the concerned officer or the jurisdictional officer in respect of the applicant.
(2) The advance ruling referred to in sub-section (1) shall be binding unless the law, facts or circumstances supporting the original advance ruling have changed.
### 104. Advance ruling to be void in certain circumstances.
(1) Where the Authority or the Appellate Authority finds that advance ruling pronounced by it under sub-sect ion (4) of sect ion 98 or under sub-section (1) of section 101 has been obtained by the applicant or the appellant by fraud or suppression of material facts or misrepresentation of facts, it may, by order, declare such ruling to be void ab-initio and thereupon all the provisions of this Act or the rules made thereunder shall apply to the applicant or the appellant as if such advance ruling had never been made:
Provided that no order shall be passed under this sub-section unless an opportunity of being heard has been given to the applicant or the appellant.
Explanation. - The period beginning with the date of such advance ruling and ending with the date of order under this sub-section shall be excluded while computing the period specified in sub-sections (2) and (10) of section 73 or sub-sections (2) and (10) of section 74.
(2) A copy of the order made under sub-section (1) shall be sent to the applicant, the concerned officer and the jurisdictional officer.
### 105. Powers of Authority and Appellate Authority.
(1) The Authority or the Appellate Authority shall, for the purpose of exercising its powers regarding -
(a) discovery and inspection;
(b) enforcing the attendance of any person and examining him on oath;
(c) issuing commissions and compelling production of books of account and other records,
have all the powers of a civil court under the Code of Civil Procedure, 1908.
(2) The Authority or the Appellate Authority shall be deemed to be a civil court for the purposes of section 195, but not for the purposes of Chapter XXVI of the Code of Criminal Procedure, 1973, and every proceeding before the Authority or the Appellate Authority shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code.
### 106. Procedure of Authority and Appellate Authority.
- The Authority or the Appellate Authority shall, subject to the provisions of this Chapter, have power to regulate its own procedure.
Chapter XVIII
Appeals and Revision
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### 107. Appeals to Appellate Authority.
(1) Any person aggrieved by any decision or order passed under this Act or the Central Goods and Services Tax Act by an adjudicating authority may appeal to such Appellate Authority as may be prescribed within three months from the date on which the said decision or order is communicated to such person.
(2) The Commissioner may, on his own motion, or upon request from the Commissioner of central tax, call for and examine the record of any proceeding in which an adjudicating authority has passed any decision or order under this Act or the Central Goods and Services Tax Act, for the purpose of satisfying himself as to the legality or propriety of the said decision or order and may, by order, direct any officer subordinate to him to apply to the Appellate Authority within six months from the date of communication of the said decision or order for the determination of such points arising out of the said decision or order as may be specified by the Commissioner in his order.
(3) Where, in pursuance of an order under subsection (2), the authorised officer makes an application to the Appellate Authority, such application shall be dealt with by the Appellate Authority as if it were an appeal made against the decision or order of the adjudicating authority and such authorised officer were an appellant and the provisions of this Act relating to appeals shall apply to such application.
(4) The Appellate Authority may, if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of three months or six months, as the case may be, allow it to be presented within a further period of one month.
(5) Every appeal under this section shall be in such form and shall be verified in such manner as may be prescribed.
(6) No appeal shall be filed under sub-section (1), unless the appellant has paid -
(a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him; and
(b) a sum equal to ten per cent. of the remaining amount of tax in dispute arising from the said order, in relation to which the appeal has been filed.
(7) Where the appellant has paid the amount under sub-section (6), the recovery proceedings for the balance amount shall be deemed to be stayed.
(8) The Appellate Authority shall give an opportunity to the appellant of being heard.
(9) The Appellate Authority may, if sufficient cause is shown at any stage of hearing of an appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing:
Provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal.
(10) The Appellate Authority may, at the time of hearing of an appeal, allow an appellant to add any ground of appeal not specified in the grounds of appeal, if it is satisfied that the omission of that ground from the grounds of appeal was not wilful or unreasonable.
(11) The Appellate Authority shall, after making such further inquiry as may be necessary, pass such order, as it thinks just and proper, confirming, modifying or annulling the decision or order appealed against but shall not refer the case back to the adjudicating authority that passed the said decision or order:
Provided that an order enhancing any fee or penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the amount of refund or input tax credit shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order:
Provided further that where the Appellate Authority is of the opinion that any tax has not been paid or short-paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised, no order requiring the appellant to pay such tax or input tax credit shall be passed unless the appellant is given notice to show cause against the proposed order and the order is passed within the time limit specified under section 73 or section 74.
(12) The order of the Appellate Authority disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for such decision.
(13) The Appellate Authority shall, where it is possible to do so, hear and decide every appeal within a period of one year from the date on which it is filed:
Provided that where the issuance of order is stayed by an order of a court or Tribunal, the period of such stay shall be excluded in computing the period of one year.
(14) On disposal of the appeal, the Appellate Authority shall communicate the order passed by it to the appellant, respondent and to the adjudicating authority.
(15) A copy of the order passed by the Appellate Authority shall also be sent to the Commissioner or the authority designated by him in this behalf and the jurisdictional Commissioner of central tax or an authority designated by him in this behalf.
(16) Every order passed under this section shall, subject to the provisions of section 108 or section 113 or section 117 or section 118 be final and binding on the parties.
### 108. Powers of Revisional Authority.
(1) Subject to the provisions of section 121 and any rules made thereunder, the Revisional Authority may, on his own motion, or upon information received by him or on request from the Commissioner of central tax, call for and examine the record of any proceedings, and if he considers that any decision or order passed under this Act or under the Central Goods and Services Tax Act by any officer subordinate to him is erroneous in so far as it is prejudicial to the interest of revenue and is illegal or improper or has not taken into account certain material facts, whether available at the time of issuance of the said order or not or in consequence of an observation by the Comptroller and Auditor General of India, he may, if necessary, stay the operation of such decision or order for such period as he deems fit and after giving the person concerned an opportunity of being heard and after making such further inquiry as may be necessary, pass such order, as he thinks just and proper, including enhancing or modifying or annulling the said decision or order.
(2) The Revisional Authority shall not exercise any power under sub-section (1), if -
(a) the order has been subject to an appeal under section 107 or section 112 or section 117 or section 118; or
(b) the period specified under sub-section (2) of section 107 has not yet expired or more than three years have expired after the passing of the decision or order sought to be revised; or
(c) the order has already been taken for revision under this section at an earlier stage; or
(d) the order has been passed in exercise of the powers under sub-section (1):
Provided that the Revisional Authority may pass an order under sub-section (1) on any point which has not been raised and decided in an appeal referred to in clause (a) of sub-section (2), before the expiry of a period of one year from the date of the order in such appeal or before the expiry of a period of three years referred to in clause (b) of that sub-section, whichever is later.
(3) Every order passed in revision under sub-section (1) shall, subject to the provisions of section 113 or section 117 or section 118, be final and binding on the parties.
(4) If the said decision or order involves an issue on which the Appellate Tribunal or the High Court has given its decision in some other proceedings and an appeal to the High Court or the Supreme Court against such decision of the Appellate Tribunal or the High Court is pending, the period spent between the date of the decision of the Appellate Tribunal and the date of the decision of the High Court or the date of the decision of the High Court and the date of the decision of the Supreme Court shall be excluded in computing the period of limitation referred to in clause (b) of sub-section (2) where proceedings for revision have been initiated by way of issue of a notice under this section.
(5) Where the issuance of an order under sub-section (1) is stayed by the order of a court or Appellate Tribunal, the period of such stay shall be excluded in computing the period of limitation referred to in clause (b) of sub-section (2).
(6) For the purposes of this section, the term, -
(i) "record" shall include all records relating to any proceedings under this Act available at the time of examination by the Revisional Authority;
(ii) "decision" shall include intimation given by any officer lower in rank than the Revisional Authority.
### 109. Appellate Tribunal and Benches thereof.
(1) Subject to the provisions of this Chapter, the Goods and Services Tax Tribunal constituted under the Central Goods and Services Tax Act shall be the Appellate Tribunal for hearing appeals against the orders passed by the Appellate Authority or the Revisional Authority under this Act.
(2) The constitution and jurisdiction of the State Bench and the Area Benches located in the State shall be in accordance with the provisions of section 109 of the Central Goods and Services Tax Act or the rules made thereunder.
### 110. President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc.
- The qualifications, appointment, salary and allowances, terms of office, resignation and removal of the President and Members of the State Bench and Area Benches shall be in accordance with the provisions of section 110 of the Central Goods and Services Tax Act.
### 111. Procedure before Appellate Tribunal.
(1) The Appellate Tribunal shall not, while disposing of any proceedings before it or an appeal before it, be bound by the procedure laid down in the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and subject to the other provisions of this Act and the rules made thereunder, the Appellate Tribunal shall have power to regulate its own procedure.
(2) The Appellate Tribunal shall, for the purposes of discharging its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or a copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) dismissing a representation for default or deciding it ex parte;
(g) setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and
(h) any other matter which may be prescribed.
(3) Any order made by the Appellate Tribunal may be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the Appellate Tribunal to send for execution of its orders to the court within the local limits of whose jurisdiction,-
(a) in the case of an order against a company, the registered office of the company is situated; or
(b) in the case of an order against any other person, the person concerned voluntarily resides or carries on business or personally works for gain.
(4) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code, and the Appellate Tribunal shall be deemed to be civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
### 112. Appeals to Appellate Tribunal.
(1) Any person aggrieved by an order passed against him under section 107 or section 108 of this Act or the Central Goods and Services Tax Act may appeal to the Appellate Tribunal against such order within three months from the date on which the order sought to be appealed against is communicated to the person preferring the appeal.
(2) The Appellate Tribunal may, in its discretion, refuse to admit any such appeal where the tax or input tax credit involved or the difference in tax or input tax credit involved or the amount of fine, fee or penalty determined by such order, does not exceed fifty thousand rupees.
(3) The Commissioner may, on his own motion, or upon request from the Commissioner of central tax, call for and examine the record of any order passed by the Appellate Authority or the Revisional Authority under this Act or under the Central Goods and Services Tax Act for the purpose of satisfying himself as to the legality or propriety of the said order and may, by order, direct any officer subordinate to him to apply to the Appellate Tribunal within six months from the date on which the said order has been passed for determination of such points arising out of the said order as may be specified by the Commissioner in his order.
(4) Where in pursuance of an order under subsection (3) the authorised officer makes an application to the Appellate Tribunal, such application shall be dealt with by the Appellate Tribunal as if it were an appeal made against the order under sub-section (11) of section 107 or under sub-section (1) of section 108 and the provisions of this Act shall apply to such application, as they apply in relation to appeals filed under sub-section (1).
(5) On receipt of notice that an appeal has been preferred under this section, the party against whom the appeal has been preferred may, notwithstanding that he may not have appealed against such order or any part thereof, file, within forty-five days of the receipt of notice, a memorandum of cross-objections, verified in the prescribed manner, against any part of the order appealed against and such memorandum shall be disposed of by the Appellate Tribunal, as if it were an appeal presented within the time specified in sub-section (1).
(6) The Appellate Tribunal may admit an appeal within three months after the expiry of the period referred to in sub-section (1), or permit the filing of a memorandum of cross-objections within forty-five days after the expiry of the period referred to in subsection (5), if it is satisfied that there was sufficient cause for not presenting it within that period.
(7) An appeal to the Appellate Tribunal shall be in such form, verified in such manner and shall be accompanied by such fee, as may be prescribed.
(8) No appeal shall be filed under sub-section (1), unless the appellant has paid -
(a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him; and
(b) a sum equal to twenty per cent. of the remaining amount of tax in dispute, in addition to the amount paid under sub-section (6) of section 107, arising from the said order, in relation to which the appeal has been filed.
(9) Where the appellant has paid the amount as per sub-section (8), the recovery proceedings for the balance amount shall be deemed to be stayed till the disposal of the appeal.
(10) Every application made before the Appellate Tribunal, -
(a) in an appeal for rectification of error or for any other purpose; or
(b) for restoration of an appeal or an application, shall be accompanied by such fees as may be prescribed.
### 113. Orders of Appellate Tribunal.
(1) The Appel late Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit , confirming, modifying or annulling the decision or order appealed against or may refer the case back to the Appel late Authority, or the Revisional Authority or to the original adjudicating authority, with such directions as it may think fit , for a fresh adjudication or decision after taking additional evidence, if necessary.
(2) The Appellate Tribunal may, if sufficient cause is shown, at any stage of hearing of an appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing:
Provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal.
(3) The Appellate Tribunal may amend any order passed by it under sub-section (1) so as to rectify any error apparent on the face of the record, if such error is noticed by it on its own accord, or is brought to its notice by the Commissioner or the Commissioner of central tax or the other party to the appeal within a period of three months from the date of the order:
Provided that no amendment which has the effect of enhancing an assessment or reducing a refund or input tax credit or otherwise increasing the liability of the other party, shall be made under this sub-section, unless the party has been given an opportunity of being heard.
(4) The Appellate Tribunal shall, as far as possible, hear and decide every appeal within a period of one year from the date on which it is filed.
(5) The Appellate Tribunal shall send a copy of every order passed under this section to the Appellate Authority or the Revisional Authority, or the original adjudicating authority, as the case may be, the appellant and the Commissioner or the jurisdictional Commissioner of central tax.
(6) Save as provided in section 117 or section 118, orders passed by the Appellate Tribunal on an appeal shall be final and binding on the parties.
### 114. Financial and administrative powers of State President.
- The State President shall exercise such financial and administrative powers over the State Bench and Area Benches of the Appellate Tribunal in a State, as may be prescribed:
Provided that the State President shall have the authority to delegate such of his financial and administrative powers as he may think fit to any other Member or any officer of the State Bench or Area Benches, subject to the condition that such Member or officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the State President.
### 115. Interest on refund of amount paid for admission of appeal.
- Where an amount paid by the appellant under sub-section (6) of section 107 or sub-section (8) of section 112 is required to be refunded consequent to any order of the Appellate Authority or of the Appellate Tribunal, interest at the rate specified under section 56 shall be payable in respect of such refund from the date of payment of the amount till the date of refund of such amount.
### 116. Appearance by authorised representative.
(1) Any person who is entitled or required to appear before an officer appointed under this Act, or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act, may, otherwise than when required under this Act to appear personally for examination on oath or affirmation, subject to the other provisions of this section, appear by an authorised representative.
(2) For the purposes of this Act, the expression "authorised representative" shall mean a person authorised by the person referred to in sub-section (1) to appear on his behalf, being -
(a) his relative or regular employee; or
(b) an advocate who is entitled to practice in any court in India, and who has not been debarred from practising before any court in India; or
(c) any chartered accountant, a cost accountant or a company secretary, who holds a certificate of practice and who has not been debarred from practice; or
(d) a retired officer of the Commercial Tax Department of any State Government or Union territory or of the Board who, during his service under the Government, had worked in a post not below the rank than that of a Group-B Gazetted officer for a period of not less than two years:
Provided that such officer shall not be entitled to appear before any proceedings under this Act for a period of one year from the date of his retirement or resignation; or
(e) any person who has been authorised to act as a goods and services tax practitioner on behalf of the concerned registered person.
(3) No person, -
(a) who has been dismissed or removed from Government service; or
(b) who is convicted of an offence connected with any proceedings under this Act, the Central Goods and Services Tax Act, the Integrated Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, or under the existing law or under any of the Acts passed by a State Legislature dealing with the imposition of taxes on sale of goods or supply of goods or services or both; or
(c) who is found guilty of misconduct by the prescribed authority; or
(d) who has been adjudged as an insolvent, shall be qualified to represent any person under sub-section (1) -
(i) for all times in case of persons referred to in clauses (a) (b) and (c); and
(ii) for the period during which the insolvency continues in the case of a person referred to in clause (d).
(4) Any person who has been disqualified under the provisions of the Central Goods and Services Tax Act or the Goods and Services Tax Act of any other State or the Union Territory Goods and Services Tax Act shall be deemed to be disqualified under this Act.
### 117. Appeal to High Court.
(1) Any person aggrieved by any order passed by the State Bench or Area Benches of the Appellate Tribunal may file an appeal to the High Court and the High Court may admit such appeal, if it is satisfied that the case involves a substantial question of law.
(2) An appeal under sub-section (1) shall be filed within a period of one hundred and eighty days from the date on which the order appealed against is received by the aggrieved person and it shall be in such form, verified in such manner as may be prescribed:
Provided that the High Court may entertain an appeal after the expiry of the said period if it is satisfied that there was sufficient cause for not filing it within such period.
(3) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question and the appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question.
(4) The High Court shall decide the question of law so formulated and deliver such judgment thereon containing the grounds on which such decision is founded and may award such cost as it deems fit.
(5) The High Court may determine any issue which -
(a) has not been determined by the State Bench or Area Benches; or
(b) has been wrongly determined by the State Bench or Area Benches, by reason of a decision on such question of law as herein referred to in sub-section (3).
(6) Where an appeal has been filed before the High Court, it shall be heard by a Bench of not less than two Judges of the High Court, and shall be decided in accordance with the opinion of such Judges or of the majority, if any, of such Judges.
(7) Where there is no such majority, the Judges shall state the point of law upon which they differ and the case shall, then, be heard upon that point only, by one or more of the other Judges of the High Court and such point shall be decided according to the opinion of the majority of the Judges who have heard the case including those who first heard it.
(8) Where the High Court delivers a judgment in an appeal filed before it under this section, effect shall be given to such judgment by either side on the basis of a certified copy of the judgment.
(9) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908, relating to appeals to the High Court shall, as far as may be, apply in the case of appeals under this section.
### 118. Appeal to Supreme Court.
(1) An appeal shall lie to the Supreme Court -
(a) from any order passed by the National Bench or Regional Benches of the Appellate Tribunal; or
(b) from any judgment or order passed by the High Court in an appeal made under section 117 in any case which, on its own motion or on an application made by or on behalf of the party aggrieved, immediately after passing of the judgment or order, the High Court certifies to be a fit one for appeal to the Supreme Court.
(2) The provisions of the Code of Civil Procedure, 1908, relating to appeals to the Supreme Court shall, so far as may be, apply in the case of appeals under this section as they apply in the case of appeals from decrees of a High Court.
(3) Where the judgment of the High Court is varied or reversed in the appeal, effect shall be given to the order of the Supreme Court in the manner provided in section 117 in the case of a judgment of the High Court.
### 119. Sums due to be paid notwithstanding appeal, etc.
- Notwithstanding that an appeal has been preferred to the High Court or the Supreme Court, sums due to the Government as a result of an order passed by the National or Regional Benches of the Appellate Tribunal under sub-section (1) of section 113 or an order passed by the State Bench or Area Benches of the Appellate Tribunal under sub-section (1) of section 113 or an order passed by the High Court under section 117, as the case may be, shall be payable in accordance with the order so passed.
### 120. Appeal not to be filed in certain cases.
(1) The Commissioner may, on the recommendations of the Council, from time to time, is sue order s or inst ruct ions or directions fixing such monetary limits, as he may deem fit, for the purposes of regulating the filing of appeal or application by the officer of the State tax under the provisions of this Chapter.
(2) Where, in pursuance of the orders or instructions or directions issued under sub-section (1), the officer of the State tax has not filed an appeal or application against any decision or order passed under the provisions of this Act, it shall not preclude such officer of the State tax from filing appeal or application in any other case involving the same or similar issues or questions of law.
(3) Notwithstanding the fact that no appeal or application has been filed by the officer of the State tax pursuant to the orders or instructions or directions issued under sub-section (1), no person, being a party in appeal or application shall contend that the officer of the State tax has acquiesced in the decision on the disputed issue by not filing an appeal or application.
(4) The Appellate Tribunal or court hearing such appeal or application shall have regard to the circumstances under which appeal or application was not filed by the officer of the State tax in pursuance of the orders or instructions or directions issued under sub-section (1).
### 121. Nonappealable decisions and orders.
- Notwithstanding anything to the contrary in any provisions of this Act, no appeal shall lie against any decision taken or order passed by an officer of State tax if such decision taken or order passed relates to any one or more of the following matters, namely:-
(a) an order of the Commissioner or other authority empowered to direct transfer of proceedings from one officer to another officer; or
(b) an order pertaining to the seizure or retention of books of account, register and other documents; or
(c) an order sanctioning prosecution under this Act; or
(d) an order passed under section 80.
Chapter XIX
Offences and Penalties
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### 122. Penalty for certain offences. - (1) Where a taxable person who
-
(i) supplies any goods or services or both without issue of any invoice or issues an incorrect or false invoice with regard to any such supply;
(ii) issues any invoice or bill without supply of goods or services or both in violation of the provisions of this Act or the rules made thereunder;
(iii) collects any amount as tax but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due;
(iv) collects any tax in contravention of the provisions of this Act but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due;
(v) fails to deduct the tax in accordance with the provisions of sub-section (1) of section 51, or deducts an amount which is less than the amount required to be deducted under the said sub-section, or where he fails to pay to the Government under sub-section (2) thereof, the amount deducted as tax;
(vi) fails to collect tax in accordance with the provisions of sub-section (1) of section 52, or collects an amount which is less than the amount required to be collected under the said sub-section or where he fails to pay to the Government the amount collected as tax under sub-section (3) of section 52;
(vii) takes or utilises input tax credit without actual receipt of goods or services or both either fully or partially, in contravention of the provisions of this Act or the rules made thereunder;
(viii) fraudulently obtains refund of tax under this Act;
(ix) takes or distributes input tax credit in contravention of section 20, or the rules made thereunder;
(x) falsifies or substitutes financial records or produces fake accounts or documents or furnishes any false information or return with an intention to evade payment of tax due under this Act;
(xi) is liable to be registered under this Act but fails to obtain registration;
(xii) furnishes any false information with regard to registration particulars, either at the time of applying for registration, or subsequently;
(xiii) obstructs or prevents any officer in discharge of his duties under this Act;
(xiv) transports any taxable goods without the cover of documents as may be specified in this behalf;
(xv) suppresses his turnover leading to evasion of tax under this Act;
(xvi) fails to keep, maintain or retain books of account and other documents in accordance with the provisions of this Act or the rules made thereunder;
(xvii) fails to furnish information or documents called for by an officer in accordance with the provisions of this Act or the rules made thereunder or furnishes false information or documents during any proceedings under this Act;
(xviii) supplies, transports or stores any goods which he has reasons to believe are liable to confiscation under this Act;
(xix) issues any invoice or document by using the registration number of another registered person;
(xx) tampers with, or destroys any material evidence or documents;
(xxi) disposes off or tampers with any goods that have been detained, seized, or attached under this Act,
he shall be liable to pay a penalty of ten thousand rupees or an amount equivalent to the tax evaded or the tax not deducted under section 51 or short deducted or deducted but not paid to the Government or tax not collected under section 52 or short collected or collected but not paid to the Government or input tax credit availed of or passed on or distributed irregularly, or the refund claimed fraudulently, whichever is higher.
(2) Any registered person who supplies any goods or services or both on which any tax has not been paid or short-paid or erroneously refunded, or where the input tax credit has been wrongly availed or utilized,-
(a) for any reason, other than the reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty of ten thousand rupees or ten per cent. of the tax due from such person, whichever is higher;
(b) for reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty equal to ten thousand rupees or the tax due from such person, whichever is higher.
(3) Any person who -
(a) aids or abets any of the offences specified in clauses (i) to (xxi) of sub-section (1);
(b) acquires possession of, or in any way concerns himself in transporting, removing, depositing, keeping, concealing, supplying, or purchasing or in any other manner deals with any goods which he knows or has reasons to believe are liable to confiscation under this Act or the rules made thereunder;
(c) receives or is in any way concerned with the supply of, or in any other manner deals with any supply of services which he knows or has reasons to believe are in contravention of any provisions of this Act or the rules made thereunder;
(d) fails to appear before the officer of State tax, when issued with a summon for appearance to give evidence or produce a document in an inquiry;
(e) fails to issue invoice in accordance with the provisions of this Act or the rules made thereunder or fails to account for an invoice in his books of account,
shall be liable to a penalty which may extend to twenty five thousand rupees.
### 123. Penalty for failure to furnish information return.
- If a person who is required to furnish an information return under section 150 fails to do so within the period specified in the notice issued under sub-section (3) thereof, the proper officer may direct, that such person shall be liable to pay a penalty of one hundred rupees for each day of the period during which the failure to furnish such return continues:
Provided that the penalty imposed under this section shall not exceed five thousand rupees.
### 124. Fine for failure to furnish statistics.
- If any person required to furnish any information or return under section 151, -
(a) without reasonable cause fails to furnish such information or return as may be required under that section, or
(b) wilfully furnishes or causes to furnish any information or return which he knows to be false,
he shall be punishable with a fine which may extend to ten thousand rupees and in case of a continuing offence to a further fine which may extend to one hundred rupees for each day after the first day during which the offence continues subject to a maximum limit of twenty five thousand rupees.
### 125. General penalty.
- Any person, who contravenes any of the provisions of this Act or any rules made thereunder for which no penalty is separately provided for in this Act, shall be liable to a penalty which may extend to twenty five thousand rupees.
### 126. General disciplines related to penalty.
(1) No officer under this Act shall impose any penalty for minor breaches of tax regulations or procedural requirements and in particular, any omission or mistake in documentation which is easily rectifiable and made without fraudulent intent or gross negligence.
Explanation. - For the purpose of this subsection, -
(a) a breach shall be considered a 'minor breach' if the amount of tax involved is less than five thousand rupees;
(b) an omission or mistake in documentation shall be considered to be easily rectifiable if the same is an error apparent on the face of record.
(2) The penalty imposed under this Act shall depend on the facts and circumstances of each case and shall commensurate with the degree and severity of the breach.
(3) No penalty shall be imposed on any person without giving him an opportunity of being heard.
(4) The officer under this Act shall while imposing penalty in an order for a breach of any law, regulation or procedural requirement, specify the nature of the breach and the applicable law, regulation or procedure under which the amount of penalty for the breach has been specified.
(5) When a person voluntarily discloses to an officer under this Act the circumstances of a breach of the tax law, regulation or procedural requirement prior to the discovery of the breach by the officer under this Act, the proper officer may consider this fact as a mitigating factor when quantifying a penalty for that person.
(6) The provisions of this section shall not apply in such cases where the penalty specified under this Act is either a fixed sum or expressed as a fixed percentage.
### 127. Power to impose penalty in certain cases.
- Where the proper officer is of the view that a person is liable to a penalty and the same is not covered under any proceedings under section 62 or section 63 or section 64 or section 73 or section 74 or section 129 or section 130, he may issue an order levying such penalty after giving a reasonable opportunity of being heard to such person.
### 128. Power to waive penalty or fee or both.
- The Government may, by notification, waive in part or full, any penalty referred to in section 122 or section 123 or section 125 or any late fee referred to in section 47 for such class of taxpayers and under such mitigating circumstances as may be specified therein on the recommendations of the Council.
### 129. Detention seizure and release of goods and conveyances in transit.
(1) Notwithstanding anything contained in this Act, where any person transports any goods or stores any goods while they are in transit in contravention of the provisions of this Act or the rules made thereunder, all such goods and conveyance used as a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to detention or seizure and after detention or seizure, shall be released, -
(a) on payment of the applicable tax and penalty equal to one hundred per cent. of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to two per cent of the value of goods or twenty five thousand rupees, whichever is less, where the owner of the goods comes forward for payment of such tax and penalty;
(b) on payment of the applicable tax and penalty equal to the fifty per cent. of the value of the goods reduced by the tax amount paid thereon and, in case of exempted goods, on payment of an amount equal to five per cent of the value of goods or twenty five thousand rupees, whichever is less, where the owner of the goods does not come forward for payment of such tax and penalty;
(c) upon furnishing a security equivalent to the amount payable under clause (a) or clause (b)in such form and manner as may be prescribed:
Provided that no such goods or conveyance shall be detained or seized without serving an order of detention or seizure on the person transporting the goods.
(2) The provisions of sub-section (6) of section 67 shall, mutatis mutandis, apply for detention and seizure of goods and conveyances.
(3) The proper officer detaining or seizing goods or conveyances shall issue a notice specifying the tax and penalty payable and thereafter, pass an order for payment of tax and penalty under clause (a) or clause (b) or clause (c).
(4) No tax, interest or penalty shall be determined under sub-section (3) without giving the person concerned an opportunity of being heard.
(5) On payment of amount referred in sub-section (1), all proceedings in respect of the notice specified in sub-section (3) shall be deemed to be concluded.
(6) Where the person transporting any goods or the owner of the goods fails to pay the amount of tax and penalty as provided in sub-section (1) within seven days of such detention or seizure, further proceedings shall be initiated in accordance with the provisions of section 130:
Provided that where the detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the said period of seven days may be reduced by the proper officer.
### 130. Confiscation of goods or conveyances and levy of penalty.
(1) Notwithstanding anything contained in this Act, if any person -
(i) supplies or receives any goods in contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of tax; or
(ii) does not account for any goods on which he is liable to pay tax under this Act; or
(iii) supplies any goods liable to tax under this Act without having applied for registration; or
(iv) contravenes any of the provisions of this Act or the rules made thereunder with intent to evade payment of tax; or
(v) uses any conveyance as a means of transport for carriage of goods in contravention of the provisions of this Act or the rules made thereunder unless the owner of the conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance,
then, all such goods or conveyances shall be liable to confiscation and the person shall be liable to penalty under section 122.
(2) Whenever confiscation of any goods or conveyance is authorised by this Act, the officer adjudging it shall give to the owner of the goods an option to pay in lieu of confiscation, such fine as the said officer thinks fit:
Provided that such fine leviable shall not exceed the market value of the goods confiscated, less the tax chargeable thereon:
Provided further that the aggregate of such fine and penalty leviable shall not be less than the amount of penalty leviable under sub-section (1) of section 129:
Provided also that where any such conveyance is used for the carriage of the goods or passengers for hire, the owner of the conveyance shall be given an option to pay in lieu of the confiscation of the conveyance a fine equal to the tax payable on the goods being transported thereon.
(3) Where any fine in lieu of confiscation of goods or conveyance is imposed under sub-section (2), the owner of such goods or conveyance or the person referred to in sub-section (1), shall, in addition, be liable to any tax, penalty and charges payable in respect of such goods or conveyance.
(4) No order for confiscation of goods or conveyance or for imposition of penalty shall be issued without giving the person an opportunity of being heard.
(5) Where any goods or conveyance are confiscated under this Act, the title of such goods or conveyance shall thereupon vest in the Government.
(6) The proper officer adjudging confiscation shall take and hold possession of the things confiscated and every officer of Police, on the requisition of such proper officer, shall assist him in taking and holding such possession.
(7) The proper officer may, after satisfying himself that the confiscated goods or conveyance are not required in any other proceedings under this Act and after giving reasonable time not exceeding three months to pay fine in lieu of confiscation, dispose of such goods or conveyance and deposit the sale proceeds thereof with the Government.
### 131. Confiscation or penalty not to interfere with other punishments.
- Without prejudice to the provisions contained in the Code of Criminal Procedure, 1973, no confiscation made or penalty imposed under the provisions of this Act or the rules made thereunder shall prevent the infliction of any other punishment to which the person affected thereby is liable under the provisions of this Act or under any other law for the time being in force.
### 132. Punishment for certain offences.
(1) Whoever commits any of the following offences, namely: -
(a) supplies any goods or services or both without issue of any invoice, in violation of the provisions of this Act or the rules made thereunder, with the intention to evade tax;
(b) issues any invoice or bill without supply of goods or services or both in violation of the provisions of this Act, or the rules made thereunder leading to wrongful availment or utilisation of input tax credit or refund of tax;
(c) avails input tax credit using such invoice or bill referred to in clause (b);
(d) collects any amount as tax but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due;
(e) evades tax, fraudulently avails input tax credit or fraudulently obtains refund and where such offence is not covered under clauses (a) to (d);
(f) falsifies or substitutes financial records or produces fake accounts or documents or furnishes any false information with an intention to evade payment of tax due under this Act;
(g) obstructs or prevents any officer in the discharge of his duties under this Act;
(h) acquires possession of, or in any way concerns himself in transporting, removing, depositing, keeping, concealing, supplying, purchasing or in any other manner deals with, any goods which he knows or has reasons to believe are liable to confiscation under this Act or the rules made thereunder;
(i) receives or is in any way concerned with the supply of, or in any other manner deals with any supply of services which he knows or has reasons to believe are in contravention of any provisions of this Act or the rules made thereunder;
(j) tampers with or destroys any material evidence or documents;
(k) fails to supply any information which he is required to supply under this Act or the rules made thereunder or (unless with a reasonable belief, the burden of proving which shall be upon him, that the information supplied by him is true) supplies false information; or
(l) attempts to commit, or abets the commission of any of the offences mentioned in clauses (a) to (k) of this section,
shall be punishable -
(i) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds five hundred lakh rupees, with imprisonment for a term which may extend to five years and with fine;
(ii) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds two hundred lakh rupees but does not exceed five hundred lakh rupees, with imprisonment for a term which may extend to three years and with fine;
(iii) in the case of any other offence where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds one hundred lakh rupees but does not exceed two hundred lakh rupees , with imprisonment for a term which may extend to one year and with fine;
(iv) in cases where he commits or abets the commission of an offence specified in clause (f) or clause (g) or clause (j), he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
(2) Where any person convicted of an offence under this section is again convicted of an offence under this section, then, he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to five years and with fine.
(3) The imprisonment referred to in clauses (i), (ii) and (iii) of sub-section (1) and sub-section (2) shall, in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Court, be for a term not less than six months.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act, except the offences referred to in sub-section (5) shall be non-cognizable and bailable.
(5) The offences specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) and punishable under clause (i) of that sub-section shall be cognizable and non-bailable.
(6) A person shall not be prosecuted for any offence under this section except with the previous sanction of the Commissioner.
Explanation. - For the purposes of this section, the term "tax" shall include the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or refund wrongly taken under the provisions of this Act, the Central Goods and Services Tax Act, the Integrated Goods and Services Tax Act, and cess levied under the Goods and Services Tax (Compensation to States) Act.
### 133. Liability of officers and certain other persons.
(1) Where any person engaged in connection with the collection of statistics under section 151 or compilation or computerisation thereof or if any officer of State tax having access to information specified under sub-section (1) of section 150, or if any person engaged in connection with the provision of service on the common portal or the agent of common portal, wilfully discloses any information or the contents of any return furnished under this Act or rules made thereunder otherwise than in execution of his duties under the said sections or for the purposes of prosecution for an offence under this Act or under any other Act for the time being in force, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to twenty five thousand rupees, or with both.
(2) Any person -
(a) who is a Government servant shall not be prosecuted for any offence under this section except with the previous sanction of the Government;
(b) who is not a Government servant shall not be prosecuted for any offence under this section except with the previous sanction of the Commissioner.
### 134. Cognizance of offences.
- No court shall take cognizance of any offence punishable under this Act or the rules made thereunder except with the previous sanction of the Commissioner, and no court inferior to that of a Magistrate of the First Class, shall try any such offence.
### 135. Presumption of culpable mental state.
- In any prosecution for an offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.
Explanation. - For the purposes of this section, -
(i) the expression "culpable mental state" includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact;
(ii) a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.
### 136. Relevancy of statements under certain circumstances.
- A statement made and signed by a person on appearance in response to any summons issued under section 70 during the course of any inquiry or proceedings under this Act shall be relevant, for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains,-
(a) when the person who made the statement is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or
(b) when the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justice.
### 137. Offences by Companies.
(1) Where an offence committed by a person under this Act is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of 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.
(2) Notwithstanding anything contained in subsection (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 negligence 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.
(3) Where an offence under this Act has been committed by a taxable person being a partnership firm or a Limited Liability Partnership or a Hindu Undivided Family or a trust, the partner or karta or managing trustee shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly and the provisions of sub-section (2) shall mutatis mutandis apply to such persons.
(4) Nothing contained in this section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
Explanation. - For the purposes of this section, -
(i) "company" means a body corporate and includes a firm or other association of individuals; and
(ii) "director", in relation to a firm, means a partner in the firm.
### 138. Compounding of offences.
(1) Any offence under this Act may, either before or after the institution of prosecution, be compounded by the Commissioner on payment, by the person accused of the offence, to the Central Government or the State Government, as the case may be, of such compounding amount in such manner as may be prescribed:
Provided that nothing contained in this section shall apply to -
(a) a person who has been allowed to compound once in respect of any of the offences specified in clauses (a) to (f) of sub-section (1) of section 132 and the offences specified in clause (l) which are relatable to offences specified in clauses (a) to (f) of the said subsection;
(b) a person who has been allowed to compound once in respect of any offence, other than those in clause (a), under this Act or under the provisions of any State Goods and Services Tax Act or the Central Goods and Services Tax Act or the Union Territory Goods and Services Tax Act or the Integrated Goods and Services Tax Act in respect of supplies of value exceeding one crore rupees;
(c) a person who has been accused of committing an offence under this Act which is also an offence under any other law for the time being in force;
(d) a person who has been convicted for an offence under this Act by a court;
(e) a person who has been accused of committing an offence specified in clause (g) or clause (j) or clause(k) of sub-section (1) of section 132; and
(f) any other class of persons or offences as may be prescribed:
Provided further that any compounding allowed under the provisions of this section shall not affect the proceedings, if any, instituted under any other law:
Provided also that compounding shall be allowed only after making payment of tax, interest and penalty involved in such offences.
(2) The amount for compounding of offences under this section shall be such as may be prescribed, subject to the minimum amount not being less than ten thousand rupees or fifty per cent. of the tax involved, whichever is higher, and the maximum amount not being less than thirty thousand rupees or one hundred and fifty per cent. of the tax, whichever is higher.
(3) On payment of such compounding amount as may be determined by the Commissioner, no further proceedings shall be initiated under this Act against the accused person in respect of the same offence and any criminal proceedings, if already initiated in respect of the said offence, shall stand abated.
Chapter XX
Transitional Provisions
---------------------------------------
### 139. Migration of existing taxpayers.
(1) On and from the appointed day, every person registered under any of the existing laws and having a valid Permanent Account Number shall be issued a certificate of registration on provisional basis, subject to such conditions and in such form and manner as may be prescribed, which unless replaced by a final certificate of registration under sub-section (2), shall be liable to be cancelled if the conditions so prescribed are not complied with.
(2) The final certificate of registration shall be granted in such form and manner and subject to such conditions as may be prescribed.
(3) The certificate of registration issued to a person under sub-section (1) shall be deemed to have not been issued if the said registration is cancelled in pursuance of an application filed by such person that he was not liable to registration under section 22 or section 24.
### 140. Transitional arrangements for input tax credit.
(1) A registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, credit of the amount of Value Added Tax, if any, carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished by him under the existing law in such manner as may be prescribed:
Provided that the registered person shall not be allowed to take credit in the following circumstances, namely: -
(i) where the said amount of credit is not admissible as input tax credit under this Act; or
(ii) where he has not furnished all the returns required under the existing law for the period of six months immediately preceding the appointed date:
Provided further that so much of the said credit as is attributable to any claim related to section 3, sub-section (3) of section 5, section 6, section 6A or sub-section (8) of section 8 of the Central Sales Tax Act, 1956 which is not substantiated in the manner, and within the period, prescribed in rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957 shall not be eligible to be credited to the electronic credit ledger:
Provided also that an amount equivalent to the credit specified in the second proviso shall be refunded under the existing law when the said claims are substantiated in the manner prescribed in rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957.
(2) A registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, credit of the unavailed input tax credit in respect of capital goods, not carried forward in a return, furnished under the existing law by him, for the period ending with the day immediately preceding the appointed day in such manner as may be prescribed:
Provided that the registered person shall not be allowed to take credit unless the said credit was admissible as input tax credit under the existing law and is also admissible as input tax credit under this Act.
Explanation. - For the purposes of this section, the expression "unavailed input tax credit" means the amount that remains after subtracting the amount of input tax credit already availed in respect of capital goods by the taxable person under the existing law from the aggregate amount of input tax credit to which the said person was entitled in respect of the said capital goods under the existing law.
(3) A registered person, who was not liable to be registered under the existing law or who was engaged in the sale of exempted goods or tax free goods, by whatever name called, under the existing law but which are liable to tax under this Act or where the person was entitled to the credit of input tax at the time of sale of goods, if any, shall be entitled to take, in his electronic credit ledger, credit of the value added tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day subject to the following conditions namely: -
(i) such inputs or goods are used or intended to be used for making taxable supplies under this Act;
(ii) the said registered person is eligible for input tax credit on such inputs under this Act;
(iii) the said registered person is in possession of invoice or other prescribed documents evidencing payment of tax under the existing law in respect of such inputs; and
(iv) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day:
Provided that where a registered person, other than a manufacturer or a supplier of services, is not in possession of an invoice or any other documents evidencing payment of tax in respect of inputs, then, such registered person shall, subject to such conditions, limitations and safeguards as may be prescribed, including that the said taxable person shall pass on the benefit of such credit by way of reduced prices to the recipient, be allowed to take credit at such rate and in such manner as may be prescribed.
(4) A registered person, who was engaged in the sale of taxable goods as well as exempted goods or tax free goods, by whatever name called, under the existing law but which are liable to tax under this Act, shall be entitled to take, in his electronic credit ledger,-
(a) the amount of credit of the value added tax, if any, carried forward in a return furnished under the existing law by him in accordance with the provisions of sub-section (1); and
(b) the amount of credit of the value added tax, if any, in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day, relating to such exempted goods or tax free goods, by whatever name called, in accordance with the provisions of sub-section (3).
(5) A registered person shall be entitled to take, in his electronic credit ledger, credit of value added tax, if any, in respect of inputs received on or after the appointed day but the tax in respect of which has been paid by the supplier under the existing law, subject to the condition that the invoice or any other tax paying document of the same was recorded in the books of account of such person within a period of thirty days from the appointed day:
Provided that the period of thirty days may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding thirty days:
Provided further that the said registered person shall furnish a statement, in such manner as may be prescribed, in respect of credit that has been taken under this sub-section.
(6) A registered person, who was either paying tax at a fixed rate or paying a fixed amount in lieu of the tax payable under the existing law shall be entitled to take, in his electronic credit ledger, credit of value added tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day subject to the following conditions, namely: -
(i) such inputs or goods are used or intended to be used for making taxable supplies under this Act;
(ii) the said registered person is not paying tax under section 10;
(iii) the said registered person is eligible for input tax credit on such inputs under this Act;
(iv) the said registered person is in possession of invoice or other prescribed documents evidencing payment of tax under the existing law in respect of inputs; and
(v) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day.
(7) The amount of credit under sub-sections (3), (4) and (6) shall be calculated in such manner as may be prescribed.
### 141. Transitional provisions relating to job work.
(1) Where any inputs received at a place of business had been despatched as such or despatched after being partially processed to a job-worker for further processing, testing, repair, reconditioning or any other purpose in accordance with the provisions of existing law prior to the appointed day and such inputs are returned to the said place on or after the appointed day, no tax shall be payable if such inputs, after completion of the job-work or otherwise, are returned to the said place within six months from the appointed day:
Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months:
Provided further that if such inputs are not returned within the period specified in this subsection, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142.
(2) Where any semi-finished goods had been despatched from the place of business to any other premises for carrying out certain manufacturing processes in accordance with the provisions of existing law prior to the appointed day and such goods (hereafter in this sub-section referred to as "the said goods") are returned to the said place on or after the appointed day, no tax shall be payable if the said goods, after undergoing manufacturing processes or otherwise, are returned to the said place within six months from the appointed day:
Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months:
Provided further that if the said goods are not returned within a period specified in this sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of subsection (8) of section 142:
Provided also that the person despatching the goods may, in accordance with the provisions of the existing law, transfer the said goods to the premises of any registered person for the purpose of supplying there from on payment of tax in India or without payment of tax for exports within the period specified in this sub-section.
(3) Where any goods had been despatched from the place of business without payment of tax for carrying out tests or any other process, to any other premises, whether registered or not, in accordance with the provisions of existing law prior to the appointed day and such goods, are returned to the said place of business on or after the appointed day, no tax shall be payable if the said goods, after undergoing tests or any other process, are returned to such place within six months from the appointed day:
Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months:
Provided further that if the said goods are not returned within the period specified in this subsection, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142:
Provided also that the person despatching the goods may, in accordance with the provisions of the existing law, transfer the said goods from the said other premises on payment of tax in India or without payment of tax for exports within the period specified in this sub-section.
(4) The tax under sub-sections (1), (2) and (3) shall not be payable, only if the person despatching the goods and the job-worker declare the details of the inputs or goods held in stock by the job-worker on behalf of the said person on the appointed day in such form and manner and within such time as may be prescribed.
### 142. Miscellaneous transitional provisions.
(1) Where any goods on which tax, if any, had been paid under the existing law at the time of sale thereof, not being earlier than six months prior to the appointed day, are returned to any place of business on or after the appointed day, the registered person shall be eligible for refund of the tax paid under the existing law where such goods are returned by a person, other than a registered person, to the said place of business within a period of six months from the appointed day and such goods are identifiable to the satisfaction of the proper officer:
Provided that if the said goods are returned by a registered person, the return of such goods shall be deemed to be a supply.
(2) (a)
where, in pursuance of a contract entered into prior to the appointed day, the price of any goods is revised upwards on or after the appointed day, the registered person who had sold such goods shall issue to the recipient a supplementary invoice or debit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this Act, such supplementary invoice or debit note shall be deemed to have been issued in respect of an outward supply made under this Act;
(b) where, in pursuance of a contract entered into prior to the appointed day, the price of any goods is revised downwards on or after the appointed day, the registered person who had sold such goods may issue to the recipient a credit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this Act such credit note shall be deemed to have been issued in respect of an outward supply made under this Act:
Provided that the registered person shall be allowed to reduce his tax liability on account of issue of the credit note only if the recipient of the credit note has reduced his input tax credit corresponding to such reduction of tax liability.
(3) Every claim for refund filed by any person before, on or after the appointed day for refund of any amount of input tax credit, tax, interest or any other amount paid under the existing law, shall be disposed of in accordance with the provisions of existing law and any amount eventually accruing to him shall be refunded to him in cash in accordance with the provisions of the said law:
Provided that where any claim for refund of the amount of input tax credit is fully or partially rejected, the amount so rejected shall lapse:
Provided further that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this Act.
(4) Every claim for refund filed after the appointed day for refund of any tax paid under the existing law in respect of the goods exported before or after the appointed day, shall be disposed of in accordance with the provisions of the existing law:
Provided that where any claim for refund of input tax credit is fully or partially rejected, the amount so rejected shall lapse:
Provided further that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this Act.
(5) Notwithstanding anything to the contrary contained in this Act, any amount of input tax credit reversed prior to the appointed day shall not be admissible as input tax credit under this Act.
(6) (a)
every proceeding of appeal, revision, review or reference relating to a claim for input tax credit initiated whether before, on or after the appointed day under the existing law shall be disposed of in accordance with the provisions of the existing law, and any amount of credit found to be admissible to the claimant shall be refunded to him in cash in accordance with the provisions of the existing law, and the amount rejected, if any, shall not be admissible as input tax credit under this Act:
Provided that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this Act;
(b) every proceeding of appeal, revision, review or reference relating to recovery of input tax credit initiated whether before, on or after the appointed day under the existing law shall be disposed of in accordance with the provisions of the existing law, and if any amount of credit becomes recoverable as a result of such appeal, revision, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act.
(7) (a)
every proceeding of appeal, revision, review or reference relating to any output tax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and if any amount becomes recoverable as a result of such appeal, revision, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act.
(b) every proceeding of appeal, revision, review or reference relating to any output tax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and any amount found to be admissible to the claimant shall be refunded to him in cash in accordance with the provisions of the existing law and the amount rejected, if any, shall not be admissible as input tax credit under this Act.
(8) (a)
where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day under the existing law, any amount of tax, interest, fine or penalty becomes recoverable from the person, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act;
(b) where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day under the existing law, any amount of tax, interest, fine or penalty becomes refundable to the taxable person, the same shall be refunded to him in cash under the said law, and the amount rejected, if any, shall not be admissible as input tax credit under this Act.
(9) (a)
where any return, furnished under the existing law, is revised after the appointed day and if, pursuant to such revision, any amount is found to be recoverable or any amount of input tax credit is found to be inadmissible, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act;
(b) where any return, furnished under the existing law, is revised after the appointed day but within the time limit specified for such revision under the existing law and if, pursuant to such revision, any amount is found to be refundable or input tax credit is found to be admissible to any taxable person, the same shall be refunded to him in cash under the existing law, and the amount rejected, if any, shall not be admissible as input tax credit under this Act.
(10) Save as otherwise provided in this Chapter, the goods or services or both supplied on or after the appointed day in pursuance of a contract entered into prior to the appointed day shall be liable to tax under the provisions of this Act.
(11) (a)
notwithstanding anything contained in section 12, no tax shall be payable on goods under this Act to the extent the tax was leviable on the said goods under the Puducherry Value Added Tax Act, 2007;
(b) notwithstanding anything contained in section 13, no tax shall be payable on services under this Act to the extent the tax was leviable on the said services under Chapter V of the Finance Act, 1994;
(c) where tax was paid on any supply, both under the Puducherry Value Added Tax Act, 2007 and under Chapter V of the Finance Act, 1994, tax shall be leviable under this Act and the taxable person shall be entitled to take credit of value added tax or service tax paid under the existing law to the extent of supplies made after the appointed day and such credit shall be calculated in such manner as may be prescribed.
(12) Where any goods sent on approval basis, not earlier than six months before the appointed day, are rejected or not approved by the buyer and returned to the seller on or after the appointed day, no tax shall be payable thereon if such goods are returned within six months from the appointed day:
Provided that the said period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months:
Provided further that the tax shall be payable by the person returning the goods if such goods are liable to tax under this Act, and are returned after the period specified in this sub-section:
Provided also that tax shall be payable by the person who has sent the goods on approval basis if such goods are liable to tax under this Act, and are not returned within the period specified in this subsection.
(13) Where a supplier has made any sale of goods in respect of which tax was required to be deducted at source under the Puducherry Value Added Tax Act, 2007 and has also issued an invoice for the same before the appointed day, no deduction of tax at source under section 51 shall be made by the deductor under the said section where payment to the said supplier is made on or after the appointed day.
(14) Where any goods or capital goods belonging to the principal are lying at the premises of the agent on the appointed day, the agent shall be entitled to take credit of the tax paid on such goods or capital goods subject to fulfilment of the following conditions:
(i) the agent is a registered taxable person under this Act;
(ii) both the principal and the agent declare the details of stock of goods or capital goods lying with such agent on the day immediately preceding the appointed day in such form and manner and within such time as may be prescribed in this behalf;
(iii) the invoices for such goods or capital goods had been issued not earlier than twelve months immediately preceding the appointed day; and
(iv) the principal has either reversed or not availed of the input tax credit in respect of such,-
(a) goods; or
(b) capital goods or, having availed of such credit, has reversed the said credit, to the extent availed of by him.
Explanation. - For the purposes of this Chapter, the expression "capital goods" shall have the same meaning as assigned to i t in the Puducherry Value Added Tax Act, 2007.
Chapter XXI
Miscellaneous
------------------------------
### 143. Job work procedure.
(1) A registered person (hereafter in this section referred to as the "principal") may, under intimation and subject to such conditions as may be prescribed, send any inputs or capital goods, without payment of tax, to a job-worker for job-work and from there subsequently send to another job-worker and likewise, and shall, -
(a) bring back inputs, after completion of jobwork or otherwise, or capital goods, other than moulds and dies, jigs and fixtures, or tools, within one year and three years, respectively, of their being sent out, to any of his place of business, without payment of tax;
(b) supply such inputs, after completion of jobwork or otherwise, or capital goods, other than moulds and dies, jigs and fixtures, or tools, within one year and three years, respectively, of their being sent out from the place of business of a jobworker on payment of tax within India, or with or without payment of tax for export, as the case may be:
Provided that the principal shall not supply the goods from the place of business of a job-worker in accordance with the provisions of this clause unless the said principal declares the place of business of the job-worker as his additional place of business except in a case -
(i) where the job-worker is registered under section 25; or
(ii) where the principal is engaged in the supply of such goods as may be notified by the Commissioner.
(2) The responsibility for keeping proper accounts for the inputs or capital goods shall lie with the principal.
(3) Where the inputs sent for job-work are not received back by the principal after completion of jobwork or otherwise in accordance with the provisions of clause (a) of sub-section (1) or are not supplied from the place of business of the job-worker in accordance with the provisions of clause (b) of sub-section (1) within a period of one year of their being sent out, it shall be deemed that such inputs had been supplied by the principal to the job-worker on the day when the said inputs were sent out.
(4) Where the capital goods, other than moulds and dies, jigs and fixtures, or tools, sent for job-work are not received back by the principal in accordance with the provisions of clause (a) of sub-section (1) or are not supplied from the place of business of the jobworker in accordance with the provisions of clause (b) of sub-section (1) within a period of three years of their being sent out, it shall be deemed that such capital goods had been supplied by the principal to the job-worker on the day when the said capital goods were sent out.
(5) Notwithstanding anything contained in subsections (1) and (2), any waste and scrap generated during the job-work may be supplied by the job-worker directly from his place of business on payment of tax, if such job-worker is registered, or by the principal, if the job-worker is not registered.
Explanation. - For the purposes of job-work, input includes intermediate goods arising from any treatment or process carried out on the inputs by the principal or the job-worker.
### 144. Presumption as to documents in certain cases.
- Where any document -
(i) is produced by any person under this Act or any other law for the time being in force; or
(ii) has been seized from the custody or control of any person under this Act or any other law for the time being in force; or
(iii) has been received from any place outside India in the course of any proceedings under this Act or any other law for the time being in force,
and such document is tendered by the prosecution in evidence against him or any other person who is tried jointly with him, the court shall -
(a) unless the contrary is proved by such person, presume -
(i) the truth of the contents of such document;
(ii) that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that person's handwriting, and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested;
(b) admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence.
### 145. Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence.
(1) Notwithstanding anything contained in any other law for the time being in force, -
(a) a micro film of a document or the reproduction of the image or images embodied in such micro film (whether enlarged or not); or
(b) a facsimile copy of a document; or
(c) a statement contained in a document and included in a printed material produced by a computer, subject to such conditions as may be prescribed; or
(d) any information stored electronically in any device or media, including any hard copies made of such information,
shall be deemed to be a document for the purposes of this Act and the rules made thereunder and shall be admissible in any proceedings thereunder, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.
(2) In any proceedings under this Act or the rules made there under , where it is desired to give a statement in evidence by virtue of this section, a certificate, -
(a) identifying the document containing the statement and describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer, shall be evidence of any matter stated in the certificate and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
### 146. Common Portal.
- The Government may, on the recommendations of the Council, notify the Common Goods and Services Tax Electronic Portal for facilitating registration, payment of tax, furnishing of returns, computation and settlement of integrated tax, electronic way bill and for carrying out such other functions and for such purposes as may be prescribed.
### 147. Deemed Exports.
- The Government may, on the recommendations of the Council, notify certain supplies of goods as "deemed exports", where goods supplied do not leave India, and payment for such supplies is received either in Indian rupees or in convertible foreign exchange, if such goods are manufactured in India.
### 148. Special procedure for certain processes.
- The Government may, on the recommendations of the Council, and subject to such conditions and safeguards as may be prescribed, notify certain classes of registered persons, and the special procedures to be followed by such persons including those with regard to registration, furnishing of return, payment of tax and administration of such persons.
### 149. Goods and services tax compliance rating.
(1) Every registered person may be assigned a goods and services tax compliance rating score by the Government based on his record of compliance with the provisions of this Act.
(2) The goods and services tax compliance rating score may be determined on the basis of such parameters as may be prescribed.
(3) The goods and services tax compliance rating score may be updated at periodic intervals and intimated to the registered person and also placed in the public domain in such manner as may be prescribed.
### 150. Obligation to furnish information return.
(1) Any person, being -
(a) a taxable person; or
(b) a local authority or other public body or association; or
(c) any authority of the State Government responsible for the collection of value added tax or sales tax or State excise duty or an authority of the Central Government responsible for the collection of excise duty or customs duty; or
(d) an income tax authority appointed under the provisions of the Income-tax Act, 1961; or
(e) a banking company within the meaning of clause (a) of section 45A of the Reserve Bank of India Act, 1934; or
(f) a State Electricity Board or an electricity distribution or transmission licensee under the Electricity Act, 2003, or any other entity entrusted with such functions by the Central Government or the State Government; or
(g) the Registrar or Sub-Registrar appointed under section 6 of the Registration Act, 1908; or
(h) a Registrar within the meaning of the Companies Act, 2013; or
(i) the registering authority empowered to register motor vehicles under the Motor Vehicles Act, 1988; or
(j) the Collector referred to in clause (c) of section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; or
(k) the recognised stock exchange referred to in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956; or
(l) a depository referred to in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996; or
(m) an officer of the Reserve Bank of India as constituted under section 3 of the Reserve Bank of India Act, 1934; or
(n) the Goods and Services Tax Network, a company registered under the Companies Act, 2013; or
(o) a person to whom a Unique Identity Number has been granted under sub-section (9) of section 25; or
(p) any other person as may be specified, on the recommendations of the Council, by the Government,
who is responsible for maintaining record of registration or statement of accounts or any periodic return or document containing details of payment of tax and other details of transaction of goods or services or both or transactions related to a bank account or consumption of electricity or transaction of purchase, sale or exchange of goods or property or right or interest in a property under any law for the time being in force, shall furnish an information return of the same in respect of such periods, within such time, in such form and manner and to such authority or agency as may be prescribed.
(2) Where the Commissioner, or an officer authorised by him in this behalf, considers that the information furnished in the information return is defective, he may intimate the defect to the person who has furnished such information return and give him an opportunity of rectifying the defect within a period of thirty days from the date of such intimation or within such further period which, on an application made in this behalf, the said authority may allow and if the defect is not rectified within the said period of thirty days or, the further period so allowed, then, notwithstanding anything contained in any other provisions of this Act, such information return shall be treated as not furnished and the provisions of this Act shall apply.
(3) Where a person who is required to furnish information return has not furnished the same within the time specified in sub-section (1) or sub-section (2), the said authority may serve upon him a notice requiring furnishing of such information return within a period not exceeding ninety days from the date of service of the notice and such person shall furnish the information return.
### 151. Power to collect statistics.
(1) The Commissioner may, if he considers that it is necessary so to do, by notification, direct that statistics may be collected relating to any matter dealt with by or in connection with this Act.
(2) Upon such notification being issued, the Commissioner, or any person authorised by him in this behalf, may call upon the concerned persons to furnish such information or returns, in such form and manner as may be prescribed, relating to any matter in respect of which statistics is to be collected.
### 152. Bar on disclosure of information.
(1) No information of any individual return or part thereof with respect to any matter given for the purposes of section 150 or section 151 shall, without the previous consent in writing of the concerned person or his authorised representative, be published in such manner so as to enable such particulars to be identified as referring to a particular person and no such information shall be used for the purpose of any proceedings under this Act.
(2) Except for the purposes of prosecution under this Act or any other Act for the time being in force, no person who is not engaged in the collection of statistics under this Act or compilation or computerisation thereof for the purposes of this Act, shall be permitted to see or have access to any information or any individual return referred to in section 151.
(3) Nothing in this section shall apply to the publication of any information relating to a class of taxable persons or class of transactions, if in the opinion of the Commissioner, it is desirable in the public interest to publish such information.
### 153. Taking assistance from an expert.
- Any officer not below the rank of Assistant Commissioner may, having regard to the nature and complexity of the case and the interest of revenue, take assistance of any expert at any stage of scrutiny, inquiry, investigation or any other proceedings before him.
### 154. Power to take samples.
- The Commissioner or an officer authorised by him may take samples of goods from the possession of any taxable person, where he considers it necessary, and provide a receipt for any samples so taken.
### 155. Burden of proof.
- Where any person claims that he is eligible for input tax credit under this Act, the burden of proving such claim shall lie on such person.
### 156. Persons deemed to be public servants.
- All persons discharging functions under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
### 157. Protection of action taken under this Act.
(1) No suit, prosecution or other legal proceedings shall lie against the President, State President, Members, officers or other employees of the Appellate Tribunal or any other person authorised by the said Appellate Tribunal for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
(2) No suit, prosecution or other legal proceedings shall lie against any officer appointed or authorised under this Act for anything which is done or intended to be done in good faith under this Act or the rules made thereunder.
### 158. Disclosure of information by a public servant.
(1) All particulars contained in any statement made, return furnished or accounts or documents produced in accordance with this Act, or in any record of evidence given in the course of any proceedings under this Act (other than proceedings before a criminal court), or in any record of any proceedings under this Act shall, save as provided in sub-section (3), not be disclosed.
(2) Notwithstanding anything contained in the Indian Evidence Act, 1872, no court shall, save as otherwise provided in sub-section (3), require any officer appointed or authorised under this Act to produce before it or to give evidence before it in respect of particulars referred to in sub-section (1).
(3) Nothing contained in this section shall apply to the disclosure of, -
(a) any particulars in respect of any statement, return, accounts, documents, evidence, affidavit or deposition, for the purpose of any prosecution under the Indian Penal Code or the Prevention of Corruption Act, 1988, or any other law for the time being in force; or
(b) any particulars to the Central Government or the State Government or to any person acting in the implementation of this Act, for the purposes of carrying out the objects of this Act; or
(c) any particulars when such disclosure is occasioned by the lawful exercise under this Act of any process for the service of any notice or recovery of any demand; or
(d) any particulars to a civil court in any suit or proceedings, to which the Government or any authority under this Act is a party, which relates to any matter arising out of any proceedings under this Act or under any other law for the time being in force authorising any such authority to exercise any powers thereunder; or
(e) any particulars to any officer appointed for the purpose of audit of tax receipts or refunds of the tax imposed by this Act; or
(f) any particulars where such particulars are relevant for the purposes of any inquiry into the conduct of any officer appointed or authorised under this Act, to any person or persons appointed as an inquiry officer under any law for the time being in force; or
(g) any such particulars to an officer of the Central Government or of any State Government, as may be necessary for the purpose of enabling that Government to levy or realise any tax or duty; or
(h) any particulars when such disclosure is occasioned by the lawful exercise by a public servant or any other statutory authority, of his or its powers under any law for the time being in force; or
(i) any particulars relevant to any inquiry into a charge of misconduct in connection with any proceedings under this Act against a practising advocate, a tax practitioner, a practising cost accountant, a practising chartered accountant, a practising company secretary to the authority empowered to take disciplinary action against the members practising the profession of a legal practitioner, a cost accountant, a chartered accountant or a company secretary, as the case may be; or
(j) any particulars to any agency appointed for the purposes of data entry on any automated system or for the purpose of operating, upgrading or maintaining any automated system where such agency is contractually bound not to use or disclose such particulars except for the aforesaid purposes; or
(k) any such particulars to an officer of the Government as may be necessary for the purposes of any other law for the time being in force; and
(l) any information relating to any class of taxable persons or class of transactions for publication, if, in the opinion of the Commissioner, it is desirable in the public interest, to publish such information.
### 159. Publication of information in respect of persons in certain cases.
(1) If the Commissioner, or any other officer authorised by him in this behalf, is of the opinion that it is necessary or expedient in the public interest to publish the name of any person and any other particulars relating to any proceedings or prosecution under this Act in respect of such person, it may cause to be published such name and particulars in such manner as it thinks fit.
(2) No publication under this section shall be made in relation to any penalty imposed under this Act until the time for presenting an appeal to the Appellate Authority under section 107 has expired without an appeal having been presented or the appeal, if presented, has been disposed of.
Explanation. - In the case of firm, company or other association of persons, the names of the partners of the firm, directors, managing agents, secretaries and treasurers or managers of the company, or the members of the association, as the case may be, may also be published if, in the opinion of the Commissioner, or any other officer authorised by him in this behalf, circumstances of the case justify it.
### 160. Assessment proceedings, etc., not to be invalid on certain grounds.
(1) No assessment, re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings done, accepted, made, issued, initiated, or purported to have been done, accepted, made, issued, initiated in pursuance of any of the provisions of this Act shall be invalid or deemed to be invalid merely by reason of any mistake, defect or omission therein, if such assessment, re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings are in substance and effect in conformity with or according to the intents, purposes and requirements of this Act or any existing law.
(2) The service of any notice, order or communication shall not be called in question, if the notice, order or communication, as the case may be, has already been acted upon by the person to whom it is issued or where such service has not been called in question at or in the earlier proceedings commenced, continued or finalised pursuant to such notice, order or communication.
### 161. Rectification of errors apparent on the face of record.
- Without prejudice to the provisions of section 160, and notwithstanding anything contained in any other provisions of this Act, any authority, who has passed or issued any decision or order or notice or certificate or any other document, may rectify any error which is apparent on the face of record in such decision or order or notice or certificate or any other document, either on its own motion or where such error is brought to its notice by any officer appointed under this Act or an officer appointed under the Central Goods and Services Tax Act or by the affected person within a period of three months from the date of issue of such decision or order or notice or certificate or any other document, as the case may be: Rectification of errors apparent on the face of record.
Provided that no such rectification shall be done after a period of six months from the date of issue of such decision or order or notice or certificate or any other document:
Provided further that the said period of six months shall not apply in such cases where the rectification is purely in the nature of correction of a clerical or arithmetical error, arising from any accidental slip or omission:
Provided also that where such rectification adversely affects any person, the principles of natural justice shall be followed by the authority carrying out such rectification.
### 162. Bar on jurisdiction of civil courts.
- Save as provided in sections 117 and 118, no civil court shall have jurisdiction to deal with or decide any question arising from or relating to anything done or purported to be done under this Act.
### 163. Levy of fee.
- Wherever a copy of any order or document is to be provided to any person on an application made by him for that purpose, there shall be paid such fee as may be prescribed.
### 164. Power of Government to make rules.
(1) The Government may, on the recommendations of the Council, by notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provisions are to be or may be made by rules.
(3) The power to make rules conferred by this section shall include the power to give retrospective effect to the rules or any of them from a date not earlier than the date on which the provisions of this Act come into force.
(4) Any rules made under sub-section (1) or sub-section (2) may provide that a contravention thereof shall be liable to a penalty not exceeding ten thousand rupees.
### 165. Power to make regulations.
- The Government may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.
### 166. Laying of rules, regulations and notifications.
- Every rule made by the Government, every regulation made by the Government and every notification issued by the Government under this Act, shall be laid, as soon as may be after it is made or issued, before the State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the State Legislature agrees in making any modification in the rule or regulation or in the notification, as the case may be, or the State Legislature agrees that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, 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 notification, as the case may be.
### 167. Delegation of powers.
- The Commissioner may, by notification, direct that subject to such conditions, if any, as may be specified in the notification, any power exercisable by any authority or officer under this Act may be exercisable also by another authority or officer as may be specified in such notification.
### 168. Power to issue instructions or directions.
- The Commissioner may, if he considers it necessary or expedient so to do for the purpose of uniformity in the implementation of this Act, issue such orders, instructions or directions to the State tax officers as it may deem fit, and thereupon all such officers and all other persons employed in the implementation of this Act shall observe and follow such orders, instructions or directions.
### 169. Service of notice in certain circumstances.
(1) Any decision, order, summons, notice or other communication under this Act or the rules made thereunder shall be served by any one of the following methods, namely:-
(a) by giving or tendering it directly or by a messenger including a courier to the addressee or the taxable person or to his manager or authorised representative or an advocate or a tax practitioner holding authority to appear in the proceedings on behalf of the taxable person or to a person regularly employed by him in connection with the business, or to any adult member of family residing with the taxable person; or
(b) by registered post or speed post or courier with acknowledgement due, to the person for whom it is intended or his authorised representative, if any, at his last known place of business or residence; or
(c) by sending a communication to his e-mail address provided at the time of registration or as amended from time to time; or
(d) by making it available on the common portal; or
(e) by publication in a newspaper circulating in the locality in which the taxable person or the person to whom it is issued is last known to have resided, carried on business or personally worked for gain; or
(f) if none of the modes aforesaid is practicable, by affixing it in some conspicuous place at his last known place of business or residence and if such mode is not practicable for any reason, then by affixing a copy thereof on the notice board of the office of the concerned officer or authority who or which passed such decision or order or issued such summons or notice.
(2) Every decision, order, summons, notice or any communication shall be deemed to have been served on the date on which it is tendered or published or a copy thereof is affixed in the manner provided in sub-section (1).
(3) When such decision, order, summons, notice or any communication is sent by registered post or speed post, it shall be deemed to have been received by the addressee at the expiry of the period normally taken by such post in transit unless the contrary is proved.
### 170. Rounding off of tax, etc.
- The amount of tax, interest, penalty, fine or any other sum payable, and the amount of refund or any other sum due, under the provisions of this Act shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise it shall be ignored.
### 171. Anti-profiteering measure.
(1) Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices.
(2) The Central Government may, on recommendations of the Council, by notification, constitute an Authority, or empower an existing Authority constituted under any law for the time being in force, to examine whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him.
(3) The Authority referred to in sub-section (2) shall exercise such powers and discharge such functions as may be prescribed.
### 172. Removal of difficulties.
(1) If any difficulty arises in giving effect to any provisions of this Act, the Government may, on the recommendations of the Council, by a general or a special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be, after it is made, before the State Legislature.
### 173. Amendment of certain Acts.
- Save as otherwise provided in this Act, on and from the date of commencement of this Act,-
(1) in the Puducherry Municipalities Act, 1973, -
(a) in section 118, in sub-section (1), in clause (a), sub-clause (iii) shall be omitted;
(b) sections 152, 153, 154, 155, 156 and 157 shall be omitted; and
(c) schedule-VII appended to the Act shall be omitted.
(2) Save as otherwise provided in this Act , on and from the date of commencement of this Act , the provisions , under any State law, authorizing levy and collect ion of taxes or cess or surcharge by the Government or a Municipality or a Commune Panchayat or any other author ity shall stand annul led or rescinded or modified in as much as and to the extent such taxes are the subject matter of Entry 52, Entry 54, Entry 55 and Entry 62 of the State List of the Seventh Schedule of the Constitution, as amended by the Constitution (One Hundredth and First Amendment) Act, 2016.
### 174. Repeal and saving.
(1) Save as otherwise provided in this Act, on and from the date of commencement of this Act,
(i) The Puducherry Value Added Tax Act, 2007, except in respect of goods included in the Entry 54 of the State List of the Seventh Schedule to the Constitution, and
(ii) The Puducherry Sugarcane Development and Levy of Cess Act, 1965,
(hereafter referred to as the repealed Acts) are hereby repealed.
(2) The repeal of the said Acts and the amendment of the Act specified in section 173 (hereafter referred to as "such amendment" or "amended Act", as the case may be) to the extent mentioned in sub-section (1) or section 173 shall not-
(a) revive anything not in force or existing at the time of such amendment or repeal; or
(b) affect the previous operation of the amended Acts or repealed Acts and orders or anything duly done or suffered thereunder; or
(c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended Acts or repealed Acts or orders under such repealed or amended Acts:
Provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or
(d) affect any tax, surcharge, penalty, fine, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended Acts or repealed Acts; or
(e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such tax, surcharge, penalty, fine, interest, right, privilege, obligation, liability, forfeiture or punishment, as aforesaid, and any such investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and other legal proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these Acts had not been so amended or repealed; or
(f) affect any proceedings including that relating to an appeal, revision, review or reference, instituted before, on or after the appointed day under the said amended Acts or repealed Acts and such proceedings shall be continued under the said amended Acts or repealed Acts as if this Act had not come into force and the said Acts had not been amended or repealed.
(3) Notwithstanding anything contained in this section, any action or proceedings already initiated by invoking the powers vested under section 81 of the Puducherry Value Added Tax Act, 2007 shall continue to be valid till the final disposal of the proceedings.
(4) The mention of the particular matters referred to in section 173 and sub-section (1) shall not be held to prejudice or affect the general application of section 2 of the Puducherry General Clauses Act, 1965 with regard to the effect of repeal.
I
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[See section 7]
Activities to be Treated as Supply even if made without Consideration
### 1. Permanent transfer or disposal of business assets where input tax credit has been availed on such assets. ###
2. Supply of goods or services or both between related persons or between distinct persons as specified in section 25, when made in the course or furtherance of business:
Provided that gifts not exceeding fifty thousand rupees in value in a financial year by an employer to an employee shall not be treated as supply of goods or services or both.
### 3. Supply of goods - (a) by a principal to his agent where the agent undertakes to supply such goods on behalf of the principal; or
(b) by an agent to his principal where the agent undertakes to receive such goods on behalf of the principal.
### 4. Import of services by a taxable person from a related person or from any of his other establishments outside India, in the course or furtherance of business. II
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[See section 7]
Activities to be Treated as Supply of Goods or Supply of Services
### 1. Transfer (a) any transfer of the title in goods is a supply of goods;
(b) any transfer of right in goods or of undivided share in goods without the transfer of title thereof, is a supply of services;
(c) any transfer of title in goods under an agreement which stipulates that property in goods shall pass at a future date upon payment of full consideration as agreed, is a supply of goods.
### 2. Land and Building (a) any lease, tenancy, easement, licence to occupy land is a supply of services;
(b) any lease or letting out of the building including a commercial, industrial or residential complex for business or commerce, either wholly or partly, is a supply of services.
### 3. Treatment or process Any treatment or process which is applied to another person's goods is a supply of services.
### 4. Transfer of business assets (a) where goods forming part of the assets of a business are transferred or disposed of by or under the directions of the person carrying on the business so as no longer to form part of those assets, whether or not for a consideration, such transfer or disposal is a supply of goods by the person;
(b) where, by or under the direction of a person carrying on a business, goods held or used for the purposes of the business are put to any private use or are used, or made available to any person for use, for any purpose other than a purpose of the business, whether or not for a consideration, the usage or making available of such goods is a supply of services;
(c) where any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him shall be deemed to be supplied by him in the course or furtherance of his business immediately before he ceases to be a taxable person, unless -
(i) the business is transferred as a going concern to another person; or
(ii) the business is carried on by a personal representative who is deemed to be a taxable person.
### 5. Supply of services The following shall be treated as supply of services, namely: -
(a) renting of immovable property;
(b) construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier.
Explanation. - For the purposes of this clause -
(1) the expression "competent authority" means the Government or any authority authorised to issue completion certificate under any law for the time being in force and in case of non-requirement of such certificate from such authority, from any of the following, namely:-
(i) an architect registered with the Council of Architecture constituted under the Architects Act, 1972; or
(ii) a chartered engineer registered with the Institution of Engineers (India); or
(iii) a licensed surveyor of the respective local body of the city or town or village or development or planning authority;
(2) the expression "construction" includes additions, alterations, replacements or remodeling of any existing civil structure;
(c) temporary transfer or permitting the use or enjoyment of any intellectual property right;
(d) development, design, programming, customisation, adaptation, upgradation, enhancement, implementation of information technology software;
(e) agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act; and
(f) transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration.
### 6. Composite supply The following composite supplies shall be treated as a supply of services, namely: -
(a) works contract as defined in clause (119) of section 2; and
(b) supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration.
### 7. Supply of Goods The following shall be treated as supply of goods, namely: -
Supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration.
III
-----
[See section 7]
Activities or Transactions which shall be Treated neither as a Supply of Goods nor
A Supply Of Services
### 1. Services by an employee to the employer in the course of or in relation to his employment. ###
2. Services by any court or Tribunal established under any law for the time being in force.
### 3. (a) the functions performed by the Members of Parliament, Members of State Legislature, Members of Panchayats, Members of Municipalities and Members of other local authorities;
(b) the duties performed by any person who holds any post in pursuance of the provisions of the Constitution in that capacity; or
(c) the duties performed by any person as a Chairperson or a Member or a Director in a body established by the Central Government or a State Government or local authority and who is not deemed as an employee before the commencement of this clause.
### 4. Services of funeral, burial, crematorium or mortuary including transportation of the deceased. ###
5. Sale of land and, subject to clause (b) of paragraph 5 of schedule II, sale of building.
### 6. Actionable claims, other than lottery, betting and gambling. Explanation. - For the purposes of paragraph 2, the term "court" includes District Court, High Court.
|
65b8f574ab84c7eca86e80f4 | acts |
State of Karnataka - Act
--------------------------
Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972
------------------------------------------------------------------------------------------------------------------
KARNATAKA
India
Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972
==================================================================================================================
Act 16 of 1973
----------------
* Published on 2 December 1972
* Commenced on 2 December 1972
Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972
(Karnataka Act
No. 16 of 1973
)
Last Updated 13th December, 2019
Statement of Objects and Reasons - (Act
16 of 1973
). - Separate law is being made to declare that flats or apartments in multistoreyed building may, for all purposes, be heritable and transferable immovable property. Owners of such flats or apartments enjoy exclusive ownership of their flats or apartments while retaining an undivided interest in the common areas and facilities which are to be used and owned by all such owners jointly.
An enterprising individual or group of individuals may either construct out of his or their own funds multistoreyed buildings consisting of a number of self contained flats or apartments and sell them to individuals on ownership basis, or construct such buildings after collecting contributions from intending purchasers of such flats or apartments.
In the interest of the intending purchasers who advance funds it is necessary to regulate the construction, sale, management and transfer of flats or apartments by individuals or group of individuals who construct such multistoreyed buildings.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 2-12-1972 as No. 580.)
(First published in the [Karnataka Gazette]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
Extraordinary on the Twenty-third day of July, 1973)
(Received the assent of the President on the Twenty-ninth day of June, 1973)
An Act to regulate in the [State of Karnataka]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
the promotion of the construction of, the sale and management and the transfer of flats on ownership basis.
Whereas it is expedient to make provision for the regulation of the promotion of the construction, sale and management and transfer of flats taken on ownership basis in the [State of Karnataka]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
;
Be it enacted by the [Karnataka]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
State Legislature 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 [Karnataka]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such [date]
[Act came into force on 01.04.1975 by notification. Text of the notification is at the end of the Act.]
as the State Government may, by notification in the official Gazette, appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) 'flat' means a separate and self-contained set of premises used or intended to be used for residence or office or show-room or shop or godown (and includes a garage), the premises forming part of a building;
Explanation. - Notwithstanding that provision is made for sanitary, washing, bathing or other conveniences as common to two or more sets of premises, the premises shall be deemed to be separate and self-contained;
(b) 'prescribed' means prescribed by rules made under this Act;
(c) 'promote' means a person who constructs or causes to be constructed a block or building of flats or apartments for the purpose of selling some or all of them to other persons or to a company, co-operative society or other association of persons and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both;
(d) 'Registrar' means the Registrar as defined in the Karnataka Co-operative Societies Act, 1959 or, as the case may be, in the Companies Act, 1956;
(e) 'to construct a block or building of flats' includes to convert a building or part thereof into flats.
### 3. General liabilities of promoter.
(1) Notwithstanding anything contained in any other law, a promoter who intends to construct or constructs a block or building of flats, all or some of which are to be taken or are taken on ownership basis, shall in all transactions with persons intending to take or taking one or more of such flats, be liable to give or produce or cause to be given or produced the information and the documents hereinafter in this section mentioned.
(2) A promoter, who constructs or intends to construct such block or building of flats, shall, -
(a) make full and true disclosure of the nature of his title to the land on which the flats are constructed, or are to be constructed; such title to the land as aforesaid having been duly certified by an Advocate of not less than seven years standing;
(b) make full and true disclosure of all encumbrances on such land, including any right, title, interest or claim of any party in or over such land;
(c) allow inspection on reasonable notice of the plans and specifications of the building built or to be built on the land; such plans and specifications having been approved by the local authority which he is required so to do under any law for the time being in force;
(d) disclose the nature of fixtures, fittings and amenities (including the provision for one or more lifts) provided or to be provided;
(e) disclose on reasonable notice or demand if the promoter is himself the builder, the prescribed particulars as respects the design and the materials to be used in the construction of the building and if the promoter is not himself the builder disclose, on such notice or demand, all agreements (and where there is no written agreement, the details of all agreements) entered into by him with the architects and contractors regarding the design, materials and construction of the building;
(f) specify in writing the date by which possession of the flat is to be handed over;
(g) prepare and maintain a list of flats with their numbers already taken or agreed to be taken and the names and addresses of the parties and the price charged or agreed to be charged therefor, and the terms and conditions if any on which the flats are taken or agreed to be taken;
(h) state in writing, the precise nature of the organisation of persons to be constituted and to which title is to be passed, and the terms and conditions governing such organisation of persons who have taken or are to take the flats;
(i) not allow persons to enter into possession until a completion certificate where such certificate is required to be given under any law, is duly given to the local authority;
(j) make a full and true disclosure of all outgoings (including ground rent if any, municipal or other local taxes, taxes on income, water charges and electricity charges, revenue assessment, interest on any mortgage or other encumbrances, if any);
(k) make a full and true disclosure of such other information and documents in such manner as may be prescribed and give or demand true copies of such of the documents referred to in any of the clauses of this sub-section as may be prescribed at a reasonable charge therefor.
### 4. Promoter before accepting advance payment or deposit to enter into agreement and agreement to be registered.
- Notwithstanding anything contained in any other law a promoter who intends to construct or constructs a block or building of flats, all or some of which are to be taken or are taken on ownership basis, shall, before he accepts any sum of money as advance payment or deposit, which shall not be more than twenty per cent of the sale price, enter into a written agreement for sale with each of such persons who are to take or have taken such flats, and the agreement shall be registered under the Registration Act, 1908 and such agreement shall contain the prescribed particulars; and to such agreement there shall be attached such documents or copies thereof, in respect of such matters, as may be prescribed.
### 5. Promoter to maintain separate account of sums taken as advance or deposit and to be trustee therefor and disburse them for purposes for which given.
- The promoter shall maintain a separate account in any bank of sums taken by him, from persons intending to take or who have taken flats, as advance or deposit, including any sums so taken towards the share capital for the formation of a co-operative society or a company, or towards the outgoings (including ground rent, if any, municipal or other local taxes, taxes on income, water charges, electricity charges, revenue assessment, interest on any mortgage or other encumbrances, if any); and he shall hold the said moneys for the purposes for which they were given and shall disburse the moneys for those purposes, and shall on demand in writing by an officer appointed by a general or special order by the State Government for the purpose, make full and true disclosure of all transactions in respect of that account.
### 6. Responsibility for payment of outgoings till property is transferred.
- A promoter shall, while he is in possession and where he collects from persons who have taken over flats or are to take over flats sums for the payment of outgoings even thereafter, pay all outgoings (including ground rent, municipal or other local taxes, taxes on income, water charges, electricity-charges, revenue assessment, interest on any mortgage or other encumbrances, if any), until he transfers the property to the persons taking over the flats, or to the organisation of any such persons.
### 7. After plans and specifications are disclosed no alterations or additions without consent of persons who have agreed to take the flats; and defects noticed within a year to be rectified.
(1) After the plans and specifications of the building, as approved by the local authority as aforesaid, are disclosed or furnished to the person who agrees to take one or more flats, the promoter shall not make,-
(i) any alterations in the structures described therein in respect of the flat or flats which are agreed to be taken, without the previous consent of that person; or
(ii) any other alterations in the structure of the building, or construct any additional structures, without the previous consent of all the persons who have agreed to take the flats.
(2) Subject to the provisions of sub-section (1), the building shall be constructed and completed in accordance with the plans and specifications aforesaid.
(3) If any defect in the building or material used, or if any unauthorised change in the construction is brought to the notice of the promoter within a period of one year from the date of handing over possession, it shall wherever possible, be rectified by the promoter without further charge to the persons who have agreed to take the flats, and in other cases such persons shall be entitled to receive reasonable compensation for such defect or change.
(4) Where there is a dispute as regards any defect in the building or material used, or any unauthorised change in the construction or as to whether it is reasonably possible for the promoter to rectify any such defect or change or as regards the amount of reasonable compensation payable in respect of any such defect or change which cannot be, or is not, rectified by the promoter the matter shall, on payment of such fee as may be prescribed, be referred for decision to such officer not lower in rank than a Superintending Engineer as the State Government may by general or special order specify in this behalf, within a period of two years from the date of handing over possession. Such officer shall after such enquiry as he deems necessary, record his decision, which shall be final.
### 8. Refund of amount paid with interest for failure to give possession within specified time or further time allowed.
- If, -
(a) the promoter fails to give possession in accordance with the terms of his agreement of a flat duly completed by the date specified, or any further date or dates agreed to by the parties; or
(b) the promoter for reasons beyond his control and of his agents, is unable to give possession of the flat by the date specified, or the further agreed date and a period of three months thereafter, or a further period of three months if those reasons still exist,
then, in any such case, the promoter shall be liable on demand (but without prejudice to any other remedies to which he may be liable) to refund the amounts already received by him in respect of the flat (with simple interest at nine per cent per annum from the date he received the sums till the date the amounts and interest thereon is refunded), and the amounts and the interest shall be a charge on the land and the construction, if any, thereon in which the flat is or was to be constructed to the extent of the amount due, but subject to any prior encumbrances.
### 9. No mortgage etc., to be created without consent of parties after execution of agreement for sale.
- No promoter shall, after he executes an agreement to sell any flat, mortgage or create a charge on the flat or the land, without the previous consent in writing of the persons who take or agree to take the flats, and if any such mortgage or charge is made or created without such previous consent after the agreement referred to in section 4 is registered, it shall not affect the right and interest of such persons.
### 10. Promoter to take steps for formation of co-operative society or company.
(1) As soon as a minimum number of persons required to form a co-operative society or a company have taken flats, the promoter shall within the prescribed period submit an application to the Registrar for registration of the organisation of persons who take the flats as a co-operative society, or as the case may be, as a company; and the promoter shall join, in respect of the flats which have not been taken, in such application for membership of a co-operative society or as the case may be, of a company.
(2) Nothing in sub-section (1) shall affect the right of the promoter to dispose of the remaining flats in accordance with the provisions of this Act.
### 11. Promoter to convey title, etc., and execute documents, according to agreement.
- A promoter shall take all necessary steps to complete his title and convey to the organisation of persons, who take flats, which is registered either as a co-operative society or as a company as aforesaid, or to an association of flat-takers his right, title and interest in the land and building and execute all relevant documents therefor in accordance with the agreement executed under section 4 and if no period for the execution of the conveyance is agreed upon, he shall execute the conveyance within the prescribed period and also deliver all documents of title relating to the property which may be in his possession or power.
### 12. General liabilities of a person who takes a flat.
(1) Every person who has executed an agreement to take a flat shall pay at the proper time and place, the price, the municipal taxes, water and electricity charges, ground rent (if any), and other public charges payable in respect of the flat taken by him and where a co-operative society or a company of persons taking the flats is to be constituted co-operate in the formation of such society or company as the case may be.
(2) Any person who has executed an agreement to take a flat and who, without reasonable excuse fails to comply with or contravenes sub-section (1) shall, on conviction, be punished with fine which may extend to one thousand rupees.
### 13. Manager not to cut off, with-hold, curtail or reduce essential supply or service.
(1) No person, who is a promoter, or who is in charge of management or connected with the management of a block or building of flats whether as member of a managing committee, Director, Secretary or otherwise, or is responsible for the maintenance thereof (hereinafter in this section referred to as "the manager"), shall, without just and sufficient cause, either by himself or through any person, cut off, with-hold or in any manner curtail or reduce, any essential supply or service enjoyed by the person who has taken a flat (or by any person in occupation thereof through or under him) in respect of the flat taken, or agreed to be taken by him.
(2) The person who has taken or agreed to take the flat or the occupier may, if the manager has contravened the provisions of sub-section (1), make an application to the Court for a direction to restore such supply or service.
(3) If the Court on enquiry finds that the applicant or the person through or under whom he is in occupation has been in enjoyment of the essential supply or service and that it was cut off or with-held or curtailed or reduced by the manager without just and sufficient cause, the Court shall make an order directing the manager to restore such supply or service before a date to be specified in the order.
(4) The Manager who fails to restore the supply or service before the date so specified, shall for each day during which the default continues thereafter be liable upon a further direction by the Court to that effect, to fine which may extend to one hundred rupees.
(5) Notwithstanding anything contained in any law for the time being in force,-
(a) in any area for which a Court of Small Causes is established under the Karnataka Small Causes Courts Act 1964, that Court; and
(b) elsewhere, the Court of the Civil Judge, shall have jurisdiction to decide any application made under sub-section (2) of and no other court shall have jurisdiction to entertain such application. No appeal shall lie from any order made on such application.
(6) The District Court, may, for the purpose of satisfying itself that the order made on an application made under sub-section (2) was according to law, call for the case in which such order was made and pass such order with respect thereto as it thinks fit.
(7) Any manager who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both.
(8) An offence under sub-section (7) shall be a cognizable offence.
Explanation I. - In this section, essential supply or service includes the supply of water, electricity lights in passages and on stair cases, lifts and conservancy or sanitary service.
Explanation II. - For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the manager on account of which the essential supply or service is cut off by the local authority or any other competent authority.
### 14. Offences by promoter.
- Any promoter who, without reasonable excuse, fails to comply with or contravenes any provisions of this Act or of any rule made thereunder shall (where no other penalty is expressly provided for) on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees, or with both; and a promoter who commits criminal breach of trust of any amount advanced or deposited with him for the purposes mentioned in section 5 shall, on conviction be punished with imprisonment for a term which may extend to four years, or with fine, or with both.
### 15. Offences by Companies.
(1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of business by 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 such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act, has been committed with the consent or connivance of, or is attributable to any negligence 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,-
(a) 'company' means a body corporate and includes a firm or other association of individuals; and
(b) 'director' in relation to a firm means a partner in the firm.
### 16. Power to make rules.
(1) The State Government may, subject to the condition of previous publication, by notification in the official Gazette, 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 particulars as respects the design and the materials to be used in the construction of the building and the other information and documents to be disclosed, the manner in which discloser to be made and the documents of which true copies shall be given by the promoter;
(b) the particulars to be contained in the agreement for sale and the documents or copies thereof to be attached to such agreement;
(c) the period within which the promoter shall submit an application for registration of a co-operative society or a company;
(d) the period within which the promoter shall execute the conveyance;
(e) any other matter which has to be, or may be, prescribed under this Act.
(3) 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 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 on which the modification or annulment is notified by the State Government 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 under that rule.
### 17. Act to be in addition to Transfer of Property Act and to over-ride contract to the contrary.
- The provisions of this Act, except where otherwise provided, shall be in addition to the provisions of the Transfer of Property Act, 1882, and shall take effect notwithstanding anything to the contrary contained in any contract.
### 18. Act not to apply to the State Government, Housing Board, etc.
- Nothing contained in this act shall apply to the State Government or to the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963) or to the Board of Trustees for the Improvement of the City of Mysore constituted under the City of Mysore Improvement Act, 1903 (Mysore Act 3 of 1903) or to the Board of Trustees for the Improvement of the City of Bangalore constituted under the City of Bangalore Improvement Act, 1945 (Mysore Act 5 of 1945).
Notifications
Bangalore, dated 6th March 1975 [No. FD 27 KHB 75]
S.O. 753. - In exercise of the powers conferred under sub-section (3) of section 1 of the Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 (Karnataka Act
No. 16 of 1973
), the Government of Karnataka hereby appoints the first day of April 1975 as the date on which the said Act shall come into force.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2c (ii) dated 10-3-1975 as No. 806.)
|
65b92dedab84c7eca86e884e | acts |
State of Odisha - Act
-----------------------
The Bengal Embankment Act, 1855
---------------------------------
ODISHA
India
The Bengal Embankment Act, 1855
=================================
Act 32 of 1885
----------------
* Published on 1 January 1885
* Commenced on 1 January 1885
The Bengal Embankment Act, 1855
Bengal Act
No. 32 of 1885
An Act relating to embankments
Preamble. - Whereas the Regulations now in 'force' for the maintenance embankments in the territories under the Government of the Lieutenant-Governor of Bengal have been found ineffectual for the intended purposes thereof ; and whereas it is desirable that provision should be made for the better supervision and protection of the same it is enacted as follows:
### 1. [\* \* \*]
### 2. "Embankment" defined.
- The word "embankment" in this Act means an embankment for the purpose of excluding or retaining water; and every embankment which is now kept up, or may hereafter be kept up, by the officers of the Crown at the expense either of the Crown or of any private person, is a public embankment within the meaning hereof.
### 3. Superintendent of Embankments.
- The Superintendence of the public embankments shall be entrusted, subject to the general orders of the Provincial Government, to all officer who shall be called the Superintendent of Embankments.
### 4. ###
1. Charge of embankment connecting public embankments, etc. - The Superintendent of Embankments may cause any Embankment which connects public embankments, or forms by junction with them part of a line of embankments, or is necessary for the protection of the neighbouring country, to be taken charge of and kept up by the officers of the Crown.
### 2. Removing private embankment endangering public one - He may also cause any private embankment, which endangers the stability of a public embankment, or obstructs the beneficial drainage of the country, to be removed. ###
3. Changing line of embankment or making new one - He may also, when necessary, charge the line of any public embankment, or make a new embankment.
### 4. Enlarging embankment, etc. - He may also enlarge any public embankment, and do all acts necessary and proper for the maintenance thereof. ###
5.
### 1. Notice to Collector before taking charge, etc. - Before the Superintendent shall cause any of the works mentioned in the first three clauses of the next preceding section to be executed, he shall give notice in writing to the Collector of the district of his intention so to do. Issue of proclamation - Upon the receipt of such notice the Collector shall cause a proclamation to be issued, incorporating the substance of the notice, and calling upon all persons interested, who may be desirous of showing cause against the execution of such works, to appear before him on a certain day to be named therein.
### 2. Publication of proclamation - The proclamation shall be published by affixing the same in the cutcherry of the Collector, the mal cutcherry (if any) of the estate on which the works are intended to be executed, and on some conspicuous spot in the neighbourhood thereof. The proclamation shall be published not less than fifteen days before the day appointed for hearing the parties interested.
### 3. Procedure on appearance of parties - The Collector shall hear the objections of any parties who may appear, and, after recording any evidence which they may adduce, shall communicate the objections that may be made, together with his opinion thereon, to the Superintendent-of Embankments. If the Superintendent agrees in opinion with the Collector, he shall pass an order accordingly.
If he differ from the Collector, the case shall be referred to the Commissioner of Revenue, who shall pass such orders thereon as he may deem fit.
### 4. Appeal from orders of Superintendent and Commissioner - Every such order passed by the Superintendent shall be appealable to the Commissioner of Revenue, and every order of the Commissioner shall be appealable to the Board of Revenue ; but no appeal shall lie against any order passed under this section, unless the same be presented within one month form the date of the order. ###
5. Order not open to revision by civil Court - Subject to the right of appeal above-mentioned and to the orders and control of the Provincial Government, every order passed under this section shall be final and shall not be open to revision by any Civil Court, and shall be conclusive as to the necessity of any works ordered to be executed.
### 6. Charging cost of maintaining private embankments in charge of officers of the Crown.
(1) Whenever the Superintendent of Embankments shall hereafter cause an embankment which any person is bound to keep up or by which any person is benefited, to be taken charge of by the officers of the Crown, the expenses of keeping up such embankment shall, in the first instance, be charged to the person who is bound to keep it up and, in the absence of any such person, to the person who is benefited :
Proviso - Provided that the amount so charged shall not exceed the reasonable expenses of keeping up an embankment in the original size and description, notwithstanding that the embankment shall have been enlarged or improved by the officers of the Crown.
Explanation - A person who would sustain loss or damage if the embankment is kept out of repairs shall be deemed to be a person who is benefited by the embankment.
(2) (a)
The Collector shall decide any dispute as regards the persons who are bound to keep up an embankment and also as regards the apportionment of the expenses of keeping up such embankment amongst those persons.
(b) If two or more persons are benefited by an embankment, the Collector shall apportion the expenses of keeping up such embankment amongst the persons so benefited.
(c) When an apportionment is made by the Collector either under Clause (a) or (b) of this sub-section, the liability of every such person as aforesaid shall be limited to the sum as apportioned against him and the Collector may, while apportioning the sums against those persons, further direct that the sums may be paid by instalments subject to such conditions as he may impose.
Every decision of the Collector under Sub-section (2) shall be appealable-
(a) to the Revenue Commissioner if passed by the Collector of the district; and
(b) to the Collector of the district, if passed by a Deputy Collector or any other officer exercising the powers of a Collector :
Provided that no appeal shall lie unless it is presented within thirty days from the date of the decision.
### 7. ###
1. Compensation for damages. - When the Superintendent of the Embankments shall enlarge or change the line of any embankment, or make a new embankment, or cause an embankment to be removed, any person sustaining damages thereby, who, but for the passing of this Act, would be entitled to compensation, may prefer his claim for such compensation to the Collector of the district, at any time within twelve months after the execution of the work by which he is endamaged, and the Collector thereupon shall report the case for the orders of the superior Revenue authorities.
If the claim be rejected, the claimant shall not be deprived, by reason of this Act, of any right which he might otherwise have had to recover such compensation by a civil action; but such action shall not lie unless the claimant shall have first preferred his claim to the Collector within the period above-mentioned, nor unless the suit be brought within a period of one year after notice to the claimant of its rejection.
If the claim for compensation be admitted by the Revenue authorities, and the amount of compensation cannot be agreed upon, the same shall be settled by arbitration, in the manner hereinafter provided, and in no other manner, unless by the consent of the claimant and of the superior Revenue authorities.
### 2. Appointment of arbitrator. - Unless the Collector and the claimant concur in the appointment of a single arbitrator, the Collector on the part of Government, and the claimant shall each appoint an arbitrator. The appointment shall be in writing, and neither of the said parties shall have power to revoke the same without the consent of the other.
### 3. Arbitrator how chosen when there are several claimants for compensation. - If there be several claimants for compensation in respect to the same injury, and they cannot agree in the appointment of an arbitrator on their behalf, in that case each of them may nominate one person and the Collector shall choose by lot out of the person so nominated by the parties or any of them a person to act as arbitrator on behalf of the claimants. If only one person shall be so nominated, he shall be the arbitrator on behalf of the claimants.
### 4. Appointment of third arbitrator. - When more than a single arbitrator shall be appointed the arbitrators shall, before they enter upon the matters referred to them, nominate and appoint by writing a third person to act with them as arbitrator; and, in case the arbitrators shall neglect to appoint such third arbitrator for a period of seven days after having been required so to do, the Collector may appoint such third arbitrator. If the arbitrators differ in opinion, or if one of them, having received due notice of a meeting of arbitrators, neglect to attend, any two arbitrators may make an award.
### 5. Appointment in place of arbitrator not acting. - If any person on being appointed an arbitrator shall refuse to act, or after accepting the appointment shall die or become incapable of acting, another person shall be appointed in his stead, in the same manner in which the first person was appointed. ###
6. Collector empowered to enforce attendance of arbitrators. - After the arbitrators have accepted the appointment, the Collector shall be competent to exercise towards them such powers and authority, for securing their attendance and the due completion of their award, as the said Collector may legally exercise towards witness summoned before him when acting judicially for the purposes of compelling them to attend and give evidence.
### 7. In default of award within specified period, fresh arbitrators may be chosen. - If no award to made within a period so fixed for that purpose by the Collector, he may order that the matter shall be referred to another arbitrator or other arbitrators, to be chosen in the same manner and subject to the same rules as the first. ###
8.
Collector to furnish information to arbitrators, and to enforce attendance and examination of witnesses, etc. - The Collector shall furnish to the arbitrators, or, so far as may be in his power, procure for them, any information which his records or those of any public department may afford connected with the subject of inquiry.
He shall, on the application of the arbitrators, summon any witnesses whom the arbitrators may call for, and whom the parties may not be able to produce before them without such process, and require the persons so summoned to bring and produce before them all such books, papers, deeds, writings, maps and plans as they shall require.
He shall also cause the proper affirmation to be made and signed by any witness whom the arbitrators may desire to examine upon affirmation, or he may empower the arbitrators to cause such affirmation to be made and signed before them.
Penalty on witness not appearing - Any witness who shall refuse or omit to appear when duly summoned by the Collector, or who shall appear but shall refuse to make such affirmation, or who shall refuse to give evidence, shall be liable to the same punishment which would be incurred under the law by a witness refusing to appear of give evidence before the Collector when acting judicially.
Penalty for false deposition - Any person giving intentionally and deliberately a false deposition under an affirmation, in any case referred to arbitration as above, shall be held to be guilty of perjury, and shall be liable to the penalties prescribed for that offence by law.
### 9. Award of arbitrators - On the close of the inquiry the arbitrators shall deliver a full and complete award, which shall specify the amount of compensation and the party or parties entitled thereto.
The proceedings of the arbitration shall be deposited in the Collector's office; and every party interested therein shall be entitled to a copy of the award on plain paper under the seal and signature of the Collector, which copy shall be prima facie evidence thereof.
### 10. When payment of compensation may be deferred - If the right to the compensation awarded shall in any case be doubtful, or if there exists any ground which, in the judgement of the arbitrators or of the Collector, render it improper to make immediate payment thereof to any of the claimants, the amount shall be invested in Government securities, and held in deposit until one of the claimants shall obtain an order of Court for the payment thereof.
### 11. Reversal or alteration of award - No award passed under this section shall be liable to be reversed or altered, except by the decision of a Civil Court on the ground of corruption or misconduct of the arbitrators and no suit to set aside such an award shall be entertained, unless it be instituted within three months from the date of the award.
In case the award shall be reversed, the matter shall be referred to another arbitrator or other arbitrators, to be appointed in the same manner as the first.
### 12. Dismissal of suits against the Crown - All suits and proceedings instituted against the Crown in any case in which compensation has been awarded, except suits instituted for the reversal of awards as aforesaid, shall be dismissed with costs.
Proviso - But nothing herein contained shall affect the right of any party to recover the amount awarded from any person who may have received the same without any just title thereto.
### 13. Estimated value of benefit to be set off against compensation awarded - In fixing the amount of compensation to which any person may be entitled by reason of any of the acts mentioned in Clause 1 of this section, the Court or arbitrators, as the case may be, shall take into consideration whether any party to the suit or arbitration has derived or will derive benefit from the act in respect of which the compensation is claimed, and shall set off the estimated value of such benefit, if any, against the compensation which would otherwise be decreed or awarded to that party.
### 14. Exception of cases of compensation in respect to puts, trees, or crops - The provisions of this section shall not be held applicable to cases in which the compensation to be made has reference only to huts, trees or crops which it may be necessary to remove or destroy in enlarging or changing" the line of a public embankment.
In all such cases the officer in charge of the public embankments of the district shall report to the Collector, and the Collector shall thereupon proceed to value and make compensation for such huts, trees and crops, in the manner prescribed in Section 12 of this Act.
### 8. ###
1. Application by land-holder to have a sluice made in public embankment - If any land-holder, farmer or cultivator be desirous of having a sluice made in any public embankment for the purpose of drainage or irrigation, he shall make an application in writing to the Collector of the district in which such embankment is situate.
The application shall contain such particulars of the land to be drained or irrigated as may enable the officers of the Crown to judge of the advantage which may be derived from the work, and shall declare as regards an embankment maintained at the expense of the State, whether the applicant is willing to bear such part, not exceeding half of the cost thereof, as may be determined by the Provincial Government; and, as regards any other public embankment whether the applicant is willing to defray the whole or such part of the cost incidental to and attendant on, the proposed work, as may be determined as aforesaid.
### 2. Officer in immediate charge to report on proposed work - The Collector shall transmit such application to the officer in charge of the embankments of the district, who shall report his opinion thereon to the Superintendent of Embankments, and, if he be of opinion that compliance with the application is unobjectionable shall annex to his report a plan of the proposed work and an estimate of the expense of its construction. The Superintendent of Embankments shall pass such order thereon as he shall think fit, which order shall be final.
### 3. Upon applicant engaging to defray cost, Collector may issue certificate - If the construction of the proposed sluice receive the approval of the Superintendent of Embankments, the Collector shall require the applicant to enter into a written agreement to defray the whole or half of the expense or such portion thereof as may be determined under the provisions of Clause 1 of this section, as the case may be, and, upon such agreement being executed, shall issue a certificate to the officer in charge of the public embankments of the district to construct the sluice. ###
9. Opening of sluices.
- Sluices constructed in any public embankment shall be opened only by, or with the permission of the officer of the immediate charge of the embankment, under such orders, either general or special, as he may receive from the officer in charge of public embankments of the district or from the Superintendent of Embankments.
### 10. Officer in immediate charge may authorise temporary watercourse, etc., to be made. - Whenever any person is desirous that a temporary watercourse should be made through, or that a temporary roadway should be made over any public embankment, or that a temporary dam should be constructed in any embanked river, he shall apply to the nearest officer of the Embankment Department, who shall communicate the application to the officer in charge of the public embankments of the district, and that officer shall pass such orders thereon as he shall think fit, subject to the control of the Superintendent of Embankments.
If the proposed work is to be executed by an officer of the Crown the applicant, before the commencement of the work, shall enter into a written agreement to defray the expenses of, and incidental to, making such roadway, or of making and closing or removing such watercourse or dam.
In any case of emergency the officer in immediate charge of an embankment, subject to such general instructions as he may receive from the officer in charge of the embankments of the district, or from the Superintendent of Embankments, may cause a temporary watercourse to be made through such embankment.
### 11. Annual specifications and estimates for maintaining or improving embankments kept up at the expense of zamindars. - 1. Specifications of the work and estimates of the expense which may be required for the maintenance or improvement of embankments kept up at the expense of zamindars or others shall be prepared as soon after the rains in each year as may be practicable.
Copies of the specifications and estimates shall be transmitted to the office of the Collector, and may be examined by any person interested in the embankments.
Notice of the receipt of the specifications and estimates shall be posted up in the Collector's office ; and, should any objection be preferred by any such person within a period of one month from the date of such notice, the Collector shall communicate the objection, with his own opinion thereupon, to the Superintendent of Embankments, who shall pass such orders as may appear to him reasonable and proper :
Provided, however, that, if the objection referred to the construction of sluices or other new works, any person dissatisfied with the order of the Superintendent may appeal to the Commissioner, who, subject to the orders of the Board of Revenue and of the Provincial Government may disallow the construction of the work.
### 2. Accounts to be forwarded to Collector, who may recover as arrears of Government revenue - The accounts of the actual expense incurred in maintaining or improving embankments kept up at the expense of zamindars or others and in constructing and repairing sluices and making temporary watercourses or roadways through or over any public embankment, or executing any other work the expense of which may be chargeable to individuals, shall be prepared as soon as possible after the completion of such works, and shall, as soon as such accounts shall have received the sanction of the Superintendent of Embankments, be forwarded to the office of the Collector, and may be there examined by any person interested. Notice of the receipt of the accounts shall be posted up in the Collector's office; and if, within one month from the date of such notice, any interested person shall object to the accounts, on the ground either that the work charged for has not been performed, or that the whole sum charged has not been expanded, or that the rates of charge are higher than the estimate, the Collector shall inquire into such objection, and if the objection appears to be well founded, shall communicate the same with his opinion thereon, to the Superintendent of Embankments.
If the Superintendent concurs with the Collector, he shall pass order accordingly; if he differs, the case shall be reported to the Commissioner whose decision shall be final.
When the objection shall have been finally disposed of, or, if no objection be preferred when a full month shall have elapsed from the date of notice, the Collector shall proceed to levy the amount from the parties liable to pay the same by the process which is or may be in force for the recovery of arrears of Government revenue.
### 12. ###
1. Superintendent to report to Collector as to removal of buildings, etc. - Whenever the Superintendent of Embankments shall be of opinion that the removal of any houses, huts or other buildings, situated between a public embankment and the river, is necessary, he shall make a report to that effect, accompanied by a detailed statement of the houses, huts or other buildings to be removed, to the Collector of the district in whose jurisdiction the land on which such houses, huts or other buildings stand, is situated.
### 2. Collector to give notice to claimants - When such report is received the Collector shall cause a notice, containing a general description of the houses, huts or other buildings proposed to be removed, to be affixed in some conspicuous place upon the land, and to be published by proclamation in the nearest bazar, calling on all persons claiming a right in such houses, huts or other buildings to appear in person or by authorised agent at a place to be specified in the notice, on or before a given date, not being less than fifteen days from the date of such proclamation, in order to make known the amount and particulars of their claim to compensation to a jury to be appointed in the following manner. ###
3. Selection of jury - The Collector shall direct a Deputy Collector or a Principal Officer of his establishment to proceed to the spot, and thereto select three respectable inhabitants of the neighbourhood, to form with himself, a jury for determine the value of the houses, huts or buildings, and, if any dispute should arise, the rights of the claimants.
### 4. Proceedings of jury - The jury shall assess the value of each house, hut or building separately. If in any case they differ, the value shall be assessed according to the opinion of the majority ; and, if they be equally divided, the Deputy Collector or other officer as aforesaid shall have a casting vote.
### 5. Award of jury - Having completed their proceedings, the jury shall make their award, which shall contain a schedule of the houses, huts and buildings, the amount of value assessed on each and the name of the person or persons entitled to receive the same. The award shall be final and conclusive and not open to question in the Civil Court :
Provided always that any person who was not present at the inquiry, or whose claim may have been set aside by the jury, may institute a suit for the value of the property claimed by him against the person to whom payment may have been made under the award.
### 13. After award, Collector to give notice of payment, and to remove buildings, etc. in thirty days. - The Collector, on receiving the award, shall cause a notice to be affixed in some conspicuous place upon the land, with a citation calling on the parties to appear before him or the Deputy Collector or other officer aforesaid, in person or by authorised agent, at a certain time and place, and receive the amount so awarded, and warning them to remove their houses, huts or other buildings within thirty days from the date of such notice.
### 14. When Collector may remove buildings, etc., at cost of owners. - If, on the expiration of the above stated period, the houses, huts or other buildings shall have not been previously removed, the Collector shall cause the same to be removed or levelled ; and if any expense be incurred in removing or levelling the same, the Collector may sell the materials at public auction in order to defray the charge, delivering any surplus that may remain to the owner.
### 15. Penalty for obstructing officer in discharge of duty.
- Whoever wilfully obstructs any duly authorised person in removing or levelling any embankment, house, hut or other building shall be liable to be imprisoned for any time not exceeding six months, with or without labour, at the discretion of the Magistrate, or to fine not exceeding two hundred rupees, commutable, if not paid, to a period of imprisonment not exceeding six months, or to both.
### 16. Penalty for wilful damage to embankment by cutting, etc.
- Whoever wilfully, and without due authority cuts through, or attempts to cut through, any embankment, whether public or private, or destroys or attempts to destroy any such embankment, or open any sluice or watercourse in any such embankment, shall be liable, on conviction before a Magistrate, to be imprisoned for a term not exceeding one year, with or without labour, or to a fine not exceeding two hundred rupees, commutable, if not paid, to a period of imprisonment not exceeding one year, or to both ; or, if the Magistrate be of opinion that such punishment is insufficient for the offence, he may commit the offender to the Sessions Court, in which case he shall be liable, on conviction, to imprisonment for a period not exceeding seven years, with or without labour, or to fine, or to both.
### 17. Penalty for other wilful damage.
- Whoever damages any public embankment by making any dam or other obstruction for the purpose of diverting or opposing the current of an embanked river without the permission of the officer in immediate charge of the embankment, or by refusing or neglecting to remove any such dam or obstruction at the proper season, or by cutting or otherwise altering the banks of any embanked river, or by removing the earth from such embankment, or by grazing or tethering any cattle or animals on any such embankment, or by driving stakes into or cutting or rooting out grass growing on, such embankment, or by any other wilful act destroys or diminishes the efficiency of such embankment shall be liable, on conviction before a Magistrate, to simple imprisonment for a term not exceeding six months, or to a fine not exceeding two hundred rupees, or to both.
### 18. Jurisdiction of Deputy or Assistant Magistrate.
- Any Deputy or Assistant Magistrate may take cognizance of offences under this Act, and may punish offenders to the extent of the power conferred upon him by any law for the time being in force.
### 19. [\* \* \*]
### 20. Right of appeal.
- All sentences and orders passed by a Magistrate, Deputy Magistrate or Assistant Magistrate under this Act shall be appealable, subject to the general provisions which regulate appeals.
### 21. Interpretation.
- In the construction of this Act, [\* \* \*] the word "Collector" shall mean any Collector, Deputy Collector or other Revenue Officer in independent charge of any district or portion of a district.
|
65ba6a45ab84c7eca86eb30f | acts |
State of Tamilnadu- Act
-------------------------
Industrial Disputes (Tamil Nadu Amendment) Act, 2008
------------------------------------------------------
TAMILNADU
India
Industrial Disputes (Tamil Nadu Amendment) Act, 2008
======================================================
Act 45 of 2008
----------------
* Published on 18 September 2008
* Commenced on 18 September 2008
Industrial Disputes (Tamil Nadu Amendment) Act, 2008
(Tamil Nadu Act
45 of 2008
)
Statement of Objects and Reasons - Industrial Disputes (Tamil Nadu Amendment) Act, 2008 (Tamil Nadu Act
45 of 2008
). - At present, under the Industrial Disputes Act, 1947 (Central Act XIV of 1947), Labour Courts and Tribunals are not having the power to execute their own awards like decree of the Civil Court in case the award in question is not being implemented by the employer. In order to alleviate the difficulties experienced by the workmen in getting the awards implemented by the employer, the Government have decided to confer powers of Civil Court to Labour Court and the Tribunal to execute its own award as a decree of Civil Court. It is also proposed to enable the Labour Court and Tribunal to execute any settlement under the said Act as a decree. The Government have, therefore, decided to amend the said Central Act XIV of 1947 suitably, in its application to the State of Tamil Nadu.
2. 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 14th May 2008.
Receded the assent of the President on the 18th September 2008 and published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary dated the 29th September 2008.
An further to amend the Industrial Disputes Act, 1947 in its application to the State of Tamil Nadu.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu Fifty-ninth Year of the Republic of India as follows:-
### 1. Short title, extent and commencement.
(1) This Act may be called the Industrial Disputes (Tamil Nadu Amendment) Act, 2008.
(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, by notification, appoint.
### 2. Insertion of new section 11-B.
- After section 11-A of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), the following section shall be inserted, namely:-
"11B. Power of a Labour Court or Tribunal to execute its award by decree. - A Labour Court or a Tribunal shall have the power of a civil court to execute its own award as a decree of a civil court and also to execute any settlement as defined in clause (p) of section 2 as a decree."
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65ba7b84ab84c7eca86eb960 | acts |
Union of India - Act
----------------------
The Rights of Persons with Disabilities Act, 2016
---------------------------------------------------
UNION OF INDIA
India
The Rights of Persons with Disabilities Act, 2016
===================================================
Act 49 of 2016
----------------
* Published on 27 December 2016
* Commenced on 27 December 2016
The Rights of Persons with Disabilities Act, 2016
(Act
No. 49 of 2016
)
Statement of Objects and Reasons. - The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was enacted to give effect to the Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region. The Act defines Persons with Disabilities as those having not less than forty per cent disability and identified seven categories of disabilities, namely, blindness, low vision, hearing impairment, locomotor disability, mental retardation, mental illness and leprosy-cured.
2. Over a period of time, the conceptual understanding of the rights of persons with disabilities has become more clear and there has been worldwide change in approach to handle the issues concerning persons with disabilities. The United Nations adopted its Convention on the Rights of Persons with Disabilities laying down the principles to be followed by the States Parties for empowerment of persons with disabilities. India signed the said Convention and subsequently ratified the same on the 1st day of October, 2007. The Convention came into effect on the 3rd day of May, 2008. Being a signatory to the Convention. India has an international obligation to comply with the provisions of the said Convention which required an entirely new legislation.
3. In 2010, an Expert Committee constituted under the chairmanship of Dr. Sudha Kaul, Vice-Chairperson, Indian Institute of Cerebral Palsy, Kolkata submitted its report in 2011, suggesting a Draft Bill relating to the Rights of Persons with Disabilities. The draft Bill was extensively debated upon at various levels involving State Governments and Union territories and various stakeholders.
4. The salient features of the Rights of Persons with Disabilities Bill, 2014, inter alia, are:
(i) Nineteen specified disabilities have been defined;
(ii) the persons with disabilities enjoy various rights such as right to equality, life with dignity, respect for his or her integrity, etc., equally with others;
(iii) duties and responsibilities of the appropriate Government have been enumerated;
(iv) all educational institutions funded by appropriate Government shall provide inclusive education to the children with disabilities;
(v) a National Fund is proposed to provide financial support to persons with disabilities;
(vi) stakeholders participation in the policy making through Central and State Advisory Boards;
(vii) increase in reservation in posts from existing three per cent to five per cent in the vacancies for persons or class of persons with benchmark disabilities in every establishment and reservation of seats for students with benchmark disabilities in higher educational institutions;
(viii) setting up of National Commission and State Commission to act as Grievance Redressal Mechanism, monitor implementation of the proposed legislation replacing the Chief Commissioner and State Commissioners for persons with disabilities, respectively;
(ix) guidelines to be issued by the Central Government for issuance of certificates of specified disabilities;
(x) penalties for offences committed against persons with disabilities; and
(xi) Court of Session to be designated as Special Court by the State Government in every district to try offences.
5. The Bill seeks to achieve the above objects.
[Dated 27th December, 2016]
An Act to give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto.
Whereas the United Nations General Assembly adopted its Convention on the Rights of Persons with Disabilities on the 13th day of December, 2006;
And Whereas the aforesaid Convention lays down the following principles for empowerment of persons with disabilities,-
(a) respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons;
(b) non-discrimination;
(c) full and effective participation and inclusion in society;
(d) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;
(e) equality of opportunity;
(f) accessibility;
(g) equality between men and women;
(h) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities;
And Whereas India is a signatory to the said Convention;
And Whereas India ratified the said Convention on the 1st day of October, 2007;
And Whereas it is considered necessary to implement the Convention aforesaid.
Be it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:-
Chapter I
Preliminary
--------------------------
### 1. Short title and commencement.
(1) This Act may be called the Rights of Persons with Disabilities Act, 2016.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "appellate authority" means an authority notified under sub-section (3) of section 14 or sub-section (1) of section 53 or designated under sub-section (1) of section 59, as the case may be;
(b) "appropriate Government" means,-
(i) in relation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonments Act, 2006, the Central Government;
(ii) in relation to a State Government or any establishment, wholly or substantially financed by that Government, or any local authority, other than a Cantonment Board, the State Government.
(c) "barrier" means any factor including communicational, cultural, economic, environmental, institutional, political, social, attitudinal or structural factors which hampers the full and effective participation of persons with disabilities in society;
(d) "care-giver" means any person including parents and other family Members who with or without payment provides care, support or assistance to a person with disability;
(e) "certifying authority" means an authority designated under sub-section (1) of section 57;
(f) "communication" includes means and formats of communication, languages, display of text, Braille, tactile communication, signs, large print, accessible multimedia, written, audio, video, visual displays, sign language, plain-language, human-reader, augmentative and alternative modes and accessible information and communication technology;
(g) "competent authority" means an authority appointed under section 49;
(h) "discrimination" in relation to disability, means any distinction, exclusion, restriction on the basis of disability which is the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field and includes all forms of discrimination and denial of reasonable accommodation;
(i) "establishment" includes a Government establishment and private establishment;
(j) "Fund" means the National Fund constituted under section 86;
(k) "Government establishment" means a corporation established by or under a Central Act or State Act or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company as defined in section 2 of the Companies Act, 2013 and includes a Department of the Government;
(l) "high support" means an intensive support, physical, psychological and otherwise, which may be required by a person with benchmark disability for daily activities, to take independent and informed decision to access facilities and participating in all areas of life including education, employment, family and community life and treatment and therapy;
(m) "inclusive education" means a system of education wherein students with and without disability learn together and the system of teaching and learning is suitably adapted to meet the learning needs of different types of students with disabilities;
(n) "information and communication technology" includes all services and innovations relating to information and communication, including telecom services, web based services, electronic and print services, digital and virtual services;
(o) "institution" means an institution for the reception, care, protection, education, training, rehabilitation and any other activities for persons with disabilities;
(p) "local authority" means a Municipality or a Panchayat, as defined in clause (e) and clause (f) of article 243P of the Constitution; a Cantonment Board constituted under the Cantonments Act, 2006; and any other authority established under an Act of Parliament or a State Legislature to administer the civic affairs;
(q) "notification" means a notification published in the Official Gazette and the expression "notify" or "notified" shall be construed accordingly;
(r) "person with benchmark disability" means a person with not less than forty per cent. of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority;
(s) "person with disability" means a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others;
(t) "person with disability having high support needs" means a person with benchmark disability certified under clause (a) of sub-section (2) of section 58 who needs high support;
(u) "prescribed" means prescribed by rules made under this Act;
(v) "private establishment" means a company, firm, cooperative or other society, associations, trust, agency, institution, organization, union, factory or such other establishment as the appropriate Government may, by notification, specify;
(w) "public building" means a Government or private building, used or accessed by the public at large, including a building used for educational or vocational purposes, workplace, commercial activities, public utilities, religious, cultural, leisure or recreational activities, medical or health services, law enforcement agencies, reformatories or judicial for as, railway stations or platforms, roadways bus stands or terminus, airports or waterways;
(x) "public facilities and services" includes all forms of delivery of services to the public at large, including housing, educational and vocational trainings, employment and career advancement, shopping or marketing, religious, cultural, leisure or recreational, medical, health and rehabilitation, banking, finance and insurance, communication, postal and information, access to justice, public utilities, transportation;
(y) "reasonable accommodation" means necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to persons with disabilities the enjoyment or exercise of rights equally with others;
(z) "registered organization" means an association of persons with disabilities or a disabled person organization, association of parents of persons with disabilities, association of persons with disabilities and family members, or a voluntary or non-governmental or charitable organization or trust, society, or non-profit company working for the welfare of the persons with disabilities, duly registered under an Act of Parliament or a State Legislature;
(za) "rehabilitation" refers to a process aimed at enabling persons with disabilities to attain and maintain optimal, physical, sensory, intellectual, psychological environmental or social function levels;
(i) persons who seek to engage employees from amongst the persons with disabilities;
(ii) persons with benchmark disability who seek employment;
(iii) vacancies to which persons with benchmark disabilities seeking employment may be appointed;
(zc) "specified disability" means the disabilities as specified in the Schedule;
(zd) "transportation systems" includes road transport, rail transport, air transport, water transport, para transit systems for the last mile connectivity, road and street infrastructure, etc.;
(ze) "universal design" means the design of products, environments, programmes and services to be usable by all people to the greatest extent possible, without the need for adaptation or specialized design and shall apply to assistive devices including advanced technologies for particular group of persons with disabilities.
(zb) "Special Employment Exchange" means any office or place established and maintained by the Government for the collection and furnishing of information, either by keeping of registers or otherwise, regarding-
Chapter II
Rights and Entitlements
---------------------------------------
### 3. Equality and nondiscrimination.
(1) The appropriate Government shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others.
(2) The appropriate Government shall take steps to utilize the capacity of persons with disabilities by providing appropriate environment.
(3) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim.
(4) No person shall be deprived of his or her personal liberty only on the ground of disability.
(5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities.
### 4. Women and children with disabilities.
(1) The appropriate Government and the local authorities shall take measures to ensure that the women and children with disabilities enjoy their rights equally with others.
(2) The appropriate Government and local authorities shall ensure that all children with disabilities shall have right on an equal basis to freely express their views on all matters affecting them and provide them appropriate support keeping in view their age and disability.".
### 5. Community life.
(1) The persons with disabilities shall have the right to live in the community.
(2) The appropriate Government shall endeavor that the persons with disabilities are,-
(a) not obliged to live in any particular living arrangement; and
(b) given access to a range of in-house, residential and other community support services, including personal assistance necessary to support living with due regard to age and gender.
### 6. Protection from cruelty and inhuman treatment.
(1) The appropriate Government shall take measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading treatment.
(2) No person with disability shall be a subject of any research without,-
(i) his or her free and informed consent obtained through accessible modes, means and formats of communication; and
(ii) prior permission of a Committee for Research on Disability constituted in the prescribed manner for the purpose by the appropriate Government in which not less than half of the Members shall themselves be either persons with disabilities or Members of the registered organization as defined under clause (z) of section 2.
### 7. Protection from abuse, violence and exploitation.
(1) The appropriate Government shall take measures to protect persons with disabilities from all forms of abuse, violence and exploitation and to prevent the same, shall-
(a) take cognizance of incidents of abuse, violence and exploitation and provide legal remedies available against such incidents;
(b) take steps for avoiding such incidents and prescribe the procedure for its reporting;
(c) take steps to rescue, protect and rehabilitate victims of such incidents; and
(d) create awareness and make available information among the public.
(2) Any person or registered organization who or which has reason to believe that an act of abuse, violence or exploitation has been, or is being, or is likely to be committed against any person with disability, may give information about it to the Executive Magistrate within the local limits of whose jurisdiction such incidents occur.
(3) The Executive Magistrate on receipt of such information, shall take immediate steps to stop or prevent its occurrence, as the case may be, or pass such order as he deems fit for the protection of such person with disability including an order-
(a) to rescue the victim of such act, authorizing the police or any organization working for persons with disabilities to provide for the safe custody or rehabilitation of such person, or both, as the case may be;
(b) for providing protective custody to the person with disability, if such person so desires;
(c) to provide maintenance to such person with disability.
(4) Any police officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any person with disability shall inform the aggrieved person of-
(a) his or her right to apply for protection under sub-section (2) and the particulars of the Executive Magistrate having jurisdiction to provide assistance;
(b) the particulars of the nearest organization or institution working for the rehabilitation of persons with disabilities;
(c) the right to free legal aid; and
(d) the right to file a complaint under the provisions of this Act or any other law dealing with such offence:
Provided that nothing in this section shall be construed in any manner as to relieve the police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence.
(5) If the Executive Magistrate finds that the alleged act or behaviour constitutes an offence under the Indian Penal Code, or under any other law for the time being in force, he may forward the complaint to that effect to the Judicial or Metropolitan Magistrate, as the case may be, having jurisdiction in the matter.
### 8. Protection and safety.
(1) The persons with disabilities shall have equal protection and safety in situations of risk, armed conflict, humanitarian emergencies and natural disasters.
(2) The National Disaster Management Authority and the State Disaster Management Authority shall take appropriate measures to ensure inclusion of persons with disabilities in its disaster management activities as defined under clause (e) of section 2 of the Disaster Management Act, 2005 for the safety and protection of persons with disabilities.
(3) The District Disaster Management Authority constituted under section 25 of the Disaster Management Act, 2005 shall maintain record of details of persons with disabilities in the district and take suitable measures to inform such persons of any situations of risk so as to enhance disaster preparedness.
(4) The authorities engaged in reconstruction activities subsequent to any situation of risk, armed conflict or natural disasters shall undertake such activities, in consultation with the concerned State Commissioner, in accordance with the accessibility requirements of persons with disabilities.
### 9. Home and family.
(1) No child with disability shall be separated from his or her parents on the ground of disability except on an order of competent court, if required, in the best interest of the child.
(2) Where the parents are unable to take care of a child with disability, the competent court shall place such child with his or her near relations, and failing that within the community in a family setting or in exceptional cases in shelter home run by the appropriate Government or non-governmental organization, as may be required.
### 10. Reproductive rights.
(1) The appropriate Government shall ensure that persons with disabilities have access to appropriate information regarding reproductive and family planning.
(2) No person with disability shall be subject to any medical procedure which leads to infertility without his or her free and informed consent.
### 11. Accessibility in voting.
- The Election Commission of India and the State Election Commissions shall ensure that all polling stations are accessible to persons with disabilities and all materials related to the electoral process are easily understandable by and accessible to them.
### 12. Access to justice.
(1) The appropriate Government shall ensure that persons with disabilities are able to exercise the right to access any court, tribunal, authority, commission or any other body having judicial or quasi-judicial or investigative powers without discrimination on the basis of disability.
(2) The appropriate Government shall take steps to put in place suitable support measures for persons with disabilities specially those living outside family and those disabled requiring high support for exercising legal rights.
(3) The National Legal Services Authority and the State Legal Services Authorities constituted under the Legal Services Authorities Act, 1987 shall make provisions including reasonable accommodation to ensure that persons with disabilities have access to any scheme, programme, facility or service offered by them equally with others.
(4) The appropriate Government shall take steps to-
(a) ensure that all their public documents are in accessible formats;
(b) ensure that the filing departments, registry or any other office of records are supplied with necessary equipment to enable filing, storing and referring to the documents and evidence in accessible formats; and
(c) make available all necessary facilities and equipment to facilitate recording of testimonies, arguments or opinion given by persons with disabilities in their preferred language and means of communication.
### 13. Legal capacity.
(1) The appropriate Government shall ensure that the persons with disabilities have right, equally with others, to own or inherit property, movable or immovable, control their financial affairs and have access to bank loans, mortgages and other forms of financial credit.
(2) The appropriate Government shall ensure that the persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life and have the right to equal recognition everywhere as any other person before the law.
(3) When a conflict of interest arises between a person providing support and a person with disability in a particular financial, property or other economic transaction, then such supporting person shall abstain from providing support to the person with disability in that transaction:
Provided that there shall not be a presumption of conflict of interest just on the basis that the supporting person is related to the person with disability by blood, affinity or adoption.
(4) A person with disability may alter, modify or dismantle any support arrangement and seek the support of another:
Provided that such alteration, modification or dismantling shall be prospective in nature and shall not nullify any third party transaction entered into by the person with disability with the aforesaid support arrangement.
(5) Any person providing support to the person with disability shall not exercise undue influence and shall respect his or her autonomy, dignity and privacy.
### 14. Provision for guardianship.
(1) Notwithstanding anything contained in any other law for the time being in force, on and from the date of commencement of this Act, where a district court or any designated authority, as notified by the State Government, finds that a person with disability, who had been provided adequate and appropriate support but is unable to take legally binding decisions, may be provided further support of a limited guardian to take legally binding decisions on his behalf in consultation with such person, in such manner, as may be prescribed by the State Government:
Provided that the District Court or the designated authority, as the case may be, may grant total support to the person with disability requiring such support or where the limited guardianship is to be granted repeatedly, in which case, the decision regarding the support to be provided shall be reviewed by the Court or the designated authority, as the case may be, to determine the nature and manner of support to be provided.
Explanation. - For the purposes of this sub-section, "limited guardianship" means a system of joint decision which operates on mutual understanding and trust between the guardian and the person with disability, which shall be limited to a specific period and for specific decision and situation and shall operate in accordance to the will of the person with disability.
(2) On and from the date of commencement of this Act, every guardian appointed under any provision of any other law for the time being in force, for a person with disability shall be deemed to function as a limited guardian.
(3) Any person with disability aggrieved by the decision of the designated authority appointing a legal guardian may prefer an appeal to such appellate authority, as may be notified by the State Government for the purpose.
### 15. Designation of authorities to support.
(1) The appropriate Government shall designate one or more authorities to mobilise the community and create social awareness to support persons with disabilities in exercise of their legal capacity.
(2) The authority designated under sub-section (1) shall take measures for setting up suitable support arrangements to exercise legal capacity by persons with disabilities living in institutions and those with high support needs and any other measures as may be required.
Chapter III
Education
--------------------------
### 16. Duty of educational institutions.
- The appropriate Government and the local authorities shall endeavor that all educational institutions funded or recognized by them provide inclusive education to the children with disabilities and towards that end shall-
(i) admit them without discrimination and provide education and opportunities for sports and recreation activities equally with others;
(ii) make building, campus and various facilities accessible;
(iii) provide reasonable accommodation according to the individual's requirements;
(iv) provide necessary support individualized or otherwise in environments that maximize academic and social development consistent with the goal of full inclusion;
(v) ensure that the education to persons who are blind or deaf or both is imparted in the most appropriate languages and modes and means of communication;
(vi) detect specific learning disabilities in children at the earliest and take suitable pedagogical and other measures to overcome them;
(vii) monitor participation, progress in terms of attainment levels and completion of education in respect of every student with disability;
(viii) provide transportation facilities to the children with disabilities and also the attendant of the children with disabilities having high support needs.
### 17. Specific measures to promote and facilitate inclusive education.
- The appropriate Government and the local authorities shall take the following measures for the purpose of section 16, namely:-
(a) to conduct survey of school going children in every five years for identifying children with disabilities, ascertaining their special needs and the extent to which these are being met:
Provided that the first survey shall be conducted within a period of two years from the date of commencement of this Act;
(b) to establish adequate number of teacher training institutions;
(c) to train and employ teachers, including teachers with disability who are qualified in sign language and Braille and also teachers who are trained in teaching children with intellectual disability;
(d) to train professionals and staff to support inclusive education at all levels of school education;
(e) to establish adequate number of resource centres to support educational institutions at all levels of school education;
(f) to promote the use of appropriate augmentative and alternative modes including means and formats of communication, Braille and sign language to supplement the use of one's own speech to fulfill the daily communication needs of persons with speech, communication or language disabilities and enables them to participate and contribute to their community and society;
(g) to provide books, other learning materials and appropriate assistive devices to students with benchmark disabilities free of cost up to the age of eighteen years;
(h) to provide scholarships in appropriate cases to students with benchmark disability;
(i) to make suitable modifications in the curriculum and examination system to meet the needs of students with disabilities such as extra time for completion of examination paper, facility of scribe or amanuensis, exemption from second and third language courses;
(j) to promote research to improve learning; and
(k) any other measures, as may be required.
### 18. Adult education.
- The appropriate Government and the local authorities shall take measures to promote, protect and ensure participation of persons with disabilities in adult education and continuing education programmes equally with others.
Chapter IV
Skill Development and Employment
------------------------------------------------
### 19. Vocational training and self-employment.
(1) The appropriate Government shall formulate schemes and programmes including provision of loans at concessional rates to facilitate and support employment of persons with disabilities especially for their vocational training and self-employment.
(2) The schemes and programmes referred to in sub-section (1) shall provide for-
(a) inclusion of person with disability in all mainstream formal and non-formal vocational and skill training schemes and programmes;
(b) to ensure that a person with disability has adequate support and facilities to avail specific training;
(c) exclusive skill training programmes for persons with disabilities with active links with the market, for those with developmental, intellectual, multiple disabilities and autism;
(d) loans at concessional rates including that of micro-credit;
(e) marketing the products made by persons with disabilities; and
(f) maintenance of disaggregated data on the progress made in the skill training and self-employment, including persons with disabilities.
### 20. Non-discrimination in employment.
(1) No Government establishment shall discriminate against any person with disability in any matter relating to employment:
Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, exempt any establishment from the provisions of this section.
(2) Every Government establishment shall provide reasonable accommodation and appropriate barrier free and conducive environment to employees with disability.
(3) No promotion shall be denied to a person merely on the ground of disability.
(4) No Government establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service:
Provided that, if an employee after acquiring disability is not suitable for the post he was holding, shall be shifted to some other post with the same pay scale and service benefits:
Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
(5) The appropriate Government may frame policies for posting and transfer of employees with disabilities.
### 21. Equal opportunity policy.
(1) Every establishment shall notify equal opportunity policy detailing measures proposed to be taken by it in pursuance of the provisions of this Chapter in the manner as may be prescribed by the Central Government.
(2) Every establishment shall register a copy of the said policy with the Chief Commissioner or the State Commissioner, as the case may be.
### 22. Maintenance of records.
(1) Every establishment shall maintain records of the persons with disabilities in relation to the matter of employment, facilities provided and other necessary information in compliance with the provisions of this Chapter in such form and manner as may be prescribed by the Central Government.
(2) Every employment exchange shall maintain records of persons with disabilities seeking employment.
(3) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours by such persons as may be authorized in their behalf by the appropriate Government.
### 23. Appointment of Grievance Redressal Officer.
(1) Every Government establishment shall appoint a Grievance Redressal Officer for the purpose of section 19 and shall inform the Chief Commissioner or the State Commissioner, as the case may be, about the appointment of such officer.
(2) Any person aggrieved with the non-compliance of the provisions of section 20, may file a complaint with the Grievance Redressal Officer, who shall investigate it and shall take up the matter with the establishment for corrective action.
(3) The Grievance Redressal Officer shall maintain a register of complaints in the manner as may be prescribed by the Central Government, and every complaint shall be inquired within two weeks of its registration.
(4) If the aggrieved person is not satisfied with the action taken on his or her complaint, he or she may approach the District-Level Committee on disability.
Chapter V
Social Security, Health, Rehabilitation and Recreation
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### 24. Social security.
(1) The appropriate Government shall within the limit of its economic capacity and development formulate necessary schemes and programmes to safeguard and promote the right of persons with disabilities for adequate standard of living to enable them to live independently or in the community:
Provided that the quantum of assistance to the persons with disabilities under such schemes and programmes shall be at least twenty-five per cent. higher than the similar schemes applicable to others.
(2) The appropriate Government while devising these schemes and programmes shall give due consideration to the diversity of disability, gender, age, and socio-economic status.
(3) The schemes under sub-section (1) shall provide for,-
(a) community centres with good living conditions in terms of safety, sanitation, health care and counseling;
(b) facilities for persons including children with disabilities who have no family or have been abandoned, or are without shelter or livelihood;
(c) support during natural or man-made disasters and in areas of conflict;
(d) support to women with disability for livelihood and for upbringing of their children;
(e) access to safe drinking water and appropriate and accessible sanitation facilities especially in urban slums and rural areas;
(f) provisions of aids and appliances, medicine and diagnostic services and corrective surgery free of cost to persons with disabilities with such income ceiling as may be notified;
(g) disability pension to persons with disabilities subject to such income ceiling as may be notified;
(h) unemployment allowance to persons with disabilities registered with Special Employment Exchange for more than two years and who could not be placed in any gainful occupation;
(i) care-giver allowance to persons with disabilities with high support needs;
(j) comprehensive insurance scheme for persons with disability, not covered under the Employees State Insurance Schemes, or any other statutory or Government sponsored insurance schemes;
(k) any other matter which the appropriate Government may think fit.
### 25. Healthcare.
(1) The appropriate Government and the local authorities shall take necessary measures for the persons with disabilities to provide,-
(a) free health-care in the vicinity specially in rural area subject to such family income as may be notified;
(b) barrier-free access in all parts of Government and private hospitals and other health-care institutions and centres;
(c) priority in attendance and treatment.
(2) The appropriate Government and the local authorities shall take measures and make schemes or programmes to promote healthcare and prevent the occurrence of disabilities and for the said purpose shall-
(a) undertake or cause to be undertaken surveys, investigations and research concerning the cause of occurrence of disabilities;
(b) promote various methods for preventing disabilities;
(c) screen all the children at least once in a year for the purpose of identifying "at-risk" cases;
(d) provide facilities for training to the staff at the primary health centres;
(e) sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be disseminated information for general hygiene, health and sanitation;
(f) take measures for pre-natal, perinatal and post-natal care of mother and child;
(g) educate the public through the pre-schools, schools, primary health centres, village level workers and anganwadi workers;
(h) create awareness amongst the masses through television, radio and other mass media on the causes of disabilities and the preventive measures to be adopted;
(i) healthcare during the time of natural disasters and other situations of risk;
(j) essential medical facilities for life saving emergency treatment and procedures; and
(k) sexual and reproductive healthcare especially for women with disability.
### 26. Insurance schemes.
- The appropriate Government shall, by notification, make insurance schemes for their employees with disabilities.
### 27. Rehabilitation.
(1) The appropriate Government and the local authorities shall within their economic capacity and development, undertake or cause to be undertaken services and programmes of rehabilitation, particularly in the areas of health, education and employment for all persons with disabilities.
(2) For the purposes of sub-section (1), the appropriate Government and the local authorities may grant financial assistance to non-Governmental Organizations.
(3) The appropriate Government and the local authorities, while formulating rehabilitation policies shall consult the non-Governmental Organizations working for the cause of persons with disabilities.
### 28. Research and development.
- The appropriate Government shall initiate or cause to be initiated research and development through individuals and institutions on issues which shall enhance habilitation and rehabilitation and on such other issues which are necessary for the empowerment of persons with disabilities.
### 29. Culture and recreation.
- The appropriate Government and the local authorities shall take measures to promote and protect the rights of all persons with disabilities to have a cultural life and to participate in recreational activities equally with others which include,-
(a) facilities, support and sponsorships to artists and writers with disability to pursue their interests and talents;
(b) establishment of a disability history museum which chronicles and interprets the historical experiences of persons with disabilities;
(c) making art accessible to persons with disabilities;
(d) promoting recreation centres, and other associational activities;
(e) facilitating participation in scouting, dancing, art classes, outdoor camps and adventure activities;
(f) redesigning courses in cultural and arts subjects to enable participation and access for persons with disabilities;
(g) developing technology, assistive devices and equipments to facilitate access and inclusion for persons with disabilities in recreational activities; and
(h) ensuring that persons with hearing impairment can have access to television programmes with sign language interpretation or sub-titles.
### 30. Sporting activities.
(1) The appropriate Government shall take measures to ensure effective participation in sporting activities of the persons with disabilities.
(2) The sports authorities shall accord due recognition to the right of persons with disabilities to participate in sports and shall make due provisions for the inclusion of persons with disabilities in their schemes and programmes for the promotion and development of sporting talents.
(3) Without prejudice to the provisions contained in sub-sections (1) and (2), the appropriate Government and the sports authorities shall take measures to,-
(a) restructure courses and programmes to ensure access, inclusion and participation of persons with disabilities in all sporting activities;
(b) redesign and support infrastructure facilities of all sporting activities for persons with disabilities;
(c) develop technology to enhance potential, talent, capacity and ability in sporting activities of all persons with disabilities;
(d) provide multi-sensory essentials and features in all sporting activities to ensure effective participation of all persons with disabilities;
(e) allocate funds for development of state of art sport facilities for training of persons with disabilities;
(f) promote and organize disability specific sporting events for persons with disabilities and also facilitate awards to the winners and other participants of such sporting events.
Chapter VI
Special Provisions for Persons with Benchmark Disabilities
--------------------------------------------------------------------------
### 31. Free education for children with benchmark disabilities.
(1) Notwithstanding anything contained in the Rights of Children to Free and Compulsory Education Act, 2009, every child with benchmark disability between the age of six to eighteen years shall have the right to free education in a neighborhood school, or in a special school, of his choice.
(2) The appropriate Government and local authorities shall ensure that every child with benchmark disability has access to free education in an appropriate environment till he attains the age of eighteen years.
### 32. Reservation in higher educational institutions.
(1) All Government institutions of higher education and other higher education institutions receiving aid from the Government shall reserve not less than five per cent. seats for persons with benchmark disabilities.
(2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher education.
### 33. Identification of posts for reservation.
- The appropriate Government shall-
(i) identify posts in the establishments which can be held by respective category of persons with benchmark disabilities in respect of the vacancies reserved in accordance with the provisions of section 34;
(ii) constitute an expert committee with representation of persons with benchmark disabilities for identification of such posts; and
(iii) undertake periodic review of the identified posts at an interval not exceeding three years.
### 34. Reservation.
(1) Every appropriate Government shall appoint in every Government establishment, not less than four per cent. of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent. each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent. for persons with benchmark disabilities under clauses (d) and (e), namely:-
(a) blindness and low vision;
(b) deaf and hard of hearing;
(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;
(d) autism, intellectual disability, specific learning disability and mental illness;
(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities:
Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time:
Provided further that the appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, may, having regard to the type of work carried out in any Government establishment, by notification and subject to such conditions, if any, as may be specified in such notifications exempt any Government establishment from the provisions of this section.
(2) Where in any recruitment year any vacancy cannot be filled up due to nonavailability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability:
Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate Government.
(3) The appropriate Government may, by notification, provide for such relaxation of upper age limit for employment of persons with benchmark disability, as it thinks fit.
### 35. Incentives to employers in private sector.
- The appropriate Government and the local authorities shall, within the limit of their economic capacity and development, provide incentives to employer in private sector to ensure that at least five per cent. of their work force is composed of persons with benchmark disability.
### 36. Special employment exchange.
- The appropriate Government may, by notification, require that from such date, the employer in every establishment shall furnish such information or return as may be prescribed by the Central Government in relation to vacancies appointed for persons with benchmark disability that have occurred or are about to occur in that establishment to such special employment exchange as may be notified by the Central Government and the establishment shall thereupon comply with such requisition.
### 37. Special schemes and development programmes.
- The appropriate Government and the local authorities shall, by notification, make schemes in favour of persons with benchmark disabilities, to provide,-
(a) five per cent. reservation in allotment of agricultural land and housing in all relevant schemes and development programmes, with appropriate priority to women with benchmark disabilities;
(b) five per cent. reservation in all poverty alleviation and various developmental schemes with priority to women with benchmark disabilities;
(c) five per cent. reservation in allotment of land on concessional rate, where such land is to be used for the purpose of promoting housing, shelter, setting up of occupation, business, enterprise, recreation centres and production centres.
Chapter VII
Special Provisions for Persons with Disabilities with High Support Needs
-----------------------------------------------------------------------------------------
### 38. Special provisions for persons with disabilities with high support.
(1) Any person with benchmark disability, who considers himself to be in need of high support, or any person or organization on his or her behalf, may apply to an authority, to be notified by the appropriate Government, requesting to provide high support.
(2) On receipt of an application under sub-section (1), the authority shall refer it to an Assessment Board consisting of such Members as may be prescribed by the Central Government.
(3) The Assessment Board shall assess the case referred to it under sub-section (1) in such manner as may be prescribed by the Central Government, and shall send a report to the authority certifying the need of high support and its nature.
(4) On receipt of a report under sub-section (3), the authority shall take steps to provide support in accordance with the report and subject to relevant schemes and orders of the appropriate Government in this behalf.
Chapter VIII
Duties and Responsibilities of Appropriate Governments
------------------------------------------------------------------------
### 39. Awareness campaigns.
(1) The appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, shall conduct, encourage, support or promote awareness campaigns and sensitization programmes to ensure that the rights of the persons with disabilities provided under this Act are protected.
(2) The programmes and campaigns specified under sub-section (1) shall also,-
(a) promote values of inclusion, tolerance, empathy and respect for diversity;
(b) advance recognition of the skills, merits and abilities of persons with disabilities and of their contributions to the workforce, labour market and professional fee;
(c) foster respect for the decisions made by persons with disabilities on all matters related to family life, relationships, bearing and raising children;
(d) provide orientation and sensitization at the school, college, University and professional training level on the human condition of disability and the rights of persons with disabilities;
(e) provide orientation and sensitization on disabling conditions and rights of persons with disabilities to employers, administrators and co-workers;
(f) ensure that the rights of persons with disabilities are included in the curriculum in Universities, colleges and schools.
### 40. Accessibility.
- The Central Government shall, in consultation with the Chief Commissioner, formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas.
### 41. Access to transport.
(1) The appropriate Government shall take suitable measures to provide,-
(a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines;
(b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design;
(c) accessible roads to address mobility necessary for persons with disabilities.
(2) The appropriate Government shall develop schemes programmes to promote the personal mobility of persons with disabilities at affordable cost to provide for,-
(a) incentives and concessions;
(b) retrofitting of vehicles; and
(c) personal mobility assistance.
### 42. Access to information and communication technology.
- The appropriate Government shall take measures to ensure that,-
(i) all contents available in audio, print and electronic media are in accessible format;
(ii) persons with disabilities have access to electronic media by providing audio description, sign language interpretation and close captioning;
(iii) electronic goods and equipment which are meant for every day use are available in universal design.
### 43. Consumer goods.
- The appropriate Government shall take measures to promote development, production and distribution of universally designed consumer products and accessories for general use for persons with disabilities.
### 44. Mandatory observance of accessibility norms.
(1) No establishment shall be granted permission to build any structure if the building plan does not adhere to the rules formulated by the Central Government under section 40.
(2) No establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government.
### 45. Time limit for making existing infrastructure and premises accessible and action for that purpose.
(1) All existing public buildings shall be made accessible in accordance with the rules formulated by the Central Government within a period not exceeding five years from the date of notification of such rules:
Provided that the Central Government may grant extension of time to the States on a case to case basis for adherence to this provision depending on their state of preparedness and other related parameters.
(2) The appropriate Government and the local authorities shall formulate and publish an action plan based on prioritization, for providing accessibility in all their buildings and spaces providing essential services such as all primary health centres, civil hospitals, schools, railway stations and bus stops.
### 46. Time limit for accessibility by service providers.
- The service providers whether Government or private shall provide services in accordance with the rules on accessibility formulated by the Central Government under section 40 within a period of two years from the date of notification of such rules:
Provided that the Central Government in consultation with the Chief Commissioner may grant extension of time for providing certain category of services in accordance with the said rules.
### 47. Human resource development.
(1) Without prejudice to any function and power of Rehabilitation Council of India constituted under the Rehabilitation Council of India Act, 1992, the appropriate Government shall endeavor to develop human resource for the purposes of this Act and to that end shall,-
(a) mandate training on disability rights in all courses for the training of Panchayati Raj Members, legislators, administrators, police officials, judges and lawyers;
(b) induct disability as a component for all education courses for schools, colleges and University teachers, doctors, nurses, para-medical personnel, social welfare officers, rural development officers, asha workers, anganwadi workers, engineers, architects, other professionals and community workers;
(c) initiate capacity building programmes including training in independent living and community relationships for families, members of community and other stakeholders and care providers on care giving and support;
(d) ensure independence training for persons with disabilities to build community relationships on mutual contribution and respect;
(e) conduct training programmes for sports teachers with focus on sports, games, adventure activities;
(f) any other capacity development measures as may be required.
(2) All Universities shall promote teaching and research in disability studies including establishment of study centres for such studies.
(3) In order to fulfill the obligation stated in sub-section (1), the appropriate Government shall in every five years undertake a need based analysis and formulate plans for the recruitment, induction, sensitization, orientation and training of suitable personnel to undertake the various responsibilities under this Act.
### 48. Social audit.
- The appropriate Government shall undertake social audit of all general schemes and programmes involving the persons with disabilities to ensure that the scheme and programmes do not have an adverse impact upon the persons with disabilities and need the requirements and concerns of persons with disabilities.
Chapter IX
Registration of Institutions for Persons with Disabilities and Grants to such Institutions
----------------------------------------------------------------------------------------------------------
### 49. Competent authority.
- The State Government shall appoint an authority as it deems fit to be a competent authority for the purposes of this Chapter.
### 50. Registration.
- Save as otherwise provided under this Act, no person shall establish or maintain any institution for persons with disabilities except in accordance with a certificate of registration issued in this behalf by the competent authority:
Provided that an institution for care of mentally ill persons, which holds a valid license under section 8 of the Mental Health Act, 1987 or any other Act for the time being in force, shall not be required to be registered under this Act.
### 51. Application and grant of certificate of registration.
(1) Every application for a certificate of registration shall be made to the competent authority in such form and in such manner as may be prescribed by the State Government.
(2) On receipt of an application under sub-section (1), the competent authority shall make such enquiries as it may deem fit and on being satisfied that the applicant has complied with the requirements of this Act and the rules made thereunder, it shall grant a certificate of registration to the applicant within a period of ninety days of receipt of application and if not satisfied, the competent authority shall, by order, refuse to grant the certificate applied for:
Provided that before making any order refusing to grant a certificate, the competent authority shall give the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall be communicated to the applicant in writing.
(3) No certificate of registration shall be granted under sub-section (2) unless the institution with respect to which an application has been made is in a position to provide such facilities and meet such standards as may be prescribed by the State Government.
(4) The certificate of registration granted under sub-section (2) ,-
(a) shall, unless revoked under section 52 remain in force for such period as may be prescribed by the State Government;
(b) may be renewed from time to time for a like period; and
(c) shall be in such form and shall be subject to such conditions as may be prescribed by the State Government.
(5) An application for renewal of a certificate of registration shall be made not less than sixty days before the expiry of the period of validity.
(6) A copy of the certificate of registration shall be displayed by the institution in a conspicuous place.
(7) Every application made under sub-section (1) or sub-section (5) shall be disposed of by the competent authority within such period as may be prescribed by the State Government.
### 52. Revocation of registration.
(1) The competent authority may, if it has reason to believe that the holder of a certificate of registration granted under sub-section (2) of section 51 has,-
(a) made a statement in relation to any application for the issue or renewal of the certificate which is incorrect or false in material particulars; or
(b) committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted, it may, after making such inquiry, as it deems fit, by order, revoke the certificate:
Provided that no such order shall be made until an opportunity is given to the holder of the certificate to show cause as to why the certificate of registration shall not be revoked.
(2) Where a certificate of registration in respect of an institution has been revoked under sub-section (1), such institution shall cease to function from the date of such revocation:
Provided that where an appeal lies under section 53 against the order of revocation, such institution shall cease to function,-
(a) where no appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal; or
(b) where such appeal has been preferred, but the order of revocation has been upheld, from the date of the order of appeal.
(3) On the revocation of a certificate of registration in respect of an institution, the competent authority may direct that any person with disability who is an inmate of such institution on the date of such revocation, shall be-
(a) restored to the custody of his or her parent, spouse or lawful guardian, as the case may be; or
(b) transferred to any other institution specified by the competent authority.
(4) Every institution which holds a certificate of registration which is revoked under this section shall, immediately after such revocation, surrender such certificate to the competent authority.
### 53. Appeal.
(1) Any person aggrieved by the order of the competent authority refusing to grant a certificate of registration or revoking a certificate of registration may, within such period as may be prescribed by the State Government, prefer an appeal to such appellate authority, as may be notified by the State Government against such refusal or revocation.
(2) The order of the appellate authority on such appeal shall be final.
### 54. Act not to apply to institutions established or maintained by Central or State Government.
- Nothing contained in this Chapter shall apply to an institution for persons with disabilities established or maintained by the Central Government or a State Government.
### 55. Assistance to registered institutions.
- The appropriate Government may within the limits of their economic capacity and development, grant financial assistance to registered institutions to provide services and to implement the schemes and programmes in pursuance of the provisions of this Act.
Chapter X
Certification of Specified Disabilities
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### 56. Guidelines for assessment of specified disabilities.
- The Central Government shall notify guidelines for the purpose of assessing the extent of specified disability in a person.
### 57. Designation of certifying authorities.
(1) The appropriate Government shall designate persons, having requisite qualifications and experience, as certifying authorities, who shall be competent to issue the certificate of disability.
(2) The appropriate Government shall also notify the jurisdiction within which and the terms and conditions subject to which, the certifying authority shall perform its certification functions.
### 58. Procedure for certification.
(1) Any person with specified disability, may apply, in such manner as may be prescribed by the Central Government, to a certifying authority having jurisdiction, for issuing of a certificate of disability.
(2) On receipt of an application under sub-section (1), the certifying authority shall assess the disability of the concerned person in accordance with relevant guidelines notified under section 56, and shall, after such assessment, as the case may be,-
(a) issue a certificate of disability to such person, in such form as may be prescribed by the Central Government;
(b) inform him in writing that he has no specified disability.
(3) The certificate of disability issued under this section shall be valid across the country.
### 59. Appeal against a decision of certifying authority.
(1) Any person aggrieved with decision of the certifying authority, may appeal against such decision, within such time and in such manner as may be prescribed by the State Government, to such appellate authority as the State Government may designate for the purpose.
(2) On receipt of an appeal, the appellate authority shall decide the appeal in such manner as may be prescribed by the State Government.
Chapter XI
Central and State Advisory Boards on Disability and District Level Committee
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### 60. Constitution of Central Advisory Board on Disability.
(1) The Central Government shall, by notification, constitute a body to be known as the Central Advisory Board on Disability to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
(2) The Central Advisory Board shall consist of,-
(a) the Minister in charge of Department of Disability Affairs in the Central Government, Chairperson, ex officio;
(b) the Minister of State in charge dealing with Department of Disability Affairs in the Ministry in the Central Government, Vice Chairperson, ex officio;
(c) three Members of Parliament, of whom two shall be elected by Lok Sabha and one by the Rajya Sabha, Members, ex officio;
(d) the Ministers in charge of Disability Affairs of all States and Administrators or Lieutenant Governors of the Union territories, Members, ex officio;
(e) Secretaries to the Government of India in charge of the Ministries or Departments of Disability Affairs, Social Justice and Empowerment, School Education and Literacy, and Higher Education, Women and Child Development, Expenditure, Personnel and Training, Administrative Reforms and Public Grievances, Health and Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and Promotion, Urban Development, Housing and Urban Poverty Alleviation, Science and Technology, Communications and Information Technology, Legal Affairs, Public Enterprises, Youth Affairs and Sports, Road Transport and Highways and Civil Aviation, Members, ex officio;
(f) Secretary, National Institute of Transforming India (NITI) Aayog, Member, ex officio;
(g) Chairperson, Rehabilitation Council of India, Member, ex officio;
(h) Chairperson, National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, Member, ex officio;
(i) Chairman-cum-Managing Director, National Handicapped Finance Development Corporation, Member, ex officio;
(j) Chairman-cum-Managing Director, Artificial Limbs Manufacturing Corporation, Member, ex officio;
(k) Chairman, Railway Board, Member, ex officio;
(l) Director-General, Employment and Training, Ministry of Labour and Employment, Member, ex officio;
(m) Director, National Council for Educational Research and Training, Member, ex officio;
(n) Chairperson, National Council of Teacher Education, Member, ex officio;
(o) Chairperson, University Grants Commission, Member, ex officio;
(p) Chairperson, Medical Council of India, Member, ex officio;
(q) Directors of the following Institutes:-
(i) National Institute for the Visually Handicapped, Dehradun;
(ii) National Institute for the Mentally Handicapped, Secundrabad;
(iii) Pandit Deen Dayal Upadhyay Institute for the Physically Handicapped, New Delhi;
(iv) Ali Yavar Jung National Institute for the Hearing Handicapped, Mumbai;
(v) National Institute for the Orthopaedically Handicapped, Kolkata;
(vi) National Institute of Rehabilitation Training and Research, Cuttack;
(vii) National Institute for Empowerment of Persons with Multiple Disabilities, Chennai;
(viii) National Institute for Mental Health and Sciences, Bangalore;
(ix) Indian Sign Language Research and Training Centre, New Delhi, Members, ex officio;
(r) Members to be nominated by the Central Government,-
(i) five Members who are experts in the field of disability and rehabilitation;
(ii) ten Members, as far as practicable, being persons with disabilities, to represent non-Governmental Organizations concerned with disabilities or disabled persons organizations:
Provided that out of the ten Members nominated, at least, five Members shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes;
(iii) up to three representatives of national level chambers of commerce and industry;
(s) Joint Secretary to the Government of India dealing with the subject of disability policy, Member-Secretary, ex officio.
### 61. Terms and conditions of Service of members.
(1) Save as otherwise provided under this Act, a Member of the Central Advisory Board nominated under clause (r) of sub-section (2) of section 60 shall hold office for a term of three years from the date of his nomination:
Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
(2) The Central Government may, if it thinks fit, remove any Member nominated under clause (r) of sub-section (2) of section 60, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.
(3) A Member nominated under clause (r) of sub-section (2) of section 60 may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon becomes vacant.
(4) A casual vacancy in the Central Advisory Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated.
(5) A Member nominated under sub-clause (i) or sub-clause (iii) of clause (r) of sub-section (2) of section 60 shall be eligible for renomination.
(6) The Members nominated under sub-clause (i) and sub-clause (ii) of clause (r) of sub-section (2) of section 60 shall receive such allowances as may be prescribed by the Central Government.
### 62. Disqualifications.
(1) No person shall be a Member of the Central Advisory Board, who -
(a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or
(b) is of unsound mind and stands so declared by a competent court, or
(c) is, or has been, convicted of an offence which, in the opinion of the Central Government, involves moral turpitude, or
(d) is, or at any time has been, convicted of an offence under this Act, or
(e) has so abused his position in the opinion of the Central Government as a Member so as to render his continuance in the office is prejudicial interests of the general public.
(2) No order of removal shall be made by the Central Government under this section unless the Member concerned has been given a reasonable opportunity of showing cause against the same.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section 61, a Member who has been removed under this section shall not be eligible for renomination as a Member.
### 63. Vacation of seats by Members.
- If a Member of the Central Advisory Board becomes subject to any of the disqualifications specified in section 62, his seat shall become vacant.
### 64. Meetings of the Central Advisory Board on disability.
- The Central Advisory Board shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.
### 65. Functions of Central Advisory Board on disability.
(1) Subject to the provisions of this Act, the Central Advisory Board on disability shall be the national-level consultative and advisory body on disability matters, and shall facilitate the continuous evolution of a comprehensive policy for the empowerment of persons with disabilities and the full enjoyment of rights.
(2) In particular and without prejudice to the generality of the foregoing provisions, the Central Advisory Board on disability shall perform the following functions, namely:-
(a) advise the Central Government and the State Governments on policies, programmes, legislation and projects with respect to disability;
(b) develop a national policy to address issues concerning persons with disabilities;
(c) review and coordinate the activities of all Departments of the Government and other Governmental and non-Governmental Organizations which are dealing with matters relating to persons with disabilities;
(d) take up the cause of persons with disabilities with the concerned authorities and the international organizations with a view to provide for schemes and projects for the persons with disabilities in the national plans;
(e) recommend steps to ensure accessibility, reasonable accommodation, nondiscrimination for persons with disabilities vis-à-vis information, services and the built environment and their participation in social life;
(f) monitor and evaluate the impact of laws, policies and programmes to achieve full participation of persons with disabilities; and
(g) such other functions as may be assigned from time to time by the Central Government.
### 66. State Advisory Board on disability.
(1) Every State Government shall, by notification, constitute a body to be known as the State Advisory Board on disability to exercise the powers conferred on, and to perform the function assigned to it, under this Act.
(2) The State Advisory Board shall consist of-
(a) the Minister in charge of the Department in the State Government dealing with disability matters, Chairperson, ex officio;
(b) the Minister of State or the Deputy Minister in charge of the Department in the State Government dealing with disability matters, if any, Vice-Chairperson, ex officio;
(c) secretaries to the State Government in charge of the Departments of Disability Affairs, School Education, Literacy and Higher Education, Women and Child Development, Finance, Personnel and Training, Health and Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and Promotion, Labour and Employment, Urban Development, Housing and Urban Poverty Alleviation, Science and Technology, Information Technology, Public Enterprises, Youth Affairs and Sports, Road Transport and any other Department, which the State Government considers necessary, Members, ex officio;
(d) three Members of the State Legislature of whom two shall be elected by the Legislative Assembly and one by the Legislative Council, if any, and where there is no Legislative Council, three Members shall be elected by the Legislative Assembly, Members, ex officio;
(e) Members to be nominated by the State Government:-
(i) five Members who are experts in the field of disability and rehabilitation;
(ii) five Members to be nominated by the State Government by rotation to represent the districts in such manner as may be prescribed:
Provided that no nomination under this sub-clause shall be made except on the recommendation of the district administration concerned;
(iii) ten persons as far as practicable, being persons with disabilities, to represent non-Governmental Organizations or associations which are concerned with disabilities:
Provided that out of the ten persons nominated under this clause, at least, five shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes;
(iv) not more than three representatives of the State Chamber of Commerce and Industry;
(f) officer not below the rank of Joint Secretary in the Department dealing with disability matters in the State Government, Member-Secretary, ex officio.
### 67. Terms and conditions of service of Members.
(1) Save as otherwise provided under this Act, a Member of the State Advisory Board nominated under clause (e) of sub-section (2) of section 66, shall hold office for a term of three years from the date of his nomination:
Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
(2) The State Government may, if it thinks fit, remove any Member nominated under clause (e) of sub-section (2) of section 66, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.
(3) A Member nominated under clause (e) of sub-section (2) of section 66 may at any time resign his office by writing under his hand addressed to the State Government and the seat of the said Member shall thereupon become vacant.
(4) A casual vacancy in the State Advisory Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated.
(5) A Member nominated under sub-clause (i) or sub-clause (iii) of clause (e) of sub-section (2) of section 66 shall be eligible for renomination.
(6) the Members nominated under sub-clause (i) and sub-clause (ii) of clause (e) of sub-section (2) of section 66 shall receive such allowances as may be prescribed by the State Government.
### 68. Disqualification.
(1) No person shall be a Member of the State Advisory Board, who-
(a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or
(b) is of unsound mind and stands so declared by a competent court, or
(c) is, or has been, convicted of an offence which, in the opinion of the State Government, involves moral turpitude, or
(d) is, or at any time has been, convicted of an offence under this Act, or
(e) has so abused in the opinion of the State Government his position as a Member as to render his continuance in the State Advisory Board detrimental to the interests of the general public.
(2) No order of removal shall be made by the State Government under this section unless the Member concerned has been given a reasonable opportunity of showing cause against the same.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section 67, a Member who has been removed under this section shall not be eligible for renomination as a Member.
### 69. Vacation of seats.
- If a Member of the State Advisory Board becomes subject to any of the disqualifications specified in section 68 his seat shall become vacant.
### 70. Meetings of State Advisory Board on disability.
- The State Advisory Board shall meet at least once in every six months and shall observe such rules or procedure in regard to the transaction of business at its meetings as may be prescribed by the State Government.
### 71. Functions of State Advisory Board on disability.
(1) Subject to the provisions of this Act, the State Advisory Board shall be the State-level consultative and advisory body on disability matters, and shall facilitate the continuous evolution of a comprehensive policy for the empowerment of persons with disabilities and the full enjoyment of rights.
(2) In particular and without prejudice to the generality of the foregoing provisions, the State Advisory Board on disability shall perform the following functions, namely:-
(a) advise the State Government on policies, programmes, legislation and projects with respect to disability;
(b) develop a State policy to address issues concerning persons with disabilities;
(c) review and coordinate the activities of all Departments of the State Government and other Governmental and non-Governmental Organizations in the State which are dealing with matters relating to persons with disabilities;
(d) take up the cause of persons with disabilities with the concerned authorities and the international organizations with a view to provide for schemes and projects for the persons with disabilities in the State plans;
(e) recommend steps to ensure accessibility, reasonable accommodation, nondiscrimination for persons with disabilities, services and the built environment and their participation in social life on an equal basis with others;
(f) monitor and evaluate the impact of laws, policies and programmes designed to achieve full participation of persons with disabilities; and
(g) such other functions as may be assigned from time to time by the State Government.
### 72. District-level Committee on disability.
- The State Government shall constitute District-level Committee on disability to perform such functions as may be prescribed by it.
### 73. Vacancies not to invalidate proceedings.
- No act or proceeding of the Central Advisory Board on disability, a State Advisory Board on disability, or a District-level Committee on disability shall be called in question on the ground merely of the existence of any vacancy in or any defect in the constitution of such Board or Committee, as the case may be.
Chapter XII
Chief Commissioner and State Commissioner for Persons with Disabilities
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### 74. Appointment of Chief Commissioner and Commissioners.
(1) The Central Government may, by notification, appoint a Chief Commissioner for Persons with Disabilities (hereinafter referred to as the "Chief Commissioner") for the purposes of this Act.
(2) The Central Government may, by notification appoint two Commissioners to assist the Chief Commissioner, of which one Commissioner shall be a persons with disability.
(3) A person shall not be qualified for appointment as the Chief Commissioner or Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation.
(4) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Chief Commissioner and Commissioners shall be such as may be prescribed by the Central Government.
(5) The Central Government shall determine the nature and categories of officers and other employees required to assist the Chief Commissioner in the discharge of his functions and provide the Chief Commissioner with such officers and other employees as it thinks fit.
(6) The officers and employees provided to the Chief Commissioner shall discharge their functions under the general superintendence and control of the Chief Commissioner.
(7) The salaries and allowances and other conditions of service of officers and employees shall be such as may be prescribed by the Central Government.
(8) The Chief Commissioner shall be assisted by an advisory committee comprising of not more than eleven members drawn from the experts from different disabilities in such manner as may be prescribed by the Central Government.
### 75. Functions of Chief Commissioner.
(1) The Chief Commissioner shall-
(a) identify, suo motu or otherwise, the provisions of any law or policy, programme and procedures, which are inconsistent with this Act and recommend necessary corrective steps;
(b) inquire, suo motu or otherwise, deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the Central Government is the appropriate Government and take up the matter with appropriate authorities for corrective action;
(c) review the safeguards provided by or under this Act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation;
(d) review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures;
(e) study treaties and other international instruments on the rights of persons with disabilities and make recommendations for their effective implementation;
(f) undertake and promote research in the field of the rights of persons with disabilities;
(g) promote awareness of the rights of persons with disabilities and the safeguards available for their protection;
(h) monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities;
(i) monitor utilization of funds disbursed by the Central Government for the benefit of persons with disabilities; and
(j) perform such other functions as the Central Government may assign.
(2) The Chief Commissioner shall consult the Commissioners on any matter while discharging its functions under this Act.
### 76. Action of appropriate authorities on recommendation of Chief Commissioner.
- Whenever the Chief Commissioner makes a recommendation to an authority in pursuance of clause (b) of section 75, that authority shall take necessary action on it, and inform the Chief Commissioner of the action taken within three months from the date of receipt of the recommendation:
Provided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the Chief Commissioner within a period of three months, and shall also inform the aggrieved person.
### 77. Powers of Chief Commissioner.
(1) The Chief Commissioner shall, for the purpose of discharging his functions under this Act, have the same powers of a civil court as are vested in a court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any documents;
(c) requisitioning any public record or copy thereof from any court or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of witnesses or documents.
(2) Every proceeding before the Chief Commissioner shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Chief Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
### 78. Annual and special reports by Chief Commissioner.
(1) The Chief Commissioner shall submit an annual report to the Central Government and may at any time submit special reports on any matter, which, in his opinion, is of such urgency or importance that it shall not be deferred till submission of the annual report.
(2) The Central Government shall cause the annual and the special reports of the Chief Commissioner to be laid before each House of Parliament, along with a memorandum of action taken or proposed to be taken on his recommendations and the reasons for nonacceptance the recommendations, if any.
(3) The annual and special reports shall be prepared in such form, manner and contain such details as may be prescribed by the Central Government.
### 79. Appointment of State Commissioner in States.
(1) The State Government may, by notification, appoint a State Commissioner for Persons with Disabilities (hereinafter referred to as the "State Commissioner") for the purposes of this Act.
(2) A person shall not be qualified for appointment as the State Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation.
(3) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the State Commissioner shall be such as may be prescribed by the State Government.
(4) The State Government shall determine the nature and categories of officers and other employees required to assist the State Commissioner in the discharge of his functions and provide the State Commissioner with such officers and other employees as it thinks fit.
(5) The officers and employees provided to the State Commissioner shall discharge his functions under the general superintendence and control of the State Commissioner.
(6) The salaries and allowances and other conditions of service of officers and employees shall be such as may be prescribed by the State Government.
(7) The State Commissioner shall be assisted by an advisory committee comprising of not more than five members drawn from the experts in the disability sector in such manner as may be prescribed by the State Government.
### 80. Functions of State Commissioner.
- The State Commissioner shall-
(a) identify, suo motu or otherwise, provision of any law or policy, programme and procedures, which are in consistent with this Act, and recommend necessary corrective steps;
(b) inquire, suo motu or otherwise deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the State Government is the appropriate Government and take up the matter with appropriate authorities for corrective action;
(c) review the safeguards provided by or under this Act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation;
(d) review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures;
(e) undertake and promote research in the field of the rights of persons with disabilities;
(f) promote awareness of the rights of persons with disabilities and the safeguards available for their protection;
(g) monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities;
(h) monitor utilization of funds disbursed by the State Government for the benefits of persons with disabilities; and
(i) perform such other functions as the State Government may assign.
### 81. Action by appropriate authorities on recommendation of State Commissioner.
- Whenever the State Commissioner makes a recommendation to an authority in pursuance of clause (b) of section 80, that authority shall take necessary action on it, and inform the State Commissioner of the action taken within three months from the date of receipt of the recommendation:
Provided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the State Commissioner for Persons with Disabilities within the period of three months, and shall also inform the aggrieved person.
### 82. Powers of State Commissioner.
(1) The State Commissioner shall, for the purpose of discharging their functions under this Act, have the same powers of a civil court as are vested in a court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any documents;
(c) requisitioning any public record or copy thereof from any court or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of witnesses or documents.
(2) Every proceeding before the State Commissioner shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the State Commissioners shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
### 83. Annual and special reports by State Commissioner.
(1) The State Commissioner shall submit an annual report to the State Government and may at any time submit special reports on any matter, which, in its opinion, is of such urgency or importance that it shall not be deferred till submission of the annual report.
(2) The State Government shall cause the annual and the special reports of the State Commissioner for persons with disabilities to be laid before each House of State Legislature where it consists of two Houses or where such Legislature consist of one House, before that House along with a memorandum of action taken or proposed to be taken on the recommendation of the State Commissioner and the reasons for non-acceptance the recommendations, if any.
(3) The annual and special reports shall be prepared in such form, manner and contain such details as may be prescribed by the State Government.
Chapter XIII
Special Court
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### 84. Special Court.
- For the purpose of providing speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district, a Court of Session to be a Special Court to try the offences under this Act.
### 85. Special Public Prosecutor.
(1) For every Special Court, the State Government may, by notification, specify a Public Prosecutor or appoint an advocate, who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.
(2) The Special Public Prosecutor appointed under sub-section (1) shall be entitled to receive such fees or remuneration as may be prescribed by the State Government.
Chapter XIV
National Fund for Persons with Disabilities
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### 86. National Fund for persons with disabilities.
(1) There shall be constituted a Fund to be called the National Fund for persons with disabilities and there shall be credited thereto-
(a) all sums available under the Fund for people with disabilities, constituted vide notification No. S.O. 573 (E), dated the 11th August, 1983 and the Trust Fund for Empowerment of Persons with Disabilities, constituted vide notification No. 30-03/ 2004-DDII, dated the 21st November, 2006, under the Charitable Endowment Act, 1890.
(b) all sums payable by banks, corporations, financial institutions in pursuance of judgment dated the 16th April, 2004 of the Hon'ble Supreme Court in Civil Appeal Nos. 4655 and 5218 of 2000;
(c) all sums received by way of grant, gifts, donations, benefactions, bequests or transfers;
(d) all sums received from the Central Government including grants-in-aid;
(e) all sums from such other sources as may be decided by the Central Government.
(2) The Fund for persons with disabilities shall be utilized and managed in such manner as may be prescribed.
### 87. Accounts and audit.
(1) The Central Government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the Fund including the income and expenditure accounts in such form as may be prescribed in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable from the Fund 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 Fund shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts, and in particular, shall have the right to demand production of books of account, connected vouchers and other documents and papers and to inspect any of the offices of the Fund.
(4) The accounts of the Fund 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 laid before each House of Parliament by the Central Government.
Chapter XV
State Fund for Persons with Disabilities
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### 88. State Fund for persons with disabilities.
(1) There shall be constituted a Fund to be called the State Fund for persons with disabilities by a State Government in such manner as may be prescribed by the State Government.
(2) The State Fund for persons with disabilities shall be utilized and managed in such manner as may be prescribed by the State Government.
(3) Every State Government shall maintain proper accounts and other relevant records of the State Fund for persons with disabilities including the income and expenditure accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India.
(4) The accounts of the State Fund for persons with disabilities shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable from the State Fund to the Comptroller and Auditor-General of India.
(5) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the State Fund for persons with disabilities shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts, and in particular, shall have right to demand production of books of accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Fund.
(6) The accounts of the State Fund for persons with disabilities 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 laid before each House of the State Legislature where it consists of two Houses or where such Legislature consists of one House before that House.
Chapter XVI
Offences and Penalties
---------------------------------------
### 89. Punishment for contravention of provisions of Act or rules or regulations made thereunder.
- Any person who contravenes any of the provisions of this Act, or of any rule made thereunder shall for first contravention be punishable with fine which may extend to ten thousand rupees and for any subsequent contravention with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees.
### 90. Offences by companies.
(1) Where an offense under this Act has been committed by a company, every person who at the time the offense 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 offense and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he 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 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.
### 91. Punishment for fraudulently availing any benefit meant for persons with benchmark disabilities.
- Whoever, fraudulently avails or attempts to avail any benefit meant for persons with benchmark disabilities, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both.
### 92. Punishment for offences of atrocities.
- Whoever,-
(a) intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view;
(b) assaults or uses force to any person with disability with intent to dishonour him or outrage the modesty of a woman with disability;
(c) having the actual charge or control over a person with disability voluntarily or knowingly denies food or fluids to him or her;
(d) being in a position to dominate the will of a child or woman with disability and uses that position to exploit her sexually;
(e) voluntarily injures, damages or interferes with the use of any limb or sense or any supporting device of a person with disability;
(f) performs, conducts or directs any medical procedure to be performed on a woman with disability which leads to or is likely to lead to termination of pregnancy without her express consent except in cases where medical procedure for termination of pregnancy is done in severe cases of disability and with the opinion of a registered medical practitioner and also with the consent of the guardian of the woman with disability,
shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
### 93. Punishment for failure to furnish information.
- Whoever, fails to produce any book, account or other documents or to furnish any statement, information or particulars which, under this Act or any order, or direction made or given thereunder, is duty bound to produce or furnish or to answer any question put in pursuance of the provisions of this Act or of any order, or direction made or given thereunder, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to one thousand rupees for each day, of continued failure or refusal after the date of original order imposing punishment of fine.
### 94. Previous sanction of appropriate Government.
- No Court shall take cognizance of an offence alleged to have been committed by an employee of the appropriate Government under this Chapter, except with the previous sanction of the appropriate Government or a complaint is filed by an officer authorized by it in this behalf.
### 95. Alternative punishments.
- Where an act or omission constitutes an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained in any other law for the time being in force, the offender found guilty of such offence shall be liable to punishment only under such Act as provides for punishment which is greater in degree.
Chapter XVII
Miscellaneous
-------------------------------
### 96. Application of other laws not barred.
- The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.
### 97. Protection of action taken in good faith.
- No suit, prosecution or other legal proceeding shall lie against the appropriate Government or any officer of the appropriate Government or any officer or employee of the Chief Commissioner or the State Commissioner for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
### 98. 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 or give such directions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid as soon as may be, after it is made, before each House of Parliament.
### 99. Power to amend Schedule.
(1) On the recommendations made by the appropriate Government or otherwise, if the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Schedule and any such notification being issued, the Schedule shall be deemed to have been amended accordingly.
(2) Every such notification shall, as soon as possible after it is issued, shall be laid before each House of Parliament.
### 100. Power of Central Government to make rules.
(1) The Central Government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the manner of constituting the Committee for Research on Disability under sub-section (2) of section 6;
(b) the manner of notifying the equal opportunity policy under sub-section (1) of section 21;
(c) the form and manner of maintaining records by every establishment under sub-section (1) of section 22;
(d) the manner of maintenance of register of complaints by grievance redressal officer under sub-section (3) of section 23;
(e) the manner of furnishing information and return by establishment to the Special Employment Exchange under section 36;
(f) the composition of the Assessment Board under sub-section (2) and manner of assessment to be made by the Assessment Board under sub-section (3) of section 38;
(g) rules for person with disabilities laying down the standards of accessibility under section 40;
(h) the manner of application for issuance of certificate of disability under sub-section (1) and form of certificate of disability under sub-section (2) of section 58;
(i) the allowances to be paid to nominated Members of the Central Advisory Board under sub-section (6) of section 61;
(j) the rules of procedure for transaction of business in the meetings of the Central Advisory Board under section 64;
(k) the salaries and allowances and other conditions of services of Chief Commissioner and Commissioners under sub-section (4) of section 74;
(l) the salaries and allowances and conditions of services of officers and staff of the Chief Commissioner under sub-section (7) of section 74;
(m) the composition and manner of appointment of experts in the advisory committee under sub-section (8) of section 74;
(n) the form, manner and content of annual report to be prepared and submitted by the Chief Commissioner under sub-section (3) of section 78;
(o) the procedure, manner of utilization and management of the Fund under sub-section (2) of section 86; and
(p) the form for preparation of accounts of Fund under sub-section (1) of section 87.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 101. Power of State Government to make rules.
(1) The State Government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act, not later than six months from the date of commencement of this Act.
(2) In particular, and without prejudice to the generality of foregoing powers, such rules may provide for all or any of the following matters, namely:-
(a) the manner of constituting the Committee for Research on Disability under sub-section (2) of section 5;
(b) the manner of providing support of a limited guardian under sub-section (1) of section 14;
(c) the form and manner of making an application for certificate of registration under sub-section (1) of section 51;
(d) the facilities to be provided and standards to be met by institutions for grant of certificate of registration under sub-section (3) of section 51;
(e) the validity of certificate of registration, the form of, and conditions attached to, certificate of registration under sub-section (4) of section 51;
(f) the period of disposal of application for certificate of registration under sub-section (7) of section 51;
(g) the period within which an appeal to be made under sub-section (1) of section 53;
(h) the time and manner of appealing against the order of certifying authority under sub-section (1) and manner of disposal of such appeal under sub-section (2) of section 59;
(i) the allowances to be paid to nominated Members of the State Advisory Board under sub-section (6) of section 67;
(j) the rules of procedure for transaction of business in the meetings of the State Advisory Board under section 70;
(k) the composition and functions of District Level Committee under section 72;
(l) salaries, allowances and other conditions of services of the State Commissioner under sub-section (3) of section 79;
(m) the salaries, allowances and conditions of services of officers and staff of the State Commissioner under sub-section (3) of section 79;
(n) the composition and manner of appointment of experts in the advisory committee under sub-section (7) of section 79;
(o) the form, manner and content of annual and special reports to be prepared and submitted by the State Commissioner under sub-section (3) of section 83;
(p) the fee or remuneration to be paid to the Special Public Prosecutor under sub-section (2) of section 85;
(q) the manner of constitution of State Fund for persons with disabilities under sub-section (1), and the manner of utilization and management of State Fund under sub-section (2) of section 88;
(r) the form for preparation of accounts of the State Fund for persons with disabilities under sub-section (3) of section 88.
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such State Legislature consists of one House, before that House.
### 102. Repeal and savings.
(1) The Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995 is hereby repealed.
(2) Notwithstanding the repeal of the said Act, anything done or any action taken under the said Act, shall be deemed to have been done or taken under the corresponding provisions of this Act.
The Schedule
[See clause (zc) of section 2]
Specified Disability
### 1. Physical disability. - A. Locomotor disability (a person's inability to execute distinctive activities associated with movement of self and objects resulting from affliction of musculoskeletal or nervous system or both), including-
(a) "leprosy cured person" means a person who has been cured of leprosy but is suffering from-
(i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity;
(ii) manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity;
(iii) extreme physical deformity as well as advanced age which prevents him/her from undertaking any gainful occupation, and the expression "leprosy cured" shall construed accordingly;
(b) "cerebral palsy" means a Group of non-progressive neurological condition affecting body movements and muscle coordination, caused by damage to one or more specific areas of the brain, usually occurring before, during or shortly after birth;
(c) "dwarfism" means a medical or genetic condition resulting in an adult height of 4 feet 10 inches (147 centimeters) or less;
(d) "muscular dystrophy" means a group of hereditary genetic muscle disease that weakens the muscles that move the human body and persons with multiple dystrophy have incorrect and missing information in their genes, which prevents them from making the proteins they need for healthy muscles. It is characterized by progressive skeletal muscle weakness, defects in muscle proteins, and the death of muscle cells and tissue;
(e) "acid attack victims" means a person disfigured due to violent assaults by throwing of acid or similar corrosive substance.
B. Visual impairment-
(a) "blindness" means a condition where a person has any of the following conditions, after best correction-
(i) total absence of sight; or
(ii) visual acuity less than 3/60 or less than 10/200 (Snellen) in the better eye with best possible correction; or
(iii) limitation of the field of vision subtending an angle of less than 10 degree.
(b) "low-vision" means a condition where a person has any of the following conditions, namely:-
(i) visual acuity not exceeding 6/18 or less than 20/60 upto 3/60 or upto 10/200 (Snellen) in the better eye with best possible corrections; or
(ii) limitation of the field of vision subtending an angle of less than 40 degree up to 10 degree.
C. Hearing impairment-
(a) "deaf" means persons having 70 DB hearing loss in speech frequencies in both ears;
(b) "hard of hearing" means person having 60 DB to 70 DB hearing loss in speech frequencies in both ears;
D. "speech and language disability" means a permanent disability arising out of conditions such as laryngectomy or aphasia affecting one or more components of speech and language due to organic or neurological causes.
### 2. Intellectual disability, a condition characterised by significant limitation both in intellectual functioning (reasoning, learning, problem solving) and in adaptive behaviour which covers a range of every day, social and practical skills, including- (a) "specific learning disabilities" means a heterogeneous group of conditions wherein there is a deficit in processing language, spoken or written, that may manifest itself as a difficulty to comprehend, speak, read, write, spell, or to do mathematical calculations and includes such conditions as perceptual disabilities, dyslexia, dysgraphia, dyscalculia, dyspraxia and developmental aphasia;
(b) "autism spectrum disorder" means a neuro-developmental condition typically appearing in the first three years of life that significantly affects a person's ability to communicate, understand relationships and relate to others, and is frequently associated with unusal or stereotypical rituals or behaviours.
### 3. Mental behaviour. - "mental illness" means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, but does not include retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence. ###
4. Disability caused due to-
(a) chronic neurological conditions, such as-
(i) "multiple sclerosis" means an inflammatory, nervous system disease in which the myelin sheaths around the axons of nerve cells of the brain and spinal cord are damaged, leading to demyelination and affecting the ability of nerve cells in the brain and spinal cord to communicate with each other;
(ii) "parkinson's disease" means a progressive disease of the nervous system marked by tremor, muscular rigidity, and slow, imprecise movement, chiefly affecting middle-aged and elderly people associated with degeneration of the basal ganglia of the brain and a deficiency of the neurotransmitter dopamine.
(b) Blood disorder-
(i) "haemophilia" means an inheritable disease, usually affecting only male but transmitted by women to their male children, characterised by loss or impairment of the normal clotting ability of blood so that a minor would may result in fatal bleeding;
(ii) "thalassemia" means a group of inherited disorders characterised by reduced or absent amounts of haemoglobin.
(iii) "sickle cell disease" means a hemolytic disorder characterised by chronic anemia, painful events, and various complications due to associated tissue and organ damage; "hemolytic" refers to the destruction of the cell membrane of red blood cells resulting in the release of hemoglobin.
### 5. Multiple Disabilities (more than one of the above specified disabilities) including deaf blindness which means a condition in which a person may have combination of hearing and visual impairments causing severe communication, developmental, and educational problems. ###
6. Any other category as may be notified by the Central Government.
|
65ba887bab84c7eca86ebf21 | acts |
Union of India - Act
----------------------
The Cochin Port Employees (Festival Advance) Regulations, 1997
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UNION OF INDIA
India
The Cochin Port Employees (Festival Advance) Regulations, 1997
================================================================
Rule THE-COCHIN-PORT-EMPLOYEES-FESTIVAL-ADVANCE-REGULATIONS-1997 of 1997
--------------------------------------------------------------------------
* Published on 7 February 1997
* Commenced on 7 February 1997
The Cochin Port Employees (Festival Advance) Regulations, 1997
Published vide Notification Gazette of India, Extraordinary, Part 2, Section 3(i) dated 7th February, 1997 (w.e.f. 7th February, 1997).
### 1948. G.S.R. 65(E) , dated 7th February, 1997. - In exercise of the powers conferred sub-section (1) Section 124, read with sub-section (1) of Section 132 of the Major Ports Act, 1963 (38 of 1963) the Government hereby approves the Cochin Port Employees (Festival Advance) Regulations, 1997 made by Board of Trustees for the Port of Cochin and the set in Second Schedule annexed to this notification. The said regulations shall come into force-on the date of publication of this notification in the Official Gazette.
Schedule
----------
In exercise of the powers conferred by Section 28 of the Major Port Trust Act, 1963 (38 of 1963), the Cochin Port hereby makes the following Regulations subject to approval of the Central Government and the same is published herein as required under Section 124 of the said Act.
### 1. Short title and commencement.
- (i) These Regulations may be called the Cochin Port Employees (Festival Advance) Regulations, 1997.
(ii) They shall come into effect from the date of their publication in the Official Gazette.
### 2. Definitions.
- In these Regulations, unless the context otherwise requires---
(a) "Accounts Officer" means the Financial Advisor and Chief Accountants Officer of the Board or any other Officer authorised by him in this himself.
(b) "Advance" means the advance admissible under these Regulations.
(c) "Board", "Chairman" and "Head of Department" shall have the same meaning as assigned to them in the Major Port Trusts Act, 1963.
(d) "Head of Office" means the Drawing Officer concerned.
(e) "Employees" means an employee of the Board.
(f) "Financial Year" means the year beginning on the 1st April and ending on the 31st March following.
(g) "Important Festival" means-
(i) Republic day
(ii) Ramzan
(iii) Vishu
(iv) Easter
(v) Bakrid
(vi) Independence Day
(vii) Onam
(viii) Deepavali
(ix) Christmas
(x) Any other festival which the competent authority may declare, by a general or special order, after taking into consideration the importance attached locally or otherwise to such festival.
### 3. Extent of application. - (1) Save as otherwise provided in these regulations, the advance is admissible to all regular employees (permanent and temporary), of Classes III and IV including part-time employees, irrespective of their pay range.
(2) The advance is not admissible to :-
(i) Persons paid from contingencies, and
(ii) Apprentices.
### 4. Conditions of eligibility.
(1) An advance shall be granted only on the event of any one of the important festivals, irrespective of the religious faith of the employee concerned.
(2) The advance shall not be granted to an employee more than once in a financial year.
(3) The advance under these regulations shall be granted to an employee if he is on duty, or on earned leave or on any other leave equivalent thereto, including maternity leave, but excluding leave preparatory to retirement on the date on which the advance is applied for.
(4) The advance under these Regulations shall not be granted to an employee unless an advance already granted to him has been fully recovered.
(5) The advance shall not be granted to a temporary employee unless he is likely to continue in service with the Board for a period of at least one year beyond the month in which the advance is disbursed.
(6) The advance shall not be granted to an employee unless he applies for it in writing to the Head of office at least a fortnight before the date of the festival for which the advance is applied for. This condition can, however, he relaxed by the authority who is empowered to sanction the advance, in individual cases, if he is satisfied that the applicant was prevented from making the application within the time limit specified.
### 5. Interest-free advance.
- The advance granted under these Regulations shall be free of interest.
### 6. Amount of advance.
- The amount of advance which may be granted to a regular employee not exceeding Rs. 1,500 (Rupees one thousand five hundred only).
### 7. Disbursement of advance.
- The amount of advance sanctioned under these regulations shall be disbursed to an employee before the festival in respect of which the advance is sanctioned.
### 8. Recovery of advance.
(1) The amount of advance granted under these regulations shall be recovered in not more than 10 equal monthly instalments.
(2) The recovery of the amount of advance shall commence with the issue of pay or leave salary, as the case may be, for the month following that in which such amount is disbursed.
### 9. Accounts of advance.
- The procedure for maintenance of accounts and watching the recoveries shall be as specified in Annexure 'A' to the regulations.
### 10. Interpretation of Regulations.
- If any question arises as to the interpretation of these regulations, the same shall be decided by the Board.
### 11. Repeal and savings.
- All rules corresponding to these regulations and any orders issued in this regard from time to time and in force immediately before the commencement of these regulations are hereby repealed.
Provided that any order made or any action taken under the regulations so repealed shall be deemed to have been made or taken under the corresponding provision of these regulations.
Annexure 'A'
[See Regulation 9]
### 1. Head of Office should ensure that the conditions attached to grant of festival advance are fulfilled and that proper accounts are maintained and the recoveries of the advance are effected. ###
2. The payment of advance should be entered invariably by each Head of Office and the Disbursing Officer in the relevant columns of the Pay Bill Register maintained in Form TR 22-A. Monthly recoveries effected from the individuals concerned should also be noticed in the recovery column in that register. No separate register merely for watching the recovery of advance individual-wise is required to be maintained.
monthly abstract of recoveries should be prepared and attached to the Pay Bill for a month by each Head of Office, copies of the monthly abstracts should be maintained by the Head of Office and kept bound for each year separately.
### 3. Each Head of Office shall be wholly and solely responsible for effecting the recoveries of such advance. ###
4. When an employee is transferred from one office to another, the amount of advance paid and the balance (instalment and amount) outstanding as on date of transfer shall be mentioned in the last pay certificate to be issued by the Head of Office.
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65b98a73ab84c7eca86e9573 | acts |
Mysore State - Act
--------------------
The Mysore High Court (Extension Of Jurisdiction To Coorg) Act, 1952
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MYSORE STATE
India
The Mysore High Court (Extension Of Jurisdiction To Coorg) Act, 1952
======================================================================
Act 72 of 1952
----------------
* Published on 1 January 1952
* Commenced on 1 January 1952
Central Government Act
The Mysore High Court (Extension Of Jurisdiction To Coorg) Act, 1952
THE MYSORE HIGH COURT (EXTENSION OF JURISDICTION TO COORG) ACT, 1952
ACT NO. 72 OF 1952 AN ACT TO EXTEND THE JURISDICTION OF THE HIGH COURT OF MY
SORE TOTHE STATE OF
[ 18th December, 1952.]
BE it enacted by Parliament as follows:-
### 1. Short title and commencement.(1) This Act may be called the Mysore High Court (Extension of Jurisdiction to Coorg) Act, 1952 .
(2) It shall come into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoint.
### 2. definitions. In this Act,-(a) appointed day" means the date appointed under sub section (2) of section 1 for the coming into force of this Act;
(b) Coorg Order" means the Madras High Court (Extension of Jurisdiction to Coorg) Order, 1948 , made by the Governor General on the 28th day of February, 1948 ;
(c) proceeding in relation to Coorg" means any appeal or other proceeding from, or in respect of, any judgment, decree or order of any Court or tribunal within the State of Coorg.
### 3. Extension of jurisdiction of Mysore High Court to, and exclusion of the jurisdiction of madras High Court from, coorg. Save as otherwise expressly provided in any other enactment, as from the appointed day,-(a) the jurisdiction of the High Court of Mysore shall extend to the whole of the State of Coorg; and
(b) the, jurisdiction of the High Court at Madras to entertain, or dispose of, any proceeding in relation to Coorg, whether such jurisdiction is exercisable by virtue of the Coorg Order or of any enactment specified in the Schedule, shall cease.
### 4. Transfer of pending proceedings to Mysore High Court. Save as otherwise expressly provided in any other enactment, all proceedings in relation to Coorg pending in the High Court at Madras immediately before the appointed day shall by virtue of this
### 1. 1st April, 1953, vide Notification No. S. R. O. 469, dated the 6th March, 1953, Gazette of India, 1953, Pt. II, See. 3, p. 294. Act stand transferred to the High Court of Mysore and shall be dis- posed of by it in exercise of the jurisdiction conferred on it by this Act.
### 5. Effect of orders of Madras High Court. Any judgment, decree or order in any proceeding in relation to Coorg made before the appointed day by the High Court at Madras shall, for all purposes have effect, not only as a judgment, decree or order of that Court, but also as if it were a judgment, decree or order made by the High Court of Mysore in the exercise of the jurisdiction conferred on it by this Act.
### 6. Amendment of certain enactments. The enactments specified in the Schedule shall be amended in the manner specified therein.
### 7. Coorg Order to cease to have effect. As from the appointed day, the Coorg Order shall cease to have effect.
|
65ba0c8dab84c7eca86ea908 | acts |
State of Andhra Pradesh - Act
-------------------------------
Standard Formats prescribed by Government of A. P. under A.P. Civil Services (Classification, Control and Appeal) Rules, 1991
-------------------------------------------------------------------------------------------------------------------------------
ANDHRA PRADESH
India
Standard Formats prescribed by Government of A. P. under A.P. Civil Services (Classification, Control and Appeal) Rules, 1991
===============================================================================================================================
Rule STANDARD-FORMATS-PRESCRIBED-BY-GOVERNMENT-OF-A-P-UNDER-A-P-CIVIL-SERVICES-CLASSIFICATION-CONTROL-AND-APPEAL-RULES-1991 of 1991
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* Published on 1 March 1996
* Commenced on 1 March 1996
Standard Formats prescribed by Government of A. P. under A.P. Civil Services (Classification, Control and Appeal) Rules, 1991
Published vide Notification G.O.Ms.No. 82, G.A.D., Dated 1st March, 1996
Read : - G.O. Ms. No. 487, General Administrator (Ser.C) Department, Dated 14.9.1992.
### 1. Order.
- Under the provisions of Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, the competent authority should issue orders in disciplinary cases after due consideration, in the relevant proforma annexed to this Order as indicated below
(1) Under F.R. 53(2), the suspended official shall submit to the competent authority, a certificate that he/she is not engaged in any other employment, business, profession or vacation. The format of certificate to be submitted shall be in the format as shown in Form -I annexed to this Order.
(2) The competent authority shall frame the Articles of charges in a disciplinary case in the format as shown in Form -II annexed to this order.
(3) The competent authority shall issue an order of revocation of a suspension order in the format as shown in Form III annexed to this order.
(4) The competent authority shall issue orders for appointing Inquiry Authority in a disciplinary case in the format as shown in Form -IV annexed to this order.
(5) The competent authority shall issue orders for appointment of a Presenting Officer under Rule 20(5) (c) in the format as shown in Form -V annexed to this order.
(6) The competent authority shall frame the Memorandum of charges for imposing minor penalty in the format as shown in Form -VI annexed to this order.
(7) The competent authority shall initiate Minor Penalty Proceedings in the format as shown in Form -VII annexed to this order.
(8) The competent authority shall initiate disciplinary action in common proceedings in the format as shown in Form -VIII annexed to this order.
### 2. All Departments of Secretariat, Heads of Departments etc., are requested to bring these orders to the notice of all competent authorities.
Form I
Standard Form Of Certificate To Be Furnished By The Suspended Official Under F.R. 53(2) I ..................................(name of Government servant) having been placed under suspension by Order No............ Dated ........... while holding the post of.....................................do hereby certify that I have not been employed in any business.
Signature
Name of the Government servant:
Address:
Form II
Standard Form Of Articles Of Charges
Public Services - Sri.................................. (name and designation) ....................................................Department - Departmental Proceedings under Rule 20 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 - Articles of charges - Issued.
G.O. Rt. No.
Dated :
Order :
### 1. It is proposed to hold an enquiry against Sri.................................... (name and designation)...................... Department in accordance with the procedure laid down in Rule 20 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. ###
2. The substance of the imputations of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charges (Annexure - I). A list of documents by which, and a list of witnesses by whom, the articles of charges are proposed to be sustained are also enclosed (Annexure - II and III).
### 3. Sri...................(Name and designation) is directed to submit within 10 days of the receipt of this order, a written statement of his/her defence.
### 4. Sri...................(Name and designation) is informed that an inquiry will be held only in respect of those articles of charges as are not admitted. He/She should, therefore, specifically admit or deny each article of charge.
### 5. Sri...................(Name and designation) is further intormed that if he/she does not submit his/her written statement of defence on or before the date specified in para -3 above further action will be processed based on the material available.
### 6. Attention of Sri...................is invited to Rule 24 of the Andhra Pradesh Civil Services (Conduct) Rules, 1964, under which no Government servant shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the Government. If any representation is received on his behalf from another person in respect of any matter dealt with in these proceedings it will be presumed that Sri................... is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of Rule 24 of the Andhra Pradesh Civil Services (Conduct) Rules, 1964.
The receipt of the Memorandum may be acknowledged.
(In The Name Of The Disciplinary Authority)
To
Sri.................
Annexure - I
Statement of articles of charge framed against Sri.................
(Name and Designation)
Article - I : - That the said Sri................. (Name and Designation) while functioning as................. during the period.................
Basis of the Charge : -
Article - II : - That during the aforesaid period and while functioning in the aforesaid office, the said Sri................. (Name and Designation).
Basis of the Charge : -
Article - III : - That during the aforesaid period and while functioning in the aforesaid Office, the said Sri................. (Name and Designation).
Basis of the Charge : -
Annexure - II
List of documents by which the articles of charge framed against Sri................. (Name and designation) are proposed to be sustained.
Annexure - III
List of witnesses by whom the articles of charge framed against Sri................. (Name and designation) are proposed to be sustained.
Form III
Standard Form Of Order For Revocation Of Suspension Order
(Rule 8(5) (c) of A.P. Civil Services (C.C.A.) Rules, 1991)
Dated........
MEMO. NO........
Sub : -
Ref : -
Whereas, an order placing Sri................. (Name and Designation of the Government Servant) under suspension was made/was deemed to have been made by................. on .................
### 2. Now, therefore, (the authority which made or is deemed to have made the order of suspension or any authority to which that authority is subordinate) in exercise of the powers conferred by clause (c) of sub -rule(5) of Rule 8 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, hereby revoke the said order of suspension with immediate affect. (In The Name Of Competent Authority/disciplinary Authority)
To
Sri.................
(Name and designation of suspended Officer)
Sri.................
(Name and designation of appointing authority)
Sri.................
(Name and designation of lending authority making orders of suspension)
Sri.................
(Name and designation of the authority making the order of suspension).
Form IV
Standard Form Of Order Relating To Appointment Of Inquiring Authority
(Rule 20 of A.P. Civil Services (C. C.A.) Rules, 1991)
Dated........
MEMO. NO.................
Sub :
Whereas, an inquiry under Rule 20 of the A.P. Civil Services (Classification, Control and Appeal) Rules, 1991 is being held against Sri................. (Name and Designation of the Government Servant)
### 2. And Whereas, it is considered that an Inquiring Authority should be appointed to inquire into the charges framed against the said Sri................. ###
3. Now, Therefore, in exercise of the powers conferred by sub -rule (2) of Rule 20 of the said rules, the disciplinary authority hereby appoints Sri................. (Name and Designation of the Inquiring Officer) as the Inquiring Authority to inquire into the charges framed against the said Sri.................
SIGNATURE
Designation of the Competent Authority
COPY TO : (Name and designation of the Government Servant)
COPY TO : (Name and designation of the Inquiring Authority)
COPY TO : (Name and designation of the lending authority, where necessary) for information.
Form V
Standard Form Of Order Relating To The Appointment Of Presenting Officer
(Rule 20(5) (C) of A.P. Civil Services (C.C.A.) Rules, 1991)
Dated........
MEMO. NO.................
Sub : -
Whereas, an inquiry under Rule 20 of the A.P. Civil Services (Classification, Control and Appeal) Rules, 1991 is being held against Sri................. (Name and Designation of the charged officer).
### 2. And Whereas, it is considered that a Presenting Officer should be appointed to present on behalf of the disciplinary authority the case in support of the articles of charge. ###
3. Now, Therefore, the disciplinary authority in exercise of the powers conferred by sub -rule (5) of Rule 20 of the said rules, hereby appoints [ x x x]
[Omitted by G.O. Ms. No. 93, GA., (Ser -C) Department Dated 7 -2 -2011]
................. [ x x x ]
[Omitted by G.O. Ms. No. 93, GA., (Ser -C) Department Dated 7 -2 -2011]
Designation of the Presenting Officer) as the Presenting Officer.
(In The Name Of Disciplinary Authority)
COPY TO :
### 1. The Presenting Officer ###
2. The Charged Officer
### 3. The Inquiry Officer Form VI
Standard Form Of Memorandum Of Charge For Minor Penalties
(Rule 22 of A.P. Civil Services (C.C.A.) Rules, 1991)
Dated........
MEMO. NO.................
Sub: -
Sri................. (Designation) ................. (Office in which working) is hereby informed that it is proposed to take action against him/her under Rule 22 of the Andhra Pradesh Civil Services (Classification, control and Appeal) Rules, 1991. A statement of the imputation of misconduct or misbehaviour on which action is proposed to be taken is enclosed.
### 2. Shri/Smt. ................. is hereby given an opportunity to make such representation as he/she may wish to make against the proposal. ###
3. If Shri/Smt. ................. fails to submit his/her representation within ten days of the receipt of this Memorandum, it will be presumed that he/she has no representation to make and orders will be liable to be passed against Shri/Smt. ................. ex -parte.
### 4. The receipt of this Memorandum should be acknowledged by Shri/Smt................. (In The Name Of Disciplinary Authority)
To
Shri/Smt. .................
Form VII
Standard Form For Initiation Of Minor Penalty Proceedings
(In cases where disciplinary authority decides to hold the enquiry)
(Rule 22 of A.P. Civil Services (C. C.A.) Rules, 1991)
Dated........
Memo. No.................
Sub: -
In continuation of Memorandum No. ................. Dated ................ issued under Rule 22 of the A. P. C. S. (C.C.A.) Rules, 1991, it is considered necessary to hold an enquiry against Sri ................. under Rule 22 of the A. P. C. S. (C.C.A.) Rules, 1991. The substance of the imputation of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge and the imputation of misconduct or misbehaviour in support of each article of charge is enclosed (Annexure -I). A list of documents by which and a list of witnesses by whom the articles of charge are proposed to be sustained are also enclosed (Annexure -II and III).
### 2. Sri................. is directed to submit within ten days of the receipt of this Memorandum a written statement of his defence. ###
3. He is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He should, therefore, specifically admit or deny each article of charge.
### 4. Sri................. is further informed that if he does not submit his written statement of defence on or before the date specified in para 2 above, or otherwise fails or refuses to comply with the provisions of Rules 20 and 22 of the A. P. C. S. (C.C.A.) Rules, 1991 or the orders/directions issued in pursuance of the said rules the Inquiring Authority may hold the inquiry against him ex -parte. ###
5. Attention of Sri................. is invited to Rule 24 of the A. P. C. S. (Conduct) Rules, 1964 under which no Government servant shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under Government. If any representation is received on his behalf from another person in respect of any matter dealt with in these proceedings, it will be presumed that Sri................. is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of Rule 22 of the Andhra Pradesh Civil Services (Conduct) Rules, 1964.
### 6. The receipt of this Memorandum may be acknowledged. (In The Name Of Disciplinary Authority)
To
Sri.................
Enclosures : - Annexures I, II and III.
Form VIII
Standard Form Of Order For Taking Disciplinary Action In Common Proceedings
(Rule 24 of A.P. Civil Services (C.C.A.) Rules, 1991)
\*\*\*
Dated.................
Memo. No.................
Sub : -
WHEREAS, the Government servants specified below are jointly concerned in a disciplinary case:
Sri.................
Sri.................
Sri.................
Sri.................
NOW, THEREFORE, in exercise of the powers conferred by sub -rules ) and (2) of Rule 24 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, the disciplinary authority hereby directs -
(i) that disciplinary action against all the said Government servants shall be taken in a common proceedings.
(ii) that................. (name and designation of the authority) shall function as the Disciplinary Authority for the purpose of the common proceedings and shall be competent to impose the following penalties, namely: -
(Here specify the penalties)
(iii) that the procedure prescribed in Rules 20 & 21 or Rule 22 of the C.C.A. Rules, 1991 shall be followed in the said proceedings.
(In The Name Of Disciplinary Authority)
Copy to:
### 1. Sri................. (Name and Designation) ###
2. Sri................. (Name and Designation)
### 3. Sri................. (Name and Designation )
|
65b94275ab84c7eca86e8c0c | acts |
State of Uttarakhand - Act
----------------------------
Uttarakhand Private Security Agencies Rules, 2018
---------------------------------------------------
UTTARAKHAND
India
Uttarakhand Private Security Agencies Rules, 2018
===================================================
Rule UTTARAKHAND-PRIVATE-SECURITY-AGENCIES-RULES-2018 of 2018
---------------------------------------------------------------
* Published on 12 March 2018
* Commenced on 12 March 2018
Uttarakhand Private Security Agencies Rules, 2018
Published vide Notification No. 326/20-2/18/02(12) /2017, dated 12.3.2018
Notification No. 326/20-2/18/02(12) /2017, dated 12.3.2018. - In exercise of the powers conferred by Section 25 of the Private Agencies (Regulation) Act, 2005 (Central Act No. 29 of 2005) read with Section 9 of said Act, the Governor is pleased to allow to make the following rules for determination of following condition and standard for establishment of training Institute in the State, namely-
### 1. Short title and commencement.
(1) These rules may be called the Uttarakhand Private Security Agencies Rules, 2018.
(2) It shall come into force at once.
### 2. Fundamental Structure facilities.
- For Private Security Agencies following fundamental structure facilities shall be must-
| | |
| --- | --- |
|
(A) |
Requirement for training Area
|
|
(1) |
For outdoor Training
|
|
|
(i) |
P.T./Parade
|
(1) 90 ft x 90 ft for 25 trainees (2) 180 ft x
180 ft for 50 trainees (3) 360 ft x 360 ft for 100 trainees
|
|
(ii) |
Obstacle Training
|
Obstacle Training course with 6 ft. wall,
Verticle Rope, Double Ditch, Parallel Rope, Tarzen Jump, Crawling
Ditch etc.
|
|
(2) |
Indoor Training
|
|
|
(i) |
Class Room
|
(1) 20 ft x 12 ft for 25 trainees
|
|
(2) 30 ft x 20 ft for 50 trainees
|
|
(3) Two room of 30 ft x 20 ft for 100 trainees
|
|
(ii) |
Computer Lab
|
(1) 3 Computers for 25 trainees
|
|
(2) 6 Computers for 50 trainees
|
|
(3) 12 Computers for 100 trainees
|
|
(iii) |
Security display lab
|
2rooms of 30ft x 20 ft
|
|
(iv) |
Library
|
1 room 30 ft x 20 ft
|
|
(v) |
Admn. Block
|
1200 sqft. for (chambers of the principal
Instructor, instruction staff, office space, gallary, toilet &
bathroom etc.)
|
|
(B) |
Requirement for Boarding Area
|
|
(i) |
Barracks
|
40 sq.ft per trainee
|
|
(1) 1000 sq ft for 25 trainees
|
|
(2) 2 set of 1000 sq ft for 50 trainees
|
|
(3) 4 set of 1000 sq ft for 100 trainees
|
|
(ii) |
Toilet/Bath Room
|
1 per 6 trainees
|
|
(iii) |
Dining Hall/Canteen
|
(1) 15 x 20 ft for 25 & 50 trainees
|
|
(iv) |
Kitchen
|
(2) 30 x 20 sq ft for 100 trainees 10 ft x 20 ft
|
|
(v) |
Recreation Room
|
20 ft x 15 ft
|
|
(vi) |
Hospital/Medical/First Aid Facilities
|
10 ft x 15 ft
|
|
(C) |
Staff requirement
|
|
(1) |
Outdoor Training
|
|
(i) |
Supervisory Officer
|
1 per 100 trainees
|
|
(ii) |
Instructor Staff
|
1 per 50 trainees
|
|
(2) |
Indoor Training
|
|
(i) |
Supervisory Officer
|
1 per 100 trainees
|
|
(ii) |
Instructor Staff
|
2 Instructors per 100 trainees as permanent
employees. Numbers of instructors will depend on subject to
requirement. Agencies can use the services of guest lecturers to
impart specialised training as per requirement.
|
|
(3) |
Supporting Staff
|
|
|
(i) |
Cook
|
1 for 25 trainees
|
|
(ii) |
Sweeper
|
1 for 25 trainees
|
|
(iii) |
Washerman
|
1 for 25 trainees
|
|
(iv) |
Plumber/Electrician/ Barbar/Cobbler
|
1 each per 100 trainees
|
|
(D) |
Basic security equipments required for training
|
|
(i) |
Metal Detectors (HHMD/DFMD/DSMD)
|
|
(ii) |
Visitor Pass Management System including Card
Reader and Biometric access control devices.
|
|
(iii) |
Perimeter security equipment (Different kinds of
fencing including Alarm System CB Detectors, intrusion alarm
system and different kinds of Barriers)
|
|
(iv) |
Video surveillance systems including DVR
|
|
(v) |
Fire Fighting Equipments (Fire Point, all types
of fire extinguishers and smoke detectors.)
|
|
(vi) |
Communication Equipments WirelessAValkie Talkie
and Jamming Equipments.
|
|
(vii) |
Crowd Control Equipments
|
|
(viii) |
Under trolley mirror, extension mirror, prodder,
prober etc.
|
### 3. Syllabus.
- For Private Security Agencies the following Syllabus shall be necessary-
| | | |
| --- | --- | --- |
|
SI. No.
|
Subject
|
Basic Minimum Syllabus to be covered
|
|
1
|
2
|
3
|
|
1
|
Private Security Agency
|
\*Basic features of
Private Security Agency (Regulation) Act, 2005
\*Basic features of the Private Security Agencies
State Model Rules, 2009
|
|
2
|
Conduct in public and correct wearing of uniform
|
\*Elementary spoken
English
\*Display of identity
before any enquiry to be made in public.
\*Courteous mode of
enquiry with proper manners.
\*Courteous handling
of crowded situation.
\*Extra care to be
taken while interacting with females.
\*Proper care to be
taken while using detecting devices, especially for frisking and
searching to avoid public taking offence.
\*Help to be extended
at each and every site while deployment of security guards for
the public.
\*Appropriate wearing of uniform, hygiene,
cleanliness and maintaining dignity of uniform.
|
|
3
|
Physical fitness training
|
\*Daily jogging of 3
Km for male and 2 Km for female.
\*P.T. and aerobic
exercise on daily-basis.
\* A minimum of long
jump of 2 meters
\* A minimum of high
jump of 1.2 meters
\* Drill and file formation, unarmed combat and
saluting.
|
|
4
|
Physical security, security of the assets,
security of the building or apartment, personnel security,
household security
|
\* Maintaining &
checking of entry and exit registers.
\*Training to secure
access to and fro from the site of deployment.
\*Authorised and
regulated entry of men, material, vehicle etc. Prevention and
prohibition of any activity, movement of men, material and
vehicle, which has been mandated in the contract between the
parties.
\* Basic reading of
layout building plans, site plan of group housing societies,
residential colonies and commercial/residential enclaves.
\* Onsite
decision-making regarding deployment of personnel at critical,
entry and exit points.
\* For personal
security of clients, basic sensitisation towards needs of
business, home and societal environments.
\* Sensitisation about
different types of security responsibilities, e.g. Reception
gate, store, factory, residence, housing societies, hotels, farm
house, Mall, Bank. ATM cash in transit etc.
\* Use and handling to
communication devices such as walkie-talkie, mobile, basic
telephone etc.
\* Practical exposure to Control Room duties.
|
|
5
|
Fire Fighting
|
\*Fire and its
chemistry
\*Types of fire and
their prevention.
\* Fire precautions,
causes of fire in industry and establishment.
\*Handing of fire fighting equipments. (General
fire, oil fire, electrical fire)
|
|
6
|
Crowd Control
|
\* To address crowd
over public address system in crowded situation.
\* Proper appeals to be
made to the public to prevent chaos, stampede, etc. in a crowded
situation.
\* To create a rope
barrier, human barriers, metal barricades to secure given area in
crowded situation.
\* To man, planned
site evacuation during the crowded situation.
\* Measures for bringing order in a crowded
situation.
|
|
7
|
Examining indentification papers including
indentity cards, passports and smart cards
|
\* Exposure to various
kinds of identification papers, identity cards, passports and
smart cards.
\* Recognition of
critical marks, stamps, hologram etc. of various agencies in
order to differentiate between the original and fake
identification papers.
\* Whom to approach in case of detection of
forged/ suspicious documents.
|
|
8
|
Should be able to read and understand English
alphabets and Roman numerals as normally encountered in the
identification documents arms license, travel documents and
security inspection sheet.
|
\* Reading & writing of preliminary/basic
English & Roman numerals;
|
|
9
|
Identification of improvised explosive devices
|
\* Methods of
identifying IED in searching explosive devices through the
qualified instructors. How to secure IED till arrival of
specialised agency.
\*How to approach
police, if such devices are detected or suspicious objects are
found.
\*Relay of information
to counter such a situation of disaster.
\*Use of technical devices helping in detection
of IED.
|
|
10
|
First-Aid
|
\*Principles of
first-aid (structure and functions of the body)
\* Bleeding and type
of bandages, treatment of fractures and wounds.
\* Transportation of
injured.
\* Emergency handling
of stroke, heart attack, trauma, falls, casualty, poisoning,
burns.
\* Basics of communication both verbal and
nonverbal to be made during the times of medical casualities in
public places.
|
|
11
|
Crisis response and disasters management
|
\*Identification of
crisis-prone and disasters-prone areas at the site of deployment.
\* Framing up of
site-specific management plan including making up of resource
inventory, planning of deployment during the crisis, evacuation,
relief of victims in circumstances of crisis and disasters.
\* Mock drill plans to
be made by supervisors for crisis management and disaster
management on site-basis.
\* Sensitisation of important telephone numbers
of State agencies whose minimum intervention would be required in
crisis/disaster situations.
|
|
12
|
Defensive driving compulsory for the driver of
Armoured vehicle and optional for others)
|
\* Training to be provided by qualified
instructors in defensive driving.
|
|
13
|
Handling and operation of non-prohibited weapons
and firearms (optional) |
\*Training in NPB
small arms with respect to maintenance, cleaning, operational use
and handling.
\* Sensitisation towards
authorities issuing and renewing arms licenses and the terms and
conditions for use of weapons in a given jurisdiction.
\* Exposure to provision of Arms Act and
offences.
|
|
14
|
Rudimentary knowledge of Indian Penal Code,
right to private defence, procedure for lodging first information
report in the police station, Arms Act (only operative sections),
Explosives Act (Operative Sections)
|
\* Preliminary
knowledge of relevant provisions of IPC, Cr.PC, Arms Act,
Explosive Act etc.
\*Procedure of registering FIR in Police Station.
|
|
15
|
Badges of rank in police and military forces.
|
\* Description and Identification of the ranks
and badges used in defence and police establishments of the
State.
|
|
16
|
Identification of different types of arms in use
in public and police.
|
\*Demostration of
various kinds of small arms/ weapons used by public.
\* Explaining about arms used for prevention and
bringing order in public such as water cannon, rubber bullet
guns, smoke canisters etc.
|
|
17
|
Use of security equipments and devices (for
example security alarms and screening equipments)
|
\*Handling of metal
detectors, handling of devices, box scanners, use of DFMDs,
HHMDs.
\*Use of IMD detectors
etc.
\*Use of various kinds of alarm system installed
for security purposes.
|
|
18
|
Leadership and management (for supervisors only)
|
\*Personality
development training
\*Leadership training
\*Report-making
training
\* Training for
improving inter-personnel skills.
\* Training for preparing deployment plan to
secure a given site.
|
|
19
|
Observations, handling unidentified objects,
conducting antisabotage checks, handling equipments and special
requirements for those who have to do body protection.
|
\*Highly specialised
instructions for making observations, handling of unidentified
objects, conducting anti-sabotage checks and handling equipments
dealing with specialised interventions.
\* Personal specific requirements for people who
require body protection.
|
Note-. 1. The Training of general Security Guards/Supervisors will be carried out in 20 working days which will include minimum 100 hours of class (Indoor theory classes) and minimum 60 hours of field training (Physical Training)
### 2. For Ex-Army personnel and Ex-C APF and EX-Police personnel, the training will carried out in 7 working day's including condensed course of minimum 40 hourse class (Indoor theory classes) and 16 hours field Training (Physical Training). After training there will be 100 marks objective exam of 2 hours in which it is compulsory for candidates t attend 40 marks. Day-to-day performance will be the basis for physical training.
### 4. Necessary Documents for Application.
- For Application the following records shall be necessary-
(1) Prescribed Fee Rs 25,000 (Through Challan).
(2) Application in Form I and V.
(3) Affidavit of each partner u/s 7(2) of the Act.
(4) Copy of Registration and copy of Deed of Partnership (if any).
(5) Pan Card of company and income tax return.
(6) Details and document of land and facilities regarding establishment.
(7) Ascertain capacity of training Institution.
(8) Syllabus of Training.
(9) Details of fee incurred from each candidate.
(10) Full details of different facilities given to the trainees (i.e. chart of food, facility of accomodation etc.)
### 5. Other documents.
- For application the following records shall be necessary-
(1) Prior to granting licence, the scrutiny report of Controlling Authoirty or I.G. Training Police Department is compulsory, after the licence is granted, the Deputy Inspector General of Police, level officers shall inspect the Training Institute twice in a year.
(2) The licencing authority-will be the Controlling Authority.
(3) The agency shall send a copy of the training certificate received by each guard to the Controlling Authority of Training Institute.
(4) Licence Duration 5 years.
(5) Renewal shall be done by adopting the whole process of new licence.
|
65bac97aab84c7eca86ec831 | acts |
State of Jammu-Kashmir - Act
------------------------------
Jammu and Kashmir Muslim Personal Law (Shariat) Application Act, 2007
-----------------------------------------------------------------------
JAMMU & KASHMIR
India
Jammu and Kashmir Muslim Personal Law (Shariat) Application Act, 2007
=======================================================================
Act 4 of 2007
---------------
* Published on 21 February 2007
* Commenced on 21 February 2007
Jammu and Kashmir Muslim Personal Law (Shariat) Application Act, 2007
(Act
No. 4 of 2007
)
Last Updated 5th February, 2020
[21st February, 2007]
An Act to make provisions for the application of the Muslim Personal Law (Sharit) to Muslims of the State of Jammu and Kashmir.
Be it enacted by the Jammu and Kashmir State Legislature in the Fifty-eighth Year of the Republic of India as follows: -
### 1. Short title the commencement.
(1) The Act may be called the Jammu and Kashmir Muslim Personal Law (Shariat) Application Act, 2007.
(2) It shall come into force from the date of its publication in the Government Gazette.
### 2. Application of Personal Law to Masliafs.
- Notwithstanding any customs or usages to the contrary, in all questions regarding intestate succession, special property of females, including personal properly inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, Zibar lain, khula and muharaat, dower, guardianship, gifts, trusts and trust properties, the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat) .
### 3. Appeal.
- The provisions of the Shri Partap Jammu and Kashmir Laws Consolidation Act, Samvat 1977 (1920 A.D.) shall be repealed in so far as they are inconsistent with (the provisions of this Act.
|
65b938b7ab84c7eca86e8a4b | acts |
State of Odisha - Act
-----------------------
The Orissa Irrigation Rules, 1961
-----------------------------------
ODISHA
India
The Orissa Irrigation Rules, 1961
===================================
Rule THE-ORISSA-IRRIGATION-RULES-1961 of 1961
-----------------------------------------------
* Published on 1 January 1961
* Commenced on 1 January 1961
The Orissa Irrigation Rules, 1961
Chapter-I General
### 1. Short title and commencement.
(a) These rules may be called the Orissa Irrigation Rules, 1961.
(b) These rules to the extent they relate to any particular provision of the Act shall come into force on the date they are made or on the date of coming into force of the said provision, whichever is later.
### 2. Definitions.
- In these rules, unless the context otherwise requires-
(a) "Act" means the Orissa Irrigation Act, 1959;
(b) "Block" means the whole area of certain specified land served by an outlet or outlets from an irrigation work which may be mapped out in convenient size in accordance with the features of the ground, natural or artificial;
(bb) "Block Development Officer" means a Block Development Officer appointed by the State Government under Section 15-A of the Orissa Panchayat Samiti and Zilla Parishad Act, 1959;
(c) "canal" includes main canals, branch canals, distributaries and minors;
(d) [ "commercial establishment" means as defined in the Commercial Establishment Act, 1952;
[Substituted vide Orissa Gazette Extraordinary No. 1149/26.9.1994-SRO No. 827/94/26.9.1994]
(dd) [ "Executive Engineer" means Executive Engineer of the Water Resources Department, of Government of Orissa, having territorial jurisdiction over the Government water source; and]
(e) "fee" means a charge levied for supply of water from Government water source for industrial and commercial purposes and, other uses from a Government water source;
(f) "Form" means a Form appended to these rules;
(g) "licence" means a permission granted by a competent authority for use of water from a Government water source;
(h) "section" means a section of the Act;
(i) [ "Water Users' Association" means farmers' bodies/users of water from irrigation were registered under the Societies Registration Act, 1960 and duly recognised by the Irrigation Officer/Executive Engineer under whose territorial jurisdiction it is located and with whom the Irrigation Officer, Executive Engineer enters in to an agreement;]
[Substituted O.G.E.No. 1423 Notification No. 51010-IIIW-Legis.39/99 - R, dated 29.9.1999.]
(j) all words and expressions used in these rules but not defined herein shall have the same meaning as are respectively assigned to them in the Act.]
### 3. Procedure of enquiry.
- Unless otherwise provided in these rules, enquiries under the Act and these rules may be of a summary nature. The Enquiring Officer may give an opportunity to both patties to be heard. The said officer shall issue notice to the parties to appear before him at a specified time and place with their witnesses and documents, if any, in support of their respective claims. She hearing shall proceed from day to day unless for sufficient reasons to be recorded, it has to be adjourned to some other day. In case any of the parties desire summons to be issued for the appearance of any witness or production of any document, such officer shall summon accordingly ; provided that necessary process fee and expenses of witnesses are deposited within a reasonable time to be fixed by the said officer. The Enquiring Officer may hold local enquiry and the report on enquiry shall form a part of the record. The Enquiring Officer shall be competent to dispense with the personal attendance of any party.
Chapter-II Construction and maintenance of irrigation works
### 4. Manner of publication in respect of any work other than a minor irrigation work.
- [Section 5 (3) ] - (a) When a projected irrigation work other than a minor irrigation work is proposed to be constructed, the same shall be published in Form 'A' in the Gazette calling for objections or suggestions. Copies of the same in Oriya shall also be published-
(i) on the notice boards of the office of Collector, Sub-divisional Officer, Panchayat Samiti, Grama Panchayat within the limits of which any land likely to be benefited or affected by the proposed work is situated ;
(ii) at a conspicuous place in every village in which any land likely to be benefited or affected by the proposed work, is situated in presence of not less than two witnesses whose signatures or thumb impressions shall be obtained on a copy of the notice to be filed in the Collector's records.
(b) Objections or suggestions, referred to in Sub-rule (a) shall be filed before the Collector.
### 4A. Manner of publication of notice for inviting objections and suggestions in respect of rejected minor irrigation works.
- [Proviso to Section 5 (3) ] - (1) When a projected minor irrigation work is proposed to be constructed, a notice in Form 'AA' giving the description of the said work shall be published by the Block Development Officer (in whose jurisdiction the projected work lies) on his notice board calling for objections or suggestions by a date to be specified in the notice.
(2) The date referred to in Sub-rule (1) shall not be less than seven days from the date of publication of the notice thereunder.
(3) Copies of the notice in Oriya shall also be published-
(i) on the notice board of the office of Sub-divisional Officer, Panchayat Samiti and Grama Panchayat within the limits of which any land likely to be benefited or affected by the proposed work is situated; and
(ii) at a conspicuous place in every village in which the land likely to be benefited or affected by the proposed work is situated in the presence of not less than two witnesses whose signatures or thumb impressions shall be obtained on a copy of the notice to be filed in the Block Development officer's record.
### 5. Filing of objections and suggestions.
- [Section 5 (3) and proviso thereto] - (1) All objections or suggestions called for under Rule 4 shall be filed in duplicate before the Collector and a copy of each objection or suggestion shall be kept open for inspection of the public in the office of the Collector for 3 period of 15 days from the last date specified in Form 'A' as the date fixed for filing objections or suggestions,
(1a)
All objections or suggestions called for under Rule 4-A shall be filed in duplicate before the Block Development Officer and a copy of each objection or suggestion, as the case may be, shall be kept open for the inspection of the public in the office of the Block Development Officer until final orders are passed on them under Rule 6-A.
(2) All persons having the same ground of objection or suggestion may jointly file the same.
### 6. Notification regarding decision of State Government in respect of projected irrigation works, other than minor irrigation works.
- [Section (3) ] - The State Government may, after considering the report and recommendations of the Collector in respect of any projected irrigation work which is not a minor irrigation work by notification in Form 'B', direct that the proposed work shall not be executed or that it shall be executed with such modification, if any, as the State Government may specify.
### 6A. Disposal of objections and suggestions in respect of projected minor irrigation works.
- [Proviso to Section 5 (3) ] - (1) All objections and suggestions called for under Rule 4-A shall be heard and considered by the Block Development Officer.
(2) The Block Development Officer shall be competent to decide, after close of the enquiry, if the work shall not be executed or it shall be executed with such modification, if any, as he may specify, provided the work is estimated to cost not more than Rs. 2,500 and the work alongwith the lands likely to be benefited or affected by it is fully situated within his jurisdiction.
(3) In all other cases, he shall, immediately after the close of the enquiry, submit the entire record of proceedings alongwith his report and recommendations to the competent authority.
(4) Competent authority in respect of any projected minor irrigation work means-
(a) if the work and the lands likely to be benefited or affected by it are situated within the jurisdiction of one Panchayat Samiti and its estimated cost is more than Rs. 2,500 but less than Rs. 25,000, the Chairman of the Panchayat Samiti ;
(b) in all other cases where the estimated cost of the work is more than Rs. 25,000 but less than Rs. 50,000, the Collector of the district;
(c) if the estimated cost of the work is Rs. 50,000 or more but less than Rs. 1 lakh, the Revenue Divisional Commissioner; and
(d) in all other cases, the Government..
(5) On receipt of the documents specified in Sub-rule (3) the competent authority may, at his discretion make further enquiry or cause such an enquiry to be made by such person as may be specified in this behalf or hear any of the persons filing objections or suggestions before coming to a decision. The decision made by the competent authority shall be notified in Form 'BB' on the notice board of the Block Development Officer who invited objections and suggestions under Rule 4-A.
### 7. Principles for providing means of crossing.
- [Section 9(1) ] - (1) Suitable means of crossing shall ordinarily be provided at a distance of about two miles; apart on the main and branch canals :
Provided that in special cases, the State Government may provide crossings on the main canal at shorter distances for access to important villages, market places, fairs and the like.
(2) Ramps shall be provided at Government cost on distributaries and minors near each village.
### 8. Manner of providing additional means of crossing.
- [Section 9 (2) ] - (1) The Collector while submitting his report under Sub-section (2) of Section 9 of the Act shall furnish the distances of crossings provided on the canal on either side of the proposed crossing and give an estimate of expenditure both non-recurring and recurring for the provision of means of crossing with special reasons, if any.
(2) The State Government may, after considering the report of the Collector, issue orders whether means of crossing should be provided or not. On receipt of orders from the State Government, the Collector shall as soon as possible communicate such order to the applicants and shall also furnish a copy of the order sanctioning the proposal to the Irrigation Officer who shall take necessary steps for providing means of crossing.
Chapter-III Construction and maintenance of water-courses
### 9. Construction of water-courses of new irrigation works.
- [Section 11] - (1) The plan and estimate for construction of water-courses of any irrigation work shall be separately prepared and sanctioned by the authority competent to sanction the plan and estimate of the irrigation work. The plan should show the alignment of water-courses and delimitation of Blocks.
(2) The Irrigation Officer shall lay out the alignments of water-courses and give notice in Form 'C' to the concerned villagers to take up the construction of water-courses and complete the same within a specified period failing which suitable action shall be taken under the provisions of Section 18 of the Act.
Explanation - The notice shall be served on each owner and occupier whose lands are benefited by the irrigation work and a copy of the same shall be published in a conspicuous place in the village and in the office of the concerned Grama Panchayat.
### 10. Construction of water-courses of existing irrigation works and irrigation works under construction.
- [Section 11] - In the case of existing works and works under construction, where the system of water-courses has not been provided or not shown in the approved plan and are found necessary, the following procedure shall be followed :
(1) The authority competent to sanction the irrigation work shall sanction the construction of the water-courses.
(2) Before sanctioning the construction of water-courses the competent authority shall cause to be published in the office of the Grama Panchayat under whose jurisdiction the land is situated and in a conspicuous place of every village in which the lands to be benefited or affected by the execution of the proposed water-course lie, the description of the proposed work the lands over which it will pass and the approximate cost of the work and invite objections, if any.
(3) Objections, if any, to the proposed construction shall be received by the authority competent to sanction the construction within 30 days from the date of publication of the description of the proposed work in the village.
(4) The competent authority shall on the date fixed for hearing of the objections or on any subsequent date to which the hearing may be adjourned, hold or cause to be held such summary enquiry as he thinks fit, after giving the notice to the persons concerned and shall decide about the construction of the water-course and issue directions to the persons to be benefited to construct the water-course by a date to be specified by him which shall not be less than one month from the date of the order.
(5) If the water-course is not constructed within the specified period the competent authority shall take suitable action under the provisions of Section 18 of the Act.
### 11. Application for construction of water-course.
- [Section 12] - An application under Section 12 (1) shall be in Form 'D' and filed before the Irrigation Officer not less than three months in advance of the date on which supply of water is sought for.
### 12. Construction of the water-course by private arrangements.
- [Section 12] - If the applicant has obtained consent of the owners of the lands likely to be affected by the work mentioned in Rule 11, the Irrigation Officer shall cause notice to be served on the owners of the lands and after causing such summary inquiry as he considers necessary shall permit the applicant in Form No. 'E' to either execute the work at his cost or in case of private arrangement, according to such agreements as might have been made between them.
### 13. Construction of water-course where private arrangement is not possible.
- [Section 12] - (1) Any person desiring construction, extension, improvement or alteration of a water-course through Government agency shall apply to the Irrigation Officer in Form 'D' stating that he is ready to defray all expenses necessary for constructing, extending, improving or altering such watercourse as well as the cost of acquisition of land, if any.
(2) If the Irrigation Officer considers such work expedient, he may call upon the applicant to deposit any part of the expense as may be considered necessary, and upon such deposit being made, shall cause an enquiry to be made into the most suitable alignment for the said water-course and shall mark out the land which, in his opinion, will be required for the construction thereof. He shall forthwith publish a notice in Form 'F' in every village through which the water-course is proposed to be taken.
(3) The said notice shall also call upon any person who wishes to have for his lands the benefit of such water-course to make his application in that respect to the Irrigation Officer within 30 days of the publication of such notice. If his application is allowed he shall be requited to pay his share as may be decided by the Irrigation Officer in respect of the construction, extension, improvement or alteration of such water-course, as the case may be, and the cost land acquisition, if any.
(4) The deposit made under Sub-rule (2) shall be adjusted where recovery of the cost of construction, extension, improvement or alteration, as the case may be, is made after completion of the work.
### 14. Limitation for execution of or repairs to water-courses.
- [Section 15] - The period for execution or repairs of the work specified under Subsection (1) of Section 15 of the Act shall not exceed 30 days from the date of publication of notice, except with special permission of the Irrigation Officer for reasons to be recorded in writing.
### 15. Recovery of the cost incurred for construction of water-courses by Government.
- [Section 18] - (1) Where Government construct the water-courses of any irrigation work under Section 18 the cost of construction (which also includes the cost of Land Acquisition, if necessary) and cost of maintenance during construction or thereafter till the water-courses are made over to the owners or occupiers of lands within the culturable commanded area of the irrigation work for maintenance, shall ordinarily be recovered by an acreage rate in the manner specified hereunder unless the majority of the aforesaid persons apply in writing to pay the cost in the form of general enhancement of compulsory basic water-rate.
(2) General enhancement of the compulsory basic water-rate will be fixed having due regard to the cost of construction and maintenance as mentioned in Sub-rule (1) and the life of the work.
(3) The acreage rate shall be worked out by dividing the total cost mentioned in Sub-rule (1) by total acreage of land in culturable commanded area.
(4) The acreage rate as may be arrived at under Sub-rule (3) shall ordinarily be recovered in 10 equated annual instalments unless the person wants to pay in lesser number of instalments or in lump sum.
(5) Except in case of lump sum payment on due date for recovery of first instalment, interest shall be charged at the rate of 6 per cent per annum.
(6) The acreage rate shall be worked out by the Irrigation Officer and shall be submitted through proper channel for approval by Government.
(7) After the approval of the acreage rate by Government, Irrigation Officer shall prepare statement showing the amount payable by each owner and occupier according to area in acres possessed by each within culturable commanded area of the irrigation work and publish the same in the office of the concerned Grama Panchayats and at a conspicuous place in every village in which lands are situated. He shall also serve notice on the owners and the occupiers showing the amount payable by each and the date of recovery of annual instalments.
(8) Any person may within fifteen days from the date of service of the notice under Sub-rule (7) present his objection to the Irrigation Officer regarding his liability to pay the amount and the correctness of the amount payable by him. The Irrigation Officer after making a summary inquiry shall record his decision regarding the person or persons liable to pay the acreage rate for the lands in question and the amount payable by each such person. No objection shall be entertained as to the quantum of acreage rate fixed by Government.
### 16. Issue of revised notice for recovery of cost of construction of water-courses.
- [Section 18] - After disposal of objection, if any, the manner provided in the preceding rule the Irrigation Officer shall issue revised notices, if necessary, to the persons liable for the acreage rate as decided by him and proceed to recover the same which shall not be questioned unless modified in appeal.
### 17. Prohibition of growing crops in the edge of water-courses.
- No crops shall be grown on the edge of any water-course. If any question arises as to what is the edge of water-course, the matter shall be referred to the Irrigation Officer whose decision shall be final and conclusive.
Chapter-IV Supply of water
### 18. Classification of irrigation works for water-supply.
- For the purpose of supply of water which shall be mainly related to the base period of staple cereal crop generally grown in the area, the State Government may divide the irrigation works into the following classes :
| | | |
| --- | --- | --- |
|
Class
|
Period of supply
|
Depth of supply in inches to be guaranteed
|
|
1st
|
June to November
|
28"
|
|
2nd
|
July to November
|
23"
|
|
3rd
|
July to October
|
18"
|
|
4th
|
July to October
|
9"
|
### 19. Delimitation of areas for crops other than the staple cereal crops.
- [Section 20] - (1) The areas for crops other than the staple cereal crops shall be delimited by the Irrigation Officer into Blocks. Each such Block shall have a period of rotation of 3 years according to the crop pattern to be determined for the Blocks by the persons having lands in the Blocks by mutual agreements.
(2) In case of disagreement the Irrigation Officer shall prepare a draft crop pattern for each Block under his charge. It shall be published in a conspicuous place of the village in which the Block is situated in presence of two witnesses of the locality inviting objections and suggestions to be filed before the Irrigation Officer within fifteen days from the date of publication. The Irrigation Officer after the last date fixed for filing objections and suggestions, shall proceed to hear the objection and suggestions received by him after giving due notice to the parties concerned. As soon as the Irrigation Officer completes the hearing he shall finalise the crop pattern for each Block and cause the same to be published in a conspicuous place of the village in presence of two witnesses of the locality.
(3) Any person aggrieved with the order of the Irrigation Officer may file an appeal before the Collector within thirty days from the date of publication of the crop pattern. The decision of the Collector shall be final.
(4) The crop pattern fixed for a Block may be revised at the close of every third year. In revising the crop pattern the same procedure as prescribed in the preceding sub-rules shall be followed.
### 20. Preparation of irrigation charts for supply of water for staple cereal crops and other crops.
- [Section 20] - (1) The Irrigation Officer shall prepare a draft irrigation chart for lands under each irrigable command for staple cereal crop and other crops showing the quantity of water to be supplied according to the time schedule indicated therein. The chart shall by draft published in a conspicuous place of each village in which the lands under the irrigable command are situated in the presence of two witnesses of the locality inviting objections and suggestions, if any, to be filed before the irrigation Officer within fifteen days from the date of publication. The expiry of the last date for filing objections and suggestions the Irrigation Officer shall consider objections and suggestions received by him after giving due notice to the parties concerned and shall finalise the irrigation charts. The irrigation charts as finalised shall be got published by the Irrigation Officer in the same manner as prescribed for draft publication of such charts.
(2) Any person aggrieved with the decision of the Irrigation Officer in preparing the final irrigation charts may file an appeal before the Collector within thirty days from the date of publication of the final charts. The decision of the Collector shall be final.
### 21. Supply of water.
- [Section 20] - (1) It shall be the duty of Irrigation Officer to supply water at the outlets according to the irrigation charts as may be finalised by him or modified on appeal :
[Provided that where management of distribution system of an irrigation work has been handed over to a Water Users' Association, in accordance with an agreement entered into with the Irrigation Officer in Form W; supply of water at the outlets shall be regulated by the said Association.]
[Inserted vide O.G.E.No. 1423 Notification. No. 51010-IIIW-Legislative 39/99-R, dated 29.9.1999.]
(2) The internal distribution of water to lands within a Block from the water-courses shall be left to the persons having lands in the block. Any dispute relating to distribution of water in the Block shall be referred to the Patwari, Amin or any other officer in charge of distribution of water whose decision shall be binding on the persons having lands in the Block.
### 22. Regulation of water-supply in case of insufficiency of the water in the irrigation work.
- [Section 20] - If for any cause, water in the irrigation work is insufficient to meet fully all demands for water, question regarding the allotment of the available supply and quantity and regulation thereof, shall subject to the general or special orders of the State Government, if any, be determined by the Irrigation Officer.
### 23. Schedule of water-rate and special rates.
- [Section 20] - [The compulsory basic water-rate, water-rate and special rates for supply of water for purposes other than irrigation shall be levied at the respective rates and on the principles specified in the Schedule annexed to these rules.]
[Substituted vide Notification No. 42815/22.9.1961.]
### 23A. [
[Inserted vide Orissa Gazette Extraordinary No.1149/26.9.1994-SRO No. 827/94/26.9.1994.]
(1) When an industrial Organisation, commercial establishment propose to draw or lift water from a Government water course-
(a) the [Executive Engineer] may earmark the bed and off-shore lands of the said water source free from encumbrances and set it apart for the purpose;]
(b) [ the Executive Engineer shall order installation of a Flow Meter or a suitable measuring device within the period as stipulated by him not being less than thirty days from the date of such order at the cost of the concerned industrial/commercial establishment to measure the quantum of water to be drawn from the water source and the Flow Meter/measuring device shall be installed under the direct supervision of the Executive Engineer or under the supervision of an Engineer not below the rank of an Assistant Engineer to be specifically nominated by him, failing which the water-supply shall not be made or shall be discontinued by him after giving seven days' notice;]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
(c) the flow meter will be certified and checked about its accuracy from time to time by the Weights and Measures Organisation of the State Government to ensure proper collection of fee;
(d) the Industrial Commercial establishments shall be responsible for smooth maintenance and up-keeping of the flow meter system under the general supervision of the [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
.
(2) The [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
shall be the competent authority to grant licence under the provisions of the Orissa Irrigation (Amendment) Act, 1993 to industrial or commercial or other establishment on application in the following manner, namely :
(a) The application shall be filed by the industrial or commercial establishment before the [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
for drawing and lifting of water from Government water source in Form 'S';
(b) The application shall be submitted before the [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
at least two months before the date from which supply of water is applied for. If the application is received less than two months before the date of supply of water and the [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
is satisfied about the reasons for delay, he may also accept such application by condoning the delay;
(c) The application shall be submitted personally or sent by registered post. Printed application forms will be supplied to intending applicants on payment of Re. 0.50 paise at the Tahasil Office;
(d) On receipt of the application, the [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
shall make or cause to be made such summary inquiry as he considers necessary. The report of inquiry shall as far as practicable be recorded in Form S-1;
(e) The [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
may by order allow the application or refuse to sanction supply of water from such Government source if such supply of water in his opinion would be detrimental to the environment of the locality or would affect the riparian rights of the villagers or if it is in any way detrimental to the people and agriculture at large. Application may be allowed with such conditions or restrictions may be stated in the said order;
(f) The order shall be communicated in writing to the applicant. Where the application is allowed the applicant shall be asked to execute an agreement in Form 'T' within the date specified in the said order. The agreement shall be binding on both the licensing authority and the licensee and same shall be executed at the cost of the licensee. Drawing and lifting of water from Government water source shall be made only after execution of the agreement;
(g) Licence fees shall be charged and collected at the rates per unit or quantity of water drawn or lifted as specified in Form 'U'. The State Government may, in the public interest, by notification in the Official Gazette, revise such rate of fees as and when considered appropriate;
(h) The State Government may grant concession as considered necessary, to the industrial or commercial establishments as per the Industrial Policy Resolutions from the payment of licence fees;
(i) The [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
shall assess the fees to be charged as per unit/quantity of water drawn or lifted and accordingly issue demand notice within the first week of every month in Form. 'U'. The assessee shall make payment within the said month and on default monthly compound interest @ 2 % shall be charged.
(3) Any industrial or commercial establishment using, diverting collecting or consuming water from Government water sources prior to the commencement of the Orissa Irrigation (Amendment) Act, 1993 shall be treated as a licensee under the said Act and shall be liable to pay the licence fees specified in these rules for a period of three months from the date of commencement of the said Act within which time such industrial or commercial establishment shall have to file an application in Form 'S' and obtain a fresh licence.
(4) When a parson is reasonably suspected of having committed an offence by unauthorised use of water from a Government water source punishable under the Act, the [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
may, after making an inquiry forward the case to the Court of the competent jurisdiction.
(5) (a)
The State Government may in any case or class of cases grant total or partial exemption from payment of licence fee for any specified period in the interest of industrial or commercial developments in the State.
(b) An application for total or partial exemption of licence fees shall be made to the [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
having jurisdiction.
(c) [ The Executive Engineer on receipt of the application, may after making such inquiry as he considers necessary, furnish a report containing justification for exemption or the extent of such exemption, if any, alongwith the application to the concerned Chief Engineer, Water Resources Department and the Chief Engineer after recording his opinion on the application shall forward the same to the State Government for taking final decision in the matter.]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
### 24. Manner of filing application.
- [Section 21 (1) ] - (1) Application under Sub-section (1) of Section 21 for supply of water for irrigation shall be made to the irrigation Officer at least two months before the date from which supply of water is applied for :
Provided that if the application is received less than two months before the date of supply asked for and the Irrigation Officer is satisfied about the reasons of delay, he may accept such application.
(2) The application shall be made in Form 'G' and shall be delivered personally or sent by post. Printed forms will be supplied to intending applicants free of charge.
### 25. Mode of enquiry.
- [Section 21] - (1) On receipt of the application, the Irrigation Officer shall make or cause to be made such summary enquiry as he considers necessary and shall ordinarily allow the application if it is for a crop according to the crop-pattern determined for the block. If the application is for supply of water for a crop other than those included in the crop-pattern of the Block, the application may be ordinarily rejected, but if it is for a crop with similar water requirement as the crops selected for the crop-pattern of the Block, the Irrigation Officer may in his discretion allow it. The Irrigation Officer may refuse to sanction supply of water for irrigation to any land. If such irrigation would, in his opinion, lead to excessive or wasteful use of water, or cause, or contribute to cause damage or injury to such land or any other land or cause loss or injury to the cultivator of any other land.
(2) If an applicant is in arrears of water-rates which became due before the date of application the application may be rejected or sanction may be given provisionally subject to the condition that such arrears are paid before a specified date prior to commencement of supply.
(3) Where the application is allowed, a permit in Form 'H' shall be issued to the applicant. An intimation shall also be given in Form, 'I' in case the application is rejected.
### 26. Application for supply of water for any purpose other than irrigation.
- [Section 21 (2) ] - An application for supply of water for any purpose other than irrigation shall be made to the Irrigation Officer in Form 'J' in triplicate.
### 27. Mode of enquiry and execution of agreement.
- [Section 21 (2) ] - (1) On receipt of the application, the Irrigation Officer shall cause to be published in a conspicuous place of each of the villages through which the distributary or the minor passes, a notice inviting objections to be filed within fifteen days from the date of publication. On expiry of the last date for filing objections the Irrigation Officer shall, after making an enquiry in the prescribed manner, pass orders relating to the supply of water.
(2) The order shall be communicated in writing to the applicant and where the application is allowed, the applicant shall be asked to execute an agreement in Form 'K' within the date specified therein. Supply of water shall be made only after execution of the agreement.
(3) [ The concerned Irrigation Officer of the irrigation work shall order installation of a Flow Meter or a suitable measuring device within the period as stipulated by him not being less than thirty days from the date of such order at the cost of the applicant to measure the quantum of water to be drawn from the irrigation work and Flow Meter/measuring device shall be installed under his direct supervision or under the supervision of an Engineer not below the rank of Assistant Engineer to be specifically nominated by him, failing which the water supply shall not be given or shall be discontinued by him after giving seven days' notice.]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
### 28. Restriction to the sanction of supply of water for purposes other than irrigation.
- [Section 21(2) ] - The Irrigation Officer shall not ordinarily sanction the application if (a) he anticipates that the supply of water for the irrigation of the crops according to the approved crop-pattern will be adversely affected thereby, or (b) in his opinion the applicants have not made suitable arrangements to deliver the water from the point at which it is supplied to the place for which application has been made for supply, or (c) he has good reason to anticipate that the water will be used for the irrigation of crop, or (d) it is likely to produce conditions dangerous to public health.
### 29. Order in which water has to be supplied.
- The order in which water is to be supplied shall be decided by the Irrigation Officer.
### 30. Stoppage of supply of water.
- [Section 22] - The supply of water may be stopped at any time if it is found that it is being misused.
### 31. Power to stop water-supply.
- [Section 22] - (1) If it be proved after due enquiry, that the supply of water given to any applicant for his lands after due sanction is habitually wasted or used for the irrigation of land not covered by sanction, it shall be competent for the Collector to direct that the person shall not be allowed any supply of water for his land.
(2) In case of supply of water for crops other than staple cereal crops, no irrigation water shall be allowed to pass from a plot for which supply has been sanctioned to another plot not covered by sanction.
### 32. Application for selling or sub-letting water of an irrigation work.
- [Section 24] - (1) Where any local authority requires supply of water from an Irrigation work for the purpose of selling or sub-letting it to the public or a company or firm wants supply of water for selling or sub-letting it to its employees, an application in form of a letter shall be made to the Collector concerned. The Collector after causing such enquiry as may be necessary and consulting the Irrigation Officer shall satisfy himself that the water is available for supply of the quantity required without the requirements of irrigation, other essential needs and commitments already made.
(2) The Collector may reject the application for supply of water or sanction the supply applied for wholly or in part and the orders so passed shall be communicated to the applicant. In case of sanction of the application in full or part, it shall be communicated to the applicant, with the direction to execute an agreement in Form 'L' by a specified date.
(3) The supply of water shall be made after execution of the agreement.
### 33. Water-rate leviable when crop sanctioned is not planted or fails and another crop is grown.
- When the approved crop is not grown or if grown fails, another crop requiring equal or less quantity of water may be sown in the same area ; and provided water is available water shall be given to such second crop to the date up to which water would have been given to the crop sanctioned. No additional charge shall be levied if intimation shall have been given to the Irrigation Officer in writing within 8 days of planting the fresh crop and if the second crop is assessable at the same or lower rate than that of the sanctioned crop. If no such notice shall have been given, the irrigation of the second crop may be treated as unauthorised.
### 34. Water-rate leviable when mixed crops are grown.
- If mixed crops are grown in any part of a plot for any period, the water rate fixed for the highest rated crop so grown shall be charged for the whole plot for the whole period with respect to which such rate is leviable.
### 35. Furnishing of information regarding interruption or stoppage.
- [Section 25] - In case there is any failure, interruption or stoppage of water at the outlet, it shall be the duty of the persons affected thereby to report about such failure, interruption or stoppage within 24 hours from the time of occurrence to the Irrigation Officer. Failure to furnish the information in time shall not ordinarily entitle the persons affected to any remission provided under Section 25.
### 36. Application for remission.
- [Section 25] - Application for remission under Sub-sections (1) and (2) of Section 25 shall be made to the Collector not less than 21 days before the crop is harvested. The application shall state inter alia-
(a) the name of the main canal, distributary and the minor from which there is failure, stoppage or interruption of water supply;
(b) point of failure, stoppage or interruption;
(c) the details of the lands affected;
(d) date of occurrence;
(e) cause;
(f) extent of failure of crop estimated; and
(g) extent of remission claimed.
### 37. Owner or occupier to allow free passage of water over his land.
- [Section 26] - (1) The Irrigation Officer shall issue notice to each owner or occupier referred to in Sub-section (2) of Section 26 of the Act, to allow free passage of water through or over the lands in his possession or control. In the said notice it shall be stipulated that if free passage of water is not allowed within a date specified in the notice, the Irrigation Officer shall take necessary steps to allow such passage and recover the cost to be incurred, if any, in that behalf. If any owner or occupier fails to comply with by the date specified in the notice the Irrigation Officer shall execute the work for free passage of water and send a demand notice to owner or occupier to pay the cost of the work within the date specified in the demand notice.
(2) In case of failure to deposit the cost within the time-limit mentioned in the demand notice, it shall be recovered as arrears of land revenue.
Chapter-V Levy of water-rate
### 38. Class of irrigation work subject to the compulsory basic water-rate.
- [Section 27] - All lands under the culturable commanded area of the classes of irrigation work specified in Rule 18 when staple cereal crops are generally grown in the area shall be liable to compulsory basic water-rate.
### 39. Compulsory basic water-rate and water-rates how to be fixed.
- [Section 27] - The compulsory basic water-rate and water-rates mentioned in the Schedule hereunto attached, is ordinarily the rate per acre of land irrigated or rate per unit quantity of water supplied.
### 40. Additional water-rate leviable, if any crop which requires more water than the staple cereal crop is grown during the base period of staple cereal crop.
- [Section 27] - If any owner or occupier of land within the irrigable command of an irrigation work grows a crop which matures later that the staple cereal crop and requires water for its maturity beyond the period of supply fixed for each class of irrigation work in respect of staple cereal crop, it shall be charged additional water-rate for the additional supply of water at the fate of fifty naye paise per acre inch in addition to the compulsory basic water-rate. He shall inform the Irrigation Officer in writing in a fortnight before taking additional supply of water. If no such information in writing furnished the use of water shall be treated as unauthorised.
### 41. Particulars of low lands.
- [Section 28] - Land where accumulation of water due to natural causes makes transplantation of Sarad paddy at any time in the months of July and August impossible shall be entitled to the benefits under the first proviso to Section 28 of the Act.
### 42. Concessional compulsory basic water-rate for low land.
- [Section 28] - Compulsory basic water-rates under the second proviso of Section 28 shall be half rate.
### 43. Rates for lift irrigation provided at the expense of owner or occupier.
- [Section 28] - Compulsory basic water-rate under the third proviso to Section 28 shall be charged at half such rates.
### 44. Lands irrigated by existing private sources how to be assessed.
- [Section 28] - (1) The estimated rate of the existing private source of irrigation shall be equal to the compulsory basic water-rate of the class of irrigation work to which the private irrigation source shall be classified by the Irrigation Officer according to the principles laid down in Rule 18.
(2) The Irrigation Officer before deciding the classification of any private irrigation source shall give reasonable opportunity to the owner of the said source as well as to the owners and occupiers of lands irrigated by source of being heard shall communicate his decision to them.
### 45. Assessment of compulsory basic water-rate.
- [Section 28] - (1) The Irrigation Officer shall classify the irrigation works under his charge according to the principles laid down in Rule 18 and fix the compulsory basic water-rate to be levied in respect of each individual work according to the classification arrived at. The amount of compulsory basic water-rate payable by each owner or occupier for his lands within, the irrigable command shall, thereafter, be calculated keeping in view the principles laid down in Rules 41 to 44.
(2) The Irrigation Officer shall prepare a preliminary assessment toll of the compulsory basic water-rate for the lands in each village in respect of each irrigation work in Form 'M'.
(3) A notice of preliminary assessment shall be served on each person liable to pay compulsory basic water-rate in respect of land or lands held by him in each village in Form 'N' specifying the date by which the objections to the proposed assessment, if any, may be preferred.
(4) On the expiry of the period specified in the notice under Sub-rule (3), the Irrigation Officer shall consider the objections, if any, received by him during such period and may make such enquiry as he may think fit.
(5) Any modification made by the Irrigation Officer in the list of preliminary assessment shall be initialled and dated by him. The list of preliminary assessment thus modified shall be final assessment list of compulsory basic water-rate of the village which shall be payable by the assessee.
(6) As soon as an objection filed against the preliminary assessment within the period specified in the notice issued under Sub-rule (3) has been disposed of, or, where no objection has been filed, as soon as the period specified for filing objection has elapsed, the Irrigation Officer shall cause a notice of demand of the amount of compulsory basic rate finally assessed under Section 28 to be served as nearly as possible in Form 'O' on every person liable to pay the same. If any objection has been preferred by any person in response to the notice of the preliminary assessment in Form 'N' served under Sub-rule (3), substance of the Irrigation Officer's decision on such objection shall be noted in remarks column of the notice of demand in Form 'O'.
(7) Any person seeking any exemption or grant of concession in respect of compulsory basic water-rate or water-rates as admissible, under Rules 41, 42, 43 and 44 shall apply in writing to the Irrigation Officer within 30 days from the date of cause of action giving full particulars of the land and the relief wanted. In case the grant of concession for land already getting water from an existing private, source, the particulars of such irrigation source and the water-rate per acre, if any, paid for use of water shall also be mentioned in the application. The Irrigation Officer shall make or cause to be made such summary enquiry as he considers necessary and pass orders on the application ; provided that due opportunity shall be afforded to the applicant and other persons interested for being heard before passing final orders.
### 46. Appeals in regard to final assessment [Section 29].
(1) An appeal under Section 29 shall be presented by the assessee or by his duly authorised agent by making in writing an application in duplicate to the [Sub-divisional Officer]
[Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.]
within 30 days of the date of service of demand notice under Sub-rule (6) of Rule 45 and shall be accompanied by an authenticated copy of the notice of demand which is appealed against; provided that on sufficient cause being shown the [Sub-divisional Officer]
[Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.]
may after expiry of 30 days admit an appeal.
(2) On receipt of the application, the [Sub-divisional Officer]
[Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.]
shall send to the Irrigation Officer, who made the assessment appealed against, a copy of the application and call for the latter's report thereon and the records of enquiry, if any, made by him under Sub-rule (4) of Rule 45. The Irrigation Officer shall submit to the [Sub-divisional officer]
[Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.]
his report and other relevant papers, if any, within 15 days from the date of receipt of the [Sub-divisional Officer's]
[Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.]
requisition for the same.
(3) On receipt of the Irrigation Officer's report under Sub-rule (2) the [Sub-divisional Officer]
[Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.]
may after giving the appellant a reasonable opportunity of being heard for reasons to be recorded in writing, allow in part or full or reject the application or pass such other orders as he may deem fit.
(4) Pending consideration of the application, the [Sub-divisional Officer]
[Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.]
may on sufficient grounds being shown stay recovery of the demand if not already paid. A copy of such stay order shall immediately be sent to the Irrigation Officer who made the assessment.
(5) An authenticated copy of the [Sub-divisional Officer's]
[Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.]
final order in appeal shall be sent to the Irrigation Officer concerned within 7 days from the date of the passing of such order.
### 46A. [ Revision in regard to final assessment.
[Inserted vide Orissa Gazette Extraordinary No. 968 of 1988.]
- [Section 29-A] - (1) An application under Section 29-A shall be made by the person aggrieved or by his duly authorised agent to the Collector within a period of 60 days from the date of passing of such orders by the appellate authority with a certified copy of the order sought to be reviewed.
(2) Every revision petition shall be drawn up in the form of a memorandum signed and drafted by the petitioner or his authorised agent or his counsellor. The memorandum shall set forth concisely and under distinct head of the grounds of objection to the order sought to be revised and such grounds shall be numbered consecutively.
(3) If the revision petition is admitted, the Collector nay call for the records from the officer against whose order the revision has been filed.
(4) Pending disposal of the revision petition operation of the order sought to be revised may, at the discretion of the authority hearing revision petition, be stayed.
(5) A notice of revision petition and date of its hearing shall be served on the respondent, if any, and reasonable opportunity shall be given to the parties to be heard in person or through his authorised agent before the final order in revision is passed.
(6) An authenticated copy of the final order in revision shall be sent to the Irrigation Officer concerned within 15 days from the date of passing such orders.]
### 47. Levy of rates for unauthorised use of or waste of water.
- [Section 32] - (1) The rate for water used in unauthorised manner for irrigation of lands or misuse of water in excess of the requirements of the crop for which irrigation has been sanctioned shall be made at a rate not exceeding six times the compulsory basic water-rate payable for the lands under the culturable commanded area of the class of irrigation work from which the water is used.
(2) The rate for water used in unauthorised manner otherwise than irrigation shall be made having regard to the volume of water used and the benefit produced by such use at a rate not exceeding six times the bulk-rate fixed for filling of tanks in the Schedule attached to these rules.
(3) The charge for waste of water shall be made having regard to the volume of water wasted at a rate not exceeding six times the bulk-rate fixed for filling of tanks in the Schedule attached to these rules. For habitual wastage of water the charge shall be made at the maximum of the above prescribed rate.
(4) The Irrigation Officer on receipt of a report of unauthorised use of waste of water, shall after examination of such witnesses as he may consider necessary, record his orders fixing the levy of rates for such unauthorised use or for wastage of water and the person or persons liable to pay the same, with the reasons therefor.
(5) The Irrigation Officer shall issue a demand notice alongwith a copy of the order passed by him to each person so assessed to make payment of the amount within a specified date not exceeding 30 days from the date of service of notice. The amount when paid shall be credited as irrigation revenue.
(6) An appeal may be filed before the Collector within 30 days of service of notice mentioned in Sub-rule (5). Collector may stay recovery of the assessment till the disposal of appeal.
(7) If the amount is not paid within 30 days of the service of notice mentioned in Sub-rule (5) or where an appeal has been filed and recovery is stayed within 30 days from the date of disposal of appeal by the Collector, it shall be recovered as arrears of land revenue with interest at 6 per cent per annum.
### 48. Compulsory basic water-rate and water-rates when payable.
- [Section 33] - The dates in each year for payment of compulsory basic water-rate and water-rates shall be -
| | |
| --- | --- |
|
For compulsory basic water-rate
|
The 31st March.
|
|
Far water-rate
|
30th June except for Jute crop.
|
|
For water-rate for Jute crop
|
The 31st March of the financial year during which the crop is
harvested.
|
### 49. Proportion of liability for payment of water-rate.
- [Section 35] - (1) The proportion of water-rate recoverable from an occupier who is a tenant protected under the Tenants' Relief Act, 1955 for lands in his occupation and owner shall respectively be ¾th and ¼th of the water-rate.
(2) Where the owner meets the whole or any part of the costs of cultivation according to the terms of a contract and the tenant is required to pay produce rent, as per the said contract, the owner shall be liable to pay, a part of the water-rate in such proportion as the produce rent taken by the owner bears to the total produce of the land during the year of levy.
### 50. Period of rebate to be granted.
- [Section 36] - (1) The period for grant of rebate in compulsory basic water-rate under Section 36 of the Act for all classes of irrigation works shall be for a period of 10 years from the date of completion of the irrigation work.
(2) Where names of persons who made the contribution are available from records without any semblance of doubt the. rebate shall be granted to all such persons having lands in the culturable commanded area, otherwise the rebate shall be given to all owners and occupiers having land within the said area.
### 51. Exemption from compulsory basic water-rate and water-rates.
- [Section 37] - (1) The State Government may grant total or partial exemption from compulsory basic water-rate and water-rates in respect of lands within any block if they consider such exemption fair and equitable.
(2) Application for total or partial exemption shall be made to the [Sub-divisional Officer]
[Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.]
, Such an application shall not be considered unless it reaches the [Sub-divisional Officer]
[Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.]
at least two weeks before reaping of the crops for which exemption is applied for.
(3) The [Sub-divisional Officer]
[Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.]
on receipt of the application under Sub-rule (2) may make or cause to be made a local enquiry to consider whether the extent of exemption applied for is justified. After making such enquiry he shall record his opinion and submit a report to the State Government for consideration. The State Government shall consider the same and may grant total or partial exemption from the compulsory basic water-rate and water-rates or refuse to grant any exemption according to the merit of the case. In case of grant of partial exemption the State Government may, under special circumstances stay the recovery of the balance to the next year :
[Provided that where the State Government in exercise of powers conferred upon them under Sub-section (2) of Section 37 have delegated their power to the Sub-divisional Officer, the Sub-divisional Officer may dispose of the application for exemption himself without submitting his enquiry report to the State Government for consideration :
Provided further that no order shall be made in exercise of powers so delegated without the prior approval of the Collector and the Commissioner having jurisdiction in case of exemption of water-rate or cess in individual case in excess of Rs. 500.00 up to Rs. 1,000.00 and above Rs. 1,000.00 respectively.]
[Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.]
Chapter-VI Penalties
### 52. Prohibition of passage on or across irrigation work [Section 39].
- Except when a public right of way exists, no person shall without the written permission of the Irrigation Officer, pass himself, cause any animal or vehicles to pass on or across any irrigation work, banks or channels of a canal or drainage work, except by means of such bridges, fords and ferries and their approaches as may have been provided for the purpose.
Any person committing a breach of this rule shall be liable to be prosecuted against under Clause (7) of Section 39 of the Act.
### 53. Prosecution for refusal to allow free passage of water [Section 39].
- No owner or occupier of land under the irrigable command of an irrigation work shall refuse to allow free passage of water through or over lands in his possession or control for purpose of irrigation or drainage of lands except when such free passage causes unnecessary loss or damage to his own land. For breach of this rule a penalty to the extent of Rs. 200 may be imposed.
### 54. Composition of offences.
- [Section 45] - (1) When a person is reasonably suspected of having committed an offence punishable under the Act or these rules and an Irrigation Officer considers after making an enquiry that it may be compounded, he shall issue a notice in writing in Form 'P' under his signature to such person requiring him to attend at the time and place specified in the notice. The notice shall be served on the person concerned, by any person deputed by the Irrigation Officer. The person to whom the notice is tendered shall sign it or put his thumb mark thereon by way of acknowledgment and return it to the server. If he refuses to accept the notice or evades the service thereof, the server shall report the fact to the Irrigation Officer.
(2) When the person attends and is willing to compound, the Irrigation Officer shall fix the amount payable. Amount thus fixed shall be paid immediately or within such time as the Irrigation Officer may fix.
Chapter-VII Miscellaneous
### 55. Appointment of officers.
- [Section 46] - (1) The appointment of officers and investment of powers under Sub-section (1) of Section 46 shall be notified in the Official Gazette.
(2) An officer empowered under Sub-section (1) of Section 46 to appoint officers shall not make any appointment for which there is no sanction or create any new designation without the prior approval of the State Government.
### 56. Annual inspection of irrigation work for efficient maintenance.
- [Section 46] - (1) In respect of irrigation works under the control of Works Department, the annual inspection of and submission of reports on all such works to ensure their proper maintenance and repairs shall be according to the instructions issued from time to time by the State Government.
(2) Collectors shall remain in charge of the maintenance and repairs of all other irrigation works. For proper discharge of their responsibility Collectors shall maintain a complete list of all such irrigation works in the Form 'Q'.
(3) The Irrigation Officer shall inspect each irrigation work under his control at least once annually and submit a report to the Collector regarding the condition of the work. He shall indicate in his report as to whether the work needs repairs or not and if so, a brief description of repairs to be made. For the sufficient maintenance of irrigation works in the district, Collector shall maintain a permanent ledger showing the name of irrigation work, the amount of expenditure sanctioned and other details in Form 'R'.
(4) An annual report shall be submitted to the Board of Revenue by the 15th of April each year showing the following particulars :
(i) The number of works reported during the year to be in need of repairs;
(ii) The number of works in (i) above inspected by the Collector;
(iii) The number of works found on actual inspection by the Collector not to require repairs;
(iv) The number of works found to require repairs have been repaired; and
(v) Reason for not taking up or completing repairs of works requiring repairs.
### 57. Appeal.
- [Section 47] - (1) An appeal preferred under Section 47 shall be made in the form of a memorandum signed and dated by the appellant or his recognised agent or his counsel. The memorandum shall be accompanied by an authenticated copy of the order appealed against.
(2) In computing the period of 30 days prescribed in the Act, the time spent in obtaining a copy of the order appealed against shall be excluded.
### 58. Revision [Section 48].
- The Board of Revenue or the Commissioner may, under Sub-section (1) of Section 48 call for and examine any record of the proceedings [\* \* \*]
[Deleted vide Notification No. 75217/3.3.1984.]
under the Act or these rules or any officer subordinate to him either on an application of on his own motion. When records are called for by the Board of Revenue or Commissioner, a clear report on the facts of the case shall be submitted. Where record is called for on application, a report on the points raised in the application shall accompany the record.
### 59. Appeal under Section 54 (5) .
(1) An appeal if preferred under Subsection (5) of Section 54 shall lie to the Collector of the district.
(2) Any officer who is superior in rank to the Revenue Officer from whose order an appeal lies under Sub-section (5) of Section 54 appointed by Government as an appellate authority under Section 54.
Schedule
----------
[Vide Rule 23]
Levy of water-rate for different classes of irrigation works and special rates for supply of water for purposes other than irrigation
A. Khariff water-rate
| | |
| --- | --- |
|
[Class of irrigation work
|
Rate per hectare per year
|
|
(1) |
(2) |
|
|
Rs.
|
|
1st class
|
250.00
|
|
2nd class
|
188.00
|
|
3rd class
|
125.00
|
|
4th class
|
63.00]
|
[Substituted vide Orissa Gazette Extraordinary No. 494 dated 5.4.2002.]
In respect of new irrigation works or irrigation works where compulsory basic water-rate will be levied for the first time, the following principles should be adopted ;
| | | |
| --- | --- | --- |
|
(a) |
In the first year when water is let out in ayacut
|
Nil.
|
|
(b) |
In the second year when water is let out in ayacut
|
50 per cent of the appropriate rate.
|
|
(c) |
In the third year when water is let out
|
75 per cent of the appropriate rate.
|
|
(d) |
In the fourth year and thereafter per year
|
100 per cent of the appropriate rate.
|
In respect of the old irrigation works where water-rates have been in force hitherto, the following principles shall be adopted :
| | | |
| --- | --- | --- |
|
(a) |
First year of enforcement of the provisions of the Orissa
Irrigation Act, 1959
|
50 per cent of the appropriate rate or the rate already in
force whichever is higher.
|
|
(b) |
Second year of enforcement of the Act
|
75 per cent of the appropriate rate or the rate already in
force whichever is higher
|
|
(c) |
Third year of enforcement of the Act and thereafter per year
|
100 per cent of the appropriate rate.
|
B. Water-rates for crops other than the staple cereal crops
| | | |
| --- | --- | --- |
|
[Sl. No.
|
Name of the crop
|
Rate per hectare per year
|
|
(1) |
(2) |
(3) |
|
|
|
(Rs.)
|
|
1
|
Dalua
|
450.00
|
|
2
|
Tobacco
|
420.00
|
|
3
|
Potato
|
280.00
|
|
4
|
Vegetables including peas
|
230.00
|
|
5
|
Onion
|
280.00
|
|
6
|
Wheat
|
170.00
|
|
7
|
Maize
|
140.00
|
|
8
|
Mung
|
28.00
|
|
9
|
Groundnut
|
170.00
|
|
10
|
Orchards
|
334.00
|
|
11
|
Sugarcane
|
500.00
|
|
12
|
Jute
|
84.00
|
|
13
|
Fodder
|
170.00
|
|
14
|
Pulses
|
60.00
|
|
15
|
Cotton
|
280.00
|
|
16
|
Til (Oil-seeds)
|
60.00
|
|
17
|
Betel leaf
|
840.00
|
|
18
|
Arhar
|
170.00
|
|
19
|
Sunhemp
|
200.00
|
|
20
|
Chilly
|
170.00
|
|
21
|
Saru
|
840.00
|
|
22
|
Ragi
|
70.00
|
|
23
|
Mustard
|
60.00
|
|
24
|
Ganja
|
930.00]
|
[Substituted vide Orissa Gazette Extraordinary No. 494 dated 5.4.2002.]
In respect of new irrigation work or irrigation work where water-rate will be levied for the first time, the following principles shall be adopted
| | | |
| --- | --- | --- |
|
(a) |
In the first year when water is let out in ayacut
|
Nil.
|
|
(b) |
In the second year when water is let out in ayacut
|
50 per cent of the appropriate rate.
|
|
(c) |
In the third year when water is let out
|
75 per cent of the appropriate rate.
|
|
(d) |
In the forth year and thereafter
|
100 per cent of the appropriate per year rate.
|
In respect of the old irrigation work where water-rates have been in force hitherto, the following principles shall be adopted :
| | | |
| --- | --- | --- |
|
(a) |
First year of enforcement of provisions of the Orissa
Irrigation Act, 1959
|
50 per cent of the appropriate rate or the rate already in
force, whichever is higher.
|
|
(b) |
Second year of enforcement of the Act
|
75 per cent of the appropriate rate or the rate already in
force, whichever is higher.
|
|
(c) |
Third year of enforcement of the Act and thereafter per year
|
100 per cent of the appropriate rate.
|
[C. Special rates for purposes other than irrigation
[Substituted vide Orissa Gazette Extraordinary No. 905 dated 18.7.1998.]
| | | | |
| --- | --- | --- | --- |
|
Item No.
|
Purpose for which supply is given
|
Rate
|
Per
|
|
(1) |
(2) |
(3) |
(4) |
|
1.
|
Bricks or tile making
|
6.00
|
1,000 bricks or tiles
|
|
2.
|
(i) For water actually used and consumed for industrial/
commercial purpose
|
250.00
|
1,00,000 Gallons
|
|
|
(ii) For water temporarily used for industrial/commercial
purposes and discharged back unpolluted or after purification
into Irrigation Project from which the same was drawn
|
60.00
|
1,00,000 Gallons
|
|
3.
|
For bulk supply to Municipalities and Notified Area Councils
and other local authorities for drinking, washing etc.
|
30.00
|
10,000 Cft.
|
|
4.
|
Construction of buildings
|
4.00
|
100 Cft.
|
|
5.
|
For filling tanks
|
30.00
|
10,000 Cft.
|
|
6.
|
For filling tanks mainly for drinking purposes
|
15.00
|
10,000 Cft.
|
But filling tanks mainly for drinking purposes, half the rate in item 5 (i.e., Rs. 125 for 10,000 cft.) shall be charged.]
Form 'A'
[Vide Rule 4 of the Orissa Irrigation Rules, 1961]
Whereas the State Government propose under Sub-section (3) of Section 5 of Orissa Irrigation Act, 1959 to construct/extend/improve the irrigation work known as the.....................Project a description of which is hereby given in the Schedule hereto annexed, notice is hereby given that-
(i) any person whose lands are likely to be affected by the proposed work or who is otherwise interested may present in writing any objection to or suggestion in respect of the proposed work in duplicate so as to reach the Collector on or before the..............20 (here specify the date which shall not be less than one month from the date of publication of this notification in the Gazette);
(ii) objections and suggestions received will be kept open for Inspection of the public in the office of the Collector for a period of fifteen days following the last date of receiving objections or suggestions mentioned above;
(iii) objections presented under (i) shall be heard at................................a.m.on the..............20............(this date should not be less than fifteen days after the expiration of the period mentioned in Clause (ii) at............(name of place or office).
Schedule 2
------------
Description of the proposed work
### 1. Name of the work........ ###
2. General description of work-illustrated in Index Map posted on the notice boards of the office of the Collector/Sub-divisional Officer/Panchayat Samiti and...........Grama Panchayat. (Plans and descriptive notes can be seen in the office of the Collector............. from............to............................on any working day during office hours.)
### 3. Name of district(s) , Sub-division(s), and Block(s) in which the work is proposed to be executed........ ###
4. Necessity or the purpose of the work.........
### 5. (i) Details of lands to be newly irrigated......... (ii)
Details of lands in respect of which better irrigation facilities will be provided............
### 6. Names of the villages likely to be adversely affected and the approximate area in each village likely to be adversely affected......... ###
7. Approximate cost of the work........
### 8. Approximate compulsory basic water-rate per acre leviable in year on the lands likely to be benefited by the work- (i) for lands to be newly irrigated;
(ii) for lands in respect of which better irrigation facilities will be provided. (The difference between the rate to be levied after improvement or extension is done and the existing rate).
### 9. Approximate annual gross income from compulsory basic water-rate and water-rates- (i) for lands to be newly irrigated;
(ii) for lands in respect of which better irrigation facilities will be provided. (The difference between the rate to be levied after improvement or extension is done and the existing rate).
### 10. [Omitted] ###
11. Remarks.
By order of the Governor
Secretary to Government
Form 'AA'
[Vide Rule 4-A of the Orissa Irrigation Rules, 1961]
Whereas it is proposed under Sub-section (3) of Section 5 of Orissa Irrigation Act, 1959 to construct/extend/improve the minor irrigation work known as the.................project a description of which is hereby given in the Schedule hereto annexed, notice is hereby given that-
(i) any person whose lands are likely to be affected by the proposed work or who is otherwise interested may present in writing any objection to or suggestion in respect of the proposed work in duplicate so as to reach the Block Development Officer............on or before the.............20 (here specify the date which shall not be less than one week from the date of publication of this notice in the notice board);
(ii) objections and suggestions received will be kept open for inspection of the public in the office of the undersigned till their disposal by competent authority.
Schedule 3
------------
Description of the proposed work
### 1. Name of the work.......... ###
2. General description of work - Illustrated in Index Map pasted on the notice board of the office of the undersigned and Grama Panchayat.
(Plans and descriptive notes can be seen in the office of the undersigned from.....to..........on any working day during office hours)..........
### 3. Name of districts Sub-division and Block in which the work is proposed to be executed.......... ###
4. Necessity or the purpose of the work............
### 5. Names of the villages likely to be benefited and the approximate area of land in each village likely to be benefited- (i) lands to be newly irrigated..........
(ii) lands in respect of which better irrigation facilities will be provided.
### 6. Names of the villages likely to be adversely affected and the approximate area in each village likely to be adversely affected.......... ###
7. Approximate cost of the work..........
### 8. Approximate compulsory basic water-rate per acre leviable in year on the lands likely to be benefited by the work- (i) for lands to be newly irrigated............
(ii) for lands in respect of which better irrigation facilities will be provided.................
(The difference between the rate to be levied after improvement or extension is done and the existing rate).
### 9. Approximate annual gross income compulsory basis water-rate and water-rate............ ###
10. Remarks.............
Block Development Officer
Form 'B'
Notification under Rule 6 of the Orissa irrigation Rules, 1961
In pursuance of Rule 6 of the Orissa Irrigation Rules, 1961, the State Government after considering the report and recommendations of the Collector, decide that the.................work as specified in Notification No..........dated........shall not be executed/shall be executed without any modification/with the modification specified in the Schedule hereto annexed.
Schedule 4
------------
By order of the Governor
Secretary to Government
Form 'BB'
Decision under Rule 6-A of the Orissa Irrigation Rules, 1961
In pursuance of Rule 6-A of the Orissa Irrigation Rules, 1961, the competent authority after considering the report and recommendations of the undersigned has decided that the work the description of which is given in the enclosed statement (a copy of schedule published with the notice in Form 'AA' is to be enclosed) shall not be executed/shall be executed without any modification/with modification specified, in the Schedule hereto annexed.
Schedule 5
------------
Block Development Officer
Form 'C'
[Vide Rule 9 (2) ]
Notice for construction of water-courses
Notice is hereby given to the villagers of of Grama Panchayat that alignments of water-courses in respect of Block Nos...........have been marked on the ground and the names of persons whose lands will be benefited by.........irrigation works are furnished in the Schedule attached hereunto. They shall complete the construction of water-courses as per specifications given hereunder individually in their respective lands or jointly the whole system of water-courses including those on Government and common lands by.........(date) failing which they will be liable for suitable action under the provisions of the Orissa Irrigation Act, 1959.
| | |
| --- | --- |
|
Specification-
|
Top width.............
|
|
|
Bottom width.........
|
|
|
Depth........
|
|
|
Provision of crossings (if any).................
|
Irrigation Officer
Place.........
Date..........
(Seal) Schedule
| | | | | |
| --- | --- | --- | --- | --- |
|
Block No.
|
Name of person
|
Father's name
|
Area of land benefited in the Block
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
Form 'D'
[Vide Rule 11]
Application for construction/extension/improvement/alteration of a water-course
To
The Irrigation Officer,
Sir, I son of owner of plot No Khata No Touzi No..........in village..........Thana.......District............beg to apply for grant of permission to construct/extend/improve/alter the water-course specified in the statement below :
### 1. Name of the applicant and address............ ###
2. Area of cultivable and waste land held by the owner (details of each plot should be furnished).........
### 3. Description of the water-course to be constructed/extended/ improved/altered........ ###
4. Particulars of the land over which the water-course is proposed to be constructed/extended/improved/altered with the name/names of the owner(s) ..
### 5. Whether the water-course is proposed to be constructed/extended/ improved/altered by the applicant by private arrangement with the owners of lands affected by the water-course........... ###
6. If so, whether agreement has been taken from the land owners affected (the written agreement is to be filed with the application)..........
### 7. Estimated cost.......... ###
8. Mode of execution.........
### 9. Time by which the work of construction/extension/improvement/alteration of the water-course is to be completed........... ###
10. (a) Whether the interests of other lands will be affected..........
(b) If so, give details......
(c) Steps proposed to be taken to safeguard their interests............
(d) Whether the owners of the land affected are agreeable to the arrangement proposed to be made to safeguard their interests (written agreement should be filed alongwith the application)..........
### 11. If the work of construction/extension/improvement/alteration of the water-course is applied for execution at Government cost, whether the owner is agreeable to bear the entire cost......... ###
12. Any other matter which the applicant desires to mention............
Signature or thumb impression of applicant
Form 'E'
[Vide Rule 12]
Permission to construct/extend/improve/alter a water-course
### 1. Name of the applicant........... ###
2. Description of the water-course to be constructed/extended/improved/ altered..........
### 3. Details of land over which the water-course is to be constructed/ extended/improved/altered............. ###
4. Time by which the work of construction/extension/improvement/ alteration of the water-course is to be completed............
### 5. Conditions, if any, on which permission is granted............ ###
6. Remarks............
Irrigation Officer
Form 'F'
[Vide Rule 13 (2) of the Orissa Irrigation Rules, 1961]
Notice is hereby given to the villagers of....of Grama Panchayat that Shri............of village...........has applied for construction, extension, improvement or alteration of a water-course through Government agency and he is ready to defray all the expenses necessary for the work. The alignments of the water-course have been marked out on the ground and the names of persons whose lands will be irrigated or affected by the work are furnished in the Schedule attached hereunder. Any person who wishes to have for his lands the benefit of the water-course may make his application in that behalf to the undersigned within thirty days of the publication of this notice. He may also appear before the undersigned within fifteen days from the date of submission of the application on any working day during office hours. If any applicant appears and his application is allowed, he shall be liable to pay his share as may be decided by the undersigned in construction, extension, improvement or alteration of such water-course and the cost of land acquisition, if any.
| | |
| --- | --- |
|
Place............
|
(Seal) |
|
Date.............
|
Irrigation Officer
|
Schedule 6
------------
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Block No.
|
Name of person
|
Father's Name
|
Area in acres to be irrigated by the proposed
water-course
|
Area in acres, if any, affected by the proposed
water-course
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
Form 'G'
[Vide Rule 24 (2) of the Orissa Irrigation Rules, 1961]
Form of application for supply of water for......crop
To
The Irrigation Officer.............
Sir,
I..............................son of......................resident of village..........Police station..............Sub-division/Taluk............District..........make this application for the supply of water from....................canal irrigation work during the period from...............to.............subject to all the conditions specified below for the purpose of irrigating the land hereafter described-
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Name of applicant
|
Name of village in which the land is situated
|
Distribution
|
Plot No. and Khata No. etc.
|
Approximate area
|
Remarks
|
|
Channel
|
Outlet No.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
### 2. I am..........of the land for which water has been applied for. ###
3. I agree to prevent water being wasted or used in an unauthorised manner.
### 4. I agree to pay for the supply of water whether used or not at the rate and on the date fixed by Government for the purpose. ###
5. I agree that water will be supplied at such times and in such quantities as you may order and that any sums due from me which are not paid by the date fixed will be recoverable from me or may successor as arrears of land revenue with interest at 6 per cent per annum.
### 6. I know that no suit for compensation lies either against the State Government or its officer in connection with any application for supply of water and an order passed thereon. ###
7. I agree to abide by all the provisions of the Orissa Irrigation Act, 1959 and the rules framed thereunder.
### 8. I agree to abide by all the conditions that may be imposed by you regarding supply and use of water. I agree that fraction of a decimal exceeding one-half will be treated as one decimal. ###
9. Date of application........
| | |
| --- | --- |
|
Signature or left-hand thumbimpression of witness
|
Signature or left-hand thumb impression of the applicant
|
|
Address..........
|
|
|
Memo No..............
|
Date.............
|
|
Forwarded to..........for enquiry
and report.
|
|
Irrigation Officer
(To be filled in by the Enquiring Officer)
### 1. Date of receipt of application............ ###
2. Whether all details furnished in the application are correct....................if not, the discrepancies, if any, should be noted..............
### 3. Whether the supply can be made from the irrigation work/outlet specified.............if not, from what outlet should supply be made..................... ###
4. The actual area as ascertained by measurement for which supply can be made for the irrigation of the crop..............
### 5. The applicant is/is not a defaulter in respect of land revenue/ compulsory basic water-rate/water-rate............. ###
6. Recommended for issue of permit or rejection for the reasons that..........
Date............
Enquiring Officer
Order of Irrigation Officer
Irrigation Officer
Permit No.............of 20 issued.
Intimation regarding rejection of the application given under No...................dated.........
Irrigation Officer
Form 'H'
[Vide Rule 25 (3) of the Orissa Irrigation Rules, 1961]
Permit for supply of water............crop
To
.....................Name of applicant
...................Village
.....................Police-Station
...................Post Office
...................District
This is to inform you that on the application submitted by you on...................water will be supplied to your land (Plot No.........measuring..........acre.....................Dec.) in.............village for irrigation of crop during the period from.............to...........from irrigation work................................/distributary of.............Canal.
You should take steps to prevent water being wasted or used in an unauthorised manner. The water-rates of Rs at the rate of Rs.................................per acre due on this permit are payable by you on or before................................to.
Irrigation Officer
Copy forwarded to the................for information and necessary action
Irrigation Officer
Form 'I'
[Vide Rule 25 (3) of the Orissa Irrigation Rules, 1961]
Intimation to the applicant when the application for the...........rejected
### 1. Application No ###
2. Date of receipt of the application
### 3. Name of applicant ###
4. Name of irrigation work/canal
### 5. Distributary No. and Outlet No., if any. ###
6. Village and plot No
### 7. Area demanding irrigation ###
8. Period of supply from to
### 9. Reasons for rejection crop is Irrigation Officer
Form 'J'
[Vide Rule 26 of the Orissa irrigation Rules, 1961]
Application for supply of water to be used for purposes other than those of irrigation
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
|
Original
|
|
Duplicate
|
|
Triplicate
|
|
|
(1) |
|
(2) |
|
(3) |
|
1.
|
Name of village
|
1.
|
Name of village
|
1.
|
Name of village
|
|
2.
|
Work under which situated
|
2.
|
Work under which situated
|
2.
|
Work under which situated
|
|
3.
|
Name of the distributary or minor from which water is
required
|
3.
|
Name of the distributary or minor from which water is
required
|
3.
|
Name of the distributary or minor from which water is
required
|
|
4.
|
Distance of outlet from which water is required
|
4.
|
Distance of outlet from which water is required
|
4.
|
Distance of outlet from which water is required
|
|
5.
|
Purpose for which water is required
|
5.
|
Purpose for which water is required
|
5.
|
Purpose for which water is required
|
|
6.
|
Approximate volume of water wanted
|
6.
|
Approximate volume of water wanted
|
6.
|
Approximate volume of water wanted
|
|
7.
|
Date from and period for which water is required
|
7.
|
Date from and period for which water is required
|
7.
|
Date from and period for which water is required
|
|
8.
|
Name of applicant
|
8.
|
Brief abstract of Enquiring Officer's report
|
8.
|
Date of submission of application
|
|
|
|
9.
|
Order of the Irrigation Officer
|
|
|
I, the undersigned, require water for the purpose noted above and agree to pay for it at the rate fixed for the purposes. I understand that water will be issued at such times and in such quantities as the Irrigation Officer may order and that any sums due from me which are not paid by the date fixed will be recoverable as arrears of land revenue. I also know that no suit for compensation lies either against the State Government or its officers in connection with my application for the supply of water and any order passed thereon.
I agree to abide by the conditions that may be imposed by the Irrigation Officer regarding supply and use of water. Report by Enquiring Officer -
(1) Can the supply be made without affecting the supply of water for the irrigation of the crops according to approved crop pattern.
(2) Can the source be filled in from the outlets specified.
(3) If not, from what outlet should be supply be made.
(Words not required to be scored off)
| | |
| --- | --- |
|
Date.............
|
Date.............
|
|
|
Signature of the Enquiring Officer Order of the
Irrigation Officer
|
|
Signature/thumb impression of applicant and address
|
Signature/thumb impression of applicant
|
Form 'K'
[Vide Rule 27 (2) of the Orissa Irrigation Rules, 1961]
Agreement for the supply of water for purposes other than irrigation
This Agreement is made on the....................day of two thousand and Between Shri.......................son of............resident of village.................P. S............district............by profession..............(hereinafter called 'the applicant') of the first part ; And (i) Shri..................son of.............resident of village................P.S.........district.................by profession.............(ii) Shri son of.........resident of village.............P.S................district........by profession.............(Sureties).......................(hereinafter referred to as Sureties) of the second part; and the Governor of Orissa which expression unless repugnant to the context shall include his successors and assigns (hereinafter called 'the Governor') of the third part;
Whereas the applicant has made an application for supply of water from irrigation work for the purpose of ;
And Whereas the sureties have agreed to give security for payment of rates leviable for such supply in the manner hereinafter appearing and the Irrigation Officer on behalf of the Governor has agreed to supply the water in the manner specified in the Schedule below :
Schedule 7
------------
| | | | |
| --- | --- | --- | --- |
|
Purpose for which water will be supplied
|
Volume of water, if any
|
Period of supply
|
The place of which it will be supplied
|
|
|
|
|
|
Now This Agreement witnesseth as follows :
(1) In Pursuance of the said agreement and in consideration of supply of water to be made to the applicant, the applicant and the sureties hereby jointly and severally covenant with the Governor as follows
(a) The applicant shall pay Rs at the rate of Rs per on or before to ;
(b) The applicant shall make suitable arrangement to take the water from the point at which it will be supplied
[(b-1) The applicant shall make his own arrangement to instal the water metre. Assessment of water-rate will be made normally according to metre reading. In the event of the metre going out of order, the applicant shall notify the fact to the Irrigation Officer and take steps for repair or replacement of the metre, failing which the water supply will be discontinued. Assessment of water-rate during the period of non-functioning of the metre shall be on the basis of average consumption of water made during three immediate preceding quarters when the metre was functioning normally or, where the metre has functioned for less than three quarters, on the basis of average consumption during the preceding quarter or quarters, as the case may be;]
[Inserted vide Notification No.50554/28.7.1984.]
(c) The applicant shall not use the water supplied to him for any purpose other than that which is covered by this agreement;
(2) If the sum aforesaid or any part thereof, is not paid on or before the date specified in this agreement, it shall become payable at once (unless the Irrigation Officer sanctions, for special reasons, an extension of time) and the applicant and the sureties shall be liable jointly and severally to pay the same with interest at the rate of six per cent per annum from the date of default;
(3) It is hereby expressly agreed and declared by and between the parties hereto that all amount due to the Government under the terms of these presents shall, if not paid in time, be recoverable as arrears of land revenue and shall bear interest at the rate of 6 per cent per annum from the date of such payments fell due up to the date of payment;
(4) Notwithstanding anything contained in these presents the applicant and the sureties shall be jointly and severally liable for the payment of Government dues on account of supply of water under this agreement and of penalty for breach of any of the conditions of this agreement of the provisions of the Orissa Irrigation Act, 1959 or the rules made thereunder.
In witness whereof the parties hereto have put their hands and seals, the day and year first above-written.
| | |
| --- | --- |
|
In the presence of witnesses :
|
Signature of applicant
|
|
1.2.
|
|
|
In the presence of witnesses :
|
Signature of sureties
|
|
1.2.
|
1.2.
|
|
In the presence of witnesses :
|
Signature of Irrigation Officer acting in the premises for and
on behalf of the Governor of Orissa
|
|
1.2.
|
|
Form 'L'
[Vide Rule 32 (2) of the Orissa Irrigation Rules, 1961]
Agreement for the supply of water for the purpose of selling and subletting
This agreement is made on the................day of two thousand and............Between Shri..........son of........resident of village..........P.S.........................district...................... by profession (hereinafter called 'the applicant') of the first part, and the Governor of Orissa which expression unless repugnant to the context shall include his successors and assigns (hereinafter called 'the Governor') of the second part;
Whereas the applicant has made an application for supply of water from...........irrigation work for the purpose of selling and sub-letting to.;
And whereas the Irrigation Officer on behalf of the Governor has agreed to supply the water in the manner specified in the Schedule below:
Schedule 8
------------
| | | | |
| --- | --- | --- | --- |
|
Purpose for which water will be supplied
|
Volume of water, if any
|
Period of supply
|
The place of which it will be supplied
|
|
|
|
|
|
Now This Agreement witnesseth as follows :
(1) In pursuance of the said agreement and in consideration of supply of water to be made to the applicant, the applicant convenants with the Governor as follows :
(a) The applicant shall pay Rs.............at the rate of Rs.........per..........on or before..........to.........
(b) The applicant shall make suitable arrangement to take the water from the point at which it will be supplied.
(c) The applicant shall not use the water supplied to him for any purpose other than that which is covered by this agreement.
(2) If the sum aforesaid or any part thereof, is not paid on or before the date specified in this agreement it shall become payable at once (unless the Irrigation Officer sanctions, for special reasons an extension of time) and the applicant shall be liable to pay the same with interest at the rate of six per cent per annum from the date of default.
(3) It is hereby expressly agreed and declared by and between the parties hereto that all amounts due to Government under the terms of these presents shall, if not paid in time, be recoverable as arrears of land revenue and shall bear interest at the rate of 6 per cent per annum from the date such payments fall due up to the date of payment.
(4) Notwithstanding anything contained in these presents the applicant shall be liable (or the payment of Government dues on account of supply of water under the agreement and of penalty for breach of any of the conditions of this agreement or of the provisions of the Orissa Irrigation Act, 1959 or the rules made thereunder.
In witness whereof the parties hereto have put their hands and seals the day and year first above-written.
| | |
| --- | --- |
|
In the presence of witnesses :
|
Signature of applicant
|
|
1.2.
|
|
|
In the presence of witnesses :
|
Signature of Irrigation Officer acting in the premises for and
on behalf of the Governor of Orissa
|
|
1.2.
|
|
Form 'M'
[See Rule 45(2) ]
Preliminary assessment roll of the compulsory basic water-rate under Section 28 of the Orissa Irrigation Act, 1959
Name of Irrigation Work.....................Class of Irrigation Work.............Village..........Police-station............District................
Lands with names of persons liable to pay compulsory basic water-rate annually, commencing from the year 20.
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Khata or Holding No.
|
Plot No.
|
Area
|
Compulsory basic water-rate leviable per acre
|
Area in acres subject of full rate
|
Amount of basic water-rate leviable
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
A. D.
|
Rs. P.
|
A. D.
|
Year Rs.P.
|
|
|
|
|
1st year
2nd year
3rd year/and thereafter\*
4th year/and thereafter\*
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Area subjected to concessional rate under Rule
41/42/43/44
|
Amount leviable
|
Name of owner or owners and amount payable by
him/them
|
Name of occupier and the amount payable by him
|
Remarks
|
|
8
|
9
|
10
|
11
|
12
|
|
A. D.
|
|
|
|
|
|
Concessional rate per acre
|
Year
|
Rs.P.
|
Name
|
Area
|
Year
|
Rs.P.
|
Name
|
Area
|
Year
|
Rs.P.
|
|
\*Strike out what is unnecessary.
Form 'N'
[See Rule 45 (3) ]
Notice of preliminary assessment under Section 28 of the Orissa Irrigation Act, 1959
No...................... Date............
To
Shri............
Father's name...............
Address.....................................
Take notice that the land/lands specified in the Schedule below of which you are the owner/occupier are liable for the payment of compulsory basic water-rate/under the above-mentioned Act annually commencing from the year 20 at the rates noted against each. You may file before the undersigned your written objections, if any, to this preliminary assessment within thirty days from the date of service of the notice.
Schedule 9
------------
| | |
| --- | --- |
|
Name of Irrigation work.............
|
Class of Irrigation work........................
|
|
Village....................
|
Police Station.............District................
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Serial No. of the assessment list of the village
|
Plot No. and Khatian No.
|
Area in acres and decimal
|
Rate of compulsory basic water-rate leviable per
acre
|
Areas in acres subjected to compulsory basic
water-rate at full rate
|
Areas in acres subjected to compulsory basic
water-rate at concessional rate
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
Rs. P.
|
Rule Rate A.D.
|
|
|
|
|
1st year
|
|
|
|
|
|
|
2nd year
|
|
|
|
|
|
|
3rd year and thereafter\*
|
|
|
|
|
|
|
4th year and thereafter\*
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Year of levy
|
Amount of compulsory basic water-rate leviable
in respect of the area referred to in Column 5
|
Amount of compulsory basic water-rate leviable
in respect of the area referred to in Column 6
|
Total amount of compulsory basic water-rate
leviable (8 and 9)
|
Remarks
|
|
7
|
8
|
9
|
10
|
11
|
|
|
Rs. P.
|
Rs. P.
|
Rs. P.
|
|
|
|
|
|
|
|
\*Strike out what is unnecessary.
Signature of Irrigation Officer
Form 'O'
[See Rule 45 (6) ]
Notice of demand under Sub-rule (6) of Rule 45 of the Orissa Irrigation Rules, 1961
Office of.......................................
No............................................... Date..........
To
Shri..........
Father's name..............
Address........................
Take notice that in respect of the land/lands of which you are the owner/occupier and particulars of which are given below, compulsory basic water-rate as specified below has been finally assessed as being payable by you and that you are hereby required to pay the amount due by the 1st February every year to the [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99, R, dated 29.9.1999.]
/Naib-Tahsildar of.................
Name of Irrigation work.............
Class of Irrigation work............
Village................... Police-Station.............. District..........
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| --- | --- | --- | --- | --- | --- |
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Serial No. of the assessment list of the village
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Plot No. and khatan No.
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Area in acres
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Rate of compulsory basic water-rate fixed under
Sec.28
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Total amount of compulsory water-rate finally
assessed under Sec. 28
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Remarks
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1
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2
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3
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4
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5
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6
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A. D.
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Rs. P.
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Rs. P.
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1st year
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2nd year
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3rd year and thereafter\*
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4th year and thereafter\*
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Signature....
Designation of the Officer
issuing the notice of demand
\*. Strike out what is unnecessary.
Form 'P'
[Vide Rule 54 of the Orissa Irrigation Rules, 1961]
Notice
To
Shri...............
Son of.................
Village................
P. S..............
District...............
Whereas complaint has been made before me that you..............................(here state the facts of the offence) and thereby committed an offence punishable under Section /under Rule of the Orissa Irrigation Act, 1959/Orissa Irrigation Rules, 1961; and whereas upon an enquiry made by me I have reasonable belief that you have committed an offence punishable under Section................/under Rule of the Orissa Irrigation Act, 1959/Orissa Irrigation Rules, 1961;
Now, therefore, in pursuance of Rule 54 of the Orissa Irrigation Rules, 1961, this notice is hereby given requiring you to attend my office at...............a.m. on.........................................at.................................(place) .
Date................
Irrigation Officer
Form 'Q'
[Vide Rule 56 (2) of the Orissa Irrigation Rules, 1961]
List of irrigation works
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| --- | --- |
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District............
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Sub-division/Taluk
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| --- | --- | --- | --- | --- |
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Number and name of village
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Name of work
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Culturable commanded area
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Permanent ledger
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Remarks
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Volume
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Page
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1
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2
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3
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4
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5
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6
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A. D.
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Instructions - The list will form an index to the permanent ledger (Form 'R'). The villages should be arranged alphabetically under each Subdivision/taluk.
Form 'R'
[Vide Rule 56 (3) of the Orissa Irrigation Rules, 1961]
Permanent ledger of irrigation works
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| --- | --- | --- |
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Sub-division/Taluk
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Village
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}
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Survey Number..............Name................Class,
capacity nature of work............
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Name of work..............
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Total culturable commanded area and assessment
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AcresRs. P.
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AcresRs. P.
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AcresRs. P.
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| --- | --- | --- | --- | --- | --- |
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Year of sanction of estimate
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Mo. and date of sanction of estimate and its
nature; i.e., original works or repairs and maintenance
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Brief description of nature of repair
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Amount of estimate and year in which funds were
actually allotted
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Amount actually spent in
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Remarks
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Year
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Year
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Year
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1
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2
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3
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4
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5
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6
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7
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8
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By order of the Governor
Secretary to Government
Form 'S'
[See Sub-rules (2) (a) and (3) of Rule 23-A]
Application for drawing/lifting of water from Government water source to be used for industrial/commercial purposes
| | | | |
| --- | --- | --- | --- |
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1.
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Name of village.......
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1.
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Name of village.......
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2.
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Name of source required for use of water..........
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2.
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Name of source required for use of water...........
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3.
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Particular place with Plot No. from which water is required to
be drawn....
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3.
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Particular place with Plot No. from which water is required to
be drawn....
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4.
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If any adjoining land in which it is required to install pump
and lay pipe lines, etc. (Khata No., Plot No., Kissam and extent
of land with a trace map)....
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4.
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If any adjoining land in which it is required to install pump
and lay pipe lines, etc. (Khata No., Plot No., Kissam and extent
of land with a trace map)....
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5.
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Purpose for which water is required....
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5.
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Purpose for which water is required......
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6.
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Approximate volume of water required....
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6.
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Approximate volume of water required....
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7.
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Date from and period for which water is required....
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7.
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Date from and period for which water is required....
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8.
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Name of the applicant.........
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.........................
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Undertaking
I, the undersigned require water for the purpose noted above and agree to pay the required licence fee for it at the rate specified for the purpose. I understand that water will be issued at such times and in such quantities as the [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99, R, dated 29.9.1999.]
may by order direct and that any sum due from me shall be recoverable as arrears of land revenue. I also know that no suit for compensation lies either against the State Government nor its officers in connection with my application for supply of water and any order passed thereon.
The water so taken for use will not be in any way detrimental to the interest of general public and their riparian rights and to the environment.
I agree to abide by the conditions that may be imposed by the [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99, R, dated 29.9.1999.]
regarding drawal and use of water from Government source.
Signature/Thumb Impressionof the applicant
Form S-1
[See Rule 23-A (2) (d)]
### 1. Name of village.......... ###
2. Name of source required for use of water............
### 3. Particular place with Plot No. from which water is required to be drawn............. ###
4. If any adjoining land in which it is required to install pump and lay pipe lines etc. (Khata No., Plot No., Kissam and extent of land with trace map).............
### 5. Purpose for which water is required............. ###
6. Approximate volume of water required.............
### 7. Date from and period for which water is required............. ###
8. Date of submission of application...........
Report of the Enquiring Officer
### 1. Whether the supply of water will not be in any way detrimental to the interest of the villagers riparian rights and environment............ ###
2. Whether the source capable of supply of volume of water required by the applicant.............
### 3. If the source is not capable of supply of required volume of water, whether the same can be met from some other points of the same Government source................. Signature of the Enquiring Officer
Form 'T'
[See Rule 23-A (2) (f)]
Agreement
This Agreement is made on the.............day...............of.................Nineteen hundred ninety-four Between Shri...........I son of resident of village........P.S..........district..........by profession. (hereinafter called the "Applicant") of the first part And (1) Shri..................son of...............resident of village..................P................S...............district by profession...............and (2) Shri........son of...........resident of village.......P.S.......district...............by profession.................(hereinafter referred to as the "Sureties") of the second part And the Governor of Orissa which expression unless repugnant to the context, shall include his successors and assigns (hereinafter called "the Government") of the third part.
Whereas the applicant has made an application for supply of water from..............source...........for the period as mentioned in the Schedule;
And Whereas the sureties have agreed to stand surety for payment of rates charged for such supply in the manner hereinafter appearing and the Government has agreed to supply the water for the purpose specified in the Schedule.
Schedule 10
-------------
| | | | |
| --- | --- | --- | --- |
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Purpose for which water will be supplied
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Volume of water, if any
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Period of supply
|
The place of which it will be supplied
|
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|
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|
|
Now this Agreement Witnesseth as follows :
### 1. In pursuance of the said agreement and in consideration of supply of water to be made to the applicant, the applicant and the sureties hereby jointly and severally covenant with the Government as follows : (a) The applicant shall pay Rs..........at the rate of Rs.........per.........on or before........to........;
(b) The applicant shall make suitable arrangement to take the water from the Government water source at which it will be supplied;
(c) The applicant shall not use the water supplied to him for any purpose other than that which is specified in the Schedule.
### 2. If the sum aforesaid or any part thereof, is not paid on or before the date specified in this agreement it shall become payable at once (unless the Government sanctions for special reason an extension of time) and the applicant and the sureties shall be liable jointly and severally to pay the same with interest at the rate of 2 per cent per mensem from the date of default. ###
3. It is hereby Expressly agreed and Declared by and between The Parties hereto that all amount due to the Government under the terms of these presents shall if not paid in time, be recoverable as a public demand under the Orissa Public Demands Recovery Act, 1962 and shall bear interest at the rate of 2 per cent per mensem from the date such payments fall due up to the date of payment.
### 4. (i) The applicant shall be liable for criminal and civil action if by drawal of water rights of any third party are affected and shall indemnify the Government against all claims for damage preferred by person or persons affected by the permission granted. (ii)
The applicant shall not without prior permission in writing from the Government lay pipe line on Government or communal lands. If the pipe lines have to pass through Government lands permission of the Government for this shall be taken separately which may be granted subject to the protection of rights of Government or community, as the case may be.
(iii) The applicant shall not draw or lift water more than the quantity mentioned in the requisition or order and not exceeding the volume mentioned in the Schedule except with the prior approval of the Government.
(iv) The permission granted shall not be deemed to exempt the applicant from liability to payment of water charges lawfully assessable.
(v) Government reserves the right to suspend or cancel the permission in case of violation of any of the conditions.
### 5. The licence fee shall be charged on the applicant at the rate of Rs. 200 per 1,00,000 (one lakh) gallons water so drawn, or lifted by him or at such rates as may be prescribed by the Government from time to time which shall be binding on the applicant. In case of excess use of water by the applicant a penalty shall be levied having regard to the volume of water used and the benefit produced by such use at a rate not exceeding six times the rate so specified. ###
6. The applicant at his own cost install a meter/gauge for measurement of water drawn or lifted by him from the natural source and an intimation to this effect shall be forwarded to the [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99, R. dated 29.9.1999.]
concerned for assessment of water-rate on such drawal and lifting. The [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99, R. dated 29.9.1999.]
shall visit the location of drawal or lifting of water, verify the quantities of water drawn or lifted by the applicant and ensure such control as may be necessary for administering the drawal or lifting of water.
### 7. The applicant shall construct full proof effluent discharge plant before commissioning of the project. For proper test of such effluent there shall be computerised testing system and the applicant shall give details of effluent discharged in the natural source (in river and nala). ###
8. The applicant and the sureties shall be jointly and severally liable for the payment of Government dues on account of drawal and lifting of water under this agreement and for penalty for breach of any of the provisions of the Orissa Irrigation Act, 1959 and the Rules made thereunder.
In witness whereof the parties hereto have put their hands and seals the day and year first above-written.
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| --- | --- |
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In the presence of witnesses :
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Signature of applicant
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1.2.
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1.2.
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In the presence of witnesses :
|
Signature of sureties
|
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1.2.
|
1.2.
|
|
In the presence of witnesses :
1.2.
|
Signature of[Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99, R. dated 29.9.1999.]
acting in the premises for and
on behalf of the Governor of Orissa
|
Form 'U'
[See Rule 23-A (2) (i)]
Proposed rate of licence fee for industrial/commercial use of water from Government water sources
| | | | |
| --- | --- | --- | --- |
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Item No.
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Purpose of which supply is given
|
Rate Rs.
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Per
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1.
|
Bricks or tile making
|
5.00
|
1,000 bricks or tiles
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|
2.
|
(i) For water actually used and consumed for industrial/
Commercial purposes
|
200.00
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1,00,000 gallons(1 gallon-4.5 litres)
|
|
|
(ii) For water temporarily used for industrial/commercial
purposes and discharged back unpolluted or after purification
into Government source from which the same was drawn or any
other Government source from which water is supplied
|
50.00
|
1,00,000 gallons
|
|
3.
|
For bulk supply to Municipalities and Notified Area Councils
and other local authorities for drinking, washing, etc.
|
25.00.
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10,000 cft.
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|
4.
|
Construction of building
|
3.00
|
100 cft.
|
Form 'V'
[See Rule 23-A (2) (i)]
Notice of demand
Office of the [Executive Engineer]
[Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99, R, dated 29.9.1999.]
.........
No..............
Date............
To
M/s.........................
(Name of the industrial/commercial establishment)
Notice is hereby given that you have been drawing/lifting water from the Government water source as shown in the Schedule below for use in your industrial/commercial................. (specify) establishment during the month of............... you have consumed gallons/litres of water in your industrial/commercial establishment. For such consumption of water you have been assessed with an amount as shown in the Schedule below towards the licence fees in pursuance of the agreement.
You are hereby directed to deposit the fees so assessed in the office of the Revenue Inspectors noted below by....................failing which action as deemed proper under the provisions of the Act and rules shall be taken against you.
Name of the office of the Revenue Inspector
Schedule 11
-------------
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Name of the Government water source and village
|
Khata/ Plot No.
|
Quantum of water drawn during the month
|
Rate of licence fee
|
Total amount assessed
|
Remarks
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
|
|
|
|
|
|
[Form 'W']
[Inserted vide O.G.E.No. 1423 Notification No. 51010-111W-Legislative 39/99, R, dated 29.9.1999.]
[See Rule 21(1) ]
An Agreement
This Agreement made on the.................Between the Governor of Orissa (hereinafter called the 'Government') of the one part and the.................................Water Users' Association (Registration No................) which is registered under the Societies Registration Act, 1860 and having its head office at................ Post Office ..............Tahsil.............P.S.............(hereinafter called the "Water Users' Association") of the other part;
Whereas for the purpose of smooth participation in irrigation work including maintenance thereof, the Government is handing over the responsibility of Irrigation Management for equi-distribution of water in an area of ...........................Ha. of land under the command of the distribution system within the Water Users' Association and the maintenance of minor/sub-minor including structures of (i) .....Km. length of.......................Canal (ii)......................Km. of.............Canal and (iii)............Km. of..............Canal of...............Irrigation Project belonging to the Department of Water Resources to the Water Users' Association on certain terms and conditions as hereinafter appearing; (A copy of the map showing the said command area with the land schedule and land plan of acquired land by Department of Water Resources, hydraulic particulars of each canal system, structure details in each canal and with such other related property list as may be in the account of the concerned canals are annexed herewith).
Now Therefore, the parties hereto/hereby agree as follows :
### 1. Government (Project Officials) Rights And Responsibilities of the Government: (a) The Government will operate the head works, the main system and the head regulator of the minor/sub-minor.
(b) It may suggest improvements, if any, for operation and maintenance below the minor or sub-minor which is turned over to the Water Users' Association.
(c) It will ensure supply of the allocated quota of water to the Water Users' Association at minor/sub-minor head as agreed upon or as may be decided by the Government.
(d) If in any year water available in the reservoir/barrage, pond of the project is lesser than the flow expected in a normal year due to reasons like vagaries of monsoon, repair, restoration, etc. of the project then quantum of water allocated to the Water Users' Association will be proportionately reduced and due intimation in advance in this regard will be given to the Water Users' Association before the beginning of the season.
(e) It will inspect the position of water supplies, irrigation works in the command, distributors/minor or sub-minor and field level structures under the jurisdiction of the Water Users' Association to verify whether or not the agreement is implemented satisfactorily.
(f) Government also reserves the right to sanction or reject extra demand for water, if any from the Water Users' Association depending upon the availability of water in reservoir barrage/anicut/pond. If for any reason additional water demand of Water Users' Association is not sanctioned by Government, the Government would not be responsible for any loss caused to the Water Users' Association on account of non-supply of additional demand.
(g) The allocation of water supplied to the Water Users' Association is to be utilised for irrigation purpose only, and the same shall not be utilised for any other purpose. If water is required for any other purpose, the Water Users' Association may submit separate application to the Executive Engineer concerned for the same and obtain sanction for this demand.
(h) The rate of water supply on volumetric basis or on any other basis as would be decided by the Government for irrigation (Khariff, Rabi and Hot weather) and for other purposes and the fees/cess, etc. chargeable for the purpose will be fixed by the Government, from time to time, and the Water Users' Association will abide by that, Government have also got the right to review the water rates, cess, etc. at such intervals as it deems proper.
(i) A monthly statement or water account will be made available to the Water Users' Association for purpose of transparency on water availability.
(j) The rights of ownership of the distribution system including all structures so handed over for operation and maintenance, land acquired by Government and all other work executed in Water Users' Association area will remain with the Government.
### 2. Rights and Responsibilities of Water Users' Association (a) The Water Users' Association will assume full responsibility for operation and maintenance of the minor/sub-minor and all structures turned over to it. It will also ensure construction/maintenance and repair of all the water resources, field channels, field drainage in the said area as covered under the agreement jurisdiction of the Water Users' Association. For this purpose, the Water Users' Association will establish its own operation and maintenance fund (O. & M. Fund) to meet the operation and maintenance expenditure. The following items of work are included in repair and maintenance work, namely:
(i) Removal of slit from minor/sub-minor/water courses/field channel and field drains and proper upkeep of the same.
(ii) Repair and maintenance of inspection path and service road to keep them in good condition.
(iii) Removal of grass, shrubs and bushes from the canal embankments, and canal beds.
(iv) Repairs and maintenance of all structures in the distribution system so handed over for operation and maintenance to keep them in good working condition.
(v) Earth work to restore backs to proper shape and profile.
(vi) Repairs to lining, painting plastering, replacing damaged portion, repairs to masonary and other structures, etc.
(b) The Water Users' Association shall ensure construction, maintenance and repair of all the water courses, field channels, field drains and other drains structure within the jurisdiction of the Water Users' Association.
(c) The Water Users' Association will protect the entire system covered under the said area within its jurisdiction from any damage whatsoever.
(d) The Water Users' Association will undertake/suggest measures for improved water management at the level of minor/sub-minors.
(e) The Water Users' Association will receive water from the Government and shall distribute it amongst the water users, whether members of non-members according to the requirement of their area under crop. It will observe economy and equitability in this regard. Wherever possible water shall be supplied to Water Users' Association on volumetric basis. It will organise better improved water management methods at the farm level. It will decide for internal distribution of water.
(f) The Water Users' Association will have the right to decide its own cropping pattern within the allocated water.
(g) The Water Users' Association may ask for and obtain from the Department of Water Resources information on planned operation and maintenance activities in the entire system.
(h) It may also request and obtain assistance from the concerned Assistant Engineers of Department of Water Resources and the plan for operation and maintenance in the concerned distributaries/minors/sub-minors for properassel management.
(i) The Water Users' Association may obtain permission from Government in Water Resources Department through the concerned Executive Engineer to utilise in any unutilised land acquired by the Government in Department of Water Resources. However, due care will be taken to protect environment and any damage or disadvantage to the irrigation system.
(j) The Water Users' Association shall notify to the project authorities promptly if there is any damage due to unforseen natural calamities like earthquake, heavy rains, etc.
(k) The Water Users' Association shall facilitate collection of water rates from the members/non-members of the association as per the rate prescribed by the Government in accordance with provision of the Orissa Irrigation Act, 1959 and Rules made thereunder. The rates charged shall vary from time as determined by the Government.
### 3. It is Hereby Further Agreed between the parties hereto as follows : (i) In case of negligence by the Water Users' Association in maintenance of the system turned over to it by the Government, the Government will have the right to stop the supply of water by giving 15 days prior notice.
(ii) In case of repeated negligence and when Water Users' Association fails to take corrective action within a period as specified by the concerned Executive Engineer to bring in improvement in the system, Government shall terminate this agreement and take back the management and maintenance responsibilities from the Water Users' Association.
(iii) In the event of violation of any of the provisions contained in the agreement with regard to water management system Government may also take similar action as provided in Sub-clause (iii) above.
(iv) The concerned irrigation officer (Executive Engineers/Assistant Engineers or their authorised representative) shall have the right to inspect the position of water-supply to the Water Users' Association and to inspect the said area covered under this agreement/jurisdiction and to verify whether the agreement entered into by the parties is being implemented properly or not. The Water Users' Association will be duty bound to comply with the observations, if any, made by the Government Officers in course of inspection.
(v) With a view to achieve optimum utilisation of available water -
(a) Government may make provisions for grants to Water Users' Association towards operation and maintenance on terms and conditions as stipulated by it from time to time and grant benefits of special schemes to Water Users' Association, if any, floated by Government.
(b) Besides, Water Users' Association will spend out of their own funds towards operation and maintenance which will include the collection from the non-members towards the cost of operation and maintenance on pro rata basis of the acerage of land benefited.
(vi) All disputes in respect of various provisions made under this agreement will be resolved by a Committee comprising one nominee from the Apex Committee and the Superintending Engineer concerned. In case of difficulty in resolving it, matter will be referred to concerned Chief Engineer and then to the Government in appropriate Department for settlement.
### 4. This agreement will remain in force for a period of two years with effect from the date of signing the agreement and will continue for such further period as may be decided by both the parties in writing before expiry of the period of agreement. In Witness Whereof the parties hereto have hereunder signed this agreement on the date and year first before written.
Signed by Shri................in the Department/Office of...............
for and on behalf of the Governor of Orissa, in the presence of -
### 1st. witness-
Address :
Occupation :
### 2nd. witness
Address :
Occupation :
Signed by Shri..................Water Users' Association for and on behalf of the Water Users' Association, in the presence of 1st witness-
Address :
Occupation :
### 2nd. witness Address :
Occupation :]
|
65b954fdab84c7eca86e8e20 | acts |
State of Himachal Pradesh - Act
---------------------------------
Himachal Pradesh Societies Registration Act, 2006
---------------------------------------------------
HIMACHAL PRADESH
India
Himachal Pradesh Societies Registration Act, 2006
===================================================
Act 25 of 2006
----------------
* Published on 20 October 2006
* Commenced on 20 October 2006
Himachal Pradesh Societies Registration Act, 2006
(Act
No. 25 of 2006
)
Last Updated 13th March, 2020
[Dated 20.10.2006.]
An Act To re- enact the law to provide for the registration and working of literary, scientific, educational, religious, charitable or other Societies in the State of Himachal Pradesh and to repeal the Societies Registration Act, 1860 (XXI of 1860) in so far as it is applicable to the State of Himachal Pradesh.
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty- seventh Year of the Republic of India, as follows: -
Chapter - 1 Preliminary
### 1. Short title, commencement and application.
(1) This Act may be called the Himachal Pradesh Societies Registration Act, 2006.
(2) It shall come into force on such [date]
[Act come into force w.e.f. 26th October, 2006 vide Notification No. Co-op-A(2) - 2/99-(S)-II, dated 25th November, 2006 published in R.H.P. Extra., dated 11.12.2006, p. 8060.]
as the State Government may, by notification in the Official Gazette, appoint.
(3) This Act shall apply to Societies formed for all or any of the following purposes, namely: -
(i) promotion of science, education, literature or fine arts;
(ii) diffusion of useful knowledge;
(i) diffusion of political knowledge;
(iv) foundation or maintenance of libraries or reading rooms for general use among the members or open to the public;
(v) establishment and maintenance of galleries of paintings and other works of art;
(vi) establishment and maintenance of public museums;
(vii) collection of natural history, mechanical and philosophical inventions, instruments or designs;
(viii) promotion of social welfare;
(ix) promotion of religious or charitable purpose including establishment of funds for welfare of military orphans, welfare of political sufferers and welfare of the like;
(x) promotion and implementation of different schemes sponsored by the State Government or the Central Government;
(xi) promotion of Commerce, Industries and Khadi; and
(xii) promotion of Rural Development;
(xiii) [ promotion of Sports, including in-door and adventure games but excluding games of chance and betting; and
[Inserted vide Act No. 5 of 2012.]
(xiv) any other charitable or welfare object as the State Government may, by notification published in the Official Gazette, notify.]
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(a) "Collector" shall mean the Chief-Officer-in-Charge of the revenue administration of a district and shall include a Deputy Commissioner;
(b) "family" means husband, wife and their unmarried sons and daughters;
(c) "financial year" shall mean year commencing on the first day of April;
(d) "general body" means all the member of the Society;
(e) "general meeting" means meeting of the General body of a Society and includes special general meeting;
(f) "Governing body" means the Governing body elected under section 15 of this Act and entrusted for the time being with the management of a Society under its regulation;
(g) "Government" or "State Government" means the Government of Himachal Pradesh;
(h) "member of the Society" means a person who has been admitted in the Society according to the regulations thereof, continues for the time being to be a member of the Society and,
(i) having paid subscription,
(ii) having signed the roll or list of members,
(iii) having not resigned, in accordance with the regulations of the Society;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "Registrar" means the Registrar of Co-operative Societies appointed under sub-section (1) of section 3 and includes Additional, Joint, Deputy and Assistant Registrars of Societies, appointed under sub-section(2) of the said section when exercising or performing all or any of the powers or duties of the Registrar;
(k) "regulations" or "bye-laws" means registered regulations or bye-laws of a Society for the time being in force;
(l) "Society" means a Society registered under section 6 of this Act; and
(m) "State Aided Society" means a Society which receives or has received aid, grant or loan or has received land, building or both on concessional rates and other facilities from the Central Government or the State Government or any Statutory body or any other agency located in India or abroad.
Chapter - II Registrar and Other Officers of Societies
### 3. Registrar and other officers of Societies.
(1) The State Government may , by notification, appoint a person to be called the Registrar of Societies who shall exercise such powers and shall perform such duties and functions as are conferred by or under the provisions of this Act and shall, subject to such general or special orders as the State Government may make, superintend the administration and carry out the provisions of this Act.
(2) The State Government may, by like notification, appoint persons to be called Additional, Joint, Deputy and Assistant Registrars of Societies for such areas as may be specified in the notification and empower them to exercise powers and to perform duties under all or any of the provisions of this Act as may be specified in the notification.
Chapter - III Registration
### 4. Societies formed by memorandum of association and registration.
- Any seven or more persons, being member of different families and competent to contract under section 11 of the Indian Contract Act, 1872 (9 of 1872), associated for any literary, scientific or charitable purpose as described in sub-section (3) of section 1 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with the Registrar, form themselves into a Society under this Act.
### 5. Requirements of memorandum of association.
(1) The memorandum of association of every Society shall state -
(i) the name of the Society;
(ii) the objects of the Society;
(iii) the location of the head office of the Society;
(iv) the names, age, address and occupation of the Governors, Council, Directors or Governing body to whom by the regulation of the Society the management of its affairs is entrusted.
(2) No name shall be proposed in the memorandum of association(a) as is identical with or too nearly resembles the name by which a Society in existence has been previously registered anywhere in the State; or
(b) which has as its component -
(i) such words as may suggest or may be calculated to suggest the patronage of the Government of India or the Government of a State; or
(ii) such words of National, International or universal importance or such other words as the State Government may, from time to time, by notification, specify; or
(iii) such words as is, in the opinion of Registrar, likely to mislead the public.
(3) A copy of the regulations of the Society, certified to be a correct copy by not less than three of the members of the Governing body, shall be filed with the memorandum of association.
(4) The persons by whom or on whose behalf such memorandum is admitted shall furnish such further information in regard to the Society as the Registrar may require.
### 6. Registration.
- If the Registrar is satisfied that a Society has complied with the provisions of this Act and the rules made thereunder and that its proposed regulations are not contrary to the said provisions, he shall register the Society and its regulations on payment of such fee as may be prescribed and shall issue a certificate of registration.
### 7. Evidence of registration.
- A certificate of registration signed by the Registrar shall be conclusive evidence that the Society mentioned therein is duly registered unless it is proved that the registration of the Society has been cancelled.
### 8. Regulations of Society.
- The regulations of a Society may provide for, -
(i) the conditions of admission of members;
(ii) the liability of members to fines and forfeitures under certain circumstances;
(iii) the consequences of non-payment of any subscription or fine, the resignation and expulsion of members;
(iv) the appointment and removal of staff and officers and their powers;
(v) the manner of electing and removing the Governing body and the powers of such body;
(vi) the time and place of annual General meeting and other meetings of the Society;
(vii) the manner in which notice of such meetings may be given;
(viii) the quorum necessary for the transaction of business at meetings of the Society;
(ix) the manner of making ,altering and rescinding regulations;
(x) the investment of funds, keeping of accounts and for an annual or periodical audit of accounts;
(xi) the manner of dissolving the Society;
(xii) [ the condition that the Society shall not distribute surplus, if any, among me]
[Substituted vide Act No. 5 of 2012.]
(xiii) the determination after dissolution that property be utilized by Government according to section 48;
(xiv) matters to be provided by bye-laws and the manner in which they shall be made; and
(xv) such other matters as may be considered expedient having regard to the nature and objects of the Society.
### 9. Amendments of memorandum or regulations or bye-laws of registered Society.
(1) No amendment of the memorandum of association or regulations of a registered Society shall be valid until the amendment has been registered under this Act.
(2) Every proposal for such amendment shall be forwarded to the Registrar in such form together with such fee as may be prescribed and if the Registrar is satisfied that the amendment is not contrary to this Act or the rules made thereunder, he may, if thinks fit, register the amendment.
(3) No proposal for amendment in the memorandum of association or regulations of a registered Society shall be entertained if such proposal has not been approved by a majority of three-fifth members present in the general meeting called for such purpose.
(4) Where an amendment is registered under sub-section (2), the Registrar shall issue to the Society, on payment of such fee as may be prescribed, a copy of the amendment certified by him which shall be conclusive evidence that the same is duly registered.
(5) Every society registered under the Societies Registration Act, 1860 (XXI of 1860) shall bring their bye-laws in conformity with the provisions of this Act and the rules made thereunder [xxxxxxxxxxxxxxxx]
[The words 'within a period of ninety days from the date of commencement of this Act'omitted vide Act No. 5 of 2012.]
:
[xxxxxxxxxxxxxxxx]
[Proviso omitted vide Act No. 5 of 2012.]
:
### 10. Change of name of Society.
- Subject to the provisions of section 12, any registered Society may, with the consent of not less than two-thirds of the total number of its members, by a resolution at a general meeting convened for the purpose, change its name.
### 11. Notice of change of name.
(1) A copy of the resolution passed under section 10 shall be sent to the Registrar.
(2) If the Registrar is satisfied that the provisions of this Act in respect of change of name have been complied with and that the proposed name is in conformity with the provisions of sub-sections (2) and (3) of section 5, he shall enter the new name in the register in place of the former one and issue a certificate of registration with necessary alterations embodied therein, and the change of name shall be complete and effective only on issue of such a certificate.
(3) The Registrar shall also make the necessary alteration in the memorandum of association of the Society.
(4) The Registrar shall charge fee, as may be prescribed, for any copy of certificate issued under sub-section (2) and all fees so paid shall be deposited into Government treasury.
### 12. Effect of change of name.
- The change in the name of the Society shall not affect any rights or obligations of either the members who were admitted prior to the change of the name of Society or render defective any legal proceeding by or against the Society.
### 13. Societies enabled to alter, extend or abridge their purposes.
- Whenever it shall appear to the Governing body of any registered Society which has been established for any particular purpose or purposes that it is advisable to alter, extend or abridge such purpose to or for other purposes within the meaning of this Act, such Governing body may submit the proposition to the members of the Society in a written or printed report and may convene a special general meeting for the consideration thereof according to the regulations of the Society:
Provided that no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the Society, ten days previous to the special general meeting convened by the Governing body for the consideration thereof, and unless such proposition shall have been agreed to by the votes of three-fifth of the members, delivered in person or by proxy, and confirmed by the votes of three-fifth of the members present at a second special general meeting convened by the Governing body at an interval of one month after the former meeting.
### 14. Society to be a body corporate.
- Every Society shall be a body corporate by the name under which it is registered having perpetual succession and a common seal, and shall have powers to acquire, hold and dispose of property, both movable and immovable, enter into contract, institute and defend suits and other legal proceedings and to do all other things necessary for the purpose for which it is constituted, and shall by the said name, sue or be sued.
Chapter-IV Management of The Society, Members Rights and Privileges
### 15. Governing body of the Society.
(1) Every Society shall elect a Governing body, consisting of not less than three members of the Society, by a resolution passed by a majority of the members present and entitled to vote at an annual general body meeting of the Society held under section 19.
(2) The term of the Governing body or of its members so elected shall be as may be specified in the regulations but not exceeding three years:
Provided that a member of the Governing body of a Society shall be eligible for re-election as such, if the bye-laws so permit:
Provided further that a member of the Governing body may be removed by the general body in a meeting specially convened for such purpose by simple majority of votes of the members present after affording such member an opportunity of being heard.
(3) Every Society shall maintain a register showing the names, addresses and occupations of the persons, who are members of the Governing body and the President or Secretary or any person authorized in this behalf by Governing body, shall file with the Registrar-
(i) a copy of the register within a period of fourteen days from the date of election of the members of the first Governing body; and
(ii) a notice of every change in the members of the Governing body within a period of fourteen days from the date of such change.
(4) The management of every Society shall vest in a Governing body elected under sub-section (1), which shall exercise such powers and perform such functions as may be conferred or imposed by this Act, the rules or the bye-laws.
### 16. Disqualifications.
- A person shall be disqualified for being a member of the Governing body of a Society under this Act if, on the date of elections, he,-
(a) is disqualified for such appointment by an order of a Court or the Registrar for causing loss to the Society or retaining property of the Society or for any other reasons detrimental to the interest of the Society; or
(b) is in arrears of prescribed subscription fee and a period of 45 days is over after delivering notice to such members to such effect; or
(c) has been convicted of a cognizable offence and sentenced to a term exceeding 3 months; or
(d) has incurred any of the disqualifications, as may be prescribed.
### 17. Supply of Copies of Bye-laws.
- Every Society shall, deliver a copy of its bye-laws, to each member of the Society at the time of admission.
### 18. Supply of copies of balance-sheet etc.
- Every Society shall supply to every member a copy of the balance-sheet or a statement of accounts together with the auditors report at its annual general body meeting, if not supplied in advance.
### 19. Meetings.
(1) The bye-laws of the Society shall specify the frequency and the manner in which the meetings of the Governing body and general body shall be held, so however that the Governing body shall meet at least once in every three months and general body shall meet at least once in a financial year.
(2) Every Society shall record in the minutes book, the minutes of all proceedings of every general body meeting and also every meeting of its Governing body.
(3) Such minutes shall be communicated to all the members invited for the meeting within thirty days of the said meeting.
### 20. Annual General Meeting.
(1) Every Society registered under this Act shall hold the annual general meeting of its members once in a financial year at which the report of management of the Society for the previous financial years together with an audited copy of the balance sheet, income and expenditure account and the auditors report shall be submitted for approval.
(2) Without prejudice to the generality of the provisions of subsection (1), the general meeting of a Society shall be held at least once in every financial year for the purpose of-
(a) approval of the programme of activities of the Society prepared by the Governing body for the ensuing year;
(b) election, if any, in the prescribed manner of the members of the Governing body other than the nominated members;
(c) consideration of the audit report and the annual report; and
(d) consideration of any other matter, which may be brought before, in accordance with the regulations of the Society.
(3) Such meeting shall be held not more than fifteen months after the date of the last preceding meeting held under sub-section (1).
(4) The first annual general meeting shall be held by a Society within fifteen months of its registration. The subsequent annual general meeting of the Society shall be held with in twelve months after the first annual general meeting:
Provided that the Registrar may, for special reasons to be recorded in writing, extend the time within which an annual general meeting shall be held by a further period not exceeding three months.
(5) Quorum for general meeting shall be one-half of the total members or as provided in the bye-laws, which ever is more.
### 21. Special general meeting.
(1) A special general meeting shall be called at any time by the President, or by a simple majority of the members of a Governing body, within one month -
(a) on a requisition, containing the proposed agenda and reasons for such meeting, in writing of one-fifth of the members of a Society or of members, the number of which is specified in the bye-laws for the purpose, whichever is lower, or
(b) at the instance of the Registrar.
(2) If a special general meeting of a Society is not called in accordance with the requisition referred to in sub-section (1), the Registrar or any person authorized by him in this behalf, shall call such meeting, and that meeting shall be deemed to be a meeting duly called by the Governing body.
(3) The Registrar shall have power to order that the expenditure incurred in calling a meeting under sub-section (2) shall be paid out of the funds of the Society or by such person or persons who, in the opinion of the Registrar, were responsible for the refusal or failure to convene the meeting.
(4) Quorum for special general meeting shall be same as provided for annual general meeting under sub-section (5) of section 20.
### 22. Legal proceedings.
(1) The Governing body or any officer of the registered Society authorized in this behalf by its bye-laws, may bring or defend cause to be brought or defended any action or other legal proceeding touching or concerning any property, right or claim of the registered Society and may sue or be sued in respect of any such property, right or claim.
(2) Any action or legal proceedings shall not abate or be discontinued by the death; resignation or removal from office of any officer or member of the Society.
### 23. Register of members.
(1) The subscribers of the memorandum of association shall be the first members of the Society.
(2) Every Society shall maintain at its head office a register of its members and shall enter therein, the following particulars, namely:-
(a) Name, address and signature with date of each member;
(b) the date on which the members are admitted; and
(c) the date on which the members ceased to be members.
(3) The register of members shall be prima facie evidence of the membership of the Society and of all matters entered therein:
Provided that no member whose subscription for the time being is in arrear for a period exceeding six months shall be entitled to vote in any proceedings of the Society under this Act.
(4) If entries are not made in the register of members within thirty days of admission of a member or cessation of membership, every office bearer in default shall be punishable with fine which may extend to five hundred rupees.
(5) Subject to the approval of general body, a member may be expelled by the Governing body if he acts contrary to the interest of the Society.
### 24. Members liable to be sued as strangers.
(1) Any member of a registered Society who may be in arrear of a subscription which, according to the regulations of the Society, he is bound to pay or who shall possess himself of or detain any property of the Society in a manner or for a time contrary to such regulations or shall injure or destroy any property of the Society, may be sued for such arrear or for the damage occurring from such possession, detention, injury or destruction of the property in accordance with the provisions of this Act.
(2) If in any suit or other proceeding brought under sub-section (1) at the instance of the Society, the defendant shall be successful and shall be adjudged to recover his costs, he may elect to proceed to recover the same from the officer in whose name the suit or other proceedings shall be brought or from the Society, and in the latter case, shall have process against the property of the said Society in accordance with the provision of this Act.
### 25. Members guilty of offences punishable as strangers.
- Any member of the registered Society, who steal, purloin, embezzle any money or other property, or wilfully and maliciously destroy or injure any property of such Society, or forge any deed, bond, security for money receipt, or other instrument, whereby the funds of the Society may be exposed to loss, shall be subject to the same prosecution, and, if convicted, shall be liable to be punished in like manner as any person who is not a member, would be subject and liable to in respect of the like offence.
### 26. Recovery of penalty accruing under bye-law.
- Whenever by any bye-law duly made in accordance with the regulations of the Society, any pecuniary penalty is imposed for the breach of any regulations or bye-law of the Society, such penalty, when accrued, may be recovered in any Court, having jurisdiction where the defendant resides, or the office of the Society is situated, as the Governing body thereof shall deem expedient.
Chapter - V Properties and Funds of Societies
### 27. Property of Society, how vested.
- The property, moveable or immoveable, belonging to a Society registered under this Act, shall be deemed to be vested in the General body of such Society and in all proceedings, civil or criminal, may be described as the property of the General body of such Society by their proper title.
### 28. Restriction on transfer of property.
- No immovable property shall be acquired or transferred by way of sale, gift or otherwise by the Society without the previous approval of its general body:
Provided that information relating to all such transactions of property shall also be passed on and got recorded with the Registrar within a period of fifteen days.
### 29. Suit by and against Societies.
- Every Society may sue or be sued in the name of the President or Chairman or the Secretary or the Governing body, as the case may be, as shall be determined by the regulations of the Society and in default of such determination, in the name of such person as may be appointed by the Governing body for the occasion:
Provided that it shall be competent for any person having a claim or demand against the Society to sue the President or Chairman or the Secretary or the Governing body, if on application to the Governing body some other officers or person be not nominated to be the defendant.
### 30. Suit not to abate.
- No suit or proceeding in any civil court shall abate or discontinue by reason of the person by or against whom such suit or proceedings shall have been brought or continued, dying or ceasing to fill the character in the name where of he shall have sued or been sued, but the same suit or proceeding shall be continued in the name of or against the successor of such person.
### 31. Enforcement of judgment against Society.
(1) If any judgment is passed against any officer or member of the registered Society, such judgment shall not be enforced against the property, moveable or immoveable, or against the body, of such officer, but against the property of the registered Society.
(2) The application for execution shall set forth the judgment, the fact of the party against whom it shall have been passed having sued or having been sued, as the case may be, on behalf of the registered Society only, and shall require to have the judgment enforced against the property of the registered Society.
### 32. Books of accounts to be kept by the Society.
(1) Every Society shall keep at its head office proper books of accounts in which shall be entered accurately-
(a) all sums of money received and the source thereof, and all sums of money expended by the Society and the objects or purposes for which such sums are expended;
(b) the assets and liabilities of the Society; and
(c) details of immovable property acquired by the Society.
(2) The books of accounts shall be open to inspection by the office bearer or members of the Society or the Registrar or the person authorized by the Registrar during the office hours.
(3) For the purpose of sub-section (1), proper books of accounts shall not be deemed to be kept with respect to the matters specified therein, if they do not give a true and fair view of the state of affairs of the Society and explain its transactions.
### 33. Powers of Registrar to seize records, etc.
(1) Where the Registrar is satisfied that -
(a) the records, register or the books of accounts of a Society are likely to be tampered with or destroyed and the funds and the property of a Society are likely to be misappropriated or misapplied; or
(b) if the Governing body of a Society is re-constituted at a general meeting of the Society and outgoing members of the Governing body refuse to handover charge of the records and property of the Society to those having to or entitled to receive such charge, the Registrar may issue an order directing a person duly authorized by him in writing to seize and take possession of such books and records, funds and property of the Society and the officer or officers of the Society responsible for the custody of such books, records, funds and property shall give delivery thereof to the person so authorized.
(2) In order to secure compliance of the orders under sub-section (1), the Registrar may take or cause to be taken such steps and use or cause to be used such minimum force including police force as may be considered necessary.
Chapter - VI Annual Returns, Audit, Inspection and Supervision
### 34. Annual list of Governing body to be filed.
- Once in every year, on or before the fourteenth day succeeding the day on which according to the regulations of the Society the annual general meeting of the Society is held or if the regulations do not provide for an annual general meeting, then within fourteen days of the 31st day of January, a list containing the full names, permanent addresses and chief occupations and others, if any, with signatures of the Governing body, shall be filed with the Registrar by the President or Secretary, in such form with such documents together with such fee as may be prescribed:
Provided that the Registrar may, for reasons to be recorded in writing, grant further time not exceeding fifteen days for compliance:
Provided further that if the Society fails to file the list within the specified time-limit or within the extended time, it may file the same within such further extended period but not exceeding 30 days and with such late fee as may be prescribed.
### 35. Audit.
(1) Every Society shall send to the Registrar a statement of income and expenditure with full particulars in such form as may be prescribed duly audited by its Auditors/Chartered Accountants audit report and balance sheet of the previous year alongwith details of all financial activities together with such fee as may be prescribed within ninety days from the date of annual general meeting of the Society or from 30thday of April, every year where the regulations do not provide for an annual general meeting. If the Society fails to send the aforesaid statements within the stipulated time, the Society shall be liable to pay late fee as may be prescribed.
(2) On receipt of such statement, the Registrar shall verify the statements and shall ensure that the registers, account books and other records of the Societies are maintained in the prescribed manner and the funds have been utilized for the promotion of the Society and its objects and he may also issue such instructions in respect of utilization of funds as he may think fit:
Provided that accounts of Society having annual transaction exceeding one lac rupees shall be submitted to the Registrar duly audited by Chartered Accountant:
Provided further that Society having annual transaction exceeding [twenty lac]
[Substituted for the words 'five lac' vide Act No. 5 of 2012.]
:rupees shall publish, every year, its audited balance sheet including profit/loss account statement in a prominent local daily newspaper.
(3) If the Registrar thinks necessary to undertake a special audit, he may audit, or cause to be audited by any person authorized by him by general or special order in writing in this behalf, the accounts of any Society.
(4) Any person authorized by general or special order, in writing in this behalf, by the Registrar shall, at all times, have access to all the books of accounts and other papers of a Society and every officer of the Society shall furnish such information in regard to the accounts and working of the Society as the person making such inspection may require.
### 36. Inspection of documents.
- Any person may inspect all or any of the documents filed with the Registrar under this Act, or require copy or extract of any such document to be certified by the Registrar, by filing an application together with such fee as may be prescribed, and such certified copy shall be prima facie evidence of matters therein contained in all legal proceedings whatsoever.
### 37. Power to enforce attendance etc.
- The Registrar shall have power to summon and enforce the attendance of witnesses including the parties interested or any of them and to compel them to give evidence, and compel the production of documents by the same means and as far as possible in the same manner as provided in the Code of Civil Procedure, 1908 (5 of 1908).
### 38. Power of Registrar to call for information.
(1) Where on perusing any document which a Society is required to submit to him under this Act, the Registrar is of opinion that any information or explanation is necessary in order that such document may afford full particulars of the matters to which it purports to relate, he may, by written order call on the Society submitting the documents to furnish in writing such information or explanation within such time as he may specify in the order.
(2) On receipt of the order by the Society under sub-section (1), it shall be duty of the Society and of all persons who are officers of the Society to furnish such information or explanation to the best of their power.
Chapter - VII Enquiry and Settlement of Dispute
### 39. Enquiry by the Registrar.
(1) The Registrar may, on his own motion or on an application made under sub-section(2), either by himself or by a person authorized by him, by order in writing, hold an enquiry into the constitution, working and financial conditions of a Society.
(2) An enquiry under sub-section (1) shall be held on the application supported by an affidavit of-
(a) a majority of the members of the Governing body of the Society; or
(b) not less than one-third of the total number of members of the Society.
(3) The Registrar or the person authorized by him under sub-section (1) shall, for the purpose of an enquiry under this section, have the following powers, namely:-
(a) he shall at all times have free access to the books, accounts, documents, securities, cash and other properties belonging to, or in the custody of the Society and may summon any person in possession, or responsible for the custody of any such books, accounts, documents, securities, cash or other properties to produce the same, if they relate to the head office of the Society, at any place at the headquarters thereof and if they relate to any branch of the Society, at any place in the town wherein such branch thereof is located or in his own office;
(b) he may summon any person who, he has reason to believe to have knowledge of any of the affairs of the Society to appear before him at any place at the headquarters of the society or any branch thereof or in his own office and may examine such person on oath;
(c) he may, notwithstanding any regulation or bye-law specifying the period of notice for a general body meeting of the Society, require the officers of the Society to call a general body meeting of the Society at such time at the head office of the Society or any other place at the headquarter of the Society and to determine such matters as may be directed by him and where the officers of the Society refuse or fail to call such a meeting, he shall have power to call it himself; and
(d) any meeting of the Society called under clause(c) shall have all the powers of a general body meeting called under the regulations or bye-laws of the Society and its proceedings shall be regulated by such bye-laws.
(4) When an enquiry is made under this section, the Registrar shall communicate the outcome of the enquiry to the Society and may issue appropriate directions to the Society, which shall be binding on all parties concerned.
### 40. Surcharge.
(1) Where, in the course of audit under section 35 or an enquiry under section 39,it appears that any person who had taken part in the establishment or management of the Society or any past or present President, Secretary, member or the staff of the Society; has misapplied or retained, or become liable or accountable for any money or property of the Society, or has been guilty of misfeasance or breach of trust in relation to the Society, the Registrar may, on a report received from the officer or an application received from the Governing body of the Society or his own motion, examine into the conduct of such person and after giving reasonable opportunity to the person concerned to submit his explanation, make an order requiring him to repay or restore the money or property or any part thereof, respectively with interest at such rate as may be prescribed or to contribute such sum to the assets of the Society by way of compensation in regard to the misapplication, retainer, misfeasance or breach of trust as the Registrar thinks just.
(2) Any sum ordered under this section to be repaid to a Society or recovered as a contribution to its assets, on a requisition being made in this behalf by the Registrar, shall be recovered as arrears of land revenue under the provision of the Himachal Pradesh Land Revenue Act, 1954.
(3) This section shall apply notwithstanding any criminal prosecution launched or proposed to be launched against such person.
### 41. Supersession of Governing body.
(1) If, in the opinion of the Registrar, Governing body of any State-aided Society or any other Society engaged in delivering services to public, such as education, health, sanitation etc.,-
(a) persistently makes default or is negligent in the performance of the duties imposed on it by or under this Act, regulations or bye-laws of the Society or by any lawful order passed by the State Government or Registrar, or is unwilling to perform such duties; or
(b) commits acts which are prejudicial to the interest of the Society or its members; or
(c) is otherwise not functioning properly; the Registrar may, by order in writing, remove the Governing body and appoint one or more Administrators to manage the affairs of the Society for a specified period not exceeding six months in the first instance:
Provided that where it is proposed to remove the Governing body of the Society exclusively on the ground that election to the Governing body were not held in accordance with the provisions of this Act or the regulations or bye-laws made thereunder, no action shall be taken under this sub-section unless the Registrar or an officer authorized by him in this behalf has convened a meeting of the general body for conducting the election thereto in accordance with the provisions of this Act, or the regulations or bye-laws made thereunder but has failed to get the new Governing body elected.
(2) No order under sub-section (1) shall be made unless the Governing body has been given a reasonable opportunity on being heard.
(3) The period specified in the order under sub-section(1) may be extended for further period of six months, for the reasons to be recorded in writing, by the Registrar, and thereafter no further period shall be extended.
(4) The Administrator(s) appointed under sub-section (1) shall, subject to the control of Registrar and to such instructions as he may, from time to time, give, have power to exercise all or any of the functions of the Governing body or of any officers of the Society, and to take all such actions as may be required in the interest of the Society:
Provided that Administrator (s) will enroll no new member and make no appointment.
(5) The Registrar may fix the remuneration payable to the Administrator(s), and the amount of such remuneration and other costs, if any, incurred in the management of the Society shall be payable from the funds of the Society.
(6) The Administrator(s) appointed under sub-section (1) shall, at the expiry of the period of appointment, arrange for the constitution of a new Governing body in accordance with the regulations of the Society.
(7) If there is difference of opinion between the general body of the Society and Administrator(s) appointed under sub-section (1) in respect of any matter, it shall be referred to the Registrar for decision and his decision thereon shall be final.
(8) During the period between the issuance of notice and the passing of an order removing the Governing body, the Governing body may be required by the Registrar to function under the supervision and with the approval of such authority as the Registrar may specify in this behalf and no order made or resolution passed or any other act performed by the Governing body, shall be effective unless it is approved by such specified authority.
(9) Where the Registrar, while proceeding to take action under subsection (1) is of the opinion that suspension of the Governing body or any member during the period of proceedings is necessary in the interest of the Society, he may suspend, such Governing body or member, as the case may be, and where the Governing body is suspended, make such arrangements as he thinks proper for the proper management of the affairs of the Society till the proceedings are completed:
Provided that if the Governing body or member so suspended is not removed, it or he shall be reinstated and the period of suspension shall count towards its or his term.
### 42. Dispute regarding management.
- [(1) If any dispute arises among the governing body or the members or ex-members of the Society or its employees or ex-employees in respect of any matter relating to the affairs of the Society, any member or ex-member of governing body or employee or ex-employee of the Society may refer such dispute to the Registrar for decision, who may either decide the dispute himself or refer such dispute to any other officer of the Government for disposal, as may be authorized by him in this behalf.]
[Sub-section (1) subs. vide Act No. 5 of 2012.]
(2) Dispute for the purpose of sub-section (1) shall also include matters relating to claim by or against the Society and any matter arising in connection with the election of governing body.
Chapter - VIII Amalgamation, Division, Dissolution and Winding Up of Societies.
### 43. Amalgamation and division of Societies.
(1) Any two or more Societies may, by a special resolution of both or all such Societies, and confirmed by a like resolution at a second meeting of both or all such Societies, convened after an interval of one month after the first meeting, get amalgamated into one Society with or without any dissolution or division of the funds of any of the societies with intimation to the Registrar.
(2) Any Society may, by a special resolution divide itself into two or more Societies, and such resolution shall contain proposals for the division of the assets and liabilities of the Society among the new Societies into which it is proposed to divide itself and may also specify the area of operation of, and the members, who will constitute each of the new Societies.
(3) An amalgamation or division in pursuance of this section shall not prejudice any right of a creditor of any Society which was a party to such amalgamation or division.
### 44. Dissolution of Society and adjustment of its affairs.
(1) A Society may, by a special resolution, determine that it shall be dissolved of and thereupon, with prior intimation to the Registrar, it shall be dissolved at the time specified in the resolution and all the necessary steps shall be taken for the disposal and settlement of the property of the Society, and its claims and liabilities according to the bye-laws, if any of the Society, and if there are no bye-laws to this effect in the manner as the general body may find it expedient:
Provided that in the event of any dispute arising among the members of the Governing body or the members of the Society, the adjustment of its affairs shall be referred to the court and the court shall make such order in the matter including appointment of liquidator as it deems fit:
Provided further that if the Central Government or any State Government is a member of, or a contributory to, any Society registered under this Act, such Society shall not be dissolved without the consent of the Government concerned.
(2) A Society dissolved under this section shall file with the Registrar a full report showing as to how the property has been disposed of.
### 45. Power of Registrar to cancel registration in certain circumstances.
(1) Notwithstanding anything contained in this Act, the Registrar may, by an order in writing, cancel the registration of any Society on any of the following grounds:-
(a) that the registered Society has contravened any of the provisions of this Act or the rules made thereunder; or
(b) that the registered Society is insolvent, or must necessarily become so; or
(c) that the business of any such registered Society is conducted fraudulently or not in accordance with the bye-laws or the objects specified in the memorandum filed with the Registrar under section 4.
(2) If it appears to the Registrar that any registered Society is carrying on any unlawful activity or allow unlawful activity to be carried on within any premises under the control of the Society, the Registrar may hold an enquiry into the activities of such society and in respect of every such enquiry, the Registrar shall have the same powers as are specified in sub-section (3) of section 39.
(3) If on an enquiry under sub-section (2), the Registrar is satisfied that any such Society has been carrying on any unlawful activity or has allowed any unlawful activity to be carried on within any premises under the control of the Society, he shall, after giving reasonable notice to the Society to show cause why the registration of the Society should not be cancelled and after considering the representations, if any, made on behalf of the Society, by order, cancel the registration of the Society and shall communicate the order of cancellation forthwith to the registered Society.
Explanation. - For the purpose of this section, an activity shall be deemed to be unlawful if such activity is an offence punishable under any provision of law for the time being in force.
### 46. Upon dissolution no member to receive profit.
- If upon the dissolution of any Society, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to, or distributed among, the members of the said Society or any of them, but shall be given to some other Society, to be determined by the votes of not less than three-fifths of the members present personally at the time of dissolution or in default, thereof, by the court specified in section 44.
### 47. Enforcement of order.
- Orders made under section 44 shall, on application, be enforced as follows:-
(a) when made by a liquidator, by a civil court having local jurisdiction, in the same manner as a decree of such court; and
(b) when made by the court on appeal, in the same manner as a decree of that court.
### 48. Determination after dissolution that property be utilized by Government.
(1) It shall be lawful for the members of any Society dissolved under section 44 to determine by majority of votes of the members present or by proxy at the time of dissolution of such Society that any property whatsoever remaining after satisfaction of all its debts and liabilities shall be given to Government to be utilized for any of the purposes referred to in subsection (3) of section 1.
(2) In the event of cancellation of the registration of Society under section 44, all the moveable and immovable assets of the Society or its institutions or centres shall vest in the State Government to the extent of assistance, grant, aid or donation that the Society may have received from Central or State Government or any of the statutory bodies, and it shall be the duty of the Collector of the District where the property is situated to take charge of the same on intimation of cancellation by the Registrar.
Chapter - IX Offences and Penalties
### 49. Penalty.
- If any Society or any person, referred to in section 35 or 38, entrusted with the management of affairs of a Society, is required to furnish any information or return -
(i) wilfully refuses or without lawful excuse neglects to furnish such information or return which it knows, to be false; or
(ii) wilfully furnishes or causes to be furnished any information or return which it knows, to be false; or
(iii) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under relevant section, shall, on conviction, be punished with fine which may extend to two thousand rupees for each such offence.
### 50. Cognizance of offences.
(1) No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act.
(2) No court shall take cognizance of an offence punishable under this Act except upon a complaint made by the Registrar or any other person authorized in writing by him, by general or special order, in that behalf.
Chapter-X Appeal
### 51. Appeal.
(1) An appeal shall lie,-
(a) if the order is made by the Registrar, appointed under subsection(1) of section 3, either in original case or in appeal under clause (b), to the State Government;
(b) if the order is made by the subordinate officers, appointed under sub-section(2) of section 3 or any other person, to the Registrar appointed, under sub-section (1) of section 3.
(2) An appeal under sub-section(1) shall be filed within sixty days of the date of communication of the order in such form and in such manner accompanied by such fee as may be prescribed:
Provided that the appellate authority may admit an appeal after the expiry of said period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period.
Chapter - XI Miscellaneous
### 52. Registrar and other officers to be public servants.
- Every officer or person exercising or authorised to exercise powers under this Act or the rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1908 (45 of 1908).
### 53. Indemnity.
- No suit, prosecution or other legal proceedings shall lie against the Registrar or any person sub-ordinate to him or acting under his authority in respect of anything done by or purporting to have been done by him in good faith under this Act.
### 54. No Objection Certificate from the Registrar.
(1) Any Society registered outside the State; but wishes to open its branch(es) in the State, shall obtain No Objection Certificate from the Registrar before opening of such branch and shall pay such fee as may be prescribed:
Provided that if such Society does not comply with the direction or order of the Registrar or the Government then No Objection Certificate shall be cancelled.
(2) The branch(es) of such Society shall be governed under the provisions of this Act.
### 55. Fees.
(1) The State Government may prescribe the fees chargeable for the following purposes, namely :-
(a) for registration of Societies;
(b) for inspection of documents in the custody of the Registrar;
(c) for making or granting copies of orders, decisions, entries or documents, before or after registration; and
(d) for such other matters as appear to the Government necessary to give effect to the purposes of this Act.
(2) All fees, charges and other sums paid to the Registrar or any officer of the Government in pursuance of this Act, shall be credited to the Consolidated Fund of the State.
### 56. Power to make rules.
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the levy of registration fee under section 6;
(b) form and the procedure to be followed for amendment of memorandum or regulations or bye-laws of registered Society and the fee to be charged under section 9;
(c) the procedure and conditions for change the name of a society and fee to be charged for issue of certificate under section 11;
(d) the qualification or disqualifications for membership of the Governing body of a Society under section 16;
(e) procedure for election of the members of the Governing body under section 20;
(f) the levy of fee and late fee for submission of annual list of Governing body with Registrar and the form and documents to be submitted with the annual list under section 34;
(g) form of statement of income and expenditure and returns to be furnished by a Society to the Registrar and fee to be charged and late fee for filing such statement and returns and the procedure to be followed under section 35 for maintenance of register, account books and other record by the Societies;
(h) inspection of documents and the fees to be charged under section 36;
(i) the rate of interest to be charged under section 40;
(j) the procedure for appeal under sub section (2) of section 51 and fee for such appeal;
(k) procedure for granting No Objection Certificate and the levy of fees thereof under section 54;
(l) the fees to be charged for granting copies of decisions, orders, entries or documents, before or after registration under section 55; and
(m) any other matters which in the opinion of the State Government is required to be prescribed for the purpose of this Act.
(3) Every rules made under this Act shall be laid, as soon as may be after it is made, before the State Legislative Assembly, while it is in session, for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the Legislative Assembly agrees in making any modification in the rule or agrees that the rules should not be made, the rule shall, thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule.
### 57. Power to exempt.
- The State Government may by an order in writing,-
(a) exempt any Society or class of Societies from the application of any of the provisions of this Act or the rules made thereunder; and
(b) direct that any such provisions shall apply to such Society or class of Societies to such extent as may be specified in the order.
### 58. Repeal and Savings.
(1) The Societies Registration Act, 1860 (XXI of 1860) (hereinafter called the 'said Act') as in force by virtue of section 88 of the Punjab Re-Organization Act, 1966 (Act No. 31 of 1966) in the areas added to Himachal Pradesh under section 5 thereof and as applied to the areas which comprised in Himachal Pradesh immediately before the 1st day of November, 1966 by virtue of the Himachal Pradesh (Application of laws) Order, 1948 and the Bilaspur (Application of laws) Order, 1949, is hereby repealed in its application to the State of Himachal Pradesh.
(2) Without prejudice to the provisions contained in the Himachal Pradesh General Clauses Act,1968 with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, direction, approval, authorization, consent, application, request or thing made, issued, given or done under the said Act, shall, if in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act.
(3) Every Society, existing immediately before the commencement of this Act which has been registered under the said Act or under any other Act relating to Societies in force, shall be deemed to be registered under the corresponding provisions of this Act, and the bye-laws of such Society shall, in so far as they are not inconsistent with the provisions of this Act, or the rules, continue to be in force until altered or rescinded.
(4) All appointments, rules and orders made, all notifications and notices issued and all suits and other proceedings instituted under the said Act shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been respectively made, issued and instituted under this Act.
(5) Save as otherwise provided in this Act, any legal proceeding pending in any court or before the Registrar or any other authority at the commencement of this Act shall be continued to be in that court or before the Registrar or that authority as if this Act had not been passed.
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65bab451ab84c7eca86ec5fb | acts |
NCT Delhi - Act
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The Delhi Development Authority (Election Of Representative Of Delhi Municipal Corporation) Rules, 1958
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DELHI
India
The Delhi Development Authority (Election Of Representative Of Delhi Municipal Corporation) Rules, 1958
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Rule THE-DELHI-DEVELOPMENT-AUTHORITY-ELECTION-OF-REPRESENTATIVE-OF-DELHI-MUNICIPAL-CORPORATION-RULES-1958 of 1958
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* Published on 17 May 1958
* Commenced on 17 May 1958
The Delhi Development Authority (Election Of Representative Of Delhi Municipal Corporation) Rules, 1958
Published vide G.S.R. 391, dated 17th May, 1958, published in the Gazette of India, Pt. II, Sec. 3 (i) , dated 17th May, 1958
In exercise of the powers conferred by sub-section (1) of section 58 of the Delhi Development Act, 1957 (61 of 1957), read with clause (a) of sub-section (2) of that section, the Central Government hereby makes the following rules namely: -
### 1. Short title and commencement.
(1) These rules may be called the Delhi Development Authority (Election of Representative of Delhi Municipal Corporation) Rules, 1958.
(2) They shall come into force at once.
### 2. Manner of election of representatives of corporation to the Authority.
(1) The election of two representatives of the Municipal Corporation of Delhi (hereinafter referred to as the Corporation) in pursuance of clause (e) of sub- section (3) of section 3 of the Delhi Development Act, 1957 (61 of 1957) shall be held at a meeting of the Corporation in accordance with the system of proportional representative by means of the single transferable vote and the voting at such election shall be held by secret ballot.
(2) Every candidate for election as such representative shall be nominated by a nomination paper in Form 1 which shall be signed by the candidate and two other members of the Corporation as proposer and seconder and delivered to the Municipal Secretary between the hours of eleven O'clock in the forenoon and five O'clock in the afternoon at least three clear days before the date of meeting at which the election is to be held.
(3) No member of the Corporation shall sign as proposer or seconder the nomination papers of more candidates than the number or representatives to be elected. Any nomination paper subscribed in contravention of this sub-rule shall be invalid and shall be declared as such by the Mayor.
(4) Any candidate may withdraw his candidature at any time before the election is proceeded with in the meeting.
(5) Where the number of validly nominated candidates is equal to, or less than, the number of representatives to be elected, the Mayor shall declare all such candidates to be duly elected as representatives of the Corporation, and where the number of validly nominated candidates is more than the number of representatives to be elected, a poll shall be taken.
(6) The Municipal secretary shall provide at the meeting: -
(a) a ballot box;
(b) a sufficient number of ballot papers as prescribed in Form 2;
(c) materials sufficient for the purpose of enabling members of the Corporation to mark ballot papers.
(7) (a)
Every member of the Corporation shall have one vote only.
(b) A member in giving his vote -of Delhi Municipal Corporation) Rules, 1958
(i) shall place on his ballot paper the figure 1 in the space opposite the name of the candidate for whom he votes; and
(ii) may, in addition, place on his ballot paper the figure 2 or the figures 2 and 3 the figures 2, 3 and 4 and so on in the spaces opposite the names of other candidates in the order of his preference.
(8) (a)
Every member of Corporation on receiving a ballot paper shall proceed into one of the polling compartments provided for the purpose of recording votes and shall there record his vote in accordance with the instruction set out on the ballot paper.
(b) The member shall then before quitting the polling compartment, fold up his ballot paper so as to cast his vote and put the ballot paper so folded into the ballot box in the presence of the Mayor.
(c) Every member shall record his vote and quit the polling compartment without undue delay.
(9) The ballot box shall remain open for the casting of votes for such period as may be fixed by the Mayor.
(10) (a)
As soon as the period fixed for casting of votes is over, the Mayor shall -
(i) open the ballot box and take out the ballot papers contained therein;
(ii) count the number of ballot papers so taken out or cause it to be counted and record such number in a statement;
(iii) scrutinise the ballot papers and separate the ballot papers which he deems valid from those which he rejects as invalid by endorsing thereon the word "Rejected" and the ground of such rejection;
(iv) arrange the valid ballot papers in parcels according to the first preference recorded for each candidate; and
(v) count the votes in the meeting in the presence of such members as may be present, with the assistance of such persons as may be appointed by the Mayor in this behalf.
(b) The provisions of rule 115, sub-rule (1) of rule 116, rules 121 to 127 and 129 of Representation of the People (Conduct of Elections and Election Petitions) Rules 1956, shall so far as may be, apply in relation to the counting of votes at elections in council constituencies subject to the modification that any reference to the "returning officer" in any of those provisions shall be construed as a reference to the "Mayor".
(11) Upon the completion of the counting of votes, the Mayor shall prepare and certify a return in Form 3 setting forth -
(i) the names of the candidates for whom valid votes have been given;
(ii) the number of valid votes given to each candidate;
(iii) the number of valid votes declared invalid and rejected; and
(iv) the names of the persons declared elected; and shall forward an attested copy thereof to the Chairman of Delhi Development Authority.
(12) The ballot papers shall be kept by the Municipal Secretary for three months from the date of election and may then be destroyed by him.
FORM 1
NOMINATION PAPER
[See rule 2(2) ]
Election of representatives of the Municipal Corporation of Delhi under clause (e) of sub-section (3) of section (3) of Delhi Development Act, 1957.
(To be filled by the proposer)
I hereby nominate Shri/Smt ...................................... a Councillor/an elderman, as a candidate for election as a representative of the Corporation of the Delhi Development Authority.
### 1. Full name of proposer .............................. ###
2. Full name of Seconder ..............................
Signature of proposer.
Dated ..........................
Signature of Seconder.
(To be filled by the candidate)
I, the above-mentioned candidate, assent to this nomination.
Dated .......................... Signature of Candidate.
(To be filled by the Municipal Secretary)
S.No. of nomination paper .............................
This nomination paper was delivered to me at my office at ............ (hour) on ................... (date) by the 'Candidate/proposer/seconder.
Dated ........................... Municipal Secretary.
Receipt for nomination paper to be handed over to the person presenting the nomination paper.
S.No. of nomination paper ....................
This nomination paper of ....................... a candidate for election as representative of the Municipal Corporation of Delhi Development Authority was delivered to me at my office .............. (hour) on .............. (date) by the candidate/proposer/seconder.
Dated ........................... Municipal Secretary.
FORM 2
BALLOT PAPERS
[See rule 2(6) ]
Election of representatives of the Municipal Corporation of Delhi under clause (e) of sub-section (3) of section 3 of the Delhi Development Act, 1957.
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Sl. No. of Candidate
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Name of Candidate
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Mark order of preference
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1.
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2.
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3.
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4.
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Etc.
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Instructions
### 1. The number of representatives to be elected is' ...................... ###
2. Vote by placing the figure 1 in the space opposite the name of the candidate for whom you wish to vote. Place the figure 1 opposite the name of one candidate only (although' ...................... representative(s) are to be elected).
### 3. You may indicate your relative preference for the other candidates by placing in the space opposite their names the figures 2, 3, 4, etc., in order of such preference.
### 4. Do not place more than one figure opposite the name of any candidate.
### 5. Do not place the same figure opposite the names of more candidates than one.
Back
Serial No ..................
FORM 3
RETURN OF ELECTION
[See rule 2(11) ]
Election of the representatives of the Municipal Corporation of Delhi under clause (e) of sub-section (3) of section 3 of the Delhi Development Act, 1957.
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Sl. No. of Candidate
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Name of Candidate
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Number of valid votes given to the candidates
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1.
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2.
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Etc.
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Total number of valid votes .......................
Total number of invalid votes ...................
I declare that -
(1) (Name)
....................
(2) (Name)
....................
have been duly elected.
(Signature) Mayor.
Dated .......................
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65ba0071ab84c7eca86ea6da | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Protected Forest Rules, 1970
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ANDHRA PRADESH
India
Andhra Pradesh Protected Forest Rules, 1970
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Rule ANDHRA-PRADESH-PROTECTED-FOREST-RULES-1970 of 1970
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* Published on 1 January 1970
* Commenced on 1 January 1970
Andhra Pradesh Protected Forest Rules, 1970
In exercise of the powers conferred by Sub-section (1) of Section 27 read with Sub-section (1) of section 68 of the Andhra Pradesh Forest Act, 1967 (Andhra Pradesh Act
1 of 1967
) and in supersession of all existingRrules on the subject made under any Act repealed by Section 72 of the Act aforesaid, the Governor of Andhra Pradesh hereby makes the following Rules for the regulation or use of natural and forest produce in the protected forests.
### 1. These Rules shall be called the Andhra Pradesh Protected Forest Rules, 1970.
### 2. (1) No person shall, except in accordance with the Rules, do, attempt to do, or cause to be done, in a protected forest any of the following acts
(a) clearing, ploughing or breaking up of land for cultivation or any other purpose;
(b) kindling of fire;
(c) cutting, sawing conversion and removal of trees and timber and collection and removal of natural produce;
(d) quarrying of stone the boiling of catechu or the burning of the lime or charcoal;
(e) cutting of grass, or the pasturing of the cattle; and
(f) hunting, shooting, fishing, poisoning of water and setting of traps or snares.
(2) Nothing in sub-rule (1) shall be deemed to prohibit any act done in accordance with any order issued by the Government or with permission of the Chief Conservator of Forests, Conservator of Forests, Divisional Forest Officer, or any officer authorised to grant such permission.
### 3. Persons belonging to Scheduled Tribes are eligible for the following concessions namely.
- (i) the removal of timber, bamboos, and forest produce from the protected forests for domestic and agricultural purposes from time to time on payment of seigniorage fees fixed thereof;
(ii) to graze their own cattle in the protected forests without payment of any fee.
Explanation. - For the purposes of this rule, [x x x x]
(i) Agricultural purposes shall include the use of
(a) timber for agricultural implements,
(b) poles and thorns for hedges.
(c) bamboo for fencing and roofing of huts and sheds in fields and
(d) leaves for green manure.
(ii) domestic purposes shall include the use of
(a) fuel for heating and cooking:
(b) timber and other forest produce for the erection and repair of permanent and temporary dwellings, cattle sheds, pandals and fencing of compounds and fields.
### 4. (i) The Ranger shall be the competent authority to issue the seigniorage permits, on payment of the specified fees, to the [xxxx] tribals.
Provided that he may refuse to issue such permits in any case if the requirements of the Rules are not satisfied.
(ii) In case of refusal of permits, an appeal lies to the Divisional Forest Officer, whose decision thereon shall be final.
(iii) The Divisional Forest Officer, on his own motion, may, for sufficient and valid reasons, cancel or revise any permits issued by the Ranger.
Provided that an opportunity is given to the holder of the permit to represent against the proposed action.
### 5. (1) Any individual or Community claiming rights by law or custom or usage having force of law with respect to any protected forest may exercise such rights only after obtaining a recognition from the [Divisional Forest Officer] [x x x x x]
Provided that the Divisional Forest Officer may by order refuse such [recognition] if the claims are not established.
(2) Any person aggrieved by an order of the Divisional Forest Officer under Sub-rule (1) may prefer an appeal, within thirty days of the receipt thereof, to the Conservator of Forests who shall after holding an enquiry pass an order thereon which shall be final.
(3) The Conservator of Forests may, on his motion for sufficient and valid reasons, revise or cancel the recognition granted by Divisional Forest Officer under Sub-rule (1).
Provided that an opportunity is given to the person effected by such revision or cancellation to represent against the proposed action.
(4) Any person aggrieved by the decision of the Conservator of Forests under Sub-rule (3) may prefer an appeal to the Chief Conservator of Forests within thirty days of receipt of the decision of the Conservator of Forests and the decision of the Chief Conservator of Forests thereon shall be final.
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65ba8854ab84c7eca86ebf1c | acts |
Union of India - Act
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The Indian Reserve Forces Act, 1888
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UNION OF INDIA
India
The Indian Reserve Forces Act, 1888
=====================================
Act 4 of 1888
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* Published on 1 January 1888
* Commenced on 1 January 1888
The Indian Reserve Forces Act, 1888
### 4. of 1888
### 13. /609
[2ndMarch ,1888]
An Act to regulate [the]
[ Substituted by A.L.O. 1950, for " Her Majesty's" (w.e.f. 26.1.1950).]
Indian Reserve Forces.
Whereasit is expedient to provide for the Government, discipline and regulation of [the]
[Substituted by A.L.O. 1950, for " Her Majesty's" (w.e.f. 26.1.1950). ]
Indian Reserve Forces; It is hereby enacted as follows: -
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The Act has two now been extended to the Union Territories of - (1) Dadra and Nagar Haveli by Regulation 6 of 1963 (1-7-1965; (2) Pondicherry by Regulation 7 of 1963 (1-10-1963); (3) Laccadive, Minicoy and Amindivi Islands by Regulation 8 of 1965 (1-10-1967). These Islands are now known as Lakshadeep, see Act 34 of 1973, section 3 (w.e.f. 1-11-1973). The Act extended to and shall be in the State of Arunachal Pradesh (w.e.f. 1-7-1994) vide Act 44 of 1993, S.2 and Sch.
Brought into force on 26.5.1888.
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### 1. Titleand commencement
(1) This Act may be called The Indian Reserve Forces Act, 1888; and
(2) It shall come into force on such day as the Central Government may, by notification in the Official Gazette, [appoint] in this behalf.
### 2. [ Division of Reserve Forces into Regular and Supplementary Reserves
[ Substituted by Act 12 of 1931, S.2, for S.2.]
.-The Indian Reserve Forces shall consist of the Regular Reserve and the Supplementary Reserve.]
### 3. Locality of service of Reserves
.- [\*]
[ The figure and brackets " (1) " repeated by Act 12 of 1931, S.3.]
A person belonging to the [Indian Reserve Forces]
[ Substituted by Act 12 of 1931, S.3, for" Active Reserve," .]
shall be liable to serve beyond the limits of [India]
[ Substituted by 2 A.L.O., 1956, for " the territories comprised within part A States and Part C States" (w.e.f. 1.11.1956). ]
as well as within those limits.
[\* \* \*]
[ Sub-S. (2) repealed by Act 12 of 1931, S.3.]
### 4. Power to make rules for regulation of Reserve Forces .- (1) The Central Government may make rules and orders for the Government, discipline and regulation of the Indian Reserve Forces.
(2) []
[ S.4 renumbered as sub-S. (2) inserted by Act 20 of 1983, S.2 and Sch. (w.e.f. 15.3.1984).]
Every rule and every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or order or both Houses agree that the rule or order should not be made, the rule or order 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 order.
### 5. Liability of Reserve Forces to military law
.-Subject to [\* \* \*]
[ The words " the provision of section 3 with respect to person belonging to the Garrison Reserve, and to " repealed by Act 12 of 1931, S.4.]
such rules and orders as may be made under section 4, a person belonging to the Indian Reserve Forces shall, as an office, or soldier, as the case may be, be subject to military law in the same manner and to the same extent as a person belonging to [the Regular Army]
[ Substituted by A.L.O. 1950, for " Her Majesty's Indian Forces" (w.e.f. 26.1.1950).]
.
### 6. Punishment of certain offences by persons belonging to Reserve Forces
.-(1) If a person belonging to the Indian Reserve Forces -
(a) when required by or in pursuance of any rule or order under this Act to attend at any place, fails without reasonable excuse to attend in accordance with such requirement, or
(b) fails without reasonable excuse to comply with any such rule or order, or
(c) fraudulently obtains any pay or other sum contrary to any such rule or order, he shall be liable -
(i) on conviction by a Court-martial, to such punishment other than death, transportation or imprisonment for a term exceeding one year as such Court is by the [Army Act, 1950]
[ Substituted by Act 42 of 1953, S.4 and Sch. III, for " Indian Army act, 1911" (w.e.f. 23.12.1953).]
empowered to award, or
(ii) on conviction by [a Presidency Magistrate or]
[ Inserted by Act 12 of 1931, S.5.]
a Magistrate of the first class, to imprisonment for a term which may extend, in the case of a first offence under this section, to six months, and, in the case of any subsequent offence thereunder, to one year.
(2) Where a person belonging to the Indian Reserve Forces is required by or in pursuance of any rule or order under this Act to attend to any place, a certificate purporting to be signed by an officer appointed by such rule or order in this behalf, and stating that the person so required to attend failed to do so in accordance with such requirement, shall, without proof of the signature or appointment of such officer, be evidence of the matters stated therein.
(3) Any person charged with an offence under this section may be taken into and kept in either military or civil custody, or partly into and in one description of custody and partly into and in the other, or be transferred from one description of custody to the other.
### 7. [ Reinstatement in civil employ of persons belonging to Reserve Forces on termination of period of training, muster or army service
[ Inserted by Act 3 of 1958, S.2 (w.e.f. 8.3.1958).]
.-(1) If a person belonging to the Indian Reserve Forces is, during the period of his employment under an employer, called up for training, muster or army service in pursuance of his liability under any rule or order under this Act, it shall be the duty of every such employer to reinstate the person in his employment on the termination of the period of his training, muster or army service in an occupation and under conditions not less favourable to him than those which would have been applicable to him had his employment not been so interrupted: Provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person, or if for any reason reinstatement of such person is represented by the employer to be impracticable, either party may refer the matter to the authority prescribed in this behalf by rules made under this Act, and that authority shall, after considering all matters which may be put before it and after making such further inquiry into the matter as may be prescribed in the said rules, pass an order -
(a) exempting the employer from the provisions of this section, or
(b) requiring the employer to re-employ such person on such terms as the authority thinks suitable, or
(c) requiring the employer to pay to such person by way of compensation for failure or inability to re-employ, a sum not exceeding an amount equal to six months 'remuneration at the rate at which his last remuneration was payable to him by the employer.
(2) If any employer fails to obey the order of any such authority as is referred to in the proviso to sub-section (1); he shall be punishable with fine which may extend to one thousand rupees, and the Court by which an employer is convicted under this section shall order him (if he has not already been so required by the said authority) to pay to the person whom he has failed to re-employ a sum equal to six months 'remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so required to be paid either by the said authority or by the Court shall be recoverable as if it were a fine imposed by such Court.
(3) In any proceeding under this section it shall be a defence for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of the period of his training, muster or army service.
(4) The duty imposed by sub-section (1) upon an employer to reinstate in his employment a person such as is described in that sub-section shall attach to an employer who, before such person is actually called up for training, muster or army service, terminates his employment in circumstances such as to indicate an intention to evade the duty imposed by that sub-section, and such intention shall be presumed until the contrary is proved, if the termination takes place after the issue of orders calling him up for training, muster or army service under this Act.]
### 8. [ Preservation of certain rights of persons belonging to Reserve Forces when called up for training, muster or army service
[ Inserted by Act 3 of 1958, S.2 (w.e.f. 8.3.1958).]
.-When any person belonging to the Indian Reserve Forces and called up for training, muster or army service in pursuance of his liability under any rule or order under this Act has any rights under any provident fund or superannuation fund or other scheme for the benefit of employees maintained in connection with the employment he relinquishes, he shall continue, so long as he is engaged in training, muster or army services and if he is reinstated, until such reinstatement under the provisions of this Act, to have in respect of such fund or scheme such rights as may be prescribed by rules made under this Act.]
|
65b9f645ab84c7eca86ea543 | acts |
State of West Bengal - Act
----------------------------
The Building Regulation in Respect of Lands Covered by the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981
--------------------------------------------------------------------------------------------------------------------------
WEST BENGAL
India
The Building Regulation in Respect of Lands Covered by the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981
==========================================================================================================================
Rule THE-BUILDING-REGULATION-IN-RESPECT-OF-LANDS-COVERED-BY-THE-CALCUTTA-THIKA-TENANCY-ACQUISITION-AND-REGULATION-ACT-1981 of 1981
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* Published on 1 January 1981
* Commenced on 1 January 1981
The Building Regulation in Respect of Lands Covered by the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981
### 026. Regulations
### 1. Short title, extent and commencement
These regulations may be called the Building Regulations in respect of la ids covered by the Calcutta thika Tenancy (Acquisition and Regulation) Act, 1981 (West Bengal Act
No. 37 of 1981
).
### 2. They extend to Calcutta as defined in the Calcutta Municipal Corporation Act, 1980 (West Bengal Act LIX of 1980).
### 3. They shall come into force on the date of their publication in the Official Gazette.
### 4. Definition
Building means a house, outhouse, stable, privy, urinal shed, wall (other than a boundary wall not exceeding 1.50 metres in height) and any other structure whether of masonry bricks, wood, mud, metal or any other materials erected beyond 72 hours) shed/structures erected on ceremonial or festive occasion.
### 5. thika Controller means an officer appointed under section 10 of the Cillcutta thika Tenancy Act, 1981.
### 6. thika Tenant means any person who occupies, whether under a written lease or otherwise, land under another person and is or but for a special contract would be liable to pay rent, at a monthly or at any other periodical rate for that land to that another person and has erected or acquired by purchase or gift any structure or such land for residential, manufacturing of business purpose and includes the successor-in-interest of such person.
### 7. pucca structure means any structure of permanent nature constructed mainly of brick, stone, concrete, reinforced concrete or any combination of these materials, or any other material of durable nature.
### 8. Holding means a parcel or parcels of land occupied by any person as the, tenant under one lease or one set of conditions where such tenant has been occupying the land from or before the commencement of the Calcutta ka Tenancy Act, 1981.
### 9. Premises means a holding.
### 10. Hut means any building, no substantial part of which excluding the walls up to a height of fifty centimetres above the floor or floor level is constructed of masonry, reinforced concrete, steel, iron or other metal.
### 11. Dwelling Unit means an independent housing unit with separate facilities for living, cooking and sanitary requirements.
### 12. Nuisance includes any act of omission, commission, place or thing, which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell, or hearing or which is or may be dangerous to life or injurious to health or property.
Application for Permission for Erection of Buildings/puccaStructures in thika Tenanted Lands
### 13. No person shall be allowed to submit a plan for erection of a new building/pucca structure or re-erect or make addition to and alteration of any but or building/pucca structure in thika tenanted land without any written permission from the thika Controller, Calcutta.
### 14. Every person intending to erect a building/pucca structure, or re-erect or make addition to and alteration of any existing structure in thika tenanted land shall apply to the Municipal Commissioner in prescribed form for permission to execute the work together with a site plan, a plan of the whole building in the holding/premises for each floor, complete elevation and two sections (one along the width and other along the length) service plan, specification of the work and such other particulars as may be prescribed by the Municipal Commissioner in this behalf.
Explanation."Service Plan" means existing arrangement of huts, streets, pathways, drains, and other common facilities.
### 15. Every application made under regulation 14 shall be written on a printed form (to be supplied by the Calcutta Municipal Corporation on payment of such fees as may be fixed by the Mayor-in-Council from time to time) along with the necessary documents as regards right of erection/ alteration and permission of the thika Controller along with other documents as regards correctness of boundary, legality of existing structure with nature of use and such other particulars (including details of Bharatias, if any) as may be determined by the Municipal Commissioner.
### 16. Six sets of plans duly signed by the applicant and his L.B.S./L.B.A. along with the prescribed application form, duly filled in, are to be submitted to the Municipal Commissioner. At least two sets of plans must be in blue print, in addition two sets of site plans drawn in a scale not less than 1 : 200 showing the existing structures and boundaries are to be submitted for approval of the thika Controller.
### 17. Submission fee for each of such applications as may be fixed by the Mayor-in-Council from time to time shall have to be paid.
### 18. Size of drawing sheet of plans should not be less than 500 mm. x 300 mm.
### 19. The scale shall be for site plan, not less than one centimetre to two metres and, for floor plan, section, elevation 1 : 100.
### 20. Existing structure should be shown in yellow colour and proposed structure should be in red colour, boundary shall be shown in black dotted lines. Roads shall be shown in green colour and service lines shall be shown in red dotted lines.
### 21. Plans shall contain the following particulars :
(a) the boundaries of the site and of any continuous land belonging to the applicant;
(b) the position of the site in relation to neighbouring street showing at least one public road/lanescale 1 : 600;
(c) the name of the street in which the building is proposed to be erected/re-erected;
(d) all existing structures standing on the site;
(e) the position of the existing structures and all other buildings/ structures surrounding the site to a distance of 12 metres;
(f) in case of partitioned properties, demarcated boundaries of the applicant's portion as well as that of adjacent partition holders:
(g) means of access from the street/passage of the building;
(h) the position and number of storeys;
(i) open space in and around the building;
(j) drainage and water supply system;
(k) width of the street/passage;
(l) the direction of north point related to the plan of the building;
(m) such other particulars as may be determined by the Municipal Commissioner from time to time.
### 22. Employment of licensed building surveyor/architect :
(a) Every person who intends to erect a new building or convert an existing but into pucca structure or intends to make any addition to or alteration of an existing but shall employ a licensed building surveyor/architect for supervision.
(b) The name, address and licence No. of the person so employed shall be stated in the application, duly signed.
(c) If the person so employed dies or ceases to be so employed before the completion of the said building or pucca structure, the name of the licensed building surveyor/architect employed in place of such person to supervise the construction shall be forthwith reported to the Municipal Commissioner.
### 23. Formulation of requirement and objections :
(1) Within fifteen working days after the receipt of any application under regulations 14 and 16 for permission to execute any work, the Municipal Commissioner may require the applicant
(i) to furnish him with any information on matter referred to in regulations 14 and 16 which has not already been given in the documents received hereunder;
(ii) to satisfy him in regard to any objection which may have been taken under these regulations to the grant of permission to execute the work.
(2) If any requisition made under clauses (i) and (ii) of sub-regulation (1) is not compiled within two months, the application received shall be refused.
### 24. Ground on which the permission may be refused :
The permission to erect a building or to make addition to and/or alteration for conversion of existing but into pucca structure may be refused on the following grounds
(a) that the work or any other particulars comprised in the site plan, building plans, elevation, sections or specification would contravene some specific provisions of the Calcutta Municipal Corporation Act, 1980 or the rule or the bye-law made thereunder;
(b) that the applications for such permission does not contain the particulars, required under these regulations;
(c) that the proposal falls within any street or bustee street alignment;
(d) that the proposal falls within any improvement scheme of C.M.C., C.I.T., C.M.D.A., and similar other organisations;
(e) that the applicant has not satisfied the Municipal Commissioner with regard to any objections which may have been taken under the Calcutta Municipal Corporation Act, 1980.
### 25. Signature of approved plans :
When the Municipal Commissioner has given permission to execute any work, the approved plans of the work shall he signed by such officer and in such manner as he may direct. While granting permission to execute work, the Municipal Commissioner may impose conditions, as per provision of the Calcutta thika Tenancy (Acquisition and Regulation) Act, 1981 read with provisions of the Calcutta Municipal Corporation Act, 1980.
### 26. Remedy when Municipal Commissioner delay to grant or refuse permission :
If within two months after receipt of an application, the Municipal Commissioner has neither granted nor refused permission to execute the work, the applicant may refer the matter to the Mayor.
### 27. Work not to be commenced unless and until permission is given :
No work shall be commenced unless and until the Municipal Commissioner has granted permission for the execution of work on an application sent to him under regulations 14 and 16.
### 28. Sanction Fee :
The Mayor-in-Council may from time to time determine a scale of fee to be paid in respect of grant of permission for executing any work under these regulations.
### 29. Validity of sanction :
The permission to execute the work of erection, addition, alteration or work for conversion of but in pucca structure shall be valid for five years from the date from which such permission is granted, provided that the execution of the work starts within two years from the date of sanction.
### 30. Extension of sanctioned plan :
(a) The validity period of the plan may be extended for a further period of not more than 5 years or as determined under section 399 of the Calcutta Municipal Corporation Act, 1980 on payment of the fees as may be determined by the Mayor-in-Council from time to time and on production of previous sanctioned plan.
(b) If the applicant desires to change or appoint a new L.B.S. or L.B.A. under any unavoidable circumstance the same may be granted with prior information to the Calcutta Municipal Corporation.
### 31. Power of the Municipal Commissioner to cancel permission :
If, at any time after the permission is obtained under these regulations the Municipal Commissioner is satisfied that such permission was granted in consequence of material misrepresentation or fraudulent statement contained in the application made under regulations 14 and 16 or in the plan, elevation or section or specification submitted therewith, he may cancel such permission. Any work done thereunder shall be deemed to have been done without permission :
Provided that before making any such order, the Municipal Commissioner shall give a reasonable opportunity to the person affected as to why such order should not be made.
### 32. Restriction on application of certain provisions :
Notwithstanding the provisions of regulation 27, no permission shall be required for
(a) erection or re-erection of boundary wall, not exceeding 1.50 m. in height from the level of the centre of the nearest road /means of access;
(b) cornice/sunshade/caves not exceeding 30 centimetres in width;
(c) reconstruction of an existing wall, without change of dimension;
(d) replacing damaged Asbestos roof or C.I. roof or R.T. roof without change of dimension and character;
(e) changing, damaged posts, pillars, doors, windows;
(f) conversion of service privy into sanitary privy;
(g) carrying out such other work as is necessary in the opinion of the Municipal Commissioner, for reasons to be recorded in writing to maintain the building in a condition of good repair or to secure or to prevent danger to human life :
Provided that for the works referred to in items (e) and (d) above, two copies of sketch plan in blue print, drawn to a scale as referred in regulation 19 be sent to the Municipal Commissioner prior to starting repair.
### 33. Building/permanent structure in thika tenanted land :
(a) In a thika tenanted land no permission for any work shall be granted for other than residential purpose. Mixed occupancy, if there be any, may be allowed when there is no abnoxious or hazardous trade in the premises.
(b) The Municipal Commissioner may grant permission for the following purposes, with the approval of the Mayor-in-Council :
(i) a public library;
(ii) a charitable dispensary;
(iii) a doctor's chamber;
(iv) a school/college or similar educational institution;
(v) a public W.C. urinal, bathing platform;
(vi) a public club:
(vii) any other public utility services;
(c) When addition and alteration is proposed to an existing thika tenanted structure, the existing use of structure may be allowed to continue, not-withstanding the fact that the same is being used for purpose other than residential. No permission shall be granted in thika tenanted land where there is obnoxious/hazardous trade.
### 34. Condition of site :
(a) No building or pucca structure, shall be allowed if the site is a tank-filled land, unless the Municipal Commissioner has caused the site to be examined and is satisfied that it is fit to be built upon from sanitary and engineering point of view.
(b) The site is dry and well-drained, to the satisfaction of the Municipal Commissioner.
(c) if the site is within five metres of a tank, no permission to erect a new building be granted, unless the Municipal Commissioner is satisfied that the applicant shall take such action as will prevent any risk of drainage of the building passing into the tank.
(d) The frontage of the site shall not be less than five metres provided that the Municipal Commissioner may relax the provision of the sub-regulation, considering the merit of the proposed construction and may fix height of the building/structure to be erected.
(e) No overhead encroachment shall be permitted on any public street/ passage.
### 35. Correctness of the boundary and legacy of the existing structure (in case of dispute/clarification) :
The following documents shall be taken into consideration :
A certificate of the thika Controller and any registered Deed of Conveyance or Lease Deed or Certificate of the Municipal Commissioner.
Note : As per provision under sub-section (2) of section 11 of the Calcutta thika Tenancy (Acquisition and Regulation) Act, 1980 to provide proportionate space to Bharatias, any dispute arising out of allocation such proportionate space to Bharatias, decision of the MIC with the recommendation of the thika Controller shall be conclusive.
### 36. (a) No such building on permanent structure exceeding 6.50 m. in height shall be constructed on such a street or passage which is less than 2.40 metre in width :
Provided that in the case of a narrower street, the applicant/owner shall set back and keep so much area of land which falls within 1.20 m. from centre line of such road open to sky without raising any boundary wall for all times to come and to be part and parcel of the passage by surrendering the interest of that portion of land to the thika Controller. The applicant shall have to execute and register a deed of declaration and/or undertaking to that effect to the Calcutta Municipal Corporation, in case of such building not exceeding 6.50 m. in height excluding the stair-cover not exceeding 2.40 m. in height :
Provided further that in the case of permanent structures abutting on 2.4 metres width of road/passage, height exceeding 6.5 metres may be allowed having light weight sloped roof at the 3rd storey in which case there shall be a set-back of 1.3 metre at the 3rd storey level in front side of the building.
(b) No such building or permanent structure exceeding 6.50 m. but not exceeding 9.5 m. in height with stair-cover not exceeding 2.4 m. in height shall be constructed on such a street or passage which is less than 5 metres in width :
Provided that in the case of narrower street width such sanction may be given, provided the applicant/owner agrees to undertake by a registered deed of declaration to set back so much of land which falls within 2.5 m. from centre line of such road/passage open to sky for all times to come without raising any boundary wall to be part and parcel of the passage by surrendering the interest of that portion to the Thika Controller. The applicant shall have to execute and register a deed of declaration and/or undertaking to that effect to the Calcutta Municipal Corporation.
### 37. Height of the Building (excluding 60 cm. of plinth):
(0 In a thika tenanted land, no building or pucca structure exceeding height of 9.50 m. shall be allowed (excluding stair-cover of the height of 2.4 m.).
(ii) In a thika tenanted land, no building or pucca structure exceeding height of 9.50 m. shall be allowed (excluding stair-cover of the height of 2.4 m.) :
Provided that the MIC, on having proper recommendations from the thika Controller, may consider erection of building of height not exceeding 13.0 m. in the thika tenanted lands, not declared as "Bustee" as defined in the Calcutta Municipal Corporation Act 1980 :
Provided further that the MIC on having proper recommendations from the thika Controller may consider erection of buildings of height not exceeding 13.0 m. proposed for Housing Schemes to be constructed by Government, Statutory body or any other local body.
(iii) For any building within thika tenanted land having exceeding 9.50 metres, the Calcutta Municipal Corporation Building Rules, as apply in general building in areas other than thika tenanted lands, shall apply.
### 38. Front open space :
Every building shall have front open space at ground, forming an integral part of the site of a minimum width of 30 cm. in the narrowest part. In case of addition on existing building having no such front open space, necessary set-back to provided 30 cm. from open shall be made.
### 39. Rear open space :
Every building or permanent structure in thika tenanted land shall have a rear open space at ground forming an integral part of site, as per the following chart :
| | | |
| --- | --- | --- |
|
|
Rearopenspace
|
Permissibleheight
|
|
1
|
1.20 m. (Minimum) |
…..
|
6.50 m. height of the building, excluding stair-cover not
exceeding 2.4 m. in height.
|
|
2
|
2.200m (Minimum) |
…..
|
Exceeding 6.5m. But not exceeding 9.50m in height of the
building, excluding stair-cover not exceeding 2.40m. In height.
|
Note : (a) The wider street shall be front of a site and side opposite to it shall be rear. In special circumstances, the Municipal Commissioner may allow the narrower street to be considered as front.
(b) In case of a tandem site furthest away from the access shall be deemed to be rear and the side opposite to rear shall be deemed to be front and from space in such case shall be not less than 60 cm.
Explanation.-"Tandem site" means, a site access to which is by means of a passage from a street, whether such passage forms part of the site or not.
### 40. Side Open Space :
There shall be an open space extending along the entire length of such side and forming part of the site of the building, as per the following chart :
| | |
| --- | --- |
|
Height of the Building
|
Width of the side open space
|
|
Not exceeding 6.50m.
|
…..
|
On one side and 0.70m on the side,
|
|
Exceeding 6.50m., but not exceeding 9.50m.
|
…..
|
On one side and 0.70m. On the side.
|
Provided that if the site abuts on more than one street having the narrower street less than 2.4 m in width, the applicant/owner shall have to keep open such strip of land so as to make the narrower street/passage 1.2 m. from centre line, and in that event the applicant/owner will not have to leave side space on that side of the street and such strip of land shall not be built upon by any boundary wall and the like.
### 41. Plinth :
The height of the plinth shall not be less than 60 cm. and not more than 90 cm. from the centre of the nearest street/passage.
### 42. Sizes of rooms :
Every room intended for human habitation including Kitchen, Bath and W/C shall have an area of following size :
| | | |
| --- | --- | --- |
|
|
Typeofroom
|
MinimumSize
|
|
A.
|
Multipurpose room including kitchen
|
|
12.5m2. Having a minimum width of 2.40m.
|
|
B.
|
Bed room
|
…
|
4 m. x 2.4 m.
|
|
C.
|
Kitchen
|
|
|
|
D.
|
Bath and W.C. (combined) |
...
|
1.8 m. x 1.0 m.
|
|
or
|
|
|
|
(a) |
Bath
|
...
|
1.00m. x 1.2m.
|
|
(b) |
W.C.
|
...
|
0.9m. X 1.0m.
|
In the case of more than two units in a single plot besides row of housing each dwelling unit shall not be less than 16.00 m and not more than 40.00 m.
### 43. Height of Rooms :
The height of all rooms for human habitation shall not be less than two metres and seventy centimetres (2.70 m.), measured from the surface of the floor and lowest point of the ceiling :
Provided that in the case of sloped roof clear height from the bottom of purline runners/ties measured from the floor of the room shall not be less than 2.4 metres.
Note : (i) A ledge not exceeding 60 cm. in width may be permitted provided minimum 2.10 m. clear height from floor is kept.
(ii) In the case of sloped roof, the height of the building shall be measured up to the top of the wall where the lower part of the roof rests.
### 44. Ventilation of inhabited rooms :
(a) For purpose of ventilation, every room in a masonry building or permanent structure shall have window and doors, opening directly into the external air or into an open verandah, having opening not less than 10 per cent of the floor area of rooms.
(b) Width of each flight of stair shall not be less than 90 cm.
### 45. The roof of the building shall be so constructed either flat or sloped made of approved roofing material, as to permit effectual drainage of rain water therefrom by means of sufficient rainwater pipes or gutters.
Note : Precautions shall be taken to ensure that no rain water or drain water flow to adjoining buildings, or on any public street.
### 46. Foundation :
Design of foundation shall be as the provisions of the National Building Code of India. No encroachment under public road/street shall be allowed.
### 47. Loading :
Loading shall be assumed as per the provisions of the National Building Code of India.
### 48. Thickness of wall :
Every load bearing wall of the building or permanent structure in thika tenanted land, shall have a minimum thickness of wall in brirks as per table below :
| | | | |
| --- | --- | --- | --- |
|
|
|
Thickness(in cm)
|
|
|
Height of the building (in metres)
|
Length of wall (in metres
|
Ground floor
|
First floor
|
Second floor
|
|
Up to 6.50 metres
|
10 metres
|
20cm.
|
20cm.
|
-
|
|
Above 6.50 m. but not exceeding 9.5m.
|
10 metres
|
30cm.
|
20cm.
|
20cm.
|
In the case of structure/R.C.C. columns buildings, the minimum thickness of external walls shall be 20 cm.
The Municipal Commissioner, where he considers necessary may suitably relax and adjust the specification of this regulation regarding thickness of walls, subject to the satisfaction of the structural engineer, on the basis of the provisions of the National Building Code.
### 49. (a) Every wall or building shall have a damp-proof course at the level of he plinth.
(b) Such damp-proof course may consist of sheet load asphalt slate or any other material impervious to moisture.
### 50. Materials :
All materials shall conform to the provisions of the National Building Code.
### 51. Sanitation and other services :
(I) There shall be adequate arrangements of bath and W.C. in each dwelling unit. In case there is any arrangement of community bath and W.C. the same shall be properly indicated in the plan proposed for sanction. The Municipal Commissioner, on being satisfied, may relax the provisions for individual bath and W.C. in the case of such arrangement for community bath and W.C. situated nearby.
(ii) All septic tanks shall be as per specifications determined by the Municipal Commissioner. At least one W.C. is to be provided for 15 users or part thereof on each floor.
(iii) All water supply lines and drainage lines shall be as per specification as determined by the Municipal Commissioner.
### 52. Unauthorised constructions :
In a thika tenanted land, provisions of sections 400 to 402 of the Calcutta Municipal Corporation Act, 1980 and/ or sub-section (2) of section 7 of the Calcutta thika Tenancy (Acquisition and Regulation) Act, 1981 shall apply. For application of this regulation, a "pucca structure" in thika tenanted land, shall be deemed "building" as defined in the Calcutta Municipal Corporation Act, 1980.
### 53. Insecure buildings/structures in thika tenanted land :
For all insecure or dilapidated buildings, huts or structures in a thika tenanted land, provisions of the Calcutta Municipal Corporation Act, 1980 shall apply. For application of this regulation, a "building or "pucca structure" in thika tenanted land shall be deemed as "building" as defined in the Calcutta Municipal Corporation Act, 1980.
### 54. Exemptions :
The following construction in a thika tenanted land shall be exempted from the operation of the provisions of the Calcutta Municipal Corporation Act, 1980, notwithstanding anything contained in regulations 36 and 40 :
(a) a boundary wall not exceeding height of 1.50 m. from the level of the centre of the nearest road, street or passage;
(b) a pump room not exceeding an area of 1.5 m. by 1.5 m. by 2 m. height;
(c) electric motor room (1 m. by .5 m. by 2 m. height);
(d) parapet wall on roof, not exceeding 1.2 meter in height;
(e) a stair-cover not exceeding 2.4 meter in height.
### 55. These regulations shall not apply in the case of works involving necessary repair of a building, provided such repairs do not change the character of the building or the purpose for which it was sanctioned and/or erected and do not contravene the provisions of any of these regulations :
Provided that seven days' notice and two copies of plan in blue print to a convenient scale shall be given to the Municipal Commissioner indicating therein the proposed repairing work along with the employment of L.B.A./ L.B.S. for supervision or the repair work.
Note : Necessary repair includes reconstruction of masonry wall, partition wall, floor of room, and closing of any door or window in external wall.
### 56. Not less than seven days before any person commences to erect a new building or to re-erect or to make addition to or alteration of a building, he shall send to the Municipal Commissioner a written notice in the following form specifying the date on which it is proposed to commence the work. A copy of the notice shall also be send to the thika Controller by the thika tenant who erected.
Notice for commencement :
I hereby give notice that the erection/re-erection/addition to/material alteration in/of building No .....................at Premises No ...........on plot No ......................in colony/street/road/lane/sarani .................. in Ward No ..................... in Borough No ..............
will be commenced on .............. as per your permission/sanction. vide No ............. dated .................. under the supervision of L.B.A./L.B.S. No .................class ............... and in accordance with plans sanctioned vide No ..................
dated ...............
Signature of Owner/thika Tenant
Signature of L.B.A./LB.
Name ...................... Name of the owner ...............
Licence No.... ....... Address ..............
Class ..........................
Date .........................
### 57. Within one month after the completion of the erection/re-erection/ additions and alterations of an existing building the owner of the building shall send a written notice in the following form informing such completion, duly signed by owner and the L.B.A./L.B.S. A copy of the certificate shall also be sent to the thika Controller by the owner/thika tenant who erected :
Building Completion Certificate :
I hereby certify that the erection/re-erection/addition or alteration in/of pudding No. ................ in Borough No ..........has been supervised by me and has been completed on............according to the plans sanctioned, vide B.S. No. ....................dated .................
The work has been completed to the best of my satisfaction. The workmanship and the materials (type and grade) have been used strictly in accordance with general and specifications. No provisions of the Calcutta Municipal Corporation Act, 1980 and the rules and regulations made thereunder have been transgressed in the course of the work. The building is fit for use for which it has been created/re-erected or altered, constructed and enlarged.
Signature of L.B.A./L.B.S. Signature of Owner/thika Tenant
Name........................
Licence No........................
Class........................
Address........................
Date........................
Name........................
Address........................
Date........................
### 58. The Municipal Commissioner or any officer or other employees, duly authorised, may inspect at any time during and after the erection of any building and within one month after receipt of notice and certificate sent under regulations 55 and 56 without giving previous notice of his intention to do so and take appropriate actions as per the Calcutta Municipal Corporation Act, 1980 and the rules and regulations made thereunder.
Sd/- Provat Kumar Ghosh,
Municipal Secretary.
\*Abbreviations in the above notification as used are indicated by full words. This is annexed herewith.
Annexure
Abbreviations used in the Notification are indicated by full words
L.B.S.Licensed Building Surveyor
L.B.A.Licensed Building Architect
C.M.C.Calcutta Municipal Corporation
C.I.T.Calcutta Improvement Trust
C.M.D.A.Calcutta Metropolitan Development Authority
C.I. RoofCorrugated Iron Roof
R.T. RoofRanigunj Tile Roof
W.C.Water Closet
R.C.C.Reinforced Cement Concrete
B.S.Building Sanction.
|
65b9946fab84c7eca86e962d | acts |
State of Meghalaya - Act
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The Garo Hills Autonomous District (Administration of Justice) Rules, 1953
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MEGHALAYA
India
The Garo Hills Autonomous District (Administration of Justice) Rules, 1953
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Rule THE-GARO-HILLS-AUTONOMOUS-DISTRICT-ADMINISTRATION-OF-JUSTICE-RULES-1953 of 1953
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* Published on 24 March 1953
* Commenced on 24 March 1953
The Garo Hills Autonomous District (Administration of Justice) Rules, 1953
Published vide Notification No. GDC E/53/52/20, dated 24th March, 1953
Last Updated 19th February, 2020
Notification No. GDC E/53/52/20, dated 24th March, 1953. - In pursuance of paragraph 11 of the Sixth Schedule to the Constitution of India, the following Rules made by the Garo Hills District Council with the previous approval of the Governor of Assam under sub-paragraph (4) paragraph 4 of the said Sixth Schedule are hereby published-
Chapter I
Preliminary
--------------------------
### 1. Short title, extend and commencement.
(1) These Rules may be called the Garo Hills Autonomous District (Administration of Justice) Rules, 1953.
(2) These Rules shall apply to the whole of the Garo Hills Autonomous District.
(3) They shall come into force at once, but the Courts constituted under these Rules shall commence functioning from such date as the Executive Committee may, by notification in the Gazette, appoint in this behalf, hereinafter referred to as "the appointed day".
### 2. Definitions.
- In these Rules, unless there is anything repugnant or the context otherwise requires,-
(a) "autonomous district" means a tribal area deemed as such under paragraph 1 (1) of the Sixth Schedule to the Constitution of India, and the term "district" shall be construed accordingly;
(b) "Constitution" means to the Constitution of India;
(c) "District Council" means the District Council of the Garo Hills autonomous district constituted under the provisions of the Sixth Schedule to the Constitution and in accordance with the Assam Autonomous Districts (Constitution of District Councils) Rules, 1951;
(d) "Gazette" means the Assam Gazette;
(e) "Executive Committee" means the Executive Committee of the Garo Hills District Council constituted under the Assam Autonomous Districts (Constitution of District Councils) Rules, 1951, and the terms "Chief Executive Member" and "Member of the Executive Committee" shall be construed accordingly;
(f) "Governor" means the Governor of Assam;
(g) "High Court" means the High Court of Assam;
(h) "Schedule Tribe or Tribes" means such tribe or tribes as are specified by order by the President of India under Article 342 (1) of the Constitution as modified by law made by Parliament from time to time in so far as the specification pertains to the autonomous district of Assam;
(i) "Village" means the entire area with the jurisdiction of a Laskar or an area declared as such by the District Council;
(j) "Village Council" means a Village Council Constituted for a village under Rule 5.
### 3. Interpretation.
- Except where the context otherwise requires, the General Clauses Act, 1897 and the Assam General Clauses Act, 1915, shall apply for the interpretation of these rules, as they apply for the interpretation of an Act of Parliament or of the Legislature of the State of Assam, as the case may be.
Chapter II
Constitution of Village Councils
------------------------------------------------
### 4. Constitution of Village Councils.
(1) There shall be a Village Council for each village within the jurisdiction of the District Council, to be composed in the manner hereinafter provided in sub-rule (2) of this rule.
(2) Each Village Council shall be composed of-
(a) the Laskar of the village to be recognised by the District Council,
(b) elders, half of whom shall be nominated by the Executive Committee and the other half elected by the adult members of the village, the number of elders for each Village Council being determined by the District Council:
Provided that in case the election of elders to constitute a Village Council or Councils under this sub-rule cannot be held due to any reason considered unavoidable by the Executive Committee but the circumstances demand the immediate constitution of such a Village Council or Councils, the Executive Committee may also nominate the other half of the total number of elders of such Council or Councils, and the elders so nominated shall hold office for a period not exceeding two years from the date of the first meeting of the Council or Councils.
(3) There shall be a President and a Vice-President of each Village Council. The President and the Vice-President shall be elected by the members of the Village Council from amongst themselves by a majority of votes.
(4) Every Village Council shall have a life of five years from the date of its first meeting unless dissolved earlier by the District Council.
(5) For the purpose of this rule, the District Council shall publish in the Gazette a list of village within its jurisdiction.
Chapter III
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Constitution of Courts
### 5. Classes of Courts.
- There shall be three classes of Courts, as specified below, in the areas within the Garo Hills autonomous district, to be constituted by the District Council for the trial of suits and cases between the parties all of whom belonging to a Scheduled Tribe or Tribes within such areas other than suits and cases to which the provisions of sub-para (1) of para 5 of the Sixth Schedule to the Constitution apply-
(i) Village Courts.
(ii) Subordinate District Council Courts.
(iii) District Council Court.
I-Village Courts
### 6. Village Courts.
(1) Each Village Court shall ordinarily consist of-
(a) the Laskar of the village or in the case of a non-Laskar Village member of the Village Council nominated by the District Council.
(b) two members of the Village Council who shall be elected by the Council by a majority of votes :
Provided that the District Council may, whenever it deems necessary, appoint three persons from amongst the members of the Village Council to sit as a Bench of the Village Court for the trial of any particular class or classes of suits and cases;
Provided further that until such time a Village Court or Courts is or are constituted under this rule, the Laskar of a Village, either recognised or appointed as such by the District Council, shall exercise the powers of a Village Court under these Rules.
(2) The Laskar of the Village, and in case of a non-Laskar Village the member nominated by the District Council, shall ordinarily be the ex-officio President of the Village Court:
Provided that in case of a Laskar Village the District Council may, whenever it deems necessary, nominate a person other than the Laskar of the Village as the President of the Village Court and in such even the Laskar shall not be a member of the Village Court.
(3) The jurisdiction of a Village Court shall extend to the hearing and trial of suits and cases arising within the territorial limits of the village.
(4) There shall be a Secretary to the Village Court to be appointed by the Executive Commissioner of the District Council in consultation with the Village Court and District Council Court.
(5) The tenure of the office of the members of a Village Court, except the ex-officio member shall, be coterminous with the tenure of the office of the members of the Village Council. But retiring members shall be eligible for re-election. In the event of the dissolution of a Village Council, the members of the Village Court under that Council, shall continue to be members of the Court, until new members are elected, in accordance with these rules.
II-Subordinate District Council Courts
### 7. Subordinate Court.
(1) The Headquarters of the Subordinate District Council Court shall be at Tura. Each Court shall be presided over by the Judicial Officer appointed by the District Council with the approval of the Governor and the Judicial Officer shall also act as Recorder of the Court:
Provided that the Chief Executive Member or a member of the Executive Committee or any other Member of the District Council shall not be entitled to hold office as Judicial Officer;
Provided further that the District Council may, whenever it deems necessary, direct two or more Judicial Officers to sit together as a Bench and may by order invest such Bench with any of the powers conferred or conferrable by or under these rules on judicial officer and direct it (Bench) to exercise such powers for the trial of particular suits and cases or particular class or classes of suits and cases arising within the Garo Hills autonomous district, and in that case all references to a Judicial Officer shall be construed as reference to the said Bench;
Provided also that the District Council may, whenever it deems necessary, nominate two or more local elders well conversant with the tribal usages and customary laws, to sit with the Judicial Officer of the Court as a Bench and may by order invest such Bench with any of the powers conferred or conferrable by or under these rules on a Judicial Officer, and direct it (Bench) to exercise such powers for the trial of suits and cases based on the tribal customary laws only.
(2) The jurisdiction of the Court at Tura shall extend to the hearing and trial of suits and cases arising within the Garo Hills autonomous district.
(3) The Executive Committee of the District Council shall provide the Subordinate Court with such clerical staff as may be required to enable the Court to keep all necessary records and registers and to issue summons in the name of the Court.
### 8. Provision for Additional Subordinate Court.
- Notwithstanding anything contained in Rule 7, the District Council with the previous approval of the Governor, may constitute by order notified in the Gazette an Additional Subordinate District Council Court or Courts with such powers, jurisdiction and seat as may be specified in the order, in respect of areas within the autonomous district and make consequential alteration in the jurisdiction of the Courts established under Rule 7.
### 9. Service of Judicial Officers.
- The conditions of service of the Judicial Officers of a Subordinate District Council or an Additional Subordinate District Council Court and the staff appointed therefor shall be regulated by the rules or order made or issued, as the case may be, under Rule 15 of the Assam Autonomous Districts (Constitution of District Councils), Rules, 1951.
III-District Council Court
### 10. District Council Court.
(1) There shall be one District council Court for the Garo Hills autonomous district which shall be called the Garo Hills District Council Court. It shall consist of such number of Judicial Officers as may be determined by the District Council with the previous approval of the Governor.
(2) The District Council may direct any two or more Judicial Officers to sit together as a Bench, and may by order invest such Bench with any of the powers conferred or conferrable by or under these rules on Judicial Officer, and direct it to exercise such powers in such class or classes of cases as the District Council thinks fit.
### 11. Appointment of Judicial Officer.
- The District Council shall appoint Judicial Officers of the District Council Court subject to the approval of the Governor:
Provided that the Chief Executive member or a Member of the Executive Committee or any other Member of the District Council shall not be entitled to hold office as Judicial Officer of the District Council Court.
### 12. Venue of Court.
- The District Council Court shall ordinarily sit at Tura. The Court may sit at such other place or places as may be directed by general or special order by the District Council for the disposal of a particular case or cases or class or classes of cases specified in the order.
### 13. Service condition of Judicial Officer.
- The conditions of service of the Judicial Officers of the District Council Court shall be regulated by the rules or order made or issued, as the case may be, or under Rule 15 of the Assam Autonomous Districts (Constitution of District Council) Rules, 1951.
Chapter IV
Powers of Courts
--------------------------------
I-Village Courts
### 14. Jurisdiction of Village Court.
- A Village Court shall try suits and cases of the following nature in which both the parties belong to a Schedule Tribe or tribes within its jurisdiction;
(a) Cases of civil and miscellaneous nature falling within the purview of village or tribal laws and customs;
(b) Criminal cases falling within the purview of tribal laws and customs and offences of petty nature, such as petty theft and pilfering, mischief and trespass of petty nature, simple assault and hurt, affront and affray of whatever kind, drunken or disorderly brawling, public nuisance and simple cases of wrongful restraint:
Provided that the Village Court shall not be competent to try offences in respect of which the punishment of imprisonment is obligatory under the Indian Penal Code.
### 15. Powers of Village Court.
(1) A Village Court shall not be competent to pass a sentence of imprisonment in any criminal case. It shall have power to impose a fine for any offence it is competent to try, up to a limit of Rs. 50 (Rupee fifty). It may award payment in restitution or compensation to the aggrieved or injured party in accordance with the customary law.
(2) In a civil case a Village Court shall have power to award all costs, as also compensation to those against whom unfounded or vexatious suits and cases have been instituted before the Court.
(3) The fines and payments imposed and ordered under sub-rules (1) and (2) may be enforced by distraint of the property of the offender.
### 16. Power of Village Court to order attendance.
- A Village Court shall have power to order in writing for attendance of the accused and the witnesses to be examined in the case and to impose a fine not exceeding Rs. 25 (Rupees twenty-five) on any person wilfully failing to attend when so ordered.
### 17. Realization of fine or payment.
- If any person on whom a fine or any payment has been imposed by a Village Court fails to deposit the amount at once or within such time as the Village Court may allow, the Court shall report the matter to the District Council for necessary action to realise the fine or dues in such manner as it may deem fit unless the accused person gives notes to appeal against such decision.
### 18. Reference to competent Court.
- Where a Village Court is of opinion that the sentence it is competent to pass in insufficient in the circumstances of the case it shall without delay refer the case to the competent Court, and that Court shall dispose of the case in accordance with these rules.
### 19. Appeal from orders of Village Court.
- An appeal shall lie to the Subordinate District Council Court or Additional Subordinate District Council Court from any order of sentence passed by a Village Court in a criminal case, or from the decision of the Village Court in any other case, if the appeal is preferred within sixty days of the conviction or sentence or decision of the Village Court. The Subordinate District Council Court or Additional Subordinate District Council Court while hearing the appeal, may either decide the appeal after perusal of the records of the case only or may try the case de novo.
II-Subordinate District Council Courts
### 20. Powers of Subordinate Court.
- Save as otherwise provided in the Constitution and in these Rules, a Judicial Officer appointed to preside over the Subordinate District Council Court shall exercise such powers as defined in Chapter III of the Code of Criminal Procedure, 1898, as may be invested upon him by the Executive Committee of the District Council with the prior approval of the Governor.
### 21. Original jurisdiction of Subordinate Court.
- A Subordinate District Council Court shall have original jurisdiction in all suits and cases in which both the parties do not fall within the local jurisdiction of the same Village Court, but within the areas under the jurisdiction of the Subordinate District Council Court and also in cases and suits referred to it by a Village Court under Rule 18.
The Subordinate District Council Court and the Additional Subordinate District Council Court, as the case may be, shall also have appellate jurisdiction in respect of all suits and cases tried by Village Courts.
### 22. Limit of Jurisdiction of Subordinate Court.
- A Subordinate District Council Court shall be competent to try suits and cases in which both the parties belong to a Schedule Tribe or Tribes resident within the jurisdiction of the Subordinate District Council Court other than the suits and cases referred to in Rule 23.
### 23. Cases beyond competence of Subordinate Court.
(1) A Subordinate District Council Court shall not be competent to try suits and cases-
(a) to which the provisions of sub-paragraph (1) of paragraph 5 of the Sixth Schedule to the Constitution apply, unless the Court has been authorised by the Governor to exercise such powers for the trial of particular class or class of cases and suits specified in that behalf by the Governor as required under the said sub-paragraph (1) of paragraph 5 of the Sixth Schedule;
(b) in which one of the parties is a person not belonging to a Schedule Tribe;
(c) in respect of offences-
(i) under Sections 124-A, 147 and 153 of the Indian Penal Code,
(ii) under Chapter X of the same Code in so far as they relate to the contempt of a lawful authority other than an authority constituted by the District Council,
(iii) of giving or fabricating false evidence, as specified in Section 193 of the same Code, in any case triable by a Court other than a Court constituted by the District Council under these rules.
(2) Unless specially empowered by the Governor by notification in the Gazette a Subordinate District Council Court shall not be competent to exercise powers in-
(a) case relating to the security for keeping the peace and good behaviour similar to those contemplated under Section 107 of the Code of Criminal Procedure, 1898;
(b) cases relating to the security for good behaviour from persons disseminating seditious matter similar to those contemplated under Section 108 of the same Code;
(c) case relating to the security for good behaviour from vagrants and suspected persons similar to those contemplated under Section 109 of the same Code;
(d) cases relating to the security for good behaviour from habitual offenders similar to those contemplated under Section 110 of the same Code;
(e) urgent cases of nuisance or apprehended danger similar to those contemplated under Section 144 of the same Code;
(f) disputes as to immovable property of the nature similar to that contemplated under Section 145 of the same Code;
(g) cases in which a public servant who is not removable from his office save by or with the sanction of the Government of Assam or some higher authority is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty.
### 24. Powers of existing Courts.
(1) Suits and cases referred to in Rule 23 shall continue to be tried and dealt with by the existing Courts until such time as the Governor deems fit to invest the Subordinate District Council Court with such powers by notification in the Gazette.
(2) For the purposes of this rule the "existing Courts" means the Courts of the Deputy Commissioner and his Assistants.
### 25. Reference to Deputy Commissioner.
- Whenever there is any likelihood of breach of peace or whenever any person accused of any offence involving a breach of peace, or of abetting the same or any person accused of committing criminal intimidation is convicted of such offence by any Court of the District Council and such Court is of opinion that it is necessary to require such person to execute a bond for keeping the peace, the matter shall be referred to the Deputy Commissioner who shall take necessary action in accordance with law.
### 26. Reference to Chief Executive Member.
- Whenever any Court of the District Council is informed that-
(a) any person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any wrongful act that may probably occasion a breach of the peace, or disturb the public tranquillity;
(b) there is within the limits of its jurisdiction any person who within or without such limits, either orally or in writing or in any other manner intentionally disseminates or attempts to disseminate, or in anywise abets the dissemination of-
(i) any seditious matters, that is to say, any matter the publication of which is punishable under Section 124-A or Section 153-A of the Indian Penal Code;
(ii) any matter concerning a Judge which amounts to criminal intimidation or defamation under the Indian Penal Code;
(c) any person is taking precautions to conceal his presence within the local limits of such Court's jurisdiction, and there is reason to believe that such person is taking such precautions with a vein to committing any offence; or there is any person within such limits who has no ostensible means of subsistence or who cannot give a satisfactory account of himself;
(d) any person within the local limits of the Court's jurisdiction-
(i) is by habit a robber, house breaker, thief or forger, or
(ii) is by habit a receiver of stolen property knowing the same to have been stolen, or
(iii) habitually protects or harbours thieves or aids in the concealment or disposal of stolen property, or
(iv) habitually commits, or attempts to commit or abets the commission of the offence of kidnapping, abducting, extortion, cheating or mischief or any offence punishable under Chapter XII of the Indian Penal Code or under Section 489-A, Section 489-B, Section 489-C, or Section 489-D of that Code, or
(v) habitually commits, or attempts to commit or abets the commission of offences involving a breach of the peace, or
(vi) is so desperate and dangerous as to render his being at large without security hazardous to the community,
the Court shall refer the matter to the Chief Executive Member for reference to the Deputy Commissioner, who shall, on such reference being made to him, deal with the case in accordance with law.
### 27. Reference to Chief Executive Member.
- In cases where, in the opinion of a Court of the District Council there is sufficient ground for proceeding under Section 144 of the Code of Criminal Procedure, 1898 and immediate preventive or speedy remedy is desirable, such Court shall refer the matter to the Chief Executive Member for making a reference to the Deputy Commissioner who shall on such a reference being made to him take such action as he considers necessary under the said section.
### 28. Reference to Deputy Commissioner.
- Whenever a Court of the District Council is satisfied that a dispute likely to course a breach of the peace exists concerning any land or water or the boundaries thereof, within the local limits of its jurisdiction, such Court shall refer the matter to the Deputy Commissioner through the Chief Executive Member and the Deputy Commissioner, whenever such a reference is made to him, shall take such action as he considers necessary under law.
### 29. Power to pass sentence.
- In criminal cases the Subordinate District Council Court or Additional Subordinate District Council Court may, subject to the provisions of the Constitution and of these rules, pass any sentence authorised by any law for the time being in force.
### 30. Appeal from decision of Subordinate Court.
- As appeal shall lie to the District Council Court from the decision of the Subordinate District Council Court or an Additional Subordinate District Council Court, in the exercise of their original or appellate jurisdiction, in any case, civil or criminal :
Provided that such appeals are accompanied by a copy of the order appealed against and a clear statement of the grounds of appeal and are filed within 60 days of the date of the orders, excluding the time required for obtaining a copy of the order appealed against.
III-District Council Court
### 31. Jurisdiction of District Council Court.
- Subject to the provisions of Rules 33 and 35, the District Council Court shall be a Court of Appeal in respect of all suits and cases triable by Subordinate District Council Courts, Additional Subordinate District Council Courts and Village Courts :
Provided that the Judicial Officer appointed to preside over the District Council Court, shall also exercise original jurisdiction to try cases and suits and shall exercise such powers as defined in Chapter III of the Code of Criminal Procedure, 1898, and such other powers conferred by or under these rules, as he may be invested with by the Executive Member of the District Council with the approval of the Governor for the disposal of the cases and suits arising within the territorial jurisdiction of the said Court.
### 32. Appellate and revisional powers of District Council Court.
(1) The District Council Court may, subject to the provisions of these rules, pass any order on appeal authorised by any law for the time being in force.
(2) The, District Council Court may call for and examine the record of any proceedings of a Subordinate District Council Court or an Additional Subordinate District Council Court or a Village Court and may enhance, reduce, cancel or modify any sentence of finding passed by such Court or remand the case for retrial.
### 33. Transfer of cases.
(1) If it appears to the District Council Court-
(a) that a fair and impartial inquiry or trial cannot be had in any Village Court or Subordinate District Council Court or an Additional Subordinate District Council Court, or
(b) that some question of law. Tribal or otherwise, of unusual difficulty is like to arise;
it may order-
(i) that any offence be inquired into or tried by another Village Court or Subordinate District Council Court or an Additional Subordinate District Council Court;
(ii) that any particular case or class of cases be transferred from one Village Court to another Village Court or from one Village Court to a Subordinate District Council Court or an Additional Subordinate District Council Court or from one Subordinate District Council Court or an Additional Subordinate District Council Court to another Subordinate District Council Court or air Additional Subordinate District Council Court;
(iii) that any particular case be transferred to and tried before itself.
(2) When the District Council Court withdraws for trial before itself any case from any Court other than the Court of origin it shall observe in such trial the same procedure which that Court would have observed, if the case had not been so withdrawn.
(3) The District Council Court may act either on the report of the lower Court or on the application of a party interested or on its own initiative.
### 34. Provision for release of offender.
(1) When any person is convicted of an offence which the District Council Court is competent to try under these rules, and no previous conviction is proved against the offender, if it appears to that Court, regard being has to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond with or without sureties to appear and receive sentence when called upon during such period not exceeding three years as the Court may direct and in the meantime to keep the peace and be of good behaviour;
Provided that, where any first offender is convicted by a Subordinate District Council Court and the Court is of opinion that the powers conferred by this rule should be exercised, it shall record its opinion to the effect, and submit the proceedings to the District Council Court forwarding the accused to, or taking bail for his appearing before such Court which shall dispose of the case in manner provided by Rule 35.
(2) in any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the Indian Penal Code punishable with not more than two years, imprisonment and no previous conviction is proved against him, the District Council Court before which he is so convicted may, if it thinks fit, having regard to the age, character, antecedent or physical or mental condition of the offender and to the trivial nature of offence or any extenuating circumstances under which the offence was committed, instead of sentencing him to any punishment release him after due admonition :
Provided that, where a person is convicted of such offence by a Subordinate District Council Court or Additional Subordinate District Council Court and no previous conviction is proved against him, and the Court is of opinion that the powers conferred by this rule should be exercised, it shall record its opinion to that effect and submit the proceedings to the District Council Court forwarding the accused to, or taking bail for his appearance before such Court which shall dispose of the case in manner provided by Rule 35.
(3) The provisions of Sections 122, 126-A and 406-A of the Code of Criminal Procedure shall apply mutatis mutandis in the case of sureties offered in pursuance of the provisions of this rule.
### 35. Passing of sentence or orders or reference.
- Where proceedings are submitted to the District Council Court under Rule 24 such Court may thereupon pass such sentence or make such orders as it might have passed or made if the case had originally been heard by it and, if it thinks further inquiry or additional evidence on any point to be necessary, it may make such inquiry or take such evidence itself or direct such inquiry or evidence to be made or taken.
### 36. Warrant against offender.
(1) If the Court which convicted the offender, or a Court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognisance, it may issue a warrant for his apprehension.
(2) An offender when apprehended on any such warrant shall be brought before the Court issuing the warrant as soon as may be within a period of twenty-four hours of apprehension excluding the time necessary for the journey from the place of apprehension to such Court and such Court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence. Such Court may, after hearing the case, pass sentence.
(3) A warrant for the apprehension of an offender under sub-rule (1) shall ordinarily be directed to a police officer, but the Court may, if its immediate execution is necessary, direct it to any other person or persons, and such person or persons shall executive the same.
### 37. Place of offender.
- The Court directing the release of on offender under sub-rule (1) of Rule 34 shall be satisfied that the offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observation of the conditions.
### 38. Government appeal.
(1) In a criminal case the District Council or the Governor may direct an appeal to be presented to the District Council Court from any order passed by a Village Court or a Subordinate District Council Court or an Additional Subordinate District Council Court.
(2) An appeal under sub-rule (1) shall be presented within 90 days of the date of order appealed against, excluding the time needed for obtaining a copy of the order.
Chapter V
Procedure
------------------------
I-Village Courts
### 39. Trial in Village Court.
- A Village Court shall try all suits and cases in accordance with the customary laws of the Village.
### 40. Procedure for decision.
- A Village Court shall try all cases in open Darbar in the presence of at least three witnesses and of the complainant and the accused and shall decide the issue by simple majority of votes. After hearing both parties and their witnesses, if any, it shall pronounce a decision forthwith.
Provided that the President shall have a casting vote where there is a tie.
### 41. Notices of Village Court.
- All notices required to be given by the Village Court to parties to a suit and their witnesses shall be in writing and for a fixed day not exceeding eight days from the day it is given.
If a case be postponed, it shall be fixed for a day not exceeding 15 days from the date of the order of postponement, and the case may be subsequently adjourned for a period not exceeding 7 days at a time on good cause shown. The order shall be made known to the person concerned or to some adult members of his family, and failing this, shall be openly proclaimed at the place where he is or was known to be, or shall be communicated to him or any member of his family by a written notice, in sufficient time to allow him to appear.
### 41A. Power of Village Court to pass an ex parte order.
- A Village Court may pass an ex parte order, if it is satisfied that any of the parties is wilfully absenting itself from appearing in the Court.
### 41B. Adjournment in Village Court.
- If any party seeks an adjournment of the hearing of a case, the Court may grant such an adjournment and may in its discretion order payment by the party seeking adjournment, of an adjournment cost, not exceeding Rs. 10 which cost, when paid, shall be appropriated to the District Council Fund.
### 42. Proceedings of Village Court.
(1) The proceedings of a Village Court shall be in writing.
(2) Registers of all suits and cases disposed of by a Village Court shall be kept by the Court in the forms in Appendix I.
### 43. Power to carry out decision.
- A Village Court may carry out its decision or may, subject to the provisions of Rule 56, order attachment of property as soon as judgement is pronounced, but in no case is property so attached to be sold, if the party concerned claims to appeal within 60 days, without the orders of the District Council Court.
II-Subordinate District Council Courts and District Council Court
### 44. Application of Criminal Procedure Code.
(1) In criminal cases the procedure of the Subordinate District Council Courts, Additional Subordinate District Council Court and the District Council Court shall, subject to the provisions of this rule, be in the spirit of the Code of Criminal Procedure, 1898, so far as it is applicable to the circumstances of the district and not consistent with these rules. The chief exceptions are-
(2) Wherever a Court constituted under these rules requires, in course of the discharge of its functions, the services of the regular police which is at the disposal of the Deputy Commissioner, that Court may send a requisition for such services to the Deputy Commissioner who will generally comply with such requisition unless he considers the compliance to be not possible for any special reasons.
(3) Summons on any person residing outside the jurisdiction of the Garo Hills autonomous district or on a person who does not belong to a Scheduled Tribe shall be issued by a Court other than the High Court, through the Deputy Commissioner of the district.
(4) A note of the substance of all the proceedings in cases tried before them must be kept by the District Council Court, the Subordinate District Council Courts and the Additional Subordinate District Council Courts in the form prescribed in Appendix II.
In cases in which a sentence of imprisonment of not less than three months is imposed full note of the evidence and proceedings must be kept.
(5) There shall be no preliminary enquiries by regular or village police unless the District Council Court or Subordinate District Council Court or Additional Subordinate District Council Court sees fit to direct one.
(6) Recognisance to appear need not be taken unless it seems necessarily to the District Council Court or Subordinate District Council Court or Additional Subordinate District Council Court.
(7) Examinations and proceedings in the Subordinate District Council Court or Additional Subordinate District Council Court or District Council Court generally shall be in English or in any of the recognised languages of the District.
(8) It shall not be necessary to examine witnesses upon oath or affirmation unless the accused so desired. It shall suffice if the District Council Court or Subordinate District Council Court or Additional Subordinate District Council Court at the commencement of any trial, informed the accused that, if he so requires, the witnesses will be put on oath. It is, however, at all time optional with the Court to put witnesses, on oath or affirmation but witnesses, whether on oath or affirmation or not, shall be punishable for giving false evidence.
### 45. Maintenance of Registers.
- In addition to such other Registers as may be directed by the High Court, the following Registers shall be kept in the District Council Court, the Subordinate District Council Courts and the Additional Subordinate District Council Courts in the forms prescribed in Appendix III-
(1) Register of Petitions.
(2) Register of Crimes
(3) Register of Criminal Cases disposed of.
(4) Register of Fines
### 46. Adjudication of civil cases.
(1) In all civil cases the District Council Court, the Subordinate District Council Courts and the Additional Subordinate District Council Courts shall adjudicate according to law, justice, equity and good conscience consistent with the circumstances of the case.
(2) It shall be discretionary to examine witnesses on oath or affirmation in any form or to warm them that they are liable to punishment for perjury if they state that which they know to be false.
### 47. Deposit of expenses.
- Any Court before which an appeal in a civil suit is filed may, before admitting the appeal, order the deposit by the appellant of all reasonable expenses likely, in the opinion, of the Court, to be incurred by the respondent in the hearing of the appeal or may order security to be given for such expenses, and if the appellant be a judgement-debtor, may also order security to be given for part or the whole of the decretal amount.
### 48. Application of C.P.C.
- In civil cases, the procedure of the District Council Court or the Subordinate District Council Court, or the Additional Subordinate District Council Court shall be guided by the spirit, but not bound by the letter, of the Code of Civil Procedure, 1908 in all matters not covered by recognised customary laws or usages of the District.
### 49. Transfer of decree.
- The decree of the Appellate Court in a civil case shall be transferred to the Court passing the original order for execution as a decree of its own.
### 50. No imprisonment for debt.
- There shall be no imprisonment for debt, except in case where the District Council Court or the Subordinate District Council Court or the Additional Subordinate District Council Court is satisfied that fraudulent disposal or concealment of property has taken place and in such cases the debtor may be detained for a period not exceeding six months.
### 51. Legal practitioners.
- Any legal practitioner may appear in any case before the District Council Court or Subordinate District Council Court or Additional Subordinate District Council Court:
Provided that in cases where an accused is not arrested the legal practitioner shall take previous permission of the Court for such appearance.
### 52. Appointment of Commissioner.
- Whenever, in the course of an inquiry, trial or other proceedings under these rules before any Court it appears that a commission ought to be issued for examination of a witness whose evidence is necessary for the ends of justice and that the attendance of such witnesses cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances or the case, would be unreasonable, such Court shall apply to the Deputy Commissioner stating the reasons for the application, and the Deputy Commissioner may either issue a commission or reject the application.
Chapter VI
Execution of Sentence, Decrees and Orders
---------------------------------------------------------
Execution
### 53. Execution of decrees and orders.
(1) Whenever a Village Court has sentenced an offender to pay a fine in a criminal case or has passed an order for the payment of any money by a person in a civil suit the Court may, subject to the provisions of Rule 38-
(a) issue a Parwana for the payment of the amount by the offender or tire person concerned; or
(b) may apply, in writing, to the Chief Executive Member of the District Council to realise the amount of execution according to civil process against the movable or immovable property, or both, of the defaulter.
(2) Where an application is made, under Clause (b) of sub-rule (1), to the Chief Executive Member, the application shall be deemed to be a decree and the Chief Executive Member to be the decree holder. He shall get the decree executed according to the spirit of the Civil Procedure Code.
(3) In the event of non-recovery of the amount of execution the Chief Execution Member may, by an application, move the Subordinate District Council Court or the Additional Subordinate District Council Court for the arrest and detention of the offender or the person concerned in execution of the decree.
(4) Whenever an application is made under sub-rule (3) the said Court may order for the arrest and detention of the offender or the person concerned in execution of the decree according to the spirit of the Criminal Procedure Code.
### 54. Application of C.P.C. and Cr.P.C.
(1) Subject to the provisions of Rules 44 and 48 Subordinate District Council Court or Additional Subordinate District Council Court or the District Council Court shall cause a sentence, order or decree passed by it, to be carried into effect in accordance with the procedure prescribed by the Code of Criminal Procedure, 1898, or the Code of Civil Procedure, 1908, as the case may be, references therein to the "Collector of the District" being construed as referring to the "Chief Executive Member of the District Council".
(2) Every warrant for the execution of a sentence of imprisonment shall be directed to the Officer in charge of the Jail maintained by the State Government in which the prisoner is, or to be confined through the Deputy Commissioner.
(3) When the prisoner is to be confined in a Jail, the warrant shall be lodged with the Jailor through the Deputy Commissioner.
### 55. Property of absconder.
- Whenever a Parwana (Warrant) is issued by a Court against a person who is absconding or is concealing himself in connection with any criminal proceedings, any property, movable or immovable, belonging to him is liable to attachment according to the civil process prescribed in Rule 56 of these rules.
Attachment of property
### 56. Attachment of property.
(1) Property, movable or immovable, belonging to the judgement-debtor over which or the profits of which he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgement-debtor or by another person in trust for him or in his behalf is liable to attachment and sale in execution of a decree :
Provided that houses, needful clothing, cooking utensils or implement whereby the owner subsists should not be attached or sold in execution of a decree unless themselves the subject matter of the case or suit. Land may be sold or temporarily transferred where custom admits of individual right in it being transferred.
(2) Nothing in this rule shall be deemed to exempt houses and other buildings (with the materials and the sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in execution of decrees for rent of any such house, building, site or land or if themselves be the subject of the suit.
(3) Subject to the provisions of Rule 42, the procedure for the attachment of the property shall be in the spirit of the Code of the Criminal Procedure, 1898 or the Code of Civil Procedure, 1908, as the case may be.
Miscellaneous
### 57. Detention of lunatic.
- Whenever any Court passes any order for the detention of a lunatic accused, the District Council Court shall refer the matter to the Deputy Commissioner, who shall deal with case following the sprit of the Code of Criminal Procedure, 1898 and in accordance with rules made by the Government of Assam under the Indian Lunacy Act, 1912.
### 58. Bar to trial.
- No Judicial Officer shall except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party or personally interested, and no Judicial Officer shall hear an appeal from any judgement or order passed or made by himself.
Explanation. - A Judicial Officer shall not be deemed to be a party or personally interested within the meaning of this rule to or in any case by reason only that he is a Member of any Town Committee or otherwise concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case.
### 59. Repeal and savings.
(1) The provisions of the Rules for the Administration of Justice and Police in the Garo Hills District published in the Government of Assam's Notification No. 2616-A.P., dated 29th March, 1937, as subsequently amended and adapted, in so far as they relate to the matters dealt with in these Rules hereby repealed with effect from appointed day.
(2) Notwithstanding such repeal every suit, appeal, application for revision, proceedings and other business relating to both civil and criminal justice pending on the appointed day with the village judicial functionaries or before the Court of the Deputy Commissioner, Garo Hills or his Assistants shall be transferred or deemed to have been transferred for disposal to the Court which would have been competent to entertain and dispose of such suit, appeal, application for revision, proceedings or business had these Rules been into force on the date of institution or commencement of the same and the latter Court shall deal with and dispose of the same in accordance with law.
Appendix I
[Vide Rule 42 (2) ]
I-Register of Petitions
### 1. Date................. ###
2. Name of petitioner.............................
### 3. Subject of petition......................... ###
4. Name of defendant..............................
### 5. Date for hearing............................... ###
6. Date of disposal and how disposed of viz.-
Decree for plaintiff or decree for defendant, or withdrawn, as the case may be.
II-Register of Cases
Names of parties....................
Subject of claim...................
Before what Court tried.............
In case proceeded with ex parte-whether notice on defendant is proved, or where both or all parties are present or represented, that they are so present to represented :
Statement of plaintiff......
Statement of defendant......
Evidence for plaintiff......
Evidence for defendant......
Judgement and finding of the Court........
Order as to costs......
III-Register of Executions
### 1. Date....... ###
2. Name of decree-holder............
### 3. Name of judgement-debtor.......... ###
4. Name of property to be attached.......
### 5. Date of issue of attachment....... ###
6. Date fixed for sale (and date to which sale may be postponed).......
### 7. Date of satisfaction of decree by sale of property or payment of amount due and receipt of decree-holders......... Appendix II
[Vide Rule 44 (4) ]
Criminal Cases
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Date of commission of the offence
|
Date of report or complaint
|
Name of complainant, if any
|
Name, parentage and residence of the accused
|
Offence complained of
|
Finding, and in case of conviction, reasons
therefor
|
Sentence or other final order
|
Date on which the proceedings terminated
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
|
|
|
|
|
|
|
|
|
Civil Suits
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Date of filing the suits
|
Name and address of plaintiff(s) |
Name and address of defendant(s) |
Claim
|
Findings of the Court
|
Date on which the proceedings terminated
|
|
Particulars
|
Amount or value
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
|
|
|
|
|
|
|
Appendix III
(Vide Rule 45)
I-Register of Petition, etc.
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Date
|
Serial No.
|
No. of case, if any, to which petition relates
|
Nature of document, if a petition, what for
|
Name of petitioner
|
Address of petitioner
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
Note 1. In column 4 for stating nature of document use P. for petitions PI. for plaints, E.P. for Execution petitions, O.P. for original petitions, Ap. for appeals. A. for affidavits, v. for Vakalatnama, etc.
Note 2. Petitions, etc. returned should be noted in the remarks column with date.
II-Register of Crimes
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Serial number, dated and section of First
Information Report, name (and if necessary address) of complaint
|
Date and time of occurrence with phase of moon
and day of week
|
Offence, modus operandi, cause or object of
crime, nature of weapons and implements used
|
Value of property
|
Name with aliases, parentage, caste and residence
of persons accused or suspected, with full grounds for suspicion
and cross references, if any
|
Full name and rank of Investigating Officer,
result of cases with name of Judicial Officer and date of
disposal
|
|
Stolen
|
Recovered
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
III-Register of Criminal Cases Disposed of
| | | |
| --- | --- | --- |
|
Serial No. of record
|
Name of judicial Officer
|
Serial No. of case in the
|
|
Register of Complaints or Offences
|
Judicial Officer's General Register of Cases
cognizable by the Police
|
Register of Unimportant Cases cognizable by the
Police in which the First Information Report is not used
|
Register of Miscellaneous
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Name of complainants
|
Name of accused
|
Nature of the case with Section of the Penal Code
or other Act applicable
|
Final order passed and details of sentence
|
Result of appeal or revision
|
Date of decision
|
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Names of proclaimed offenders nor arrested
|
Date when disposed of and shelved in the
Record-room
|
No. of shelf and rack in the Record-room
|
Date of destruction of files, and initials of
officers superintending destruction
|
Remarks
|
|
13
|
14
|
15
|
16
|
17
|
|
|
|
|
|
|
| | |
| --- | --- |
|
N.B. This list to be written in English
|
|
|
Date of despatch.........
|
Signature of the Officer of Despatching Court
|
|
Date of receipt.......
|
Signature of District Record-keeper
|
IV-Register of Fines
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Consecutive No. in month
|
No. of case
|
Name of officer imposing
|
Name and place of residence of offender
|
Offence and date of sentence
|
Amount of fine
|
Imprisonment
|
|
Substantive
|
In default of fine
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
|
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Amount remitted or written-off
|
Date of issue of warrant
|
Thana to which issued
|
Date of return of warrant
|
Amount realized and date of realization
|
Balance
|
Amount paid into District Fund and date of
payment
|
Signature of Cashier
|
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
|
|
|
|
|
|
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Signature of clerk in charge of the Fine Register
|
Signature of Fine Muharrir of Court to which the
entry relates
|
Signature of Judicial Officer
|
Date on which the notice of realization of fine
is sent to Jail
|
Date on which the notice is received back from
jail after amendment of warrant
|
Remarks
|
|
16
|
17
|
18
|
19
|
20
|
21
|
|
|
|
|
|
|
|
|
65b9762cab84c7eca86e9210 | acts |
State of Punjab - Act
-----------------------
The Punjab Minerals (Vesting of Rights) Rules, 2003
-----------------------------------------------------
PUNJAB
India
The Punjab Minerals (Vesting of Rights) Rules, 2003
=====================================================
Rule THE-PUNJAB-MINERALS-VESTING-OF-RIGHTS-RULES-2003 of 2003
---------------------------------------------------------------
* Published on 25 February 2003
* Commenced on 25 February 2003
The Punjab Minerals (Vesting of Rights) Rules, 2003
Government of Punjab Department of Industries Notification dated The 25th February, 2003
No. G.S.R.12/P.A.9/96/Section 8/2003. - In exercise of the powers conferred by Section 8 of the Punjab Minerals (Vesting of Rights) Act, 1994 (Punjab Act
9 of 1996
), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules, namely :-
Chapter I
-----------
Preliminary
### 1. (1) These rules may be called the Punjab Minerals (Vesting of Rights) Rules, 2003.
(2) They shall come into force on and with effect from the date of their publication in the official gazette.
### 2. In these rules, unless the context otherwise requires, -
(a) "Act" means the Punjab Minerals (Vesting of Rights) Act, 1994 (Punjab Act
No. 9 of 1996
);
(b) "Director" means the Director of Industries, Punjab and includes any officer authorised by the Director to perform all or any of the functions of the Director under these rules;
(c) "Form" means a Form appended to these rules;
(d) Section 3(1). "mineral bearing land" means such land in respect of which right to any minerals therein contained, is acquired under section 3;
(e) "person interested" includes all persons claiming an interest in the amount to be paid on account of the acquisition of right to minerals in any land under the Act;
(f) "section" means a section of the Act; and
(g) words and expressions used in these rules, but not defined shall have the same meaning as assigned to them in the Act.
Chapter II
------------
Liability to pay the amount in lieu of acquisition of right to minerals.
### 3. Liability to pay.
- Section 3 and 8. - (1) The State Government shall be liable to pay to every person interested such amount, as shall be payable under section 4.
(2) The Director shall collect, collate and tabulate the information in the month of April, every year in Form 'A'.
### 4. Furnishing of statement to Collector.
- Sections 3 and 8. - (1) The Director shall furnish to the Collector every year in the month of April, a statement of Form 'B' alongwith an extract from the notification, issued under Section 3 relevant to the mineral bearing land to which the statement pertains.
(2) The Director shall alongwith the statement mentioned in sub-rule (1) deposit in cash with the Collector, the amount specified in column (9) of Form 'B' for payment to the persons interested.
### 5. Calculation of royalty or dead rent.
- Sections 3 and 8. - In the case of mineral bearing land, which had been exploited by the State Government itself in the preceding year ending on 31st March, the State Government shall calculate the royalty or dead rent, whichever is higher, on the quantity of mineral or minerals, actually raised and removed from the mine or quarry and furnish the statement, mutatis mutandis, to the Collector in the Form and manner laid down in rule 4.
### 6. Public notice.
- Sections 3 and 8. - (1) On receipt of the statement mentioned in rules 4 and 5, the Collector shall cause public notice to be given at convenient places on or near the mineral bearing land concerned and shall also have a copy thereof affixed at the Panchayat Ghar of the village concerned.
(2) Every notice referred to in sub-rule (1), shall be given in Form 'C' and shall require all persons interested to appear personally or through an agent before the Collector at a time and place mentioned therein (such time not being earlier than thirty days after the date of issue of notice), and to file a claim showing the nature of their respective interest and their claim to the amount on the basis of such interest and objection, if any :
Provided that the Collector may entertain the claim, after the expiry of the stipulated of thirty days period, if he is satisfied that the person interested was prevented by sufficient cause from submitting the claim by the prescribed date.
(3) The Collector shall also serve a notice to the same effect on the owner and occupier of such land and on all such persons known or believed to be interested or their agents authorised to receive service on their behalf, within the district in which such land is situated.
(4) Where the person on whom notice is to be served, cannot be found, a copy of such notice shall, in addition to any other manner of service, be affixed in a conspicuous place of business of such person or be delivered to some adult members of his family.
(5) In case any person so interested resides outside the district, in which such land is situated and has no such agent, the notice under registered cover, shall be sent to him at his last known residence or address.
(6) The Collector may, also require any such person to make or deliver to him at the specified time and place (such time not being earlier than thirty days after the date of requisition), a statement containing, so far as may be practicable, the names of every other person possessing any interest in the mineral bearing land or any part thereof as a co-proprietor, sub-proprietor, mortgagee or otherwise and of the nature of such interest.
### 7. Summoning of witnesses.
- Sections 6 and 8. - For the purpose of enquiries under these rules, the Collector shall have power to summon and enforce the attendance of the witnesses, including the persons interested or any of them and to compel the production of documents by the same means, and so far as may be, in the same manner, as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).
### 8. Enquiry regarding objections and making of award.
- Sections 4 and 8. - (1) The Collector shall proceed to enquire into the objections, if any, which any person interested has stated pursuant to the notice given under rule 6, to the respective interests of the persons claiming the amount, and after making such enquiry, make an award of :-
(i) the true area of the mineral bearing land of each person known or believed to be interested in such land; and
(ii) the quantum of the amount payable to each of the persons known or believed to be interested in the mineral bearing land, of whose claim he has information whether or not they have respectively appeared before him.
(2) Where there are several persons interested, if such persons agree in the apportionment of the amount, the particulars of such apportionment shall be specified in the award, and the award shall be conclusive evidence of the correctness of the apportionment between such persons.
### 9. Payment of the amount awarded.
- Section 4. - (1) On making an award under rule 8, the Collector shall tender payment of the amount awarded by him to the persons interested according to the award, and shall pay it to them unless prevented by any of the contingencies, mentioned in the sub-rule (2).
(2) If the persons interested do not consent to receive it, or if there is no person competent to sell out the minerals in their land or if there be any dispute as to the title to receive the amount or as to the apportionment of it, the Collector shall not pay the same :
Provided that any person admitted to be interested, may receive such amount under protest :
Sub-section (3) of section 5. - Provided further that no person, who has received the amount otherwise than under protest, shall be entitled to make any application under section 5 :
Provided further that nothing herein contained shall affect the liability of any person, who may receive the whole, or any part of any amount awarded under these rules to pay the same to the person or persons lawfully entitled thereto.
### 10. Reference to court.
- Sections 5 and 8 Sub-section (3) of section 5. - In making the reference to the court in terms of Section 5 of the Collector shall, for information of the Court, state in writing, the following particulars, namely :-
(a) the situation and extent of the mineral bearing land with names of minerals acquired by the State Government ;
(b) the names of the persons, whom he has reason to believe that they are interested in minerals in such land ;
(c) the amount of money awarded under rule 8 ; and
(d) if there is an objection to the quantum of amount or regarding the persons to whom it is payable, the documents on the basis whereof such amount was determined or such persons were found entitled, as the case may be.
### 11. Limit of amount to be awarded.
- Sections 4 and 8. - Subject to the limits of the quantum of the amount payable under Section 4, if the applicant has made a claim to any amount pursuant to a notice under rule 6, the amount awarded to him by the Court, shall not exceed the amount so claimed.
|
65b98276ab84c7eca86e942e | acts |
State of Punjab - Act
-----------------------
The Jaagat Jot Sri Guru Granth Sahib Satkar Act, 2008
-------------------------------------------------------
PUNJAB
India
The Jaagat Jot Sri Guru Granth Sahib Satkar Act, 2008
=======================================================
Act 21 of 2008
----------------
* Published on 20 June 2008
* Commenced on 20 June 2008
The Jaagat Jot Sri Guru Granth Sahib Satkar Act, 2008
Punjab Act
No. 21 of 2008
Department of Legal and Legislative Affairs, Punjab, Notification, dated The 20th June, 2008
No. 24-Legislative/2008. - The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 09th June, 2008, and is hereby published for general information :-
An Act to provide for the prevention of printing, publication, storage, distribution or supply of the Birs of Jaagat Jot Sri Guru Granth Sahib by any person, other than the Shiromani Gurdwara Parbandhak Committee or any body, authorized by it with a view to ensure their sanctity and respect in accordance with the Sikh Rehat Maryada and for matters connected therewith or incidental thereto ;
Whereas it has been felt that while printing, publishing, storing, distributing and supplying the Birs of Jaagat Jot Sri Guru Granth Sahib, private persons are committing grammatical errors and misprinting the proper words and are not following the Sikh Rehat Maryada and are thus hurting the religious feelings of the Sikh masses ;
Whereas the Shiromani Gurdwara Parbandhak Committee is an esteemed and apex body of the Sikh masses and has recognition all over the world and is vested with the duty of due observance of the Sikh Rehat Maryada in all respects and therefore, it should be entrusted exclusively with the pious work of printing, publication, storage, distribution and supply of the Birs of Jaagat Jot Sri Guru Granth Sahib ;
Whereas it has been felt that incidents of sacrilege of the Birs of Jaagat Jot Sri Guru Granth Sahib at the time of their printing, publication, storage, distribution and supply by private persons have increased manifold ;
And whereas in these circumstances, it is deemed expedient that a law should be made to prevent the printing, publication, storage, distribution or supplying of the Birs of Jaagat Jot Sri Guru Granth Sahib by the private persons.
Be it enacted by the Legislature of the State of Punjab in the Fifty- eighth Year of the Republic of India as follows :-
### 1. Short title and commencement.
(1) This Act may be called the Jaagat Jot Sri Guru Granth Sahib Satkar Act, 2008.
(2) It shall come into force at once.
### 2. Definitions.
(1) In this Act, unless the context otherwise requires, -
(a) "Bir of Jaagat Jot Sri Guru Granth Sahib" means the holy scripture of the Sikhs, printed in any size or form and bound in one single volume, which is regarded as Word incarnate, the embodiment and presence manifest or spirit of the Ten Sikh Gurus ;
(b) "Deputy Commissioner" means an officer in-charge of a district, who is appointed as such by the State Government; and
(c) "Shiromani Gurdwara Parbandhak Committee" means the Committee, named as such by the Board, constituted under the provisions of Part Third of the Sikh Gurdwaras Act, 1925.
(2) The words and expressions used in this Act, but not defined, shall have the same meaning as assigned to them in the Sikh Gurdwaras Act, 1925.
### 3. Printing, publication, storage, distribution and supplying of the Birs of Jaagat Jot Sri Guru Granth Sahib.
(1) The Shiromani Gurdwara Parbandhak Committee or any body authorised by it, shall print, publish , store, distribute and supply the Birs of Jaagat Jot Sri Guru Granth Sahib.
(2) The intimation with regard to the volumes of the Birs to Jaagat Jot Sri Guru Granth Sahib whether finally printed or under process, existing at the time of the commencement of the Jaagat Jot Sri Guru Granth Sahib Satkar Act, 2008, with any person, shall be given by the person concerned in writing to the Deputy Commissioner within a period of fifteen days of coming into force of this Act.
(3) On receipt of the intimation, referred to in sub-section (2), the Deputy Commissioner shall constitute a Committee, consisting of the following members to assess and determine the Bheta of the existing volumes of the Birs of Jaagat Jot Sri Guru Granth Sahib, namely :-
(a) One member, to be nominated by the Shiromani Gurdwara Parbandhak Committee;
(b) One officer, who should be a Sikh, not below the rank of the Extra Assistant Commissioner, to be nominated by the Deputy Commissioner;
(c) One person, who should be a Sikh, engaged in the business of printing and publication, to be nominated by the Deputy Commissioner : and
(d) If a Sikh Officer or person of the categories mentioned in sub- clauses (b) and (c) above, is not available, then the Deputy Commissioner shall nominate another respectable Sikh Officer or person of any other local body or organization.
(4) The Committee, constituted under sub-section (3), shall assess and determine the Bheta of the volumes of the Birs of Jaagat Jot Sri Guru Granth Sahib referred to in sub-section (3) within a period of thirty days from the date of intimation, to be given under sub-section (2), and convey the same to the Deputy Commissioner and the person, who is in possession of those volumes.
(5) The Bheta, so assessed and determined, shall be paid by the Shiromani Gurdwara Parbandhak Committee to the person concerned within a period of thirty days from the date of assessment and determination, made by the said Committee.
Explanation : In this section, the term "Bheta" means the token consideration, received from any person by the Shiromani Gurdwara Parbandhak Committee or any body, authorized by it for distributing, providing or supplying the Birs of Jaagat Jot Sri Guru Granth Sahib.
### 4. Prohibition.
- No person, other than the Shiromani Gurdwara Parbandhak Committee or any body authorised by it, shall print, publish, store, distribute and supply the Bris of Jaagat Jot Sri Guru Granth Sahib after the commencement of the Jaagat Jot Sri Guru Granth Sahib Satkar Act, 2008.
### 5. Penalty.
- Whoever contravenes the provisions of this Act, shall be punished with imprisonment for a term, which may extend to two years and with fine, which may extend to fifty thousand rupees.
### 6. Protection of action taken in good faith.
- No suit, prosecution or other legal proceeding shall lie against the State Government or its officer or official in respect of anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act.
### 7. Repeal and saving.
(1) The Jaagat Jot Sri Guru Granth Sahib Satkar Ordinance, 2007 (Punjab Ordinance No. 9 of 2007), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance, referred to in sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of this Act.
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65ba9126ab84c7eca86ec210 | acts |
Union of India - Act
----------------------
Indian Stamp (Collection of Stamp-Duty through Stock Exchanges, Clearing Corporations and Depositories) Rules, 2019
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UNION OF INDIA
India
Indian Stamp (Collection of Stamp-Duty through Stock Exchanges, Clearing Corporations and Depositories) Rules, 2019
=====================================================================================================================
Rule INDIAN-STAMP-COLLECTION-OF-STAMP-DUTY-THROUGH-STOCK-EXCHANGES-CLEARING-CORPORATIONS-AND-DEPOSITORIES-RULES-2019 of 2019
------------------------------------------------------------------------------------------------------------------------------
* Published on 10 December 2019
* Commenced on 10 December 2019
Indian Stamp (Collection of Stamp-Duty through Stock Exchanges, Clearing Corporations and Depositories) Rules, 2019
Published vide Notification No. G.S.R. 901(E) , dated 10.12.2019
Last Updated 9th January, 2020
G.S.R. 901(E) . - In exercise of the powers conferred by section 73A of the Indian Stamp Act, 1899 (
2 of 1899
), the Central Government hereby makes the following rules to regulate the liability of instruments of transaction in stock exchanges and depositories to duty, namely: -
### 1. Short title and commencement.
(1) These rules may be called the Indian Stamp (Collection of Stamp-Duty through Stock Exchanges, Clearing Corporations and Depositories) Rules, 2019.
(2) They shall come into force on the [1st day of April 2020]
[Substituted '9 day of January, 2020' by Notification No. G.S.R. 19(E) , dated 8.1.2020 (w.e.f. 10.12.2019).]
.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires, -
(a) "Act" means the Indian Stamp Act, 1899 (
2 of 1899
);
(b) "buyer" means, -
(i) the person purchasing securities; or
(ii) the person buying the base currency (the first currency appearing in a currency pair quotation) in the forward leg; or
(iii) the person paying the fixed rate in a fixed-floating swap instrument; or
(iv) any one of the contracting persons in a floating-floating swap instrument; or
(v) borrower of repo on corporate bonds;
(c) "collecting agent" means a stock exchange or clearing corporation authorised by it or a depository which is empowered to collect stamp-duty on securities on behalf of the State Government in accordance with the provisions of the Act and these rules;
(d) "domicile State" means: -
(i) the State of the buyer as it appears in the "permanent address" in India on the settlement day, and in case the same is not available, as it appears in the "correspondence address" in India, as per the records of stock exchange or clearing corporation or depository ; or
(ii) in case the State of buyer is not available in the "permanent address" or "correspondence address" in India, the State having the registered office of the member, through whom the trade or transfer was executed, and in case the same is not available, the State having the registered office of the participant or custodian through whom the trade was effected.
(e) "first leg of the cash flow" in respect of a swap agreement means the notional or gross value of the contract for the buyer;
(f) "market transfer" means transfer of securities effected towards the completion of a transaction carried out on the stock exchange or as reported to the stock exchange or clearing corporation on which either the stock exchange or clearing corporation collects the required stamp-duty;
(g) "Member" means a trading member or broker of a stock exchange or a clearing member of a clearing corporation, who trades on behalf of his clients as well as for himself and shall include a trading-cum-clearing member or any person directly participating on the stock exchange as per the bye-laws of the stock exchange;
(h) "off-market transfer" means transfer of securities other than a market transfer;
(i) "participant" means a participant of a depository defined under clause (g) of sub-section (1) of section 2 of the Depositories Act, 1966 (
22 of 1996
);
(j) "principal officer" means any officer appointed either by name or by designation, by a collecting agent for the purposes of the Act and these rules;
(k) "seller" means the counter-party in a transaction with the buyer;
(l) "settlement day" means the day on which, -
(i) a transaction is settled by a stock exchange or an authorised clearing corporation, by completing the delivery of funds to the seller and delivery of underlying securities corresponding to those funds to the buyer; or
(ii) it is reported to a stock exchange or a clearing corporation specifying that the transaction in securities has been carried out provided the security is not held in dematerialised form with any of the depositories; or
(iii) an issue or transfer has been effected in a depository in respect of securities held in dematerialised form which may have to be later reported to the stock exchange or a clearing corporation.
### 2. Words and expressions used and not defined in these rules but defined in the Act, or the Securities Contracts (Regulation) Act, 1956 ( 42 of 1956
), the Securities and Exchange Board of India Act, 1992(15 of 1992), or the Depositories Act, 1996 (
22 of 1996
) or the Payments and Settlement Systems Act, 2007 (
51 of 2007
) and the rules and regulations framed there under, shall have the meanings respectively assigned to them in those Acts, rules and regulations.
### 3. Collection of stamp-duty by stock exchange or clearing corporation.
(1) The stamp-duty leviable under clause (a) of sub-section (1) of 9A of the Act in respect of sale of any securities made through the stock exchange including sale in respect of any listed units of any registered pooled arrangements or scheme, or tripartite repo, shall be collected on the settlement day, by a stock exchange or clearing corporation authorised by it, at the rates specified in Schedule I of the Act, from the concerned persons specified in section 29 of the Act.
(2) In case of option instruments including instruments with zero or near zero premium, the buyer of the option contract has to clearly identify premium payable by him on each constituent transaction and report it to the collecting agent.
(3) In case of the transactions arising from tender offer, open offer or offer for sale or private placements executed through stock exchange, the stamp-duty shall be collected from the offeror, on the market value of the security being acquired or sold out, at the offer price, once the offer is successfully completed.
(4) In case of transactions in securities reported to a stock exchange, the stamp-duty shall be collected on the entire sale consideration when transfer is reported, even if the consideration is paid in part or in instalments to be paid in future.
(5) In case of transactions reported by the depositories under sub-rule (6) of rule 5, the stock exchange shall not collect the stamp-duty.
(6) The sale consideration reported to a stock exchange shall be considered as the actual sale value.
(7) A stock exchange or a clearing corporation shall intimate the relevant depository about the market transfers executed on its platform on the day on which settlement obligation is determined by the clearing corporation, on which stamp-duty is leviable, in case of transactions involving securities held in dematerialised form.
(8) In the case of transactions which are merely reported to the stock exchange, the stamp-duty shall be collected by the stock exchange and the reporting intermediaries shall report domicile details of the clients to the stock exchange.
### 4. Determining transactions as on delivery basis or non-delivery basis, differential duty, etc.
(1) The nature of a particular transfer of securities through a stock exchange or clearing corporations whether to be treated as on delivery basis or on non-delivery basis shall be determined by the clearing corporation at the time of settlement, as per established principles governing delivery.
(2) In case of inter-operability of clearing corporations, the trades of a client across the stock exchanges shall be considered for determining whether the same would result in a delivery or not.
### 5. Collection of stamp-duty by depositories from transferor.
(1) The stamp-duty leviable under clause (b) of sub-section (1) of section 9A of the Act shall be collected before execution of all off-market transfers involving transfer of securities in the depository system including over the counter trades occurring in dematerialised or electronic form.
(2) A depository shall collect stamp-duty on the consideration amount specified by the transferor in the delivery instruction slip (electronic or otherwise) and the consideration as reported to the depository shall be considered as the actual consideration amount.
(3) In case of inter-depository off-market transfers, the transferee's depository shall intimate the transferor's depository, within one day, about the transferee's domicile State so as to enable the transferor's depository to remit the stamp-duty so collected to the buyer's State.
(4) A depository shall put in place a system for,-
(a) identifying market transfers and sale consideration;
(b) mandatory disclosure of the reasons for transfer of securities in its system and the consideration amount, if applicable, whether to be paid in full or in part, or in instalments to be paid in future.
(5) If the consideration is paid in part or in instalments, stamp-duty shall be collected by the depository on the entire sale consideration when a transfer is effected.
(6) A depository shall intimate the stock exchange or clearing corporation as the case may be, about those dematerialised transfers, which may have to be later reported to the stock exchange or clearing corporation, on which stamp-duty has already been collected by it.
(7) In the case of transfer of securities pursuant to invocation of pledge, duty shall be collected from the pledgee on the market value of the securities.
### 6. Collection of stamp-duty by depositories from issuer.
(1) The stamp-duty leviable under clause (c) of sub-section (1) of section 9A of the Act on creation of new security and change in records in the depository upon issue of securities shall be collected from issuer before executing any transaction in the depository system.
(2) Issuer of securities shall submit to the depository, the allotment list in respect of initial or further issue of securities or its private placement and purchases made after an open offer or tender offer or offer for sale, at the time of allotment of securities.
(3) A depository shall not collect stamp-duty on creation or destruction of securities on account of corporate actions such as stock split, stock consolidation, mergers and acquisitions, or such similar actions, etc., if it does not involve a change in beneficial ownership:
Provided that if there is a fresh issue to an investor as part of a corporate action, such issue shall be subject to stamp-duty.
(4) In case of transactions arising from tender offer or open offer or offer for sale or private placement conducted through a depository, stamp-duty shall be collected from the offeror, on the market value of the security being acquired or sold out, at the offer price, once the offer is successfully completed.
(5) In case of acquisition of shares of minority shareholders by majority shareholders under section 236 of Companies Act, 2013 (
18 of 2013
), implemented by way of a corporate action, the stamp-duty on such transfers shall be collected by the depository from the issuer, instead of from the transferor.
### 7. Transfer of stamp-duty to States.
(1) The collecting agent shall transfer the stamp-duty to the State Government in accordance with the provisions of sub-section (4) of section 9 of the Act.
(2) The collecting agent shall transfer the stamp-duty collected in the account of concerned State Government with the Reserve Bank of India or any scheduled commercial bank, as informed to the collecting agent by the Reserve Bank of India or the concerned State Government.
(3) The value of stamp-duty collected by collecting agent shall be rounded off to the nearest rupee, and for this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise, it shall be ignored.
(4) The collecting agent may deduct 0.2 per cent of the stamp-duty collected on behalf of the State Government towards facilitation charges before transferring the same to such State Government.
(5) The State Government may appoint a nodal officer for all official communications with the principal officers for the purposes of collection of stamp-duty in accordance with these rules.
(6) The collecting agent shall appoint a principal officer within fifteen days from the date of publication of these rules or within fifteen days of a notification issued under sub-clause (ii) of clause (27) of section 2 of the Act.
(7) The collecting agent shall take all necessary steps to implement the provisions of the Act and these rules and also disseminate the same on their websites.
(8) The stamp-duty collected on behalf of State Government shall not be utilised by any collecting agent for any other purpose and shall be transferred to the State Government along with interest earned on such amount, if any.
### 8. Return of stamp-duty.
(1) The collecting agent shall submit a return of stamp-duty collected on various transactions to the State Government including details of defaulters in the Form appended to these rules on a monthly basis to be furnished manually or electronically within seven days of the succeeding month.
(2) The collecting agent shall furnish a consolidated return of stamp-duty collected during a financial year manually or electronically on or before the 30th June immediately following that financial year to the concerned State Government and the Accountant General of each State.
(3) The State Government may provide an online facility by which a collecting agent shall upload State wise monthly and yearly returns.
(4) The return shall be signed and verified in the case of a collecting agent, -
(i) being a company, by the Managing Director or a designated Director thereof in his absence; and
(ii) in any other case, by the principal officer thereof.
### 9. Erroneous entries.
(1) If a transfer was erroneously indicated as not involving sale consideration and the person wishes to rectify it, he shall do so, by informing the collecting agent within three weeks from the end of the month and pay the required stamp-duty.
(2) If a person changes his domicile State, the collecting agent shall transfer the stamp-duty to that State Government as per the changed address, from the day the records of collecting agents are updated.
(3) If a transfer was erroneously made to a State Government or there is a statutory order or orders of the court for reversal of a transaction on which stamp-duty was already collected and transferred to the State Government, the collecting agent shall rectify the same by withdrawing an equivalent amount by making adjustments in the next immediate remittance occurring after the detection of the error, till such erroneous payments are compensated for, provided the concerned State Government has been informed in writing about the error or statutory orders or directions of the court in this regard and in case, the State Government is not satisfied with the reasons submitted by the collecting agent, it shall proceed against the collecting agent as per the provisions of the Act.
(4) Any fresh or revised demand of stamp-duty payable pursuant to any dispute or adjudication proceedings may be recovered by the State Government in accordance with the provisions of the Act.
Form
(See rule 8)
[Return of Stamp-Duty Collected (Monthly/yearly)]
Name of the stock exchange / depository:
Address of the stock exchange / depository:
Name of clearing corporation authorised to collect the Stamp duty:
Address of the authorised clearing corporation:
Period for which stamp-duty collection is being reported:
Details of stamp-duty collected:
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Security Code
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Nature of the security (debenture, share, etc.)
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Value of transactions on which stampduty is
leviable
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Rate of Stampduty applied
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Total billed amount of stamp-duty
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Total stampduty collected
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Total stamp-duty not recovered
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Remarks, if any
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Details of transfer of stamp-duty:
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Total Stamp-duty collected (A) |
Amount of facilitation charges deducted (B) |
Total Amount transferred to the State Government
(A-B)
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Details of defaulters:
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Details of the defaulters
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Remarks, if any
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Name
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Address
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PAN
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Verification
I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (full name in block letters), son/ daughter of \_\_\_\_\_\_\_\_\_\_\_ solemnly declare to the best of my knowledge and belief that the information given in this Form is correct and complete and that the total value of stampduty collected on the transactions and other particulars shown therein are truly stated and the same are in accordance with provisions of Part AA of Chapter II of the Indian Stamp Act, 1899 (
2 of 1899
) and the Indian Stamp (Collection of Stamp-Duty through Stock Exchanges, Clearing Corporations and Depositories) Rules, 2019.
I further declare that I am making this return in my capacity as \_\_\_\_\_\_\_\_\_\_\_\_ and also competent to make this return and verify it.
(Name and signature of authorised officer of collecting agent)
Date:
Place:
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65ba8de1ab84c7eca86ec0b1 | acts |
Union of India - Act
----------------------
The U.P. Entertainment and Betting Tax (Gazetted) Service Rules, 1992
-----------------------------------------------------------------------
UNION OF INDIA
India
The U.P. Entertainment and Betting Tax (Gazetted) Service Rules, 1992
=======================================================================
Rule THE-U-P-ENTERTAINMENT-AND-BETTING-TAX-GAZETTED-SERVICE-RULES-1992 of 1992
--------------------------------------------------------------------------------
* Published on 23 May 1992
* Commenced on 23 May 1992
The U.P. Entertainment and Betting Tax (Gazetted) Service Rules, 1992
Published vide Notification U.P. Gazette, Part (1-Ka), dated 18-7-1992, Notification vide No. 2138/10-M.K.-30-E.B.-36(1) -58, dated 23rd May, 1992
Last Updated 26th July, 2019
Part I – General
------------------
### 1. Short title and commencement.
(1) These rules may be called the Uttar Pradesh Entertainment and Betting Tax (Gazetted) Service Rules, 1992.
(2) They shall come into force at once.
### 2. Status of the Service.
- The Uttar Pradesh Entertainment and Betting Tax (Gazetted) Service is a State service comprising Group 'A' and Group 'B' posts.
### 3. Definitions.
- In these rules, unless there is anything repugnant in the subject or context,-
(a) "appointing authority" in relation to a post of District Entertainment Tax Officer means the Commissioner, Entertainment and in relation to other posts means the Governor;
(b) "citizen of India" means a person who is or is deemed to be a citizen of India under Part II of the Constitution;
(c) [ "Commissioner" means Commissioner, Entertainment and Betting Tax, Uttar Pradesh.]
[Substituted by Notification No. 1771/10-M.K. 93-30-EB-36 (1) / 58-T.C., dated 29th July, 1993.]
(d) "Constitution" means the Constitution of India;
(e) "Deputy Commissioner" means Deputy Commissioner, Entertainment and Betting Tax, Uttar Pradesh;
(f) "Government" means the State Government of Uttar Pradesh;
(g) "Governor" means the Governor of Uttar Pradesh;
(h) "member of the service" means a person substantively appointed under these rules or the rules or orders in force prior to the commencement of these rules to a post in the cadre of the service;
(i) "Service" means the Uttar Pradesh Entertainment and Betting Tax (Gazetted) Service;
(j) "substantive appointment" means an appointment not being an ad hoc appointment, on a post in the cadre of the Service, made after selection in accordance with the rules and, if there are no rules, in accordance with the procedure prescribed for the time being by executive instructions issued by the Government;
(k) "year of recruitment" means a period of twelve months commencing from the first day of July of a calendar year.
Part II – Cadre
-----------------
### 4. Cadre of Service.
(1) The strength of the service and of each category of posts therein shall be such as may be determined by the Government from time to time.
(2) The strength of the service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1), be as given in Appendix to these rules:
Provided that-
(1) the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post without thereby entitling any person to compensation, or
(2) the Governor may create such additional or permanent or temporary posts from time to time as he may consider proper.
Part III – Recruitment
------------------------
### 5. Source of recruitment.
- Recruitment to various categories of posts in the Service shall be made from the following sources :
(1) Deputy Commissioner. - By promotion, through Departmental Selection Committee, from- amongst such substantively appointed Assistant Commissioners as have completed at least two years of service as such on the first day of the year of recruitment.
(2) Assistant Commissioner. - By promotion, through Departmental Selection Committee, from amongst such substantively appointed District Entertainment and Betting Tax Officers as have completed at least three years of service as such on the first day of the year of recruitment.
(3) [ District Entertainment and Betting Tax Officer. - By promotion, through the Departmental Selection Committee, from amongst such substantively appointed Entertainment Tax Inspectors Grade-I as have completed at least seven years of service as such on the first day of the year of recruitment.]
[Substituted by Notification No. 1771/10-M.K.-93-30-EB36 (1) /58-T.C., dated 29-7-1993.]
### 6. Reservation.
- Reservation for candidates belonging to Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of recruitment.
Part IV – Procedure for Recruitment
-------------------------------------
### 7. [ Determination of vacancies.
[Substituted by Notification No. 1771/10-M.K.93-30-EB-36(1) /58-T.C., dated 29th July; 1993 and published in U.P. Gazette, Part 1-Ka, dated 25th September, 1993.]
- The Appointing Authority shall determine the number of vacancies to be filled during the course of the year of recruitment and also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other categories under rule 6.]
### 8. Procedure for recruitment by promotion.
- [(1) Recruitment by promotion to the post of District Entertainment Tax and Betting Tax Officer shall be made on the basis of seniority subject to the rejection of unfit through the Departmental Selection Committee comprising :
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(i) |
Commissioner
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Chairman.
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(ii) |
An officer of the Institutional Finance Department, Uttar
Pradesh Shasan not below the rank of Deputy Secretary, to be
nominated by the Principal Secretary, and if there is no
Principal Secretary, by the Secretary, Institutional Finance
Department.
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Member.
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(iii) |
Deputy Commissioner, nominated by the Commissioner.
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Member]
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[Substituted by Notification No. 1771/10-M.K.93-30-EB-36(1) /58-T.C., dated 29th July; 1993 and published in U.P. Gazette, Part 1-Ka, dated 25th September, 1993.]
(2) Recruitment by promotion to the posts of Deputy Commissioner and Assistant Commissioner shall be made, on the basis of merit, through the Departmental Selection Committee as constituted below :
(i) Secretary to Government in Institutional Finance Department,
(ii) Secretary to Government in Personnel Department,
(iii) Commissioner.
The Senior Secretary shall be the Chairman of the Committee.
(3) The appointing authority shall prepare eligibility lists of the candidates in accordance with the Uttar Pradesh Promotion by Selection on Posts Outside the Purview of the Public Service Commission (Eligibility List) Rules, 1986 and place the same before the Selection Committee along with their character rolls and such other records, pertaining to them, as may be considered proper.
(4) The Selection Committee shall consider the cases of candidates on the basis of records referred to in sub-rule (3), and if it considers necessary, it may interview the candidates also.
(5) The Selection Committee shall prepare list of selected candidates in accordance with an order of the Government in force at the time of recruitment, and forward the same to appointing authority.
Part V – Appointment, Probation, Confirmation and Seniority
-------------------------------------------------------------
### 9. Appointment.
(1) Subject to the provisions of sub-rule (2), the appointing authority shall make appointment by taking the names of candidates in the order in which they stand in list prepared by the Commission or the Selection Committee, as the case may be, under rule 8.
(2) If more than one order of appointment are issued in respect of any one selection, a combined order shall also be issued, mentioning the names of the persons in order of seniority as it stood in the cadre from which they are promoted.
### 10. Probation.
(1) A person on substantive appointment to a post in the Service shall be placed on probation for a period of two years.
(2) The appointing authority may, for reasons to be recorded, extend the period of probation in individual cases specifying the date up to which the extension is granted :
Provided that, save in exceptional circumstances the period of probation shall not be extended beyond one year and in no circumstances beyond two years.
(3) If it appears to the appointing authority any time during or at the end of the period probation or extended period of probation that a probationer has not made sufficient use of his opportunities or has otherwise failed to give the satisfaction, he may be reverted to his substantive post, if any, and if he does not hold a lien on any post his services may be dispensed with.
(4) A probationer who is reverted under sub-rule (3) shall not be entitled to at compensation.
(5) The appointing authority may allow continuous service rendered in an officiating or temporary capacity in a post included in the cadre or any other equivalent or higher post, to taken be into account for the purpose of computing the period of probation.
### 11. Confirmation.
(1) Subject to the provision of sub-rule (2) a probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation, if-
(a) his work and conduct are reported satisfactory;
(b) his integrity is certified; and
(c) the appointing authority is satisfied that he is otherwise fit for confirmation.
(2) Where, in accordance with the provisions of the Uttar Pradesh State Government Servants Confirmation Rules, 1991, confirmation is not necessary, the order under sub-rule (3) of rule 5 of these rules declaring that the person concerned has successfully completed the probation shall be deemed to be the order of confirmation.
### 12. Seniority.
- The seniority of persons in any category of posts in the Service shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991, as amended from time to time.
Part VI – Pay etc.
--------------------
### 13. Scale of pay.
(1) The scales of pay admissible to persons appointed to various categories of posts in the service shall be such as may be determined by the Government from time to time.
(2) The scales of pay at the time of the commencement of these rules are given below :
| | | |
| --- | --- | --- |
|
Serial No.
|
Name of post
|
Scale of pay\*
|
|
(1) |
Deputy Commissioner.
|
Rs. 3,000-100-3,500-E.B.-125-4,500.
|
|
(2) |
Assistant Commissioner.
|
Rs. 2,200-75-2,800-E.B.-100-4,000.
|
|
(3) |
District Entertainment and Betting Tax Officer
|
Rs. 2,000-60-2,300-E.B.-75-3,300
|
\*For latest pay scale, please see current G.O.
### 14. Pay during probation.
(1) Notwithstanding any provision in the Fundamental Rules to the contrary, a person on probation, if he is not already in permanent Government service, shall he allowed, his first increment in the time scale when he has completed one year of satisfactory service and second increment after two years service when he has completed the probationary period and is also confirmed :
Provided that, if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority directs otherwise.
(2) The pay during probation of a person, who was already holding a post under the Government, shall be regulated by the relevant Fundamental Rules :
Provided that, if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority directs otherwise.
(3) The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules applicable to Government servants generally serving in connection with the affairs of the State.
### 15. Criteria for crossing efficiency bar.
- No person shall be allowed to cross the efficiency bar unless,-
(i) his work and conduct is found to be satisfactory,
(ii) he has thorough knowledge of the laws and rules pertaining to the Department,
(iii) he has worked diligently and to the best of his ability, and
(iv) his integrity is certified.
Part VII – Other Provisions
-----------------------------
### 16. Canvassing.
- No recommendations, either written or oral, other than those required under the rules applicable to the post or service, will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment.
### 17. Regulation of other matters.
- In regard to the matters not specifically covered by these rules or special orders, persons appointed to the service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State.
### 18. Relaxation from the conditions of service.
- Where the State Government is satisfied that the operation of any rule regulating the conditions of service of persons appointed to the Service causes undue hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions, as it may deem necessary for dealing with the case in a just and equitable manner :
Provided that where a rule has been framed in consultation with the Commission, that body shall be consulted before the requirements of the rule are dispensed with or relaxed.
### 19. Savings.
- Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time to time in this regard:
Appendix
[See Rule 4(2) ]
| | | |
| --- | --- | --- |
|
Serial No.
|
Name of post
|
Number of post
|
|
Permanent
|
Temporary
|
Total
|
|
1
|
2
|
3
|
4
|
5
|
|
1
|
Deputy Commissioner
|
1
|
1
|
2
|
|
2
|
Assistant Commissioner
|
11
|
1
|
12
|
|
3
|
District Entertainment and Betting Tax Officer
|
31
|
9
|
40
|
|
65b9050bab84c7eca86e8287 | acts |
State of Sikkim - Act
-----------------------
ICFAI University Sikkim Act, 2004
-----------------------------------
SIKKIM
India
ICFAI University Sikkim Act, 2004
===================================
Act 9 of 2004
---------------
* Published on 4 October 2004
* Commenced on 4 October 2004
ICFAI University Sikkim Act, 2004
(Act No. 9 of 2004)
Last Updated 18th March, 2020
[Dated 4.10.2004.]
An Act to establish and incorporate an University in the State, with emphasis on providing high quality and industry relevant education in the areas of Accounting, Financial Analysis and Management, Business Management, Applied Sciences and Technology, Law, Education, Medical Sciences and related areas sponsored by The Institute of Chartered Financial Analysts of India (ICFAI) , Hyderabad, Andhra Pradesh and to provide for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of Sikkim in the Fifty-fifth Year of the Republic of India as
Chapter I
Preliminary
--------------------------
### 1. Short title, and commencement.
(1) This Act may be called [the ICFAI University Sikkim Act]
[Substituted for the words 'The Institute of Chartered Financial Analysts of India University Sikkim Act' by Act No. 4 of 2017.]
, 2004.
(2) 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) "Academic Council" means the Academic Council of the University;
(ii) "AICTE" means the All India Council for Technical Education established under section 3 of the All India Council for Technical Education Act, 1987;
(iii) [\* \* \*]
[Omitted by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
(iv) " Annual Report" means the Annual report of the University as referred to in section 44 of the Act ;
(v) " Board of Governors" means the Board of Governors of the University constituted under section 20 of the Act ;
(vi) " Board of Management" means the Board of Management of the University as constituted under section 21 of the Act ;
(vii) "Chancellor" means the Chancellor of the University appointed under section 13 of the Act;
(viii) [\* \* \*]
[Omitted by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
(ix) " development fund" means the development fund of the University established under section 42 of the Act ; .
(x) "Distance Education System" means the system of imparting education through any means of information technology and communication such as multimedia, broadcasting, telecasting, online over Internet, other interactive methods, e-mail, Internet, computer, interactive talk back, e-learning, correspondence course, seminar, contact program or a combination of any two or more of such means;
(xi) "endowment fund" means the endowment fund of the University established under section 40 of the Act;
(xii) "employee" means employee appointed by the University and includes teachers and other staff Of the University or of.a constituent college;
(xiii) "faculty" means the faculty of the University;
(xiv) " Finance Officer" means the Finance Officer of the University appointed under section 17 of the Act ;
(xv) " general fund" means general fund of the University established under section 41 of the Act ;
(xvi) "Prescribed" means prescribed by the Statutes and the rules made under this Act ;
(xvii) [\* \* \*]
[Omitted by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
(xviii) "Regional Center" means a center established or maintained by the University for the purpose of co-ordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such center by the Board of Management;
(xix) " Registrar" means the Registrar of the University appointed under section 16 of the Act;
(xx) "rules".means the rules of the University made under this Act ;
(xxi) "Sponsor" means the Institute of Chartered Financial Analysts of India which is registered as a Society under the Andhra Pradesh (Telangana Areas) Public Societies Registration Act, 1350 Fasli ( Act I of 1350 F) at Hyderabad, Andhra Pradesh (Registration No. 1602 dated 20th October, 1984);
(xxii) "State" means the State of Sikkim;
(xxiii) "State Government" means the State Government of Sikkim;
(xxiv) "Statutes" means the Statutes of the University;
(xxv) "Study Centre" means a center established, maintained or recognized by the University for the purpose of adviSing, counselling or for rendering any other assistance including training, conducting contact classes and administering examinations required by the students;
(xxvi) "teacher" means a Professor, Associate Professor, Assistant Professor/Lecturer or such other person as may be appointed for imparting instruction or conducting research in the University [\* \* \*]
[The Words 'or in a constituent college or institution and includes the Principal of a constituent college or institution' were Omitted by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
, in conformity with the norms prescribed by the University Grants Commission ;
(xxvii) [\* \* \*]
[Omitted by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
(xxviii) "The CPA Certificate and Designation" mean the Certified Public Accountant Certificate and Designation, conferred by the University or by an agency duly authorized by the University upon the successful candidates of the Certified Public Accountant Program administered by the University or by an agency duly authorized by the University ;
(xxix) [\* \* \*]
[Omitted by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
(xxx) "The Society of Certified Public Accountants" means the Society which is registered under the Andhra Pradesh ( Telangana Area) Public Societies Registration Act, 1350 Fasli ( Act I of 1350 F) at Hyderabad, Andhra Pradesh (Registration No. 5575 dated August 17, 2001)
(xxxi) "UGC" means the University Grants Commission established under the University Grants Commission Act, 1956;
(xxxii) "University" means the Institute of Chartered Financial Analysts of India University, established under this Act;
(xxxiii) "Vice - Chancellor" means the Vice-Chancellor of the University appointed under section 14 of the Act;
(xxxiv) "Visitor" means the Visitor of the University referred to in section 12 of the Act.
Chapter II
The University and its Objects
----------------------------------------------
### 3. Proposal for the establishment of the University.
(1) The Sponsor shall have the right to establish the UniverSity in accordance with the provisions of this Act.
(2) An application containing the proposal to establish a University shall be made to the State Government by the Sponsor.
(3) The proposal may contain the following particulars, namely:-
(a) The objects of the University along with the details of the Sponsor ;
(b) the extent and status of the University and the availability of land ;
(c) the nature and type of programs of study and research to be undertaken in the University during a period of the next five years ;
(d) (sic)
(e) the campus-development such as buildings,equipment and structural amenities;
(f) the phased outlays of capital expenditure for a period of the next five years;
(g) the item-wise recurring expenditure, sources of finance and estimated expenditure for each student ;
(h) the scheme for mobilizing resources and the cost of capital thereto and the manner of repayments to each source ;
(i) the scheme of generation of funds internally through the recovery of fee from students,revenues anticipated from consultancy and other activities relating to the objects of the University and other anticipated incomes ;
(j) the details of expenditure on unit cost, the extent of concessions or rebates in fee,freeship and scholarship for students belonging to economically weaker sections and the fee structure indicating varying rate of fee, if any, that would be levied on non-resident Indians and students of other nationalities ;
(k) the years of experience and expertise in the concerned discipline at the command of the Sponsor as well as the financial resources ;
(l) the system for selection of students to the courses of study at the University; and
(m) status of fulfillment of such other conditions as may be required by the State Government to be fulfilled before the establishment of the University.
### 4. Establishment of University.
(1) Where the State Government, after such inquiry as it may deem necessary, is satisfied that the Sponsor has fulfilled the conditions specified in sub-section (2) of Section 3, it may direct the Sponsor, to establish an endowment fund.
(2) After the establishment of the endowment fund, the State Government may, by notification in the Official Gazette, accord sanction for establishment of the University.
(3) The headquarters of University shall be in Sikkim and it may have campuses or Regional Centres, Study Centres [anywhere in the State of Sikkim]
[Substituted by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
with approval of the Board of Governors.
(4) The Chancellor, the Vice-Chancellor, members of the Board of Governors, members of the Board of Management and the Academic Council for the time being holding office as such in the University so established, shall constitute a body corporate and can sue and be sued in the name of the University.
(5) On the establishment of the University under sub-section (2), the land and other movable and immovable properties acquired, created, arranged or built by the University for the purpose of the University in the State of Sikkim shall vest in the University.
(6) The land, building and other properties acquired for the University shall not be used for any purpose other than that for which the same is acquired.
### 5. University not to be entitled to financial assistance.
- The University shall be self-financing and shall neither make a demand nor shall be entitled to any grant in-aid or any other financial assistance from the State Government or any other body or corporation owned or controlled by the State Government.
### 6. Constituent Colleges and Affiliated Colleges.
- The University may have [\* \* \*]
[the words 'constituent colleges' were omitted by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
, Regional Centers and Study Centres. The University may, with the prior approval of the Board of Governors, affiliate any college or other institution.
### 7. Object of the University.
- The objectives for which the University is established are as follows :-
(a) To provide instruction, teaching, training and research in specialized fields of Finance and Management including Financial Analysis [\* \* \*]
[the words 'leading to the CFA Charter and Designation' were omitted by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
, Accounting (leading to the CPA Certificate and Designation), Banking, Insurance, Financial Services, Financial Management, Business Management, Law, Education, Medical Sciences, various branches of Science and Technology and related subjects and make provisions for research, advancement and dissemination of knowledge therein ;
(b) to establish a campus in the State of Sikkim and to have study centers, campuses and 'examination centers [anywhere in the State of Sikkim]
[the words 'at different places in India and abroad' were Substituted by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
;
(c) to offer continuing and [approved by UGC/erstwhile DEC]
[the words 'distance education programs' were Substituted by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
;
(d) to institute degrees, diplomas, charters, certificates and other academic distinctions on the basis of examination or any other method of evaluation ;
(e) to collaborate with other colleges or universities, research institutions, industry associations, professional associations including [\* \* \*]
[The words 'the Council of Chartered Financial Analysys' were Omitted by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
and the Society of Certified Public Accountants or any other organisation, in India or abroad, to conceptualize, design and develop specific educational and research programs, training programs and exchange programs for students, faculty members and others ;
(f) to disseminate knowledge through seminars, conferences, executive education programs, community development programs, publications and training programs ;
(g) to undertake programs for the training and development of faculty members of the University and other institutions in India or abroad ;
(h) to undertake collaborative research with any organization in India or abroad ;
(i) to create higher levels of intellectual abilities ;
(j) to provide consultancy to industry, Government and Public Organization ;
(k) to ensure that the standard of the degrees, diplomas, charters, certificates and other academic distinctions are not lower than those laid down by the University Grants Commission (UGC), All India Council for Technical Education (AICTE), Bar Council of India (BCD, the Distance Education Council (DEC), the Dental Council of India (DCI), the Indian Nursing Council (INC), the Medical Council of India (MCI), the National Council for Teacher Education (NCTE) and the Pharmacy Council of India (PCI) and other National Accreditation bodies ;
(l) to do all things necessary or expedient to promote the above objectives ;
(m) to pursue any other objective as may be approved by the State Government.
### 8. Powers of the University.
(1) The University shall have the following powers, namely :-
(a) To establish, maintain and recognize such Regional Centres and Study Centres [anywhere within the State of Sikkim]
[The words were Inserted by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
as may be determined by the University from time to time in the manner laid down by the Statutes ;
(b) to carry out all such other activities as may be necessary or feasible in furtherance of the object of the University ;
(c) to confer degrees, diplomas, charters, certificates or other academic distinction and professional designations including [\* \* \*]
[The words 'the CFA Charter and Designation' were Ommited by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
, the CPA Certificate and Designation in the manner and under conditions laid down in the Statutes ;
(d) to institute and award fellowships, scholarships and prizes etc., in accordance with the Statutes ;
(e) to demand and receive such fees, bills, invoices and collect charges as may be fixed by the Statutes or rules, as the case may be ;
(f) to make provisions for extra curricular activities for students and employees;
(g) to make appointments of the faculty, officers and employees of the University [\* \* \*]
[The words 'or a constituent college, affiliated colleges, Regional Centres, Study Centres located in India and abroad' were Ommited by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
;
(h) to receive donations and gifts of any kind and to acquire, hold, manage, maintain and dispose of any movable or immovable property, including trust and endowment properties for the purpose of the University [\* \* \*]
[The words 'or a constituent college' were Ommited by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
, or a Regional Centre, Study Centre ;
(i) to institute and maintain halls and to recognize places of residence for students of the University [\* \* \*]
[The words 'or a constituent college at the main campus and other campuses in India and abroad' were Ommited by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
;
(j) to supervise and control the residence, and to regulate the discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including their Code of Conduct ;
(k) to create academic, administrative and support staff and other necessary posts ;
(l) to co-operate and collaborate with other Universities and Institutions in such a manner and for such purposes as the University may determine from time to time ;
(m) to offer programs on distance learning basis and continuing education and the manner in which such programs are offered by the University ;
(n) to organize and conduct refresher courses, orientation courses, workshops, seminars and other programs for teachers, developers of course ware, evaluators and other academic staff ;
(o) to determine standards of admission to the University, [\* \* \*]
[The words 'constituent colleges, affiliated colleges,' were Ommited by Sikkim Act No. 4 of 2017, dated 19.04.2017.]
regional centers, study centers with the approval of Academic Council ;
(p) to make special provision for students belonging to the State of Sikkim for admission in any course of the University or in a constituent college, affiliated college, regional centre or study centre ;
(q) to do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University ;
(r) to prescribe such courses for Bachelor Degree, Master Degree, Doctor of Philosophy, Doctor of Science Degrees and Research and such other Degrees, Diplomas, Charters, Certificates etc. ;
(s) to provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes, CD, VCD and other software ;
(t) to recognize examinations or periods of study (whether in full or in part) of other Universities, institutions or other places of Higher learning as equivalent to examinations or periods of study in the University and to withdraw such recognition at any time ;
(u) to raise, collect, subscribe and borrow with the approval of the Board of Governors whether on the security or the property of the University, money for the purposes of the University ;
(v) to enter into, carry out, vary or cancel contracts ;
(w) to do all things necessary or expedient to exercise the above powers.
### 9. University open to all classes, castes, creed, religion,language and gender.
- The University shall be open to all persons irrespective of class, caste, creed, religion, language or gender:
Provided that nothing in this section shall be deemed to Prevent the University from making special provisions for admission to students of the State.
### 10. National Accreditation.
(1) The University will seek, obtain and retain accreditation from respective national accreditation bodies and be subject to relevant provisions of the University Grants Commission Act, 1956 and the Regulations/Guidelines made thereunder from time to time relating to private Universities.
(2) The University shall obtain prior permission/recognition from National Council for Teacher Education (NCTE) and Bar Council of India before commencina Teachers Training programs and Law Education Program respectively for conferring graduate or post graduate degrees. For technical courses, prior permission of the All India Council for Technical Education (AICTE) shall be obtained. For other programs permission or recognition from concerned authorities/bodies, if required by any law for the time being in force, shall be obtained.
(3) As regards other programs on technical education the relevant laws, rules, regulations etc. in the matter of obtaining approval/recognition or maintaining standards shall apply to the University.
Chapter III
Officers of the University
-------------------------------------------
### 11. Officers of the University.
- The following shall be the officers of the University, namely :-
(a) The Chancellor;
(b) The Vice-Chancellor;
(c) The Registrar;
(d) The Finance Officer; and
(e) Such other offices as may be declared by the Statutes to be officers of the University.
### 12. The Visitor.
(1) The Governor of Sikkim will be the Visitor of the University.
(2) The Visitor shall, when present, preside at the convocation of the University for, conferring Degrees, Diplomas, Charters, Designations and Certificates.
(3) The Visitor shall have the following powers, namely :-
(a) To call for any paper or information relating to the affairs of the University.
(b) On the basis of the information received by the Visitor, if he is satisfied that any order, proceeding, or decision taken by any authority of the University is not in conformity with the Act, Regulations, or Rules, he may issue such, directions as he may deem fit in the interest of the University and the directions so issued shall be complied with by all concerned.
### 13. The Chancellor.
(1) The Sponsor shall, with the prior approval of the Visitor, appoint a person suitable to be appointed as the Chancellor of the University.
(2) The Chancellor so appointed shall hold the office for a period of five years.
(3) The Chancellor shall be the head of the University.
(4) The Chancellor shall preside at the meeting of the Board of Governors and shall, when the Visitor is not present, preside at the convocation of the University for conferring degrees, diplomas, Charters., Designations or Certificates.
(5) The chancellor shall have the following powers namely.
(a) (sic)
(b) To appoint the Vice-Chancellor;
(c) To remove the Vice-Chancellor;
(d) Such other powers as may be conferred on him by this Act or the Statutes made thereunder.
### 14. The Vice Chancellor.
(1) The Vice-Chancellor shall be appointed on such terms and conditions as may be prescribed by the Statutes for a term of four years by the Chancellor.
(2) The Vice-Chancellor shall be appointed by the Chancellor from a panel of three persons recommended by the Board of Governors and shall hold office for a term of four years :
Provided that, after expiration of the term of four years, the Vice-Chancellor shall be eligible for re-appointment for another term not exceeding four years.
(3) The Vice-Chancellor shall be the Principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University.
(4) If in the opinion of the Vice-Chancellor it is necessary to take immediate action on any matter for which powers are conferred on any other authority by or under this Act, he may take such action as he deems necessary and shall at the earliest opportunity there after report his action to such officers or authority as would have in the ordinary course dealt with the matter:
Provided that if in the opinion of the concerned authority such action should not have been taken by the Vice-Chancellor,then such case shall be referred to the Chancellor, whose decision thereon shall be final.
Provided further that where any such action taken by the Vice-Chancellor affects any person in the service of the University, such person shall be entitled to prefer, within three months from the date on which such action is communicated to him, an appeal to the Board of Governors and the Board of Governors may confirm or modify or reverse the action taken by the Vice-Chancellor.
(5) If in the opinion of the Vice-Chancellor any decision of any authority of the University is outside the powers conferred by this Act, Statutes or is likely to be prejudicial to the interest of the University, he shall request the concerned authority to revise its decision within seven days from the date of his decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within seven days, then such matter shall be referred to the Chancellor and his decision thereon shall be final.
(6) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be laid down by the Statutes or the rules.
(7) The Vice-Chancellor shall preside at the convocation of the University in the absence of both the Visitor and the Chancellor, for conferring degrees, diplomas, Charters, Designations or Certificates.
(8) The Chancellor is empowered to remove the Vice-Chancellor after due enquiry. It will be open to the Chancellor to suspend the Vice-Chancellor during enquiry depending upon the seriousness of the charges, as he may deem fit.
### 15. Deans of Faculties.
- Deans of faculties shall be appointed by the Vice-Chancellor in such manner and shall exercise such powers and perform such duties as may be prescribed by Statutes.
### 16. The Registrar.
(1) The appointment of the Registrar shall be made in such manner as may be prescribed by the Statutes.
(2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University.
(3) The Registrar shall exercise such other powers and perform such other duties as may be prescribed or may be required from time to time, by the Board of Governors.
(4) The Registrar shall be responsible for the due custody of the records and the common seal of the University and shall be bound to place before the Chancellor, the Vice-Chancellor or any other authority, all such information and documents as may be necessary for transaction of their business.
(5) The Registrar shall exercise such powers and perform such duties as may be prescribed by the Statutes.
### 17. The Finance Officer.
- The Finance Officer shall be appointed by the Board of Governors in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
### 18. Other Officers. - The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be such as may be prescribed by the Statutes.
Chapter IV
Authorities of the University
---------------------------------------------
### 19. Authorities of the University.
- The following shall be the authorities of the University, namely :-
(a) The Board of Governors:
(b) The Board of Management;
(c) The Academic Council;
(d) The Finance Committee; and
(e) Such other authorities as may be declared by the Statutes to be the authorities of the University.
### 20. The Board of Governors and its powers.
(1) The Board of Governors shall consist of the following, namely :-
(a) The Chancellor
(b) The Vice-Chancellor
(c) A nominee of the UGC
(d) Three persons nominated by the Sponsor
(e) One representative of the State Government
(f) Two educationists of repute to be nominated by the Visitor
(g) Two academicians to be nominated by the Chancellor.
(2) The Chancellor shall be the Chairman of the Board of Governors.
(3) The Registrar shall be an ex-officio Secretary of the Board of Governors.
(4) The Board of Governors shall be the supreme authority and principal governing body of the University and shall have the following powers, namely :-
(a) To appoint the Statutory Auditors of the University;
(b) to lay down policies to be pursued by the University;
(c) to review decisions of the other authorities of the University if they are not in conformity with the provisions of this Act or the Statutes or the rules;
(d) to approve the budget and annual report of the University;
(e) to make new or additional Statutes arid rules or amend or repeal the earlier Statutes and rules;
(f) to take decision about voluntary winding up of the University;
(g) to approve proposals for submission to the State Government; and
(h) to take such decisions and steps as are found desirable for effectively carrying out the objects of the University;
(5) The Board of Governors shall, meet at least twice in a calendar year at such time and place as the Chancellor thinks fit.
### 21. The Board of Management.
(1) The Board of Management shall consist of the following, namely :-
(a) The Vice-Chancellor.
(b) The Registrar.
(c) Four persons nominated by the Sponsor.
(d) Two Deans of the faculties as nominated by the Chancellor.
(e) One representative to be nominated by the State Government.
(2) The Vice-Chancellor shall be the Chairperson of the Board of management and the Registrar shall be the Secretary of the Board of Management.
(3) The powers and functions of the Board of Management shall be such as may be prescribed by the Statutes.
### 22. The Academic Council.
(1) The Academic Council shall consist of the following, namely :-
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The Vice-Chancellor
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Chairman
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The Registrar
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Secretary
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Such other members as may be prescribed in the
Statutes.
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(2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the rules, co-ordinate and exercise general supervision over the academic policies of the University.
### 23. The Finance Committee.
(1) The Finance Committee shall consist of the following, namely:-
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The Vice-Chancellor
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Chairman
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The Registrar
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Secretary
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The Finance Officer
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Member
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Such other members as may be prescribed in the
Statutes.
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(2) The Finance Committee shall be the principal financial body of the University to take care of financial matters and shall,.subject to the provisions of this Act, Statutes and rules, co-ordinate and exercise general supervision over the financial matters of the University.
### 24. Other Authorities.
- The constitution, powers and functions of the other authorities of the University shall be such as may be prescribed by the Statutes.
### 25. Proceedings not invalidated on account of vacancy.
- No act or proceeding of any authority of the University shall be invalid merely by not invalidated reason of the existence of any vacancy or defect in the constitution of the authority.
Chapter V
Statutes and Rules
---------------------------------
### 26. Statute.
- Subject to the provisions of this Act and rules, the Statutes may provide for any matter relating to the University and staff, as given below :-
(a) The constitution, powers and functions of the authorities and other bodies of the University as specified in the Act and such other authorities as may be constituted from time to time;
(b) The operation of the endowment fund, the general fund and, the development fund;
(c) The terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions;
(d) The mode of recruitment and the conditions of service of the other officers, teachers and employees of the University;
(e) The procedure for resolving disputes between the University and its officers, faculty members, employees and students;
(f) Creation, abolition or restructuring of departments and facultieS;
(g) The manner of co-operation with other Universities or institutions of higher learning;
(h) The procedure for conferment of honorary degrees;
(i) Provisions regarding grant of freeships and scholarships;
(j) Number of seats in different courses of studies and the procedure of admission of students to such courses;
(k) The fee chargeable from students for various courses of studies:Provided that the University shall not make any Statute relating to the charging of donation or capitation fee from the students without the prior approval of the State Government ;
(l) Institution of fellowships, scholarships, studentships, freeships, medals and prizes;
(m) Procedure for creation and abolition of posts;
(n) All other matters which by this Act are required to be provided .
### 27. Statutes how made.
- The first Statutes framed by the Board of Governors shall be submitted to the State Government for its approval.
### 28. Power of amend the Statute.
- The Board of Governors may, with the prior approval of the State Government, make new or additional Statutes or amend or repeal the Statutes.
### 29. Rules.
- Subject to the provisions of this Act, the rules may provide for all or any of the following matters, namely :-
(a) Admission of students to the University and-their enrolment and continuance as such;
(b) The courses of study to be laid down for all Degrees, Diplomas, Certificates, Charters and other academic distinctions of the University;
(c) The award of Degrees, Diplomas, Charters, Certificates and other academic distinctions of the University;
(d) Creation of new authorities of the University;
(e) Accounting policy and financial procedure;
(f) The conditions of the award of fellowships, scholarships, studentships, medals and prizes;
(g) The conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners, invigilators, tabulators and moderators;
(h) The fee to be charged for admission to the examinations, Degrees, Diplomas, Certificates, Charters and other academic distinctions of the University;.
(i) Revision of fees;
(j) Alteration of number of seats in different courses and programs
(k) The conditions of residence of the students at the University or a constituent college or affiliated college;
(l) Maintenance of discipline among the students of the University or a constituent college or affiliated college;
(m) All other matters as may be provided in the Statutes and rules made under the Act.
### 30. Rule how to be made.
- The Rules shall be made by the Board of Governors and shall be submitted to the State Government for its approval.
### 31. Power of amend rules.
- The Board of Governors may, with the approval of the State Government, make new or additional rules or amend or repeal the rules.
Chapter VI
Miscellaneous
-----------------------------
### 32. Conditions of service of employees.
(1) Every employee shall be appointed under a written contract, which shall be kept in the University and a copy of which shall be furnished to the employee concerned.
(2) Disciplinary action against the students/employees shall be governed by procedure prescribed in the Statutes.
### 33. Right to appeal.
- Every employee or student of the University or of a constituent college, shall not-withstanding anything contained in this Act, have a right to appeal within such time as may be prescribed, to the Board of Management against the decision of any officer or authority of the University or of the Principal of any such college, and thereupon the Board of Management may confirm, modify or change the decision appealed against.
### 34. Provident fund and Pension.
- The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed.
### 35. Disputes as to constitution of University authorities and bodies.
- If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.
### 36. Constitution of committees.
- Any authority of the University mentioned in Section 19 may constitute a committee of such authority, consisting of such members as such authority may deem fit, and having such powers as the authority may deem fit.
### 37. Filling of casual vacancies.
- Any casual vacancy among the.members, other than ex-officio members, of any Authority or body of the University shall be filled in the same manner in which the member whose vacancy is to be filled up, was chosen, and the person filling the vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he/she fills would have been a member.
### 38. Protection of action taken in good faith.
- No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statutes or the rules.
### 39. Transitional Provision.
- Notwithstanding anything contained in any other provisions of this Act and the Statutes :-
(a) The first Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of three years;
(b) The first Registrar and the first Finance Officer shall be appointed by the Chancellor who shall hold office for a term of three years;
(c) The first Board of Governors shall hold office for a term not exceeding three years;
(d) The first Board of Management, the first Finance Committee and the first Academic Council shall be constituted by the Chancellor for a term of three years.
### 40. Endowment Fund.
(1) The University shall establish an endowment fund of at least Rupees One crore.
(2) The University shall have power to invest the endowment fund in such manner as may be prescribed.
(3) The University may transfer any amount from the general fund or the development fund to the endowment fund. Excepting in the dissolution of the University, in no other circumstances can any monies be transferred from the endowment fund for other purposes.
(4) Not exceeding 75 percent of the incomes received from the endowment fund shall be used for the purposes of development works of the University. The remaining 25 percent shall be reinvested into the endowment fund.
### 41. General fund.
(1) The University shall establish a general fund to which the following amount shall be credited, namely:-
(a) All fees which may be charged by the University;
(b) all sums received from any other source;
(c) all contributions made by the Sponsor;
(d) all contributions/donations made in this behalf by any other person or body, which are not prohibited by any law for the time being in force.
(2) The funds credited to the general fund shall be applied to meet the following payments, namely :-
(a) The repayment of debts including interest charges thereto incurred by the University for the purposes of this Act, the Statutes and the rules made thereunder;
(b) the upkeep of the assets of the University;
(c) the payment of the cost of audit of the fund created under section 41.
(d) meeting the expenses of any suit or proceedings to which University is a party;
(e) the payment of salaries and allowances of the officers and employees of the University, members of the teaching and research staff, and payment of any Provident Fund contributions, gratuity and other benefits to any such officers and employees, members of the teaching and research staff;
(f) the payment of travelling and other allowances of the members of the Board of Governors, the Board of Management, Academic Council, and other authorities so declared under the Statutes of the University and of the members of any Committee or Board appointed by any of the authorities of the University in pursuance of any provision of this Act or the Statutes or the rules made thereunder;
(g) the payment of fellowships, freeships, scholarships, assistantships and other awards to students, research associates or trainees eligible for such awards under the Statutes or rules of the University under the provisions of this Act;
(h) the payment of any expenses incurred by the University in carrying out the provisions of this Act and the Statutes or the rules made thereunder;
(i) the payment of cost of capital, not exceeding the prevailing bank rate of interest, incurred by the Sponsor for setting up the University and the investments made thereof ;
(j) the payment of charges and expenditure relating to the consultancy work undertaken by the University in pursuance of the provisions of this Act and the Statutes and the rules made thereunder :
Provided that no expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total non-recurring expenditure for the year as may be fixed by the Board of Management without the previous approval of the Board of Management ;
Provided further that the General fund shall be applied for the objects specified under sub-section (2) with the prior approval of the Board of Management of the University.
### 42. Development fund.
(1) The University shall also establish a development fund to which the following funds shall be credited, namely:-
(a) Development fees which may be charged from students;
(b) all sums received from any other source for the purposes of the development of the University;
(c) all contributions made by the Sponsor;
(d) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and
(e) all incomes received from the endowment fund.
(2) The funds credited to the development fund from time to time shall be utilized for the development of the University.
### 43. Maintenance of fund.
- The funds established under sections 40, 41 and 42 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed.
### 44. Annual Report.
(1) The annual report of the University shall be prepared under the direction of the Board of Management and shall be submitted to the Board of Governors for its approval.
(2) The Board of Governors shall consider the annual report in its meeting and may approve the same with or without modification;
(3) A copy of the annual report duly approved by the Board of Governors shall be sent to Visitor and the State Government on or before December 31 following close of the financial year in March 31 each year.
### 45. Account and audit.
(1) The annual accounts and Balance Sheet of the University shall be prepared under the direction of the Board of Management and all funds accruing to or received by the University from whatever source and all amount disbursed or paid shall be entered in the accounts maintained by the University.
(2) The annual accounts of the University shall be audited by a chartered accountant, who is a member of the Institute of Chartered Accountants of India every year.
(3) A copy of the annual accounts and the Balance Sheet together with the audit report shall be submitted to the Board of Governors on or before December 31 following close of the financial year in March 31 each year.
(4) The annual accounts, the Balance Sheet and the audit report shall be considered by the Board of Governors at its meeting and the Board of Governors shall forward the same to the Visitor and the State Government along with its observations thereon on or before December 31 each year.
(5) In the event of any material qualifications in the Report of the Auditors, the State Government may issue directions to the University, and such directions shall be binding on the University.
### 46. Mode of proof of University record.
- A copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the university or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced, have been admissible in evidence.
### 47. Dissolution of University.
(1) If the Sponsor proposes dissolution of the University in accordance with the law governing its constitution or incorporation, it shall give at least twelve months notice in writing to the State Government and it shall ensure that no new admissions to the University are accepted during the notice period.
(2) On identification of mismanagement, mal-administration, in-discipline, failure in the accomplishment of the objects of University and economic hardships in the management 'systems of University, the State Government would issue directions to the management system of University. If the direction are not followed within such time as may be prescribed, the right to take decision for winding up of the
University would vest in the State Government.
(3) The manner of winding up of the University would be such as may be prescribed by the State Government in this behalf :
Provided that no such action will be initiated without affording a reasonable opportunity to show cause to the Sponsor.
(4) On receipt of the notice referred to in sub-section (1), the State Government shall, in consultation with the AICTE and UGC make such arrangements for administration of the University from the proposed date of dissolution of the University by the Sponsor and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be prescribed by the Statutes.
### 48. Expenditure of the university during dissolution.
(1) The expenditure for administration of the University during the taking over period of its management under section 47 shall be met out of the endowment fund, the general fund or the development fund.
(2) If the funds referred to sub-section (1) are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or assets of the University, by the State Government.
### 49. Laying Status and Rules.
- Every Statute or rules made under this Act shall, as soon as may be after it is made, be laid before the State Legislature.
### 50. Removal of Difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notification or order, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty :
Provided that no notification, order under sub-section (1) shall be made after the expiration of a period of three years from the commencement of this Act.
(2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before the State Legislature.
|
65b9ec83ab84c7eca86ea3f4 | acts |
State of West Bengal - Act
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The West Bengal Panchayat Act, 1973
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WEST BENGAL
India
The West Bengal Panchayat Act, 1973
=====================================
Act 41 of 1973
----------------
* Published on 17 January 1974
* Commenced on 17 January 1974
The West Bengal Panchayat Act, 1973
West Bengal Act
41 of 1973
Last Updated 21st November, 2019
[17th January, 1974.]
Assent of the President was first published in the Calcutta Gazette, Extraordinary, dated the 17th January, 1974.
An Act to reorganise Panchayats in rural areas of West Bengal and to provide for matters connected therewith.
Whereas it is expedient to reorganise Panchayats in rural areas of West Bengal and to provide for matters connected therewith;
It is hereby enacted follows:-
Part I – Chapter I
--------------------
Preliminary
### 1. Short title, extent and commencement.
(1) This Act may be called the West Bengal Panchayat Act, 1973.
(2) It extends to the whole of West Bengal, except the areas to which the provisions of -
[(a) the Cantonments Act, 1924,
(b) the Howrah Municipal Corporation Act, 1980,
(c) the Calcutta Municipal Corporation Act, 1980,
(d) the Siliguri Municipal Corporation Act, 1990,
(e) the Asansol Municipal Corporation Act, 1990,
(f) the Chandernagore Municipal Corporation Act, 1990,
(g) the West Bengal Municipal Act, 1993,
(h) the Durgapur Municipal Corporation Act, 1994, or
any parts or modifications thereof apply or may hereafter be applied.] [Sub-section (2) first substituted by W.B. Act 18 of 1994, then again substituted by W.B. Act 24 of 1997. Previous sub-section (2) was as under:-
'(2) It extends to the whole of West Bengal, except the areas to which the provisions of -
(a) the Cooch Behar Town Committee Act, 1903,
(b) the Cantonments Act, 1924,
(c) the Bengal Municipal Act, 1932,
(d) the Chandernagore Municipal Act, 1955,
(e) the Howrah Municipal Corporation Act, 1980,
(f) the Calcutta Municipal Corporation Act, 1980,
(g) the Siliguri Municipal Corporation Act, 1990,
(h) the Asansol Municipal Corporation Act, 1990,
[(i) the Chandernagore Municipal Corporation Act, 1990,or
any parts or modifications thereof, apply or may hereafter be applied.'.]]
(3) This section shall come into force at once; the remaining sections shall come into force on such date or dates and in such area or areas as the State Government may, by notification, appoint and different dates may be appointed for different sections and for different areas.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context, -
(1) "auditor" means an auditor appointed under section 186 and includes any officer authorised by him to perform all or any of the functions of an auditor under Chapter XVIII;
(2) "Block" means an area referred to in section 93;
(3) "Block Development Officer" means an officer appointed as such by the State Government [and includes the Joint Block Development Officer in charge of the Block]
[Words inserted by W.B. Act 37 of 1984.]
;
(4) "case" means a criminal proceeding in respect of an offence triable by a Nayaya Panchayat;
(4a)
[ "Collector" means an officer appointed as such by the State Government;]
[Clause (4a) inserted by W.B. Act 37 of 1984.]
(4b)
[ "Council" means the Darjeeling Gorkha Hill Council constituted under the Darjeeling Gorkha Hill Council Act, 1988;]
[Clause (4b) inserted by W.B. Act 20 of 1988.]
(5) "District Magistrate" includes an Additional District Magistrate, a Deputy Commissioner, an Additional Deputy Commissioner and any other Magistrate appointed by the State Government to discharge all or any of the functions of a District Magistrate under this Act;
(6) [ "Director of Panchayats" means the Director of Panchayats and Rural Development, Government of West Bengal, and includes a Joint Director of Panchayats and Rural Development, a Deputy Director of Panchayats and Rural Development and an Assistant Director of Panchayats and Rural Development;] [Clauses (6) and (7) substituted by W.B. Act 24 of 1997, which were earlier as under:-
'(6) 'Director of Panchayats' means the Director of Panchayats. Department of Panchayats. Government of West Bengal, and includes a Joint Director of Panchayats, a Deputy Director of Panchayats and an Assistant Director of Panchayats:
[(7) 'District Panchayat Officer' means an officer appointed as such by the State Government;'.]]
(7) [ "District Panchayat Officer" means a District Panchayat and Rural Development Officer appointed as such by the State Government;] [[Clauses (6) and (7) substituted by W.B. Act 24 of 1997, which were earlier as under:-
'(6) 'Director of Panchayats' means the Director of Panchayats. Department of Panchayats. Government of West Bengal, and includes a Joint Director of Panchayats, a Deputy Director of Panchayats and an Assistant Director of Panchayats:
(7) 'District Panchayat Officer' means an officer appointed as such by the State Government;'.]]
(8) "District Planning Committee" means the District Planning Committee established by the State Government for a district;
(8b)
"Executive Assistant" of a Gram Panchayat means an Executive Assistant appointed as such in a Gram Panchayat under subsection (2) of section 35;]
[Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(9) "Extension Officer, Panchayats" means an officer appointed as such by the State Government;
(9a)
[ "general election" means an election of members held simultaneously for constitution of Gram Panchayats, Panchayat Samitis, Mahakuma Parishad, or Zilla Parishads or any two or more of Gram Panchayats, Panchayat Samitis, Mahakuma Parishad, or Zilla Parishads in such area as the State Government may by notification specify;]
[Clause (9a) inserted by W.B. Act 17 of 1992.]
(10) [ "Gram" means an area referred to in section 3;] [[Clause (10) substituted by W.B. Act 2 of 1983, w.e.f. 19.1.1983, which was earlier as under:-
'(10) 'Gram' means any mauza, part of a mauza or group of contiguous mauzas or parts thereof declared by the State Government under sub-section (1) of section 3 to be a Gram;'.]]
(11) "Gram Panchayat" means a Gram Panchayat constituted under section 4;
(11a)
[ "Gram Sabha" means a body consisting of persons registered in the electoral rolls pertaining to a Gram declared as such under sub-section (1) of section 3;] [[Clause (11a) first inserted by W.B. Act 10 of 1978, then substituted by W.B. Act 20 of 1988, and finally clauses (11a), (11b) and (11c) substituted by W.B. Act 18 of 1994. Previous clause (11a) was as under:-
'(11a) 'hill areas' has the same meaning as in the Darjeeling Gorkha Hill Council Act. 1988;'.]]
(11b)
[ "Gram Sansad" means a body consisting of persons registered at any time in the electoral rolls pertaining to a constituency of a Gram Panchayat delimited for the purpose of last preceding general election to the Gram Panchayat] [[Clause (11a) first inserted by W.B. Act 10 of 1978, then substituted by W.B. Act 20 of 1988, and finally clauses (11a), (11b) and (11c) substituted by W.B. Act 18 of 1994. Previous clause (11a) was as under:-
'(11a) 'hill areas' has the same meaning as in the Darjeeling Gorkha Hill Council Act. 1988;'.]];
(11c)
[ "hill areas" has the same meaning as in the Darjeeling Gorkha Hill Council Act, 1988;] [[Clause (11a) first ins by W.B. Act 10 of 1978, then substituted by W.B. Act 20 of 1988, and finally clauses (11a), (11b) and (11c) substituted by W.B. Act 18 of 1994. Previous clause (11a) was as under:-
'(11a) 'hill areas' has the same meaning as in the Darjeeling Gorkha Hill Council Act. 1988;'.]]
(12) "Karmadhyaksha" means the Karmadhyaksha of a Sthayee Samiti of a Panchayat Samiti elected under section 125 or of a Sthayee Samiti of a Zilla Parishad elected under section 172, as the case may be;
(12a)
[ "Leader" in a Panchayat relating to a recognized political party means a Leader selected as such within the concept and meaning of sub-section (3) of section 213A;]
[Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
[[(12b)]
[Clause (12a) inserted by W.B. Act 20 of 1988.]
"Mahakuma Parishad" means the Mahakuma Parishad or the subdivision of Siliguri in the district of Darjeeling constituted under section 185B;]
(13) [ "mauza" means an area defined, surveyed and recorded as such in the revenue record of a district and referred to in clause (g) of article 243 of the Constitution of India as the lowest unit of area for the purpose of public notification for specifying a village;] [[Clause (13) substituted by W.B. Act 18 of 1994, which was earlier as under:-
'(13) 'mauza' means an area defined, surveyed and recorded as a distinct and separate village in the revenue record of the district in which it is situate;'.]]
(13a)
[ "Municipality" means an institution of self-government constituted under article 243Q of the Constitution of India;]
[Clause (13a) inserted by W.B. Act 2 of 1995.]
(14) "notification" means a notification published in the Official Gazette;
(15) "Nyaya Panchayat" means a Nyaya Panchayat constituted under section 51;
(15a)
[ "office bearer" means the Pradhan, Upa-Pradhan, Sabhapati, Sahakari Sabhapati, Sabhadhipati or Sahakari Sabhadhipati or any two or more of them together;]
[Clauses (15a) and (15b) inserted by W.B. Act 18 of 1994.]
(15b)
[ "Panchayat" means an institution of [self-government constituted under article 243B of the Constitution of India],
[Clauses (15a) and (15b) inserted by W.B. Act 18 of 1994.]
and includes Gram Panchayat, Panchayat Samiti, Mahakuma Parishad or Zilla Parishad;
(16) "Panchayat Samiti" means a Panchayat Samiti constituted under section 94;
(16a)
[ "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;]
[Clause (16a) inserted by W.B. Act 17 of 1992.]
(17) "Pradhan" means a Pradhan of a Gram Panchayat elected under section 9;
(18) "prescribed" means prescribed by rules made under this Act;
(19) "prescribed authority" means an authority appointed by the State Government by notification, [for any one or more purposes]
[Substituted 'for all or any of the purposes' by W.B. Act No. 8 of 2010, dated 13.5.2010.]
of this Act;
(20) "public street" means any street, road, lane, gully, alley, passage, pathway, bridge, square or court, whether a thoroughfare or not, over which the public have a right of way, and includes side drains or gutters and the land up to the boundary of any abutting property, notwithstanding the projection over such land or any verandah or other superstructure;
(20A)
[ "recognised political party" means a national party or a State party recognised as such by the Election Commission of India by notification for the time being in force;]
[Clause (20A) inserted by W.B. Act 18 of 1994.]
(21) "Sabhapati" means a Sabhapati of a Panchayat Samiti, elected under section 98;
(22) "Sabhadhipati" means a Sabhadhipati of a Zilla Parishad, [elected under section 143, and includes the Sabhadhipati of the Mahakuma Parishad;]
[Words and figures substituted for the words and figures 'elected under section 143;' by W.B. Act 20 of 1988.]
(23) "Sahakari Sabhapati" means a Sahakari Sabhapati of a Panchayat Samiti, elected under section 98;
(24) "Sahakari Sabhadhipati" means a Sahakari Sabhadhipati of a Zilla Parishad, [elected under section 143, and includes the Sahakari Sabhadhipati of the Mahakuma Parishad;]
[Words and figures substituted for the words and figures 'elected under section 143;' by W.B. Act 20 of 1988.]
(25) "Scheduled Castes" means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of West Bengal under article 341 of the Constitution of India;
(26) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of West Bengal under article 342 of the Constitution of India;
(26A)
[ "Secretary" of a Gram Panchayat means a Secretary appointed as such in a Gram Panchayat under sub-section (2) of section 35;]
[Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
[[(26AA)]
[Clause (26A) inserted by W.B. Act 18 of 1994.]
"State Election Commissioner" means the State Election Commissioner referred to in sub-section (1) of section 3 of the West Bengal State Election Commission Act, 1994;]
(26B)
[ "State Government" means the State Government in the Department of Panchayats and Rural Development;]
[Clause (26B) inserted by W.B. Act 15 of 1997.]
(27) "State Planning Board" means the West Bengal State Planning Board established by the State Government;
(27A)
[ "Sub-divisional Officer" means an officer appointed as such by the State Government, and includes an Additional Sub-divisional Officer having jurisdiction;]
[Clause (27A) inserted by by W.B. Act 24 of 1997.]
(28) "suit" means a civil suit triable by a Nyaya Panchayat;
(29) "Upa-Pradhan" means an Upa-Pradhan of a Gram Panchayat, elected under section 9;
(30) "year" means the year beginning on the first day of April;
(31) "Zilla Parishad" means a Zilla Parishad of a district constituted under section 140.
Part II – Gram Panchayat
--------------------------
Chapter II
Constitution of Gram Panchayat
----------------------------------------------
### 3. Gram.
(1) The State Government may, by notification, declare for the purposes of this Act any mauza or part of a mauza or group of contiguous mauzas or parts thereof to be a Gram:
[Provided that any group of mauzas or parts thereof, when they are not contiguous or have no common boundaries and are separated by an area to which this Act does not extend or in which the remaining sections of this Act referred to in sub-section (3) of section 1 have not come into force, may also be declared to be a Gram]
[Proviso inserted by W.B. Act 2 of 1983. w.e.f. 19.1.1983.]
.
(2) The notification under sub-section (1) shall specify the name of the Gram by which it shall be known and shall specify the local limits of such Gram.
(3) The State Government may, after making such enquiry as it may think fit and after consulting the views of the Gram Panchayat or Panchayats concerned, by notification -
(a) exclude from any Gram any area comprised therein; or.
(b) [ include in any Gram any area contiguous to such Gram or separated by an area to which this Act does not extend or in which the remaining sections of this Act referred to in sub-section (3) of section 1 have not come into force; or] [[Clause (b) substituted by W.B. Act 2 of 1983, w.e.f. 19.1.1983. which was earlier as under:-
'(b) include in any Gram any area contiguous to such Gram: or'.]]
(c) divide the area of a Gram so as to constitute two or more Grams; or
(d) unite the areas of two or more Grams so as to constitute a single Gram.
### 4. Gram Panchayat and its constitution.
(1) For every Gram the State Government shall constitute a Gram Panchayat bearing the name of the Gram.
(2) Persons whose names are included in the electoral roll [prepared in accordance with such rules as may be made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for the purpose of an election]
[Words 'in force on the last date of nominations for Panchayat election' first substituted for the words' for the time being in force' by W.B. Act 37 of 1984, then the words within third brackets substituted for the words 'of the West Bengal Legislative Assembly in force on the last date of nomination for Panchayat election' by W.B. Act 18 of 1994.]
pertaining to the area comprised in the Gram, shall elect by secret ballot at such time and in such manner as may be prescribed, from among themselves such number of members [not being less than five]
[Words substituted for the words 'not being less than seven' by W.B. Act 2 of 1983, w.e.f. 19.1.1983.]
or [more than thirty]
[Words substituted for the words 'more than twenty-five' by W.B. Act 18 of 1994.]
[as the prescribed authority may, having regard to the number of voters in hill areas and other areas and in accordance with such rules as may be made in this behalf by the State Government, determine]
[Words substituted for the words 'as may be determined by the prescribed authority in accordance with such rules as may be made in this behalf by the State Government' by W.B. Act 10 of 1978.]
[\* \* \* \* \*]
[Words 'and the members so elected shall be the members of the Gram Panchayat' omitted by W.B. Act 17 of 1992.]
:
[Provided that seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in a Gram Panchayat, and the number of seats so reserved shall bear, are nearly as may be and in the manner and in accordance with such rules as may be made in this behalf by the State Government, the same proportion to the total number of seats in that Gram Panchayat to be filled up by election as the population of the Scheduled Castes in the Gram or of the Scheduled Tribes in that Gram, as the case may be, bears to the total population of that Gram and such seats shall be subject to allocation by rotation, in the manner prescribed, to such different constituencies having Scheduled Castes or Scheduled Tribes population which bears with the total population in that constituency not less than half of the proportion that the total Scheduled Castes population or the Scheduled Tribes population in that Gram, as the case may be, bears with the total population in that Gram]
[First to fifth provisos inserted by W.B. Act 17 of 1992.]
:
[Provided further that not less than one-third of the total number of seats reserved for the Scheduled Castes and the Scheduled Tribes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be:]
[First to fifth provisos inserted by W.B. Act 17 of 1992.]
[provided also that not less than one-third of the total number of seats, including the seats reserved for the Scheduled Castes and the Scheduled Tribes, in a Gram Panchayat shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed]
[First to fifth provisos inserted by W.B. Act 17 of 1992.]
:
[provided also that notwithstanding anything contained in the foregoing provisions of this sub-section [\* \* \* \* \*]
[First to fifth provisos inserted by W.B. Act 17 of 1992.]
when the number of members to be elected to a Gram Panchayat is determined by the prescribed authority or when seats are reserved for the Scheduled Castes and the Scheduled Tribes in a Gram Panchayat in the manner as aforesaid, the number of members so determined or the number of seats so reserved shall not be varied for three successive general elections:]
[provided also that no member of the Scheduled Castes or the Scheduled Tribes and no woman for whom seats are reserved under this sub-section, shall, if eligible for election to a Gram Panchayat, be disqualified for election to any seat not so reserved:]
[First to fifth provisos inserted by W.B. Act 17 of 1992.]
[provided also that the State Election Commissioner may, at any time, for reasons to be recorded in writing [, by order, direct the prescribed authority to make fresh determination]
[Sixth and seventh provisos inserted by W.B. Act 18 of 1994.]
of the number of members of a Gram Panchayat or fresh reservation on rotation of the number of seats in such Gram Panchayat and, on such order being issued by the State Election Commissioner, the determination of the number of members [or the number of seats to be reserved or the sequence of rotation of reservation of seats or any combination of them as may be specified in such order]
[Words substituted for the words 'and the reservation of the number of seats' by W.B. Act 24 of 1997.]
shall not be varied for [the next]
[Words inserted by W.B. Act 15 of 1997.]
three successive general elections:]
[Provided also that the provisions for reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India.]
[Sixth and seventh provisos inserted by W.B. Act 18 of 1994.]
(2A)
The Gram Panchayat shall consist of the following member:-
[(i) members elected under sub-section (2);
(ii) members of the Panchayat Samiti, not being Sabhapati or Sahakari Sabhapati, elected thereto from the constituency comprising any part of the Gram.]
(3) For the convenience of the election the prescribed authority shall, in accordance with such rules as may be made in this behalf by the State Government, -
(a) divide the area of a Gram into constituencies, [\* \* \* \* \*]
[Words ',not being less than three or more than fourteen.' omitted by W.B. Act 2 of 1983. w.e.f. 19.1.1983.]
on the basis of number of members of Gram Panchayat determined under sub-section (2) ;
(b) allocate to each such constituency seats [, not exceeding two,]
[Words substituted for the words ',not exceeding three,' by W.B. Act. 2 of 1983. w.e.f. 19.1.1983.]
on the basis of electorate of the Gram:
[Provided that such division into constituencies and such allocation of seats shall be made in such manner that the ratio between the population of the Gram and the number of seats in the Gram Panchayat shall, so far as practicable, be the same in any Gram Panchayat.]
[Proviso inserted by W.B. Act 18 of 1994.]
[\* \* \* \* \* \* \*] [[Sub-section (3A) first inserted by W.B. Act 10 of 1978, then omitted by W.B. Act 2 of 1983. w.e.f. 19.1.1983. The sub-section was as under:-
'(3A) Notwithstanding anything contained in the foregoing provisions of this section, for the purpose of first election under this Act the local limits of jurisdiction of a Gram Sabha constituted under the West Bengal Panchayat Act, 1957, shall form a constituency:
Provided that the prescribed authority may. If it thinks fit necessary so to do for the purpose of allocation of seats to a constituency, divide the local limits of jurisdiction of a Gram Sabha constituted under that Act into such number of the constituencies as the prescribed authority may think fit.'.]]
(4) Every Gram Panchayat constituted under this section shall be [,notwithstanding anything contained in section 210,]
[Words and figures inserted by W.B. Act 10 of 1978.]
be notified in the Official Gazette and shall come into office with effect from the date of its first meeting at which a quorum is present.
(5) Every Gram Panchayat shall be a body corporate having perpetual succession and a common seal and shall, by its corporate name, sue and be sued.
### 5. Effect of alteration of the area of a Gram.
(1) When an area is excluded from a Gram under clause (a) of sub-section (3) of section 3, such area shall, as from the date of the notification referred to in that sub-section, cease to be subject to the jurisdiction of the Gram Panchayat of that Gram and, unless the State Government otherwise directs, to the rules, orders, directions and notifications in force therein.
(2) When an area is included in a Gram under clause (b) of sub-section (3) of section 3, the Gram Panchayat for that Gram shall, as from the date of the notification referred to in that sub-section, have jurisdiction over such area and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in that Gram shall apply to the area so included.
(3) [ When the area of any Gram is divided under clause (c) of sub-section (3) of section 3 so as to constitute two or more Grams, there shall be reconstitution of the Gram Panchayats for the newly constituted Grams in accordance with the provisions of this Act, and the Gram Panchayat of the Gram so divided shall, as from the date of coming into office of the newly constituted Gram Panchayats, cease to exist.] [[Sub-section (3) substituted by W.B. Act 2 of 1983, which was earlier as under:-
'(3) When the area of any Gram is divided under clause (c) of sub-section (3) of section 3 so as to constitute two or more Grams, the Gram Panchayat of that Gram shall, as from the date of the notification referred to in that sub-section, cease to exist and there shall be reconstitution of the Gram Panchayats for the newly-constituted Grams in accordance with the provisions of this Act.'.]]
(4) [ When the areas of two or more Grams are united under clause (d) of sub-section (3) of section 3 so as to constitute a single Gram, there shall be reconstitution of the Gram Panchayat for the newly constituted Gram in accordance with the provisions of this Act, and the Gram Panchayats of the Grams so united shall, as from the date of coming into office of the newly constituted Gram Panchayat, cease to exist.] [[Sub-section (4) substituted by W.B. Act 2 of 1983. which was earlier as under:-
'(4) When the areas of two or more Grams are united under clause (d) of sub-section (3) of section 3 so as to constitute a single Gram, the Gram Panchayats of the said Grams shall, as from the date of the notification referred to in that sub-section, cease to exist and a separate Gram Panchayat shall be constituted for the new Gram in accordance with the provisions of this Act.'.]]
(5) When under sub-section (3) of section 3 any area is excluded from, or included in, a Gram, or a Gram is divided so as to constitute two or more Grams, or two or more Grams are united to constitute a single Gram, the properties, funds and liabilities of the Gram Panchayat or Panchayats affected by such reorganisation shall vest in such Gram Panchayat or Panchayats, and in accordance with such allocation, as may be determined by order in writing by the prescribed authority, and such determination shall be final.
(6) An order made under sub-section (5) may contain such supplemental, incidental and consequential provisions as may be necessary to give effect to such reorganisation.
Explanation. - For the purpose of reconstitution of the Gram Panchayat after division referred to in sub-section (3) or after unification referred to in sub-section (4), -
[(a) it shall not be necessary to hold general elections to the newly constituted Gram Panchayat or Gram Panchayats when the terms of office of the members of the former Gram Panchayats within the scope and meaning of sub-section (1) of section 7, do not expire; and
(b) such members having unexpired terms of office shall be declared by the State Government or such authority as may be empowered, by order, by the State Government in this behalf, by notification in the Official Gazette, as members to the newly constituted Gram Panchayat that comprises the constituencies, wholly or in part, from which such members were elected to the former Gram Panchayats and any such member shall hold office in the newly constituted Gram Panchayat for the unexpired portion of the term of his office.]
### 6. Effect of inclusion of a Gram or part thereof in municipality, etc.
- [(1) If, at any time, the whole of the area of a Gram is included in a Municipality by a notification under any law for the time being in force or in an area under the authority of a Town Committee or a Cantonment, the Gram Panchayat concerned shall cease to exist within six months from the date of the notification or with effect from such date as may be specified in the notification or with effect from the date on which elections to the newly constituted body are completed, whichever is earlier, and the properties, funds and other assets vested in such Gram Panchayat and all the rights and liabilities of such Gram Panchayat shall vest in and devolve on the Commissioners of the Municipality or on the Town Committee or on the Cantonment Authority, as the case may be, in accordance with the orders of the prescribed authority. The employees of such Gram Panchayat shall be given an opportunity to exercise their option for joining the Municipality or the Town Committee or the Cantonment Authority, as may be constituted over the area of the Gram, or any of the Gram panchayats within the State where such vacancy exists, as may be prescribed by the State Government. On the basis of their option they shall be deemed to be employees of the Municipality or the Town Committee or the Cantonment Authority or any other Gram Panchayat, as the case may be, and their services shall be continuous.] [[Sub-Section (1) substituted by W.B. Act 18 of 2004, which was earlier as under:-
'(1) If, at any time, the whole of the area of a Gram is included in a municipality by a notification under any law for the time being in force or in an area under the authority of a Town Committee or a Cantonment, the Gram Panchayat concerned shall cease to exist within six months from the date of the notification or with effect from such date as may be specified in the notification or with effect from the date on which elections to the newly constituted body are completed, whichever is earlier, and the properties, funds and other assets vested in such Gram Panchayat and all the rights and liabilities of such Gram Panchayat shall vest in and devolve on the Commissioners of the Municipality or on the Town Committee or on the Cantonment Authority, as the case may be, in accordance with the orders of the prescribed authority. The persons employed under such Gram Panchayat shall, with effect from the date on which the Gram Panchayat ceases to exist, be deemed to be employed by the Municipality or the Town Committee or the Cantonment Authority, as the case may be, on terms and conditions not being less advantageous than what they were entitled to immediately before such inclusion.'.]]
(2) [ If, at any time, a part of the area of a Gram is included in a Municipality by a notification under any law for the time being in force or in an area under the authority of a Town Committee or a Cantonment, the area of the Gram shall be deemed to have been reduced to the extent of the part so included in such Municipality or under the authority of such Town Committee or Cantonment on expiry of six months from the date of the notification or with effect from such date as may be specified in the notification or with effect from the date on which election to the newly constituted body from the area so included are completed, whichever is earlier and the properties, funds and liabilities of the Gram Panchayat in respect of the part so included shall vest in and devolve on the Municipality. Town Committee or Cantonment Authority, as the case may be, in accordance with such allocation as may be determined by the prescribed authority and such determination shall be final and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in the area under the authority of the Municipality, Town Committee or Cantonment, as the case may be, shall apply to the part of the area of the Gram so included.] [[Sub-Section (2) substituted by W.B. Act 15 of 1997, which was earlier as under:-
'(2) If, at any time, a part of the area of a Gram is included in a municipality or in an area constituted as a notified area under section 93A of the Bengal Municipal Act. 1932, or in an area under the authority of a Municipal Corporation, a Town Committee or a Cantonment, the area of the Gram shall be deemed to have been reduced to the extent of the part so included in a municipality or in the area constituted as a notified area or under the authority of a Municipal Corporation, a Town Committee or a Cantonment, and the properties, funds and liabilities of the Gram Panchayat cancelled in respect of the part so included shall vest in and devolve on, the Commissioners of the Municipality or the notified area authority or on the Municipal Corporation or on the Town Committee or on the Cantonment Authority, as the case may be, in accordance with such allocation as may be determined by the prescribed authority and such determination shall be final and. unless the State Government otherwise directs, all rules, orders, directions and notifications in force in the area under the authority of the Commissioners of the Municipality, notified area authority. Municipal Corporation. Town Committee or Cantonment, as the case may be, shall apply to the part of the area of the Gram so included.'.]]
### 6A. [ Constitution of Gram Panchayat comprising whole or part of area of Municipality.
[Section 6A inserted by W.B. Act 2 of 1995.]
(1) If the State Government is of opinion that the whole or any part of the area of a Municipal it y has changed its character and should constitute one or more Gram Panchayats, the State Government may, by notification, after previous publication of the draft of the notification in the Official Gazette, -
(a) include such area in an existing Gram Panchayat to be specified in the notification, or
(b) constitute one or more Gram Panchayats in such area:
Provided that the draft of the notification shall also be published in at least two local newspapers published from any place within the district in which the area of the Municipality is situated, inviting objections and suggestions within a period of two months from the date of such publication, and any objection or suggestion which may be received, shall be considered by such authority as may be appointed by the State Government in this behalf, within three months from the date of such publication, after giving the persons concerned an opportunity of being heard.
(2) Within six months from the date of publication of the notification under sub-section (1), elections shall be held to the Gram Panchayat from the area specified in the notification and, with effect from the date of completion of such elections, the area shall be deemed to be included in the Gram Panchayat so specified or so constituted, as the case may be, and the Municipality in the area so notified shall cease to exist:
Provided that if such area or any part thereof constitutes under any law for the time being in force one or more constituencies of a Panchayat Samiti or Zilla Parishad or of the Mahakuma Parishad, elections to that Panchayat Samiti or Zilla Parishad or to the Mahakuma Parishad, as the case may be, such constituency or constituencies shall be held simultaneously with the elections to the Gram Panchayat:
Provided further that if such area cannot constitute one or more constituencies of a Panchayat Samiti or Zilla Parishad or of the Mahakuma Parishad, the area shall be included in a contiguous constituency and no election shall be held from that constituency to the Panchayat Samiti or the Zilla Parishad or the Mahakuma Parishad, as the case may be, during the unexpired term of the members of such body holding office at the time.
(3) With effect from the date on which the area as aforesaid is included in a Gram Panchayat, -
(a) the properties, funds and liabilities of the Municipality in respect of the area so included, shall vest in and devolve on the Gram Panchayat, the Panchayat Samiti, the Zilla Parishad or the Mahakuma Parishad in accordance with such allocation as may be determined by the prescribed authority, and
(b) the persons among those employed by the Municipality in respect of the area so included shall be deemed to be employed by the Gram Panchayat, the Panchayat Samiti, the Zilla Parishad or the Mahakuma Parishad in accordance with such allocation as may be determined by the prescribed authority.]
### 7. [ Term of office of members of Gram Panchayat
[Substituted by W.B. Act 18 of 1994.]
.- (1) The members of a Gram Panchayat shall, subject to the provisions of sections 11 and 213A, hold office for a period of five years from the date appointed for its first meeting and no longer.
(2) There shall be held a general election for the constitution of a Gram Panchayat within a period not exceeding five years from the date of the previous general election held for the Gram Panchayat:]
['Explanation' inserted by W.B. Act 15 of 1997.]
[Provided that if the first meeting of the newly-formed Gram Panchayat cannot be held before the expiry of the period of five years under sub-section (1) , the State Government may, by order, appoint any authority, person or persons to exercise and perform, subject to such conditions as may be specified in the order, the powers and functions of the Gram Panchayat under this Act or any other law for the time being in force, for a period not exceeding three months or until the date on which such first meeting of the newly-formed Gram Panchayat is held, whichever is earlier.]
[Added by W.B. Act 8 of 2010.]
### 7A. [[Section 7A first inserted by W.B. Act 17 of 1992, then omitted by W.B. Act 18 of 1994, which was as under:-
'7A. General election to Gram Panchayats. - (1) There shall be held a general election for the constitution of a Gram Panchayat in accordance with the provisions of section 4 before the expiry of the term of office of the members thereof under section 7.
[(2) Notwithstanding anything contained in sub-section (1), if the State Government is of opinion that circumstances exist under which it is not possible to hold election in the area or any part of the area of a Gram Panchayat, it may, on the expiry of the term of office of the members of the Gram Panchayat under sub-section (1) of section 7, by an order published in the Official Gazette, extend such term of office for such period, not exceeding six months at a time, as may be specified in the order:
Provided that prior to the issue of any notification for such extension of the term of office beyond six months from the date of expiry of the term under sub-section (1) of section 7, such notification shall be laid before the State Legislature and shall be subject to such modification as the State Legislature may make.'.]]
\* \* \* \* \* \* \*]
[Sub-Section (2A) inserted by W.B. Act 17 of 1992.]
### 8. Disqualifications of members of Gram Panchayat.
- Subject to the provisions contained in sections 94 and 97, a person shall not be qualified to be a member of a Gram Panchayat, if -
(a) he is a member of [\* \* \* \* \*]
[Words 'a Nyaya Panchayat or a Panchayat Samiti or a Zilla Parishad or of' omitted by W.B. Act 37 of 1984.]
any municipal authority constituted under any of the Acts referred to in sub-section (2) section 1; or
(b) [ he is in the service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti [or a Zilla Parishad or the Mahakuma Parishad or the Council;] [[Clause (b) substituted by W.B. Act 6 of 1985, w.e.f. 25.1.1985, which was earlier as under:-
'(b) he is in the service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti or a Zilla Parishad;']] and for the purposes of this clause, it is hereby declared that a person in the service of any undertaking of the Central or the State Government or any statutory body or Corporation or any public or Government company or any local authority or any co-operative society or any banking company or any university or any Government sponsored institution or any educational or other institution or undertaking or body receiving any aid from the Government by way of grant or otherwise or a person not under the rule-making authority of the Central or the State Government or a person receiving any remuneration from any undertaking or body or organisation or association of persons as the employee or being in the service of such undertaking or body or organisation or association of persons out of funds provided or grants made or aids given by the Central or the State Government, shall not be deemed to be in the service of the Central or the State Government; or]
(c) he has, directly or indirectly by himself or by his partner or employer or an employee, any share or interest in any contract with, by or on behalf of, the Gram Panchayat, or the Panchayat Samiti of the Block comprising the Gram concerned, [or the Zilla Parishad of the district, or the Mahakuma Parishad, or the Council:]
[Words substituted for the words 'or the Zilla Parishad of the district;' by W.B. Act 20 of 1988.]
Provided that no person shall be deemed to be disqualified for being elected a member of a Gram Panchayat by reason only of his having a share or interest in any public company as defined in the Companies Act, 1956, which contracts with or is employed by the Gram Panchayat or Panchayat Samiti of the Block comprising the Gram [or the Zilla Parishad of the district or the Mahakuma Parishad or the Council;]
[Words substituted for the words 'or the Zilla Parishad of the district;' by W.B. Act 20 of 1988.]
or
(d) he has been dismissed from the service of the Central or a State Government or a local authority or a co-operative society, or a Government company or a Corporation owned or controlled by the Central or a State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal; or
(e) he has been adjudged by a competent court to be of unsound mind; or
(f) he is an undischarged insolvent; or
(g) he being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or
(h) (i)
he has been convicted by a court -
(A) of an offence involving moral turpitude punishable with imprisonment for a period of more than six months, or
(B) of an offence under Chapter IXA of the Indian Penal Code, or
(C) under section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952 and five years have not elapsed from the date of the expiration of the sentence; or
(ii) he is disqualified for the purpose of elections to the State Legislature under the provisions of Chapter III of Part II of the Representation of the People Act, 1951; or
(i) [ he has not attained the age of twenty-one years on the date fixed for the scrutiny of nominations for any election; or]
[Clauses (i) to (m) inserted by W.B. Act 18 of 1994.]
(j) [ he has been convicted under section 9A at any time during the last ten years; or]
[Clauses (i) to (m) inserted by W.B. Act 18 of 1994.]
(k) [ he has been convicted under section 189 at any time during the last ten years; or]
[Clauses (i) to (m) inserted by W.B. Act 18 of 1994.]
(l) [ he has been surcharged or charged under section 192 at any time during the last ten years; or]
[Clauses (i) to (m) inserted by W.B. Act 18 of 1994.]
(m) [ he has been removed under section 213 at any time during the period of last five years.]
[Clauses (i) to (m) inserted by W.B. Act 18 of 1994.]
### 9. Pradhan and Upa-Pradhan.
(1) Every Gram Panchayat shall, at its first meeting at which a quorum is present, elect, in the prescribed manner, one of its members to be the Pradhan and another member to be the Upa-Pradhan of the Gram Panchayat:
[Provided that the members referred to in clause (ii) of sub-section (2A) of section 4]
[Proviso inserted by W.B. Act 17 of 1992.]
[shall neither participate in, nor be eligible for, such election:]
[Words substituted for the words 'shall not be eligible for such election,' by W.B. Act 18 of 1994.]
[Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that on being elected, he shall be a wholetime functionary of his office and that during the period for which he holds or is due to hold such office, he shall not hold any office of profit unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his powers, performance of his functions or due discharge of his duties:]
[Proviso inserted by W.B. Act 15 of 1997.]
[Provided also that after being elected to the office of a full time office bearer, he shall be allowed lien or leave of absence from the place of his employment for his full tenure in the office of the Pradhan with effect from the date of his joining to such office by the Department or authority or undertaking or aided institution of the State Government under which he holds his office of profit:]
[Proviso Inserted by Act No. 5 of 2014, dated 31.3.2014.]
[ [(Provided also)]
[Provisos inserted by W.B. Act 18 of 1994.]
that subject to such rules as may be made by the State Government in this behalf, the offices of the Pradhan and the Upa-Pradhan shall be reserved for the Scheduled Castes and the Scheduled Tribes in such manner that the number of offices so reserved at the time of any general election shall bear, as nearly as may be, the same proportion to the total number of such offices within a district as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, in all the Blocks within such district taken together bears with the total population in the same area, and such offices shall be subject to allocation by rotation in the manner prescribed:]
[Provided also that the offices of the Pradhan and the Upa-Pradhan in any Gram Panchayat having the Scheduled Castes or the Scheduled Tribes population, as the case may be, constituting not more than five per cent of the total population in the Gram, shall be considered for allocation by rotation:]
[Provisos inserted by W.B. Act 18 of 1994.]
[Provided also that in the event of the number of Grams having the Scheduled Castes or the Scheduled Tribes population constituting more than five per cent of the total population, falling short of the number of the offices of the Pradhan and the Upa-Pradhan required for reservation in a district, the State Election Commissioner may, by order, include, for the purpose of reservation, other such offices of the Pradhan and the Upa-Pradhan beginning from the Gram having higher proportion of the Scheduled Castes or the Scheduled Tribes, as the case may be, until the total number of seats required for reservation is obtained:]
[Provisos inserted by W.B. Act 18 of 1994.]
[Provided also that in a district, determination of the offices of the Pradhan reserved for the Scheduled Castes, the Scheduled Tribes and women shall precede such determination of the offices of the Upa-Pradhan]
[Provisos inserted by W.B. Act 24 of 1997.]
:
[Provided also that if, for any term of election (hereinafter referred to in this proviso as the said term of election), the office of the Pradhan in a Gram Panchayat is reserved for any category of persons in accordance with the rules in force, the office of the Upa-Pradhan in that Gram Panchayat shall not be reserved for the said term of election for any category, and if, in accordance with the rules applicable to the office of the Upa-Pradhan, such office is required to be reserved for the said term of election, such reservation for the same category shall be made in another office of the Upa-Pradhan within the district in the manner prescribed, keeping the total number of offices so reserved for the said term of election equal to the number of such offices required to be reserved in accordance with the rules in force:]
[Provisos inserted by W.B. Act 24 of 1997.]
[Provided also that when in any term of election, an office of the Upa-Pradhan in not reserved on the ground that the corresponding office of the Pradhan is reserved in the manner prescribed, such office of the Upa-Pradhan not reserved on the ground as aforesaid, shall be eligible for consideration for reservation during the next term of election in the manner prescribed:]
[Provisos inserted by W.B. Act 24 of 1997.]
[provided also that not less than one-third of the total number of the offices of the Pradhan and the Upa-Pradhan reserved for the Scheduled Castes and the Scheduled Tribes in a district, shall be reserved by rotation for the women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be:]
[Provisos inserted by W.B. Act 18 of 1994.]
[Provided also that not less than one-third of the total number of offices of the Pradhan and the Upa-Pradhan in a district including the offices reserved for the Scheduled Castes and the Scheduled Tribes, shall be reserved for the women, and the offices so reserved shall be determined by rotation in such manner as any be prescribed:]
[Provisos inserted by W.B. Act 18 of 1994.]
[Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section or elsewhere in this Act, the principle of rotation for the purpose of reservation of offices under this sub-section shall commence from the first general elections to be held after the coming into force of section 8 of the West Bengal Panchayat (Amendment) ) Act, 1994, and the roaster for reservation by rotation shall continue for every three successive terms for the complete rotation unless the State Election Commissioner, for reasons to be recorded in writing and by notification, directs fresh commencement of the rotation at any stage excluding one or more terms from the operation of the rotation:]
[Provisos inserted by W.B. Act 18 of 1994.]
[Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no woman, for whom the offices are reserved under this sub-section, shall if eligible for the office of the Pradhan or the Upa-Pradhan, be disqualified for election to any office not so reserved:]
[Provisos inserted by W.B. Act 18 of 1994.]
[Provided also that the provisions for reservation of the offices of the Pradhan and the Upa-Pradhan for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India.]
[Provisos inserted by W.B. Act 18 of 1994.]
(2) The meeting to be held under sub-section (1) shall be convened by the prescribed authority in the prescribed manner.
(3) The Pradhan and the Upa-Pradhan shall, subject to the provisions of section 12 and to their continuing as members, hold office for a period of [five years]
[Words substituted for the words 'four years' by W.B. Act 12 of 1982, w.e.f. 4.8.1982.]
:
[\* \* \* \* \* \* \*] [[Proviso omitted by W.B. Act 18 of 1994, which was as under:
'Provided that a Pradhan or an Upa-Pradhan shall continue in office after the expiry of the said period until a new Pradhan or Upa-Pradhan Is elected and assumes office or until an authority, or a person or persons is or are appointed under the proviso to sub-section (2) of section 7.'.]]
(4) When -
(a) the office of the Pradhan falls vacant by reason of death, resignation, removal or otherwise, or
(b) the Pradhan is, by reason of leave, illness or other cause, temporarily unable to act,
the Upa-Pradhan shall exercise the powers, perform the functions and discharge the duties of the Pradhan until a new Pradhan is elected and assumes office or until the Pradhan resumes his duties, as the case may be.
(5) When -
(a) the office of the Upa-Pradhan falls vacant by reason of death, resignation, removal or otherwise, or
(b) the Upa-Pradhan is, by reason of leave, illness or other cause, temporarily unable to act,
the Pradhan shall exercise the powers, perform the functions and discharge the duties of the Upa-Pradhan until a new Upa-Pradhan is elected and assumes office or until the Upa-Pradhan resumes his duties, as the case may be.
(6) When the offices of the Pradhan and the Upa-Pradhan are both vacant, or the Pradhan and the Upa-Pradhan are temporarily unable to act, the prescribed authority may appoint [for a period of thirty days at a time]
[Words inserted by W.B. Act 18 of 1994.]
a Pradhan and an Upa-Pradhan from among the members of the Gram Panchayat to act as such until a Pradhan or an Upa-Pradhan is elected and assumes office [or until the Pradhan or the Upa-Pradhan resumes duties, as the case may be]
[Words inserted by W.B. Act 37 of 1984.]
.
(7) The Pradhan and the Upa-Pradhan of a Gram Panchayat shall be entitled to leave of absence for such period or periods as may be prescribed.
(8) [ On election of the Pradhan following a general election or the office of the Pradhan otherwise falling vacant, the Pradhan holding office for the time being or the Upa-Pradhan or any authority or any other member exercising the powers, performing the functions and discharging the duties of the Pradhan shall make over all cash, assets, documents, registers and seals which he may have in his possession, custody or control as soon thereafter as possible on such date, place and hour as may be fixed by the Block Development Officer to the newly-elected Pradhan or, in the case of a vacancy occurring otherwise, to the Upa-Pradhan or to the authority or person, as the case may be, referred to in the proviso to sub-section (2) of section 7 or sub-section (6) of this section or clause (b) of sub-section (1) of section 215 [or section 216]
[Sub-Section (8) inserted by W.B. Act 18 of 1983, w.e.f. 23.6.1983.]
in the presence of the Block Development Officer or any other officer authorised in writing by him in this behalf.]
(9) [ On the alteration of the area of Gram under sub-section (3) of section 3 or sub-section (2) of section 6 or inclusion of Gram in a Municipality or a notified area or Municipal Corporation or a Town Committee or a Cantonment under sub-section (1) of section 6, and the effect of such alteration or inclusion, as the case may be, coming into force, the Pradhan or the Upa-Pradhan or any other authority or any other person exercising the powers, performing the functions and discharging the duties of the Pradhan immediately before such alteration or inclusion of the area of the Gram concerned shall make over the properties, funds and other assets vested in such Gram Panchayat and all the rights and liability of such Gram Panchayat in compliance with the order of the prescribed authority under sub-section (5) of section 5 and sub-sections (1) and (2) of section 6.]
[Sub-Section (9) inserted by W.B. Act 37 of 1984.]
(10) [ Notwithstanding anything to the contrary contained in this Act, the State Government may, by an order in writing, remove a Pradhan or a Upa-Pradhan from his office if, in its opinion he holds any office of profit or carries on or is associated with any business, profession or calling in such manner that shall, or is likely to, interfere with due exercise of his powers, performance of his functions or discharge of his duties:]
[Sub-Section (10) inserted by W.B. Act 15 of 1997.]
Provided that the State Government shall, before making any such order, give the person concerned an opportunity of making a representation against the proposed order.
### 9A. [ Penalty for default.
[Section 9A inserted by W.B. Act 18 of 1983. w.e.f. 23.6.1983.]
- If a Pradhan or an Upa-Pradhan or an authority or a person referred to in sub-section (8) [and sub-section (9)] of section 9 fails to comply with the provisions of that sub-section, he shall be punishable with imprisonment for a term which may extend to three years or liable to pay fine not exceeding two thousand rupees or both and the offence shall be cognizable:
Provided that without prejudice to the foregoing penal provisions such default shall also be construed as a misconduct for which he may be debarred from standing as a candidate in any election in any capacity under this Act for such term as may be determined by the prescribed authority after giving the person concerned an opportunity of being heard and any order debarring him shall be in writing stating the reasons therefor and shall also be published in the Official Gazette.]
### 10. [ Resignation of Pradhan or Upa-Pradhan or a member.
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(1) The Pradhan or the Upa-Pradhan or any other member of a Gram Panchayat may resign his office by notifying in writing his intention to do so, preferably mentioning the reasons for his resignation and also his present postal address for further communication, to the prescribed authority.
(2) On receipt of the letter under sub-section (1), the prescribed authority shall issue within three days a letter by registered post to the person tendering such resignation, requesting him to appear in person before the prescribed authority within seven days from the date of receipt of such letter for a hearing on the resignation tendered.
(3) During the hearing held under sub-section (2), the prescribed authority shall ascertain whether the resignation has been tendered under own volition of the person and also whether such person intends to withdraw his letter of resignation.
(4) The prescribed authority shall pass a reasoned order and either allow such person to withdraw in writing the letter of resignation instantly or accept the resignation tendered with immediate effect:
Provided that if such person does not appear in the hearing without any form of communication to the prescribed authority, the letter of resignation tendered by him shall be treated as wilful resignation and the prescribed authority shall accept it forthwith.
(5) When the resignation is accepted under sub-section (4), the relevant office shall stand vacated from the date of such acceptance and an intimation in writing shall be sent by the prescribed authority within next three working days to the Executive Assistant of the Gram Panchayat or in his absence to the person officiating in the post as well as to the person tendering resignation directing him to make over charges of his office within next five working days to the person as may be mentioned in the letter or if no person is so mentioned, to relinquish the charges within the aforesaid period in writing addressed to the Executive Assistant with a copy endorsed to the prescribed authority and also to hand over to the Executive Assistant all documents, registers, seals, assets and cash, if any, owned by the Gram Panchayat or any Gram Unnayan Samiti, which are in his custody.
(6) The entire process of acceptance of resignation and intimating the person concerned shall be completed within thirty days from the date of receipt of such letter of resignation by the prescribed authority.]
### 11. Removal of member of Gram Panchayat.
(1) The prescribed authority may, after giving an opportunity to a member of a Gram Panchayat to show cause against the action proposed to be taken against him, by order remove him form office -
(a) if after his election he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than six months; or
(b) if he was disqualified to be a member of the Gram Panchayat at the time of his election; or
(c) if he incurs any of the disqualifications mentioned in clauses (b) to (g) of section 8 after his election as a member of the Gram Panchayat; or
(d) if he is absent from three consecutive meetings of the Gram Panchayat without the leave of the Gram Panchayat; or
(e) if he does not pay any arrear in respect of any tax, toll, fee or rate payable under this Act or the Bengal Village Self-Government Act, 1919, or the West Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963.
(2) Any member of a Gram Panchayat who is removed from his office by the prescribed authority under sub-section (1) may, within thirty days from the date of the order, appeal to such authority as the State Government may appoint in this behalf, and thereupon, the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority, and after giving the appellant an opportunity of being heard, modify, set aside or confirm the order.
(3) The order passed by such authority on such appeal shall be final.
### 12. [ Motion of no confidence or removal of Pradhan or Upa-Pradhan.
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(1) Subject to other provisions of this section, the Pradhan or the Upa-Pradhan of a Gram Panchayat may, at any time, be removed from his office by the majority of the existing members of the Gram Panchayat, referred to in clause (i) of sub-section (2A) of section 4, expressing their lack of confidence against the Pradhan or the Upa-Pradhan or recording their decision to remove the Pradhan or the Upa-Pradhan, at a meeting specially convened for the purpose.
(2) For the purpose of removal of the Pradhan or the Upa-Pradhan, one-third of the existing members referred to in sub-section (1) subject to a minimum of three members shall sign a motion in writing expressing their lack of confidence against the Pradhan or the Upa-Pradhan or recording their intention to remove the Pradhan or the Upa-Pradhan, indicating party affiliation or independent status of each of such members and either deliver the motion in person through any of the members or send it by registered post to the prescribed authority; one copy of the motion shall be delivered to the concerned office bearer either by hand or by registered post at the Gram Panchayat office and another copy shall be sent by registered post at his residential address.
(3) The prescribed authority on receipt of the motion shall satisfy himself that it conforms to the requirements of sub-section (2) and on his satisfaction shall specially convene, by issue of notice, within five working days of the receipt of the motion, a meeting of the Gram Panchayat to be held in its office fixing date and hour of the meeting and sending such notice at least before clear seven days to each of its existing members for consideration of the motion and for taking a decision on it.
(4) The meeting referred to in sub-section (3) shall be held on a working day which shall not be later than fifteen working days from the date of receipt of the motion by the prescribed authority and the meeting so convened shall not be adjourned or cancelled except in pursuance of an order or direction of a competent court or for any other reason beyond control of the prescribed authority.
(5) Such meeting shall be presided over by an officer, as may be authorized by the prescribed authority, in the manner as may be directed by order by the State Government or as may be prescribed and the presiding officer before commencement of the meeting shall ensure that notice has been duly served to every member in the manner laid down in this behalf; quorum required for such meeting shall be more than fifty percent of the existing members referred to in sub-section (1) and the presiding officer shall not be entitled to vote at the meeting although he may advise on one or more points of law without expressing his own views.
(6) If there is no consensus decision in the meeting, voting shall be held by open ballot wherein each participating member shall put his full signature or his left thumb impression to be attested by the leader, referred to in section 213A, of the same political party to which the member belongs or by the said presiding officer on the reverse side of the ballot paper.
(7) The minutes of the meeting shall be written by the Secretary or in his absence, by any other official as authorized by the presiding officer. Such minutes shall record in brief names of the members present, the procedure followed, names of the members who voted for or against the motion and the decision adopted unanimously or by the majority of its existing members and shall be signed by him as well as by the presiding officer.
(8) After the minutes of the meeting is signed by the presiding officer, it shall be read over to all the attending members who shall thereafter put their signatures or left thumb impressions, as the case may be, on the minutes in confirmation of the proceedings recorded. Then the presiding officer shall again put his signature on the same document after recording the names of members, if any, who have declined to sign or left earlier and thereafter he shall collect a copy of the minutes before leaving the premises.
(9) (a)
The Executive Assistant or in his absence the Secretary of the Gram Panchayat shall, within three working days of the meeting, forward a copy of the minutes of the meeting to the prescribed authority.
(b) The presiding officer shall also submit a separate report in writing alongwith a copy of the minutes of the meeting within the aforesaid time to the prescribed authority.
(10) On receipt of the minutes of the meeting and the report under sub-section (9), the prescribed authority shall, within next five working days, take such action as he may deem fit and the entire process commencing from submission of motion to the prescribed authority upto the action finally taken by him shall be completed within thirty days.
(11) If the motion is not carried by the majority of its existing members or the meeting cannot be held for want of quorum, no notice of any subsequent motion for the removal of the same office bearer shall be taken into cognizance within a period of one year from the date appointed for such meeting.
(12) Notwithstanding anything contained in sub-section (1), no meeting for removal of the Pradhan or the Upa-Pradhan under this section shall be convened within a period of one year from the date of election of the Pradhan or the Upa-Pradhan either at the first meeting following reconstitution of Gram Panchayat or for filling casual vacancy in the said office.]
### 13. Filling of casual vacancy in the office of Pradhan or Upa-Pradhan.
- In the event of removal of a Pradhan or an Upa-Pradhan under section 12 or when a vacancy occurs in the office of a Pradhan or an Upa-Pradhan by resignation, death or otherwise, the Gram Panchayat shall elect another Pradhan or Upa-Pradhan in the prescribed manner.
### 14. Filling of casual vacancy in place of a member of Gram Panchayat.
- If the office of a member of a Gram Panchayat becomes vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled in the prescribed manner by election of another person under this Act.
### 15. Term of office of Pradhan, Upa-Pradhan or member filling casual vacancy.
- Every Pradhan or Upa-Pradhan elected under section 13 and every member elected under section 14 to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the person in whose place he becomes a member.
### 16. Meetings of Gram Panchayat.
(1) Every Gram Panchayat shall hold a meeting at least once in a month [in the office of the Gram Panchayat. Such meeting shall be held on such date and at such hour as the Gram Panchayat may fix at the immediately preceding meeting:]
[Words substituted for the words 'at such time and at such place within the local limits of the Gram concerned as the Gram Panchayat may fix at the immediately preceding meeting;' by W.B. Act 37 of 1984.]
Provided that the first meeting of a newly-constituted Gram Panchayat shall be held [on such date and at such hour and]
[Words inserted by W.B. Act 37 of 1984.]
at such place within the local limits of the Gram concerned as the prescribed authority may fix:
Provided further that the Pradhan when required in writing by [one-third]
[Words substituted for the words 'one-third' by W.B. Act 37 of 1984.]
of the members of the Gram Panchayat subject to a minimum of [three members]
[ Words substituted for the words 'four members' by W.B. Act 37 of 1984.]
to call a meeting [shall do so fixing the date and hour of such meeting [to be held]
[Words substituted for the words 'shall do within seven days,' by W.B. Act 37 of 1984.]
within fifteen days after giving intimation to the prescribed authority and seven days' notice to the members of the Gram Panchayat,] failing which the members aforesaid may call a meeting [to be held]
[Words inserted by W.B. Act 15 of 1997.]
[within thirty-five days]
[Words inserted by W.B. Act 17 of 1992.]
after giving intimation to the prescribed authority and seven clear days' notice to the Pradhan and other members of the Gram Panchayat. Such meeting shall be held [in the office of the Gram Panchayat on such date and at such hour]
[Words substituted for the words 'at such time and at such place within the local limits of the Gram concerned' by W.B. Act 37 of 1984.]
as the members calling the meeting may decide. [The prescribed authority may appoint an observer for such meeting who shall submit to the prescribed authority a report in writing duly signed by him within a week of the meeting on the proceedings of the meeting. The prescribed authority shall, on receipt of the report, lake such action thereon as it may deem fit:]
[Words inserted by W.B. Act 37 of 1984.]
[\*\*\*]
[Omitted 'proviso' by W.B. Act No. 8 of 2010, dated 13.5.2010.]
[Provided also that if the Gram Panchayat does not fix at any meeting the date and the hour of the next meeting or if any meeting of the Gram Panchayat is not held on the date and the hour fixed at the immediately preceding meeting, the Pradhan shall call a meeting of the Gram Panchayat on such date and at such hour as he thinks fit.]
[Proviso inserted by W.B. Act 37 of 1984.]
(2) The Pradhan or in his absence the Upa-Pradhan shall preside at the meeting of the Gram Panchayat; and in the absence of the both [or on the refusal of any or both to preside at a meeting]
[Words inserted by W.B. Act 2 of 1995, w.e.f. 28.12.1994.]
, the members present shall elect one of them to be the President of the meeting.
(3) [One-third]
[Words substituted for the word 'one-fourth' by W.B. Act 37 of 1984.]
of the total number of members subject to a minimum of [three]
[Words substituted for the word 'four' by W.B. Act 37 of 1984.]
members shall form a quorum for a meeting of a Gram Panchayat:
Provided that no quorum shall be necessary for an adjourned meeting.
(4) All questions coming before a Gram Panchayat shall be decided by a majority of votes:
Provided that in case of equality of votes the person presiding shall have a second or casting vote:
[Provided further that in case of any requisitioned meeting the person presiding shall have no second or casting vote.]
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
### 16A. [ [Meetings of the Gram Sansad.] [Section 16A first inserted by W.B. Act 37 of 1984, then substituted by W.B. Act 17 of 1992. Previous Section 16A was as under:-
'16A. Public meeting of the Gram Panchayat. - (1) Every Gram Panchayat shall hold within the local limits of the Gram an annual and a half-yearly public meeting for each constituency of the Gram at such place, on such date and at such hour as may be fixed by the Gram Panchayat:
Provided that such annual or half-yearly meeting for a number of constituencies of a Gram Panchayat taken together may be held at the same place and on the same date and hour:
Provided further that the annual public meeting shall ordinarily be held in the month of May and the half-yearly public meeting shall ordinarily be held in the month of November every year.
[(2) The Gram Panchayat shall, at least seven days before the date of holding the meetings referred to in sub-section (1) give public notice of such meetings by beat of drums as widely as possible, announcing the place, date and hour of the meeting. A notice of such meeting shall also be hung up in the office of the Gram Panchayat.'.]]
(1) Every constituency of a Gram Panchayat under clause (a) of sub-section (3) of section 4 shall have a [Gram Sansad]
[Words substituted for the words 'Gram Sabha' by W.B. Act 18 of 1994.]
consisting of persons whose names are included in the electoral roll of the West Bengal Legislative Assembly for the time being in force pertaining to the area comprised in such constituency of the Gram Panchayat.
(2) Every Gram Panchayat shall hold within the local limits of the Gram an annual and a half-yearly meeting for each [Gram Sansad]
[Words substituted for the words 'Gram Sabha' by W.B. Act 18 of 1994.]
at such place, on such date and at such hour as may be fixed by the Gram Panchayat:
Provided that the annual meeting of the [Gram Sansad]
[Words substituted for the words 'Gram Sabha' by W.B. Act 18 of 1994.]
shall be held ordinarily in the month of May and the half-yearly meeting of the [Gram Sansad]
['Words substituted for the words 'Gram Sabha' by W.B. Act 18 of 1994.']
shall be held ordinarily in the month of November every year:
[Provided further that a Gram Panchayat may, in addition to the annual and the half-yearly meeting, hold extraordinary meeting of a Gram Sansad, at any time if the situation so warrants or if the State Government, by order, so directs and for the purpose of holding such extraordinary meeting, provisions of this section shall apply.]
[Second proviso to sub-section (2) inserted by W.B. Act 15 of 1997.]
(3) The Gram Panchayat shall, at least seven days before the date of holding the meetings referred to in sub-section (2), give public notice of such meetings by beat of drums as widely as possible, announcing the agenda, place, date and hour of the meeting. A notice of such meeting shall also be hung up in the office of the Gram Panchayat.
(4) Every meeting of the Words substituted for the [Gram Sansad]
[words 'Gram Sabha' by W.B. Act 18 of 1994.]
shall be presided over by the Pradhan and, in his absence, by the Upa-Pradhan and in the absence of both, the member or one of the members, as the case may be, elected from the constituency comprising the [Gram Sansad]
[Words substituted for the words 'Gram Sabha' by W.B. Act. 18 of 1994.]
or, in the absence of such member or members, any other member of the Gram Panchayat shall preside over the meeting:
Provided that when two members are elected from the constituency, the member senior in age shall have priority in presiding over the meeting:
[Provided further that every member elected from the constituency shall attend each meeting of the Gram Sansad]
[Second proviso to sub-section (4) inserted by W.B. Act 15 of 1997.]
.
(4A)
[ One-tenth of the total number of members shall form a quorum for a meeting of a Gram Sansad]
[Sub-Section (4a) inserted by W.B. Act 18 of 1994.]
:
[Provided that if there is no quorum available in such meeting, the meeting shall be adjourned to be held at the same place and hour on the seventh day after the date of such meeting in the manner as may be prescribed] [Proviso substituted by W.B. Act
[8 of 2003
. which was earlier as under:-
'Provided that no quorum shall be necessary for an adjourned meeting which shall be held at the same time and place after seven days.'.]].
(5) The attendance of the members of the [Gram Sansad]
[Words substituted for the words 'Gram Sabha' by W.B. Act. 18 of 1994.]
in the annual and the half-yearly meeting and the proceedings of such meetings shall be recorded by such officer or employee of the Gram Panchayat or, in the absence of the officers and employees of the Gram Panchayat, by such member of the Gram Panchayat as may be authorised by the presiding member in this behalf. Such proceedings shall be read out before the meeting is concluded and the presiding member shall then sign it.
(6) [ A Gram Sansad shall guide and advise the Gram Panchayat in regard to the schemes for economic development and social justice undertaken or proposed to be undertaken in its area [and for the aforesaid purpose, the outlines of such perspective plan and annual plan as adopted by the Gram Sansad for its area shall be the basis of Gram Panchayat plan]
[Sub-Section (6) substituted by W.B. Act 18 of 1994.]
and may, without prejudice to the generality of such guidance and advice, -
(a) identity, or lay down principles for identification of, the schemes which are required to be taken on priority basis for economic development of the village,
(b) identify, or lay down principles for identification of, the beneficiaries for various poverty alleviation programmes,]
(c) [ constitute a Gram Unnayan Samiti with such number of functional committees as may be required, in such manner as may be prescribed, having jurisdiction over the area of the Gram Sansad for ensuring active participation of the people in implementation, maintenance and equitable distribution of benefits with respect to such subjects, as may be prescribed:] [Clause (c) substituted by W.B. Act
[8 of 2003
, which was earlier as under:-
'(c) constitute one or more beneficiary committees comprising not more than nine persons, who are not members of the Gram Panchayat for ensuring active participation of the people in implementation, maintenance and equitable distribution of benefits of one or more schemes in its area.'.]]
Provided that the Gram Unnayan Samiti shall be accountable for its functions and decisions, to the Gram Sansad and the Gram Sansad shall exercise its power and authority in this behalf in such manner, as may be prescribed.
(d) mobilise mass participation for community welfare programmes and programmes for adult education, family welfare and child welfare,
(e) promote solidarity and harmony among all sections of the people irrespective of religion, faith, casts, creed or race,
(f) record its objection to any action of the Pradhan or any other member of the Gram Panchayat for failure to implement any development scheme properly or without active participation of the people of that area.]
[Provided that without prejudice to the terms and conditions laid down in the guidelines relating to a poverty alleviation programme in which beneficiaries are selected not on the basis of entitlement or demand but using discretion of the Panchayat body concerned, the implementing agency shall take steps to ensure that as nearly as possible three percent of the total number of beneficiaries for such programme shall constitute people with any form of disability.]
[Added by W.B. Act No. 8 of 2010, dated 13.5.2010.]
### 16B. [ Public Meeting of the Gram Sabha.
[Section 16B inserted by W.B. Act 18 of 1994.]
(1) Ever Gram shall have a Gram Sabha consisting of persons registered in the electoral roll pertaining to the area of the Gram.
(2) Every Gram Panchayat shall hold within the local limits of the Gram an annual meeting, ordinarily in the month of December every year, of the Gram Sabha after completion of the half-yearly meeting of the Gram Sansads.
[Provided that a Gram Panchayat may, in addition to the annual meeting, hold extraordinary meeting of a Gram Sabha at any time if the situation so warrants or if the State Government, by order, so directs and for the purpose of holding such extraordinary meeting, provision of this section shall apply.]
(3) One-twentieth of the total number of members shall form a quorum for a meeting of a Gram Sabha:
Provided that no quorum shall be necessary for an adjourned meeting which shall be held at the same time and place after seven days.
(4) The Gram Panchayat Shall, at least seven days before the date of holding the meeting referred to in sub-section (2), give public notice of such meetings by beat of drums as widely as possible, announcing the agenda, place, date and hour of the meeting. A notice of such meeting shall also be hung up in the office of the Gram Panchayat. Similar publicity shall also be given in the case of an adjourned meeting.
(5) A meeting of the Gram Sabha shall be presided over by the Pradhan of the concerned Gram Panchayat or, in his absence, by the Upa-Pradhan.
(6) All questions coming before a Gram Sabha shall be discussed and points raised there shall be referred to the Gram Panchayat for its consideration.
(7) The Gram Sabha shall deliberate upon, recommend for, and adopt resolution on, any matter referred to in sub-section (6) of section 16A and section 17A:
[\* \* \* \* \* \*] [[Proviso first inserted by W.B. Act 15 of 1997, then omitted by W.B. Act 18 of 2004. The proviso was as under:-
'Provided that constitution of a Beneficiary Committee by a Gram Sansad under clause (c) of sub-section (6) of section 16A, shall not be questioned in any meeting of the Gram Sabha.'.]]
(8) The Gram Panchayat shall, on considering and collating the resolutions of the Gram Sansads, place before the Gram Sabha the resolutions of the Gram Sansads and the views of the Gram Panchayat together with its report on the actions taken and proposed to be taken on them for deliberation and recommendation by the Gram Sabha.
(9) The proceedings of the meetings of the Gram Sabha shall be recorded by such officer or employee of the Gram Panchayat or, in the absence of officers and employees of the Gram Panchayat, by such member of the Gram Panchayat as may be authorised by the presiding member in this behalf. Such proceedings shall be read out before the meeting is concluded and the presiding member shall then sign the proceedings.]
### 17. List of business to be transacted at a meeting.
- A list of the business to be transacted at every meeting of a Gram Panchayat except at an adjourned meeting, shall be sent to each member of the Gram Panchayat in the manner prescribed at least seven days before the time fixed for such meeting and no business shall be brought before or transacted at any meeting, other than the business of which notice has been so given, except with the approval of the majority of the members present at such meeting :
Provided that if the Pradhan thinks that a situation has arisen for which an emergent meeting of the Gram Panchayat should be called, he may call such meeting after giving three days' notice to the members :
Provided further that not more than one matter shall be included in the list of business to be transacted at such meeting.
### 17A. [ [Transaction of business at Gram Sansad meeting.]
[Section 17A inserted by W.B. Act 37 of 1984.]
.
(1) The Gram Panchayat shall place for [deliberation, recommendation and suggestion]
[ Words substituted for the words 'general information' by W.B. Act 17 of 1992.]
-
(a) in the annual [meeting of the (Gram Sansad)]
[Words 'meeting of the Gram Sabha' first substituted for the words 'public meeting' by W.B. Act 17 of 1992, then the words within first brackets substituted for the words 'Gram Sabha' by W.B. Act 18 of 1994.]
-
(i) [the supplementary budget of the Gram Panchayat for the preceding year,]
[Words substituted for the words 'the budget of the Gram Panchayat.' by W.B. Act 2 of 1995, w.e.f. 28.12.1994.]
(ii) the report prepared under section 18 [\* \* \* \* \* \*]
[Words 'and such report shall be deemed to be modified to the extent of the recommendations and suggestions, if any of the Gram Sabhas of the Gram' first inserted by W.B. Act 17 of 1992. then omitted by W.B. Act 18 of 1994.]
,
(iii) [ the annual work plan finally approved and adopted for the current year;
[Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(iv) the annual budget finally approved and adopted for the current year;]
(b) [ in the half-yearly meeting of the Gram Sansad- [[Clause (b) substituted by W.B. Act 2 of 1995, w.e.f. 28.12.1994, which was earlier as under:-
'(b) in the half-yearly meeting of the Gram Sansad the latest report on the audit of the accounts of the Gram Panchayat.'.]]
(i) the budget of the Gram Panchayat for the following year, and
(ii) the latest report on the audit of the accounts of the Gram Panchayat.]
(2) Such other business relating to the affairs of the Gram Panchayat may also be transacted at such annual or half-yearly [meeting of the (Gram Sansad)]
[Words 'meeting of the Gram Sabha' first substituted for the words 'public meeting' by W.B. Act 17 of 1992. then the words within first brackets substituted for the words 'Gram Sabha' by W.B. Act 18 of 1994.]
as may be agreed upon by the persons present at such meeting.
(3) [ Every resolution adopted in a meeting of a [Gram Sansad]
[Sub-Sections (3) and (4) inserted by W.B. Act 17 of 1992.]
shall be duly considered by the Gram Panchayat in its meeting and the decisions and actions taken by the Gram Panchayat shall form part of the report under section 18 for the following year.]
(4) [ Any omission to act under clause (a) or clause (b) of sub-section (1) or under sub-section (3), shall be deemed to be an act of impropriety and irregularity within the scope and meaning of clause (b) of sub-section (2) of section 190.]
[Sub-Sections (3) and (4) inserted by W.B. Act 17 of 1992.]
(5) [ Any omission to act under section 16A or section 16B or under clause (a) or clause (b) of sub-section (1), or sub-section (3), of this section shall be deemed to be a wilful omission or refusal to carry out the provisions of this Act within the scope and meaning of section 213 or incompetence to perform, or persistent default in the performance of, the duties under this Act within the scope and meaning of section 214, as the case may be.]
[Sub-Section (5) inserted by W.B. Act 18 of 1994.]
### 18. [Report on the work of Gram Panchayat.
[Section 18 renumbered as sub-section (1) of that Section by W.B. Act 37 of 1984.]
(1) The Gram Panchayat shall prepare in the prescribed manner a report on the work done during the previous year and the work proposed to be done during the following year and submit it to the prescribed authority and to the Panchayat Samiti concerned within the prescribed time.]
(2) [ The Gram Panchayat shall, in October and April every year, prepare a half-yearly report showing the amount received by the Gram Panchayat during the previous half-year from different sources including the opening balance and the amount actually spent on different items of work and a list of beneficiaries.]
[Sub-Sections (2) and (3) inserted by W.B. Act 37 of 1984.]
(3) [ The Gram Panchayat shall, immediately after the preparation of the report and the list referred to in sub-section (2), publish the same in the office of the Gram Panchayat for information of the general public.]
[Sub-Sections (2) and (3) inserted by W.B. Act 37 of 1984.]
(4) [ The Gram Panchayat shall, as soon as may be after the preparation of the report under sub-section (1) and the report and the list under sub-section (2), place the same in the meetings of the Gram Sansads and the Gram Sabha for discussion and adoption with modifications, if any, and shall furnish copies of the report under sub-section (1) as so modified to the prescribed authority referred to in sub-section (1) and the Panchayat Samiti ordinarily by the middle of January every year.]
[Sub-Section (4) inserted by W.B. Act 18 of 1994.]
Chapter III
Powers and duties of Gram Panchayat
----------------------------------------------------
### 19. Obligatory duties of Gram Panchayat.
- [(1) A Gram Panchayat shall function as a unit of self-government and, in order to achieve economic development and secure social justice for all, shall, subject to such conditions as may be prescribed or such directions as may be given by the State Government, -
(a) prepare a development plan for the five-year term of the office of the members and revise and update it as and when necessary with regard to the resources available;
(b) prepare an annual plan for each year by the month of October of the preceding year for development of human resources, infrastructure and civic amenities in the area;
(c) implement schemes for economic development and social justice as may be drawn up by, or entrusted upon it.]
(2) []
[Section 19 renumbered as sub-Section (2) of that Section and sub-Section (1) inserted by W.B. Act 18 of 1994.]
[Without prejudice to the generality of the provisions of sub-section (1) and subject to such conditions as may be prescribed or such directions as may be given by the State Government,]
[Words, figure and brackets substituted for the words 'subject to such conditions as may be prescribed,' by W.B. Act 18 of 1994.]
the duties of a Gram Panchayat shall be to provide within the area under its jurisdiction for -
(a) sanitation, conservancy and drainage and the prevention of public nuisances;
(b) curative and preventive measures in respect of malaria, small pox, cholera or any other epidemic;
(c) supply of drinking water and the cleansing and disinfecting the sources of supply and storage of water;
(d) the maintenance, repair and construction of public streets and protection thereof;
(e) the removal of encroachments of public streets or public places;
(f) the protection and repair of buildings or other property vested in it;
(g) the management and care of public tanks, subject to the provisions of the Bengal Tanks Improvement Act, 1939, common grazing ground, burning ghats and public graveyards;
(h) the supply of any local information which the District Magistrate, the Zilla Parishad [the Mahakuma Parishad, the Council]
[Words inserted by W.B. Act 20 of 1988.]
or the Panchayat Samiti within the local limits of whose jurisdiction the Gram Panchayat is situate, may require;
(i) organising voluntary labour for community works and works for the upliftment of its area;
(j) the control and administration of the Gram Panchayat Fund established under this Act;
(k) the imposition, assessment and collection of the taxes, rates or fees leviable under this Act;
(l) the maintenance and [control of the Dafadars, Chowkidars and Gram Panchayat Karmees]
[Words substituted for the words 'control of Dafadars and Chowkidars' by W.B. Act 2 of 1995, w.e.f. 28.12.1994.]
due [performance by the Dafadars, Chowkidars and Gram Panchayat Karmees]
[Words substituted for the words 'performance by the Dafadars and Chowkidars' by W.B. Act 2 of 1995, w.e.f. 28.12.1994.]
of the duties imposed on them under this Act;
(m) the constitution and administration of the Nyaya Panchayat established under this Act; and
(n) the performance of such functions as may be transferred to it under section 31 of the Cattle-trespass Act, 1871.
(3) [ A Gram Panchayat shall not omit or refuse to act upon any recommendations of a Gram Sansad relating to [a programme or work proposed,]
Sub-Section (3) inserted by W.B. Act
[8 of 2003
.]
prioritization of any list of beneficiaries or scheme or programme so far as it relates to the area of the Gram Sansad unless it decides in a meeting for reasons to be recorded in writing that such recommendation or recommendations are not acceptable or implementable under the provisions of the Act or any rule, order or direction thereunder; such decision of the Gram Panchayat shall be placed in the next meeting of the Gram Sansad.]
[Section 19 renumbered as sub-section (2) of that section and sub-section (1) inserted by W.B. Act 18 of 1994.]
### 20. Other duties of Gram Panchayat.
(1) A Gram Panchayat shall also perform such other functions as the State Government may assign to it in respect of -
(a) primary, social, technical [vocational, adult or non-formal education;]
[Words substituted for the words 'or vocational education;' by W.B. Act 17 of 1992.]
(b) rural dispensaries, health centres and maternity and child welfare centres;
(c) management of any pubic ferry under the Bengal Ferries Act, 1885;
(d) irrigation [including minor irrigation, water management and watershed development]
[Words inserted by W.B. Act 17 of 1992.]
;
(e) [ agriculture including agricultural extension and fuel and fodder;] [[Clause (e) substituted by W.B. Act 17 of 1992, which was earlier as under:-
'(e) grow-more-food campaign:'.]]
(f) care of the infirm and the destitute;
(g) rehabilitation of displaced persons;
(h) improved breeding of cattle, medical treatment of cattle and prevention of cattle disease;
(i) its acting as a channel through which Government assistance should reach the villages;
(j) bringing waste land under cultivation [through land improvement and soil conservation]
[Words in clause (j) inserted by W.B. Act 17 of 1992.]
;
(k) promotion of village plantations [social forestry and farm forestry]
[Words in clause (k) inserted by W.B. Act 17 of 1992.]
;
(l) arranging for cultivation of land lying fallow;
(m) arranging for co-operative management of land and other resources of the village;
(n) assisting in the implementation of land reform measure in its area;
(o) implementation of such schemes as may be formulated or performance of such acts as may be entrusted to the Gram Panchayat by the State Government;
(p) field publicity on matters connected with development works and other welfare measure undertaken by the State Government;
(q) [ minor forest produce;]
[Clauses (q) to (u) inserted by W.B. Act 17 of 1992.]
(r) rural housing programme;]
[Clauses (q) to (u) inserted by W.B. Act 17 of 1992.[]
(s) [ rural electrification including distribution of electricity;]
[Clauses (q) to (u) inserted by W.B. Act 17 of 1992.]
(t) [ non-conventional energy sources; and]
[Clauses (q) to (u) inserted by W.B. Act 17 of 1992.]
(u) [ women and child development.]
[Clauses (q) to (u) inserted by W.B. Act 17 of 1992.]
(2) If the State Government is of opinion that a Gram Panchayat has persistently made default in the performance of any of the functions assigned to it under sub-section (1), the State Government may, after recording its reasons, withdraw such function from such Gram Panchayat.
[Provided that the State Government shall, before making such order of withdrawal, give the Gram Panchayat an opportunity of making a representation against the proposed order.]
[Added by W.B. Act No. 8 of 2010, dated 13.5.2010.]
### 21. Discretionary duties of Gram Panchayat.
- Subject to such conditions as may be prescribed, a Gram Panchayat may, and shall if the State Government so directs, make provision for -
(a) the maintenance of lighting of public streets;
(b) planting and maintaining trees on the sides of public streets or in other public places vested in it;
(c) the sinking of wells and excavation of ponds and tanks;
(d) the introduction and promotion of co-operative farming, co-operative stores, and other co-operative enterprises, trade and callings;
(e) the construction and regulation of markets, the holding and regulation of fairs, melas and hats and exhibitions of local produce and products of local handicrafts and home industries;
(f) the allotment of places for storing manure;
(g) assisting and advising agriculturists in the matter of obtaining State loan and its distribution and repayment;
(h) filling up of insanitary depressions and reclaiming of unhealthy localities;
(i) the promotion and encouragement of cottage[khadi, village and small-scale including food-processing]
[ Words inserted by W.B. Act 17 of 1992.]
industries;
(i1)
[ promotion of dairying and poultry;]
[Clauses (i1) to (i3) inserted by W.B. Act 17 of 1992.]
(i2)
[ promotion of fishery;]
[Clauses (i1) to (i3) inserted by W.B. Act 17 of 1992.]
(i3)
[ poverty alleviation programme;]
[Clauses (i1) to (i3) inserted by W.B. Act 17 of 1992.]
(j) the destruction of rabbit or ownerless dogs;
(k) regulating the production and disposal of foodstuffs and other commodities in the manner prescribed;
(l) the construction and maintenance of sarais, dharmasalas, rest houses, cattle sheds and cart stands;
(m) the disposal of unclaimed cattle;
(n) the disposal of unclaimed corpses and carcasses;
(o) the establishment and maintenance of libraries and reading rooms;
(p) the organisation and maintenance of akharas, clubs and other places for recreation or games;
(p1)
[ cultural activities including sports and games;]
[Clauses (p1) to (p5) inserted by W.B. Act 17 of 1992.]
(p2)
[ social welfare including welfare of the handicapped and mentally retarded;]
[Clauses (p1) to (p5) inserted by W.B. Act 17 of 1992.]
(p3)
[ welfare of socially and educationally backward classes of citizens and, in particular, of the Scheduled Castes and the Scheduled Tribes;]
[Clauses (p1) to (p5) inserted by W.B. Act 17 of 1992.]
(p4)
[ public distribution system;]
[Clauses (p1) to (p5) inserted by W.B. Act 17 of 1992.]
(p5)
[ maintenance of community assets;]
[Clauses (p1) to (p5) inserted by W.B. Act 17 of 1992.]
(q) the maintenance of records relating to population census, crop census, cattle census and census of unemployed persons and of other statistics as may be prescribed;
(r) the performance in the manner prescribed of any of the functions of [the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be,]
[Words substituted for the words 'the Zilla Parishad' by W.B. Act 20 of 1988.]
with its previous approval, calculated to benefit the people living within the jurisdiction of the Gram Panchayat;
(s) rendering assistance in extinguishing fire and protecting life and property when fire occurs;
(t) assisting in the prevention of burglary and dacoity; and
(u) any other local work or service of public utility which is likely to promote the health, comfort, convenience or material prosperity of the public, not otherwise provided for in this Act.
### 22. State Government to place funds necessary for the performance of functions and duties under section 20 or 21 at the disposal of the Gram Panchayat.
- Where the State Government assigns any function to a Gram Panchayat under section 20 or where it directs a Gram Panchayat to make provision for any of the items enumerated in section 21, it shall place such funds at the disposal of the Gram Panchayat as may be required for the due performance of such function or for making such provision, as the case may be.
### 23. Control of building operations.
(1) No person shall [erect any new structure or new building or make any addition to any structure or building]
[Words substituted for the words 'erect any structure or building' by W.B. Act 37 of 1984.]
in any area within the jurisdiction of a Gram Panchayat except with the previous permission in writing of the Gram Panchayat:
[Proviso that where the State Government or an authority or agency under the State Government intends to set up or has set up an industrial estate or industrial park within the jurisdiction of a Gram Panchayat, permission for erection of any structure or building for setting up an industry within such industrial estate or industrial park, shall be obtained from such authority or industrial development authority or corporation as the State Government may by notification specify.]
[Inserted by Act No. 8 of 2015.]
[Provided that such erection of new structure or new building or such addition to any structure or building or such permission of the Gram Panchayat shall be subject to such rules as may be made by the State Government in this behalf:]
[Proviso inserted by W.B. Act 18 of 1994.]
Provided further that a Gram Panchayat shall not accord permission for erection of a new structure or construction of a new building, if the proposal for such erection or construction, as the case may be, -
[(a) has any provision for erection or construction of any dry latrine, by whatever name called, and
(b) does not have any provision for erection or construction of sanitary latrine of any description.]
(2) Every person seeking permission under sub-section (1) shall make an application in writing to such authority, in such form, containing such particulars and on payment of such fee [\* \* \* \* \*]
[Words', not exceeding twenty-five rupees.' omitted by W.B. Act 18 of 1994.]
as may be prescribed:
[Provided that]
[Provisos inserted by W.B. Act 37 of 1984.]
no permission under sub-section (1) shall be necessary for erection of any new thatched structure, tin shed or tile shed without brick wall covering an area not exceeding [eighteen square metres where such structure or shed does not cover more than three-fourths of the total area of the land (including appurtenant land) and there is a set-back of not less than nine-tenth metre on the road-side:]
[Words substituted for the words 'two hundred square feet;' by W.B. Act 18 of 1994.]
[provided further that the State Government may, by order, exempt any structure or building or any class of structures or buildings from the operation of the provisions of sub-section (1) and of this sub-section.]
[Provisos inserted by W.B. Act 37 of 1984.]
(3) On receipt of such application the authority, after making such enquiry as it considers necessary and [in accordance with such rules as may be made by the State Government in this behalf,]
[Words substituted for the words 'within such time as may be prescribed,' by W.B. Act 18 of 1994.]
shall, by order in writing, either grant the permission or refuse it, recording in the case of refusal the reasons therefor.
(4) Any person aggrieved by an order of the authority under sub-section (3) refusing permission may, within ninety days from the date of communication of such order to him, prefer an appeal to such appellate authority as may be prescribed.
(5) No appeal shall lie against the order of the appellate authority referred to in sub-section (4).
(6) Where [any new structure or new building or any new addition to any structure or building is being or has been erected or made, as the case may be,]
[Words substituted for the words 'any structure or building is being or has been erected' by W.B. Act 37 of 1984.]
in contravention of the provisions of sub-section (1) , the authority may, after giving the owner of such building an opportunity of being heard, make an order directing the demolition of the building by the owner within such period as may be specified in the order and in default the authority may itself effect the demolition and recover the cost thereof from the owner as a public demand.
(7) Any person who [contravenes]
[Word substituted for the words 'erects any structure or building in contravention of by W.B. Act 37 of 1984.]
the provisions of sub-section (1) shall be liable on conviction by a Magistrate to a fine which may extend to two hundred and fifty rupees.
### 24. Improvement of sanitation.
(1) For the improvement of sanitation, a Gram Panchayat shall have the power to do all acts necessary for and incidental to the same and in particular and without prejudice to the generality of the foregoing power, a Gram Panchayat may, by order, require the owner or occupier of any land or building, within such reasonable period as may be specified in the notice served upon him and after taking into consideration his financial position -
(a) to close, remove, alter, repair, cleanse, disinfect, or put in good order any latrine, urinal, water-closet, drain, cesspool, or other receptacle for filth, sullage, rubbish or refuse pertaining to such land or building, or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water-closet which opens on to a street or drain or to shut off such latrine, urinal or water-closet by a sufficient roof or wall or fence from the view of persons passing by or dwelling in the neighbourhood;
(b) to cleanse, repair, cover, fill up, drain off or remove water from, a private well, tank, reservoir, pool, pit, depression or excavation therein which may be injurious to health or offensive to the neighbourhood;
(c) to clear off any vegetation, undergrowth, prickly pear or scrub jungle therefrom;
(d) to remove any dirt, dung, nightsoil, manure or any obnoxious or offensive matter therefrom and to cleanse the land or building:
Provided that a person on whom a notice has been served as aforesaid may, within thirty days of receipt of such notice, appeal to the prescribed authority against the order contained therein whereupon the prescribed authority may stay the operation of the order contained in the notice till the disposal of the appeal and it may, after giving such notice of the appeal to the Gram Panchayat concerned as may be prescribed, modify, set aside or confirm the order:
Provided further that the prescribed authority shall, when it confirms or modifies the order contained in the notice after the expiry of the period mentioned therein, fix a fresh period within which the order contained in the notice, as confirmed or modified by it, shall be carried out.
(2) If the order contained in a notice served as aforesaid, has not been set aside by the prescribed authority and if the person upon whom the notice has been served fails, without sufficient reason, to comply with the order in its original form or the order as modified by the prescribed authority, within the time specified in the notice or within the time fixed by the prescribed authority, as the case may be, he shall be liable, on conviction by a Magistrate, to a fine which may extend to two hundred and fifty rupees.
### 25. Power of Gram Panchayat over public streets, waterways and other matters.
(1) A Gram Panchayat shall have control over all public streets and waterways within its jurisdiction other than canals as defined in section 3 of the Bengal Irrigation Act, 1876, not being private property and not being under the control of the Central or State Government or any local authority, and may do all things necessary for the maintenance and repair thereof, and may -
(a) construct new bridges and culverts;
(b) divert or close any such public street, bridge or culvert;
(c) widen, open, enlarge or otherwise improve any such public street, bridge or culvert and with minimum damage to the neighbouring fields, plant and preserve trees on the sides of such street;
(d) deepen or otherwise improve such waterways;
(e) with the sanction of the Zilla Parishad [or the Mahakuma Parishad or the Council, as the case may be,]
[Words inserted by W.B. Act 20 of 1988.]
and where there is a canal as defined in the Bengal Irrigation Act, 1876, with the sanction also of such officer as the State Government may prescribe, undertake irrigation projects;
(f) trim hedges and branches of trees projecting on public streets; and
(g) set apart by public notice any public source of water supply for drinking or culinary purposes and likewise prohibit all bathing, washing or other acts likely to pollute the source so set apart.
(2) A Gram Panchayat may, by a notice in writing, require any person who has caused obstruction or encroachment on or damage to any public street or drain or other property under the control and management of the said Gram Panchayat, to remove such obstruction or encroachment or repair such damage, as the case may be, within the time to be specified in the notice.
(3) If the obstruction of encroachment is not removed or damage is not repaired within the time so specified the Gram Panchayat may cause such obstruction or encroachment to be removed or such damage to be repaired and the expenses of such removal or repair shall be recoverable from such person as a public demand.
(4) For the purpose of removal of obstruction or encroachment under sub-section (3), the Gram Panchayat may apply to the Sub-divisional Magistrate and the Sub-divisional Magistrate shall, on such application, provide such help as may be necessary for the removal of such obstruction or encroachment.
### 26. Power of Gram Panchayat in respect of polluted water-supply.
(1) A Gram Panchayat may, by written notice, require the owner of, or the person having control over, a private water-course, spring, tank, well, or other place, the water of which is used for drinking or culinary purpose, after taking into consideration his financial position, to take all or any of the following steps within a reasonable period to be specified in such notice, namely -
(a) to keep and maintain the same in good repair;
(b) to clean the same, from time to time of silt, refuse or decaying vegetation;
(c) to protect it from pollution; and
(d) to prevent its use, if it has become so polluted as to be prejudicial to public health:
Provided that a person upon whom a notice as aforesaid has been served may, within thirty days from the date of receipt of the notice, appeal to the prescribed authority against the order contained in the notice whereupon the prescribed authority may stay the operation of the order contained in the notice till the disposal of the appeal and it may, after giving such notice of the appeal to the Gram Panchayat concerned as may be prescribed, modify, set aside or confirm the order:
Provided further that the prescribed authority shall, when it confirms or modifies the order contained in the notice after the expiry of the period mentioned therein, fix a fresh period within which the order contained in the notice, as confirmed or modified by it, shall be carried out.
(2) If the order contained in a notice served as aforesaid has not been set aside by the prescribed authority and if the person upon whom the notice has been served fails, without sufficient reason, to comply with the order in its original form or the order as modified by the prescribed authority, within the time specified in the notice or within the time fixed by the prescribed authority, as the case may be, he shall be liable, on conviction by a Magistrate, to a fine which may extend to two hundred and fifty rupees.
### 27. Power of Gram Panchayat to prevent growth of water-hyacinth or other weed which may pollute water.
(1) Notwithstanding anything contained in the Bengal Water Hyacinth Act, 1936, a Gram Panchayat may, by written notice, require the owner or occupier of any land or premises, containing a tank or pond or similar deposit of water, after taking into consideration his financial position, not to allow water-hyacinth or any other weed which may pollute water to grow thereon and to eradicate the same therefrom within such reasonable period as may be specified in the notice:
Provided that a person on whom a notice as aforesaid has been served may, within thirty days from the date of receipt of the notice, appeal to the prescribed authority against the order contained in the notice whereupon the prescribed authority may stay the operation of the order contained in the notice till the disposal of the appeal and it may, after giving such notice of the appeal to the Gram Panchayat concerned as may be prescribed, modify, set aside or confirm the order:
Provided further that the prescribed authority shall, when it confirms or modifies the order contained in the notice after the expiry of the period mentioned therein, fix a fresh period within which the order contained in the notice, as confirmed or modified by it, shall be carried out.
(2) If the order contained in a notice served as aforesaid has not been set aside by the prescribed authority and if the owner or occupier upon whom the notice has been served fails, without sufficient reason, to comply with the order in its original form or the order as modified by the prescribed authority, within the time specified in the notice or within the time fixed by the prescribed authority, as the case may be, he shall be liable, on conviction by a Magistrate, to a fine which may extend to two hundred and fifty rupees.
### 28. Emergent power on outbreak of epidemic.
- In the event of an outbreak of cholera or any other water-borne infectious disease in any locality situated within the local limits of the jurisdiction of a Gram Panchayat, the Pradhan, the Upa-Pradhan or any other person authorised by the Pradhan may, during the continuance of the outbreak, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purpose of drinking and may further take such steps as he deems fit to prevent the drawing of water therefrom.
### 29. Power of recovery of cost for work carried out by Gram Panchayat on failure of any person.
- If any work required to be done by an order contained in a notice served under sections 24, 26 or 27 is not executed within the period specified in the notice or where an appeal is made to the prescribed authority, within an equal period from the date of the decision on the appeal, the Gram Panchayat may, in the absence of satisfactory grounds for non-compliance, cause such work to be carried out and the cost of carrying out such work shall be recoverable as an arrear of public demand from the person on whom the notice was served.
### 30. Joint Committees.
(1) Subject to such rules as may be prescribed, two or more Gram Panchayats may combine, by a written instrument duly subscribed by them, to appoint a Joint Committee consisting of such representatives as may be chosen by the respective Gram Panchayats for the purpose of transacting any business or carrying out any work in which they are jointly interested and may -
(a) delegate to such Committee the power, with such conditions as the Gram Panchayats may think fit to impose, to frame any scheme binding on each of the constituent Gram Panchayats as to the construction and maintenance of any joint work and the power which may be exercised by any such Panchayat in relation to such scheme; and
(b) frame or modify rules regarding the constitution of such committees and the term of office of the members thereof and the method of conducting business.
(2) If any difference of opinion arises between the constituent Gram Panchayats under this section, it shall be referred to such officer as the State Government may prescribe, and the decision of the said officer thereon shall be final and binding on each of the constituent Gram Panchayats.
### 31. Delegation of functions by Zilla Parishad.
(1) A Zilla Parishad [or the Mahakuma Parishad or the Council]
[Words inserted by W.B. Act 20 of 1988.]
may, with the concurrence of a Gram Panchayat and subject to such restrictions and conditions as may be mutually agreed upon, delegate to such Gram Panchayat any of its functions in the manner prescribed.
(2) Where functions are delegated to a Gram Panchayat under this section, the Gram Panchayat, in the discharge of such functions, shall act as the agent of [the Zilla Parishad or the Mahakuma Parished or the Council, as the case may be.]
[Words substituted for the words 'the Zilla Parishad,' by W.B. Act 20 of 1988.]
### 32. Delegation of functions of Gram Panchayat to its Pradhan.
- A Gram Panchayat may, at a meeting specially convened for the purpose, by a resolution delegate to its Pradhan such duties or powers of the Gram Panchayat as it thinks fit and may at any time by a resolution withdraw or modify the same:
Provided that when any financial power is delegated to a Pradhan or such power is withdrawn or modified, the Gram Panchayat shall forthwith give intimation thereof to the prescribed authority.
### 32A. Constitution of Upa-Samitis and delegation of powers, functions and duties of Gram Panchayats to the Upa-Samitis.
(1) Subject to such direction as may be issued by the State Government in this behalf, a Gram Panchayat shall, as soon as may be within three months following the first meeting referred to in section 9, constitute Upa-Samitis as referred to in sub-section (2) and delegate its powers, functions and duties to such Upa-Samitis, in such manner as may be prescribed.
(2) Without prejudice to the generality of any other provisions of this Act, a Gram Panchayat shall constitute in such manner as may be prescribed the following Upa-Samitis:-
(i) Artha O Parikalpana Upa-Samiti,
(ii) Krishi O Pranisampad Bikas Upa-Samiti,
(iii) Siksha O Janasasthya Upa-Samiti,
(iv) Nari, Sishu Unnayan O Samaj Kalyan Upa-Samiti,
(v) Shilpa O Parikathama Upa-Samiti, and
(vi) such other Upa-Samiti as the Gram Panchayat may, subject to the approval of the State Government, constitute.
(3) The Upa-Samitis referred to in sub-section (2) shall consist of the following members:-
(a) the Pradhan and the Upa-Pradhan, ex officio;
(b) such number of members as may be prescribed, to be elected by the members from among themselves; and
(c) such number of members as may be appointed by the State Government by any general or special order:-
(i) from among the officials of the Panchayat bodies having jurisdiction, the State Government or any Statutory Board, Corporation or Organisation or any individual official receiving grant, financial assistance or remuneration from the State Exchequer, and
(ii) any person having any specialised knowledge about the locality or any area of activity;
(d) the Artha O Parikalpana Upa-Samiti shall have [the leader of the recognised political party in opposition having largest number of members in the Gram Panchayat and]
[Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
the Sanchalaks elected in the manner as mentioned in sub-section (4) , as members of the Upa-Samiti and shall have no other member referred to in clause (b) of sub-section (3);
(e) the Nari, Sishu Unnayan O Samaj Kalyan Upa-Samiti shall have not less than half of the members referred to in clause (b), elected from among the women members of the Gram Panchayat, in the manner as may be prescribed.
[Provided that when in a Gram Panchayat, there is a single member in opposition affiliated to a recognised political party, he shall become such member of the said Upa-Samiti and in case, there is no member in opposition affiliated to any recognised political party, the independent member in opposition who is seniormost in age or, when there is only one independent member in opposition, the said member shall become such member of the said Upa-Samiti.]
[Added by W.B. Act No. 8 of 2010, dated 13.5.2010.]
[Explanation I.
[Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
- For the purpose of this clause, a member of the Gram Panchayat shall be considered a member in opposition if in the election of the Pradhan under section 9, he did not cast his vote in favour of the winning candidate or has abstained himself from casting his vote in the said election.
Explanation II. - If two or more recognized political parties have equal number of members elected to the Gram Panchayat, the leader of the recognized political party placed higher in the sequential arrangement in the relevant notification issued by the Election Commission of India shall be chosen as such member.] [[Proviso first inserted by W.B. Act 18 of 1994, then substituted by W.B. Act 15 of 1997. Previous proviso was as under:-
'Provided further that a Gram Panchayat shall not accord permission for erection of a new structure, or construction of a new building, having provisions for erection or construction, as the case may be of any dry latrine, by whatever name called.'.]]
(4) Members of each Upa-Samiti shall elect one member from among themselves in such manner as may be prescribed to act as Sanchalak for such Upa-Samiti and such Sanchalak shall be responsible for convening the meetings of such Upa-Samiti, co-ordinate functions of members within such Upa-Samiti and prepare and place report of actions taken or proposed to be taken relating to such Upa-Samiti within the budgetary provision of the Gram Panchayat to the Pradhan and the Gram Panchayat from time to time:
Provided that the Pradhan of the Gram Panchayat shall be the ex officio Sanchalak of the Artha O Parikalpana Upa-Samiti:
Provided further that the Sanchalak for Nari, Sishu Unnyan O Samaj Kalyan Upa-Samiti shall be elected from among the women members of the Upa-Samiti:
Provided also that the members referred to in clause (c) of sub-section (3) shall not be eligible for election as Sanchalak and they shall not have any right to vote.
(5) [ Subject to such provision as may be prescribed and without prejudice to the general control and authority of Gram Panchayat, the Upa-Samiti shall devise its own procedure for holding the meetings and for performing functions as may be assigned to it.]
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(6) The members of the Upa-Samitis may, -
(a) take, subject to the direction of the Pradhan, the assistance of the employees of the Gram Panchayat,
(b) seek advice and help of the employees of the State Government of any Department at the appropriate level in discharge of their duties,
(c) place before the Pradhan and the Gram Panchayat a proposal for execution of a scheme, programme or project within the budgetary provisions of the Gram Panchayat for such purpose when the Pradhan or the Gram Panchayat shall consider the proposal for execution and for sanction of funds:
Provided that the Pradhan shall not sanction any fund for a scheme, programme or project without considering the views of the members of the Upa-Samiti to whom powers have been delegated by the Gram Panchayat with respect to such scheme, programme or project,
(d) call for any information, return, statement, account or report from the office of the Gram Panchayat and enter on and inspect any immovable property of the Gram Panchayat or inspect any work in progress connected with the functions and duties of the Upa-Samiti,
(e) exercise such other powers, perform such other functions and discharge such other duties, as the Gram Panchayat may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.
(7) Each Upa-Samiti shall hold at least six meetings in a year in the office of the Gram Panchayat.
(8) [ When a vacancy occurs in the office of a Sanchalak or a member of an Upa-Samiti by resignation, death, removal or otherwise, the members of the Upa-Samiti shall elect another Sanchalak or the members of the Gram Panchayat shall elect another member, as the case may be, in the prescribed manner, and the Sanchalak or the member so elected shall hold office for the unexpired portion of the term of the office of the person in whose place he is elected.]
[Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
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Section 32A first inserted by W.B. Act 17 of 1992, then substituted by W.B. Act 15 of 1997 and finally substituted by W.B. Act
8 of 2003
. Previous Section 32A was as under:-
"32A. Delegation of powers, functions and duties ofGram Panchayatsto its members.- (1) Subject to such direction as may be issued by the State Government in this behalf, aGram Panchayatshall, as soon as may be within three months following the first meeting referred to in section 9, by a resolution carried by the majority of the existing members at a meeting specially convened for the purpose, arrange its powers, functions or duties referred to in Chapter III of this Act, into such number of sets as it may consider necessary and delegate powers, functions or duties relating to any such set or sets to one member or a group of members, severally or jointly as it may think fit:
Provided that theGram Panchayatmay take one or more such resolutions in different meetings on different dates:
Provided further that each member of theGram Panchayatshall be delegated, severally or jointly, one or more such sets of powers, functions or duties.
(2) When aGram Panchayatdelegates powers, functions or duties to a group of members, theGram Panchayatshall also nominate one member from the group to act as Convenor for the group and such Convenor shall be responsible for convening the meetings of the group, shall co-ordinate functions of members within the group and prepare and place report of actions taken or proposed to be taken to thePradhanand theGram Panchayatfrom time to time:
Provided that the group shall devise its own procedure for holding the meetings and for performing other functions subject to the direction of theGram Panchayatand the State Government.
(3) Without prejudice to the generality of the provisions under sub-section (1), theGram Panchayatshall form one or more sets of powers, functions or duties relating to development of women and children, welfare of the Scheduled Castes and Scheduled Tribes, family welfare and other social welfare programmes and shall delegate powers, functions or duties with respect to any such set to one woman member or a group of members and in any such group, women shall comprise not less than half members:
Provided that for such group, the Convenor referred to in sub-section (2) shall be a woman.
(4) The delegation referred to in sub-section (1) or sub-section (3) shall not prejudice the powers, functions and duties of thePradhanor theUpa-Pradhanunder section 34:
Provided also that no financial power shall be delegated to any such member, severally or jointly.
(5) The member or the group of members referred to in sub-section (1) or sub-section (3), may -
(a) take, subject to the directions of thePradhans, the assistance of the employees of theGram Panchayat,
(b) seek advice and help of the employees of the State Government of any Department at the appropriate level in discharge of their duties,
(c) may place before thePradhanandGram Panchayata proposal for execution of a scheme, programme or project and may seek sanction of fund for such purpose and thePradhanor theGram Panchayatshall consider the proposal for execution and for sanction of fund:
Provided that thePradhanshall not sanction any fund for a scheme, programme or project without considering the views of the member or the group of members to whom powers have been delegated by theGram Panchayatwith respect to such scheme, programme or project.
(6) TheGram Panchayatmay, at any time, by a resolution carried by the majority of the existing members at a meeting specially convened for the purpose, rearrange, modify or withdraw such delegation and again delegate the powers, functions or duties so withdrawn to another member or a group of members, as the case may be.".
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### 33. Gram Panchayat may manage estates and interests vested in the State.
- The State Government may, by general or special order published in the Official Gazette, empower of a Gram Panchayat to manage the estates and all interests therein which are vested in the State and to exercise such powers, perform such functions and discharge such duties in connection therewith as may be conferred, assigned or imposed by or under any other law for the time being in force.
### 34. Powers, functions and duties of Pradhan and Upa-Pradhan.
(1) The Pradhan shall -
(a) be responsible for the maintenance of the records of the Gram Panchayat;
(b) have general responsibility for the financial and executive administration of the Gram Panchayat;
(c) exercise administrative supervision and control over the work of the staff of the Gram Panchayat and the officers and employees whose services may be placed at the disposal of the Gram Panchayat by the State Government;
(d) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Gram Panchayat under this Act or the rules made thereunder:
Provided that the Pradhan shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged by the Gram Panchayat at a meeting;
(e) exercise such other powers, perform such other functions and discharge such other duties as the Gram Panchayat may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.
(2) The Upa-Pradhan shall -
(a) exercise such of the powers, perform such of the (unctions and discharge such of the duties of the Pradhan as the Pradhan may; from time to time, subject to rules made in this behalf by the State Government, delegate to him by order in writing:
Provided that the Pradhan may at any time withdraw all or any of the powers, functions and duties so delegated to the Upa-Pradhan;
(b) during the absence of the Pradhan, exercise all the powers, perform all the functions and discharge all the duties of the Pradhan;
(c) [ exercise such other powers, perform such other functions and discharge such other duties as the Gram Panchayat may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.]
[Clause (c) inserted by W.B. Act 37 of 1984.]
Chapter IV
Establishment of Gram Panchayat
-----------------------------------------------
### 35. Secretary of the Gram Panchayat.
(1) There shall be a Secretary for every Gram Panchayat appointed by the State Government or any authority empowered by the State Government in this behalf.
(2) [ The Secretary shall be responsible for maintenance and upkeep of the records of the office of the Gram Panchayat and shall discharge such duties as may be prescribed.] [[Sub-Section (2) substituted by W.B. Act 15 of 1997, which was earlier as under:-
'(2) The Secretary shall be in charge of the office of the Gram Panchayat and shall discharge such duties as may be prescribed.'.]]
(3) The State Government shall make rules relating to the method of recruitment and the terms and conditions of service including the pay and allowances, superannuation, provident fund and gratuity, of the Secretary.
(4) Subject to rules framed by the State Government regarding discipline and control, the Secretary shall act in all matters under the control of the Pradhan, through whom he shall be responsible to the Gram Panchayat.
### 36. Staff of the Gram Panchayat.
(1) Subject to such rules as may be made by the State Government in this behalf, a Gram Panchayat may appoint such officers and employees as may be required by it and may fix the salaries and allowances to be paid to the persons so appointed:
Provided that no post shall be created or abolished and no revision of the scale of pay of any post shall be made by the Gram Panchayat without the prior approval of the State Government or such authority subordinate to it as may be prescribed.
(2) The State Government may place at the disposal of the Gram Panchayat the services of such officers or other employees serving under it [and on such terms and conditions]
[Words inserted by W.B. Act 37 of 1984.]
as it may think fit:
Provided that any such officer or employee shall be recalled by the State Government if a resolution to that effect is passed by the Gram Panchayat at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being:
Provided further that the State Government shall have disciplinary control over such officers and employees.
(3) [ The State Government shall make rules relating to the method of recruitment and the terms and conditions of service including the pay and allowances, superannuation, provident fund and gratuity of the employees of the Gram Panchayat]
[Sub-Section (3) inserted by W.B. Act 37 of 1984.]
### 36A. [ Exercise of powers, etc. by the officers and employees.
[Section 36A inserted by W.B. Act 37 of 1984.]
- Subject to the provisions of this Act, the rules made thereunder and to any general or special directions as the State Government may give in this behalf, the officers and other employees employed by the Gram Panchayat and the officers and other employees whose services have been placed at the disposal of the Gram Panchayat shall exercise such powers, perform such functions and discharge such duties as the Gram Panchayat may determine.]
### 37. [\* \* \*]
### 38. [\* \* \*]
### 39. [\* \* \*]
### 40. [\* \* \*]
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Chapter V consisting of Sections 37, 38, 39 and 40 omitted by W.B. Act 18 of 2004. Chapter V with those secs, were as under:-
"Chapter V Dafadars, Chowkidars and Gram Panchayat Karmees
37.Dafadars, ChowkidarsandGram Panchayat Karmees.- (1) For general watch and ward, prevention of crime, protection of life and property, running of office of theGram Panchayatand discharging all functions relevant thereto as hereinafter provided within the local limits of the jurisdiction of aGram PanchayateveryGram Panchayatshall, unless otherwise directed or other provisions are made by the State Government, maintain under its control such number ofDafadars, ChowkidarsandGram Panchayat Karmeesas the State Government may by general or special order determine.
(2) The manner of maintenance ofDafadars, ChowkidarsandGram Panchayat Karmeesby aGram Panchayat, the salary, allowances and gratuity to be paid to them and the nature and the cost of their equipment and all matters relating to their recruitment, conditions of service, superannuation, discipline, punishment and dismissal shall be determined in accordance with such rules as may be made:
Provided that theGram Panchayatshall have disciplinary control overDafadars, ChowkidarsandGram Panchayat Karmees.
38. State Government may contribute cost of maintenance.- The State Government may contribute to theGram PanchayatFund the entire or any part of the cost of maintenance ofDafadars, ChowkidarsandGram Panchayat Karmeesincluding the amount necessary for the payment of salary, allowances, provident fund and gratuity toDafadarsandChowkidarsand the amount necessary for their reward and equipment.
39. Powers and duties ofChowkidars, DafadarsandGram Panchayat Karmees.- (1) EveryChowkidar, DafadarorGram Panchayat Karmeeshall exercise the following powers and perform the following duties, namely:-
(i) he shall give immediate information to the officer-in-charge of the police-station having jurisdiction over the area and to thePradhanof theGram Panchayat, of every unnatural, suspicious or sudden death which may occur, and of any offence specified in the First Schedule which may be committed within the jurisdiction of theGram Panchayatand he shall keep the officer-in-charge of the said police-station and thePradhaninformed of all disputes which are likely to lead to a riot or serious affray;
(ii) he may, without an order from a Magistrate and without a warrant, arrest -
(a) any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made, or credible in formation has been received, or reasonable suspicion exists of his having been so concerned.
(b) any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking,
(c) any person who has been proclaimed as an offender under any law for the time being in force,
(d) any person in whose possession anything is found which may reasonably be suspected to be stolen property, or who may reasonably be suspected of having committed an offence, with reference to such things,
(e) any person who obstructs a police officer while in the execution of his duty or who has escaped, or attempts to escape, from lawful custody.
(f) any person reasonably suspected of being a deserter from the Indian Army, Navy or Air Force, and (g) any released convict committing a breach of any rule made under sub-section (3) of section 565 of the Code of Criminal Procedure, 1898:
(iii) he shall to the best of his ability prevent, and he may interpose for the purpose of preventing, the commission of any offence specified in the First Schedule;
(iv) he shall assist private persons in making such arrests as they may lawfully make, and he shall report such arrests without delay to the officer-in-charge of the police-station having jurisdiction over the area;
(v) he shall observe, and from time to time report to such officer-in-charge, the movements of all bad characters within the jurisdiction of theGram Panchayat:
(vi) he shall report to such officer-in-charge the arrival of suspicious characters in the neighbourhood:
(vii) he shall report in such manner as may be directed by the District Magistrate, the births and deaths which have occurred within the local limits of the jurisdiction of theGram Panchayat;
(viii) he shall give immediate information to thePradhanof theGram Panchayatof the outbreak of any epidemic disease among men or livestock within the local limits of its jurisdiction;
(ix) he shall supply any local information which the District or Sub-divisional Magistrate or any police officer may require;
(x) he shall obey the orders of theGram Panchayatin regard to keeping watch within its jurisdiction and in regard to other matters connected with his duties;
(xi) he shall give immediate information to theGram Panchayatof the commission of any offence under this Act or any rule made thereunder which has come to his knowledge and of any encroachment on, or obstruction to, any road or waterway within the local limits of the jurisdiction of theGram Panchayat, and of any damage to any property vested in theGram Panchayator under its control:
(xii) he shall assist any person duly authorised by theGram Panchayatto collect any rate, tax or fee:
(xv) he shall serve such processes as may be prescribed upon persons residing within the jurisdiction of theGram Panchayat;
(xiv) he shall attend the office of theGram Panchayaton such dates as may be directed by thePradhan, assist in such manner as may be necessary and act as messenger as and when required: and
(xv) he shall carry out such other duties as may be entrusted to him from time to time in accordance with this Act or any rule made thereunder.
(2) EveryDafadershall exercise all the powers conferred on aChowkidarunder sub-section (1) and shall perform such duties as may be imposed upon him by rules made under this Act.
40. Arrested person to be taken to police station.- Whenever aDafadar, ChowkidarorGram Panchayat Karmeearrests any person under section 39 he shall forthwith take the person so arrested to the police-station having jurisdiction over the area in which the arrest is made;
Provided that if the arrest is made at night such person shall be so taken, as soon as convenient, by the following morning.".
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Chapter VI
Property and Fund
---------------------------------
### 41. Power to acquire, hold and dispose of property.
- A Gram Panchayat shall have power to acquire, hold and dispose of property and to enter into contract:
Provided that in all cases of acquisition or disposal of immovable property the Gram Panchayat shall obtain the previous approval of the State Government.
### 42. Vesting of public properties in Gram Panchayat.
(1) All properties within the local limits of the jurisdiction of a Gram Panchayat of the nature hereinafter in this section specified, other than property maintained by the Central or the State Government or a local authority or any other Gram Panchayat, shall vest in and belong to the Gram Panchayat, and shall, with all other property of whatsoever nature or kind which may become vested in the Gram Panchayat, be under its direction, management and control, that is to say-
(a) all public streets, including the soil, stones and other materials thereof and all drains, bridges, culverts, trees, erections, materials, implements and other things provided for such streets;
(b) all public channels, water courses, springs, tanks, ghats, reservoirs, cisterns, wells, aqueducts, conduits, tunnels, pipes, pumps and other water-works, whether made, laid or erected at the cost of the Gram Panchayat or otherwise, and all bridges, buildings, engines, works, materials and things connected therewith or appertaining thereto and also any adjacent land (not being private property) appertaining to any public tank:
Provided that water pipes and any waterworks, connected therewith or appertaining thereto which with the consent of the Gram Panchayat are laid or set up in any street by the owners of any mill, factory, dockyard, workshop or the like primarily for the use of their employees shall not be deemed to be public waterworks by reason of their use by the public;
(c) all public sewers and drains, and all works, materials and things appertaining thereto and other conservancy works:
Provided that for the purpose of enlarging, deepening or otherwise repairing or maintaining any such sewer or drain the subsoil appertaining thereto shall also be deemed to vest in the Gram Panchayat:
Provided further that where any installation or work for the treatment or disposal of sewage is constructed by the owners of any mill, factory, dockyard, workshop or the like primarily for the use of their employees, the laying of sewers and other things appertaining thereto in a street, with the consent of the Gram Panchayat, shall not by virtue of this clause or by reason of their use by the public cause such installation or sewers or works appertaining thereto to vest in the Gram Panchayat;
(d) all sewage, rubbish and offensive matter deposited on streets or collected by the Gram Panchayat from streets, latrines, urinals, sewers, cesspools and other places;
(e) all public lamps, lamp-posts and apparatus connected therewith or appertaining thereto; and
(f) all buildings erected by the Gram Panchayat and all lands and buildings or other property transferred to the Gram Panchayat by the Central or the State Government or acquired by gift, purchase or otherwise for local public purposes.
(2) The State Government may, by notification, exclude any street, bridge or drain from the operation of this Act or of any specified section of this Act:
Provided that, if the cost of the construction of the work shall have been paid from the Gram Panchayat Fund, such work shall not be excluded from the operation of this Act or any specified section of this Act except after consideration of the views of the Gram Panchayat at a meeting.
### 43. Allocation of properties to Gram Panchayat.
- The State Government may allocate to a Gram Panchayat any public property situated within its local jurisdiction, and thereupon such property shall vest in and come under the control of the Gram Panchayat.
### 44. Acquisition of land for Gram Panchayat.
- Where a Gram Panchayat requires land for carrying out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an application to the [Collector]
[Word substituted for the words 'District Magistrate' by W.B. Act 37 of 1984.]
for the acquisition of the land, who may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land and such land shall, on acquisition, vest in the Gram Panchayat.
### 45. Gram Panchayat Fund.
(1) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the name of the Gram Panchayat and there shall be placed to the credit thereof -
(a) contributions and grants, if any, made by the Central or the State Government;
[\* \* \* \* \* \* \* \* \*] [[Clause (b) omitted by W.B. Act 18 of 2004, which was as under:-
'(b) contributions and grants, if any, made by the Zilla Parishad, Mahakuma Parishad, the Council, Panchayat Samiti or any other local authority.'.]]
(c) loans, if any, granted by the Central Government or the State Government;
(d) all receipts on account of taxes, rates and fees levied by it;
(e) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of, the Gram Panchayat;
(f) all sums received as gift or contribution and all income form any trust or endowment made in favour of the Gram Panchayat;
(g) such fines and penalties imposed and realised under the provisions of this Act as may be prescribed;
(h) all other sums received by or on behalf of the Gram Panchayat.
[Explanation. - A Gram Panchayat shall not receive to the credit of its Fund-]
['Explanation' inserted by W.B. Act 15 of 1997.]
(a) any loan from any individual, severally or jointly or any member or office bearer of the Gram Panchayat, or
(b) any gift or contribution from any individual, severally or jointly, or any member or office bearer of the Gram Panchayat save and except in pursuance of a resolution in a meeting of the Gram Panchayat accepting such gift or contribution and stating the purpose for which such gift or contribution is offered and accepted.
(2) Every Gram Panchayat shall set apart and apply annually such sum as may be required to meet -
(a) the cost of administration of the Nyaya Panchayat, and
(b) the cost of maintenance of [Dafadars, Chowkidars and Gram Panchayat Karmees]
[Words substituted for the words 'Dafadars and Chowkidars' by W.B. Act 2 of 1995, w.e.f. 28.12.1994.]
in terms of section 38, and
(c) [ subject to such direction as may be issued, by order, by the State Government, the cost of its own administration including the payment of salary and allowances of the employees, commission and allowances of the Tax Collectors and remuneration and honoraria of the elected functionaries.]
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(3) Every Gram Panchayat shall have the power to spend such sums as it thinks fit for carrying out the purposes of this Act.
(4) The Gram Panchayat Fund shall be vested in the Gram Panchayat and the balance to the credit of the Fund shall be kept in such custody as the State Government may, from time to time, direct.
(5) [ In accordance with the powers and functions conferred on the Pradhan under the Act and the rules made thereunder and subject to such general control as the Gram Panchayat may exercise from time to time, all orders for payment from the Gram Panchayat Fund shall be signed by the Pradhan, or in his absence, by the Upa-Pradhan and in pursuance of such orders of payment, cheque or cheques shall be signed jointly by the Pradhan, or in his absence, by the Upa-Pradhan and by the Executive Assistant of the Gram Panchayat:
Provided that the Executive Assistant shall be responsible for writing the cheques for signature under the direction of the Pradhan subject to the resolution of the Gram Panchayat:
Provided further that if the post of the Executive Assistant in a Gram Panchayat falls temporarily vacant by reason of leave, transfer, resignation or otherwise, the State Government may, [by framing rules or] [[Sub-Section (5) substituted by W.B. Act 15 of 1997, which was earlier as under:-
'(5) Subject to such general control as the Gram Panchayat may exercise from time to time, all orders for payment from the Gram Panchayat Fund shall be signed by the Pradhan, or in his absence, by the Upa-Pradhan. All cheques shall be signed jointly by the Pradhan and the Upa-Pradhan and in the absence of the Pandhan or the Upa-Pradhan, as the case may be, by the Upa-Pradhan or the Pradhan and another member authorised by the Gram Panchayat at a meeting in this behalf:
Provided that any casual absence of the Pradhan or the Upa-Pradhan for a period not exceeding five consecutive days shall not be construed as absence of the Pradhan or the Upa-Pradhan as the case may be, for the purpose of this sub-section:
Provided further that in the event of any difference of opinion between the Pradhan and Upa-Pradhan on whether a cheque for withdrawal from the Gram Panchayat Fund shall be signed, the Gram Panchayat. in a meeting specially convened for the purpose, shall deliberate and issue appropriate directions. If the Pradhan or the Upa-Pradhan refuses to act in accordance with the directions of the Gram Panchayat, the Upa-Pradhan or the Pradhan, as the case may be, with the other member authorised by the Gram Panchayat, shall sign the cheque in the manner as directed by the Gram Panchayat for withdrawal from the Gram Panchayat Fund.'.]] by general or special order made in this behalf, empower any employee of the Gram Panchayat to perform, subject to such conditions as may be specified [in the rules or]
[Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
in the order, the functions of the Executive Assistant under this section.]
Explanation. - In this section, -
(a) absence of the Pradhan shall be deemed to occur when the office of the Pradhan falls vacant or the Pradhan is temporarily unable to act within the concept and meaning of sub-section (4) of section 9.
(b) "Executive Assistant" of a Gram Panchayat means an employee appointed as such by a Gram Panchayat under section 36 in terms of such rules as the State Government may make in this behalf and shall also include any other employee of the Gram Panchayat empowered to perform the functions of the Executive Assistant.
### 46. Imposition of tax by Gram Panchayat.
(1) Subject to such rules as may be made in this behalf, a Gram Panchayat shall impose yearly -
(a) [ on lands and buildings within the local limits of its jurisdiction, a tax, - [[Clause (a) substituted by W.B. Act 37 of 1984, which was earlier as under:-
'(a) on lands and buildings within the local limits of its jurisdiction, a tax at the rate of two per centum of the annual value of such lands and buildings to be paid by the owners and occupiers thereof:'.]]
(i) at the rate of [one per centum] of the annual value of such lands and buildings when the annual value does not exceed rupees one thousand, and
(ii) at the rate of [two per centum]
[Words substituted for the words 'one per centum' by W.B. Act 18 of 1994.]
of the annual value of such lands and buildings when the annual value exceeds rupees one thousand,
to be paid by the owners and occupiers thereof;]
[\* \* \* \* \*] [[Clause (b) omitted by W.B. Act 17 of 1992, which was as under:-
'(b) on professions, trades, callings and employments carried on or held within the local limits of its jurisdiction, a tax on the basis of the total annual income accrued from such professions, trades callings and employments, subject to a maximum of two hundred and fifty rupees per annum in respect of any one person.'.]]
(2) The following lands and buildings shall be exempted from imposition of tax under sub-section (1), namely:-
(a) lands and buildings, the annual value of which is not more than [two hundred and fifty rupees]
[Words substituted for the words 'fifty rupees' by W.B. Act 37 of 1984.]
;
(b) lands and buildings belonging to a local authority and used or intended to be used exclusively for a public purpose and not used or intended to be used for purposes of profits;
(c) lands and buildings used exclusively for religious, educational or charitable purposes.
(3) The State Government may, by notification, exempt either wholly or in part any other class of properties or classes of properties Specified in the notification from the taxes or rates leviable under this section.
[\* \* \* \* \*] [[Sub-Section (4) omitted by W.B. Act 17 of 1992, which' was as under:-
'(4) The tax payable under this Act by any person in the employment of any Government, local authority, company, firm or other association of persons shall be paid by such person or shall be deducted in the manner prescribed, as the case may be, by the Principal Officer thereof from any amount payable to such person on behalf of such Government, local authority, company, firm or other association of persons and the Principal Officer shall deliver the amount in the manner prescribed to the Gram Panchayat concerned.'.]]
(5) Subject to such rules as may be made in this behalf a Gram Panchayat shall levy -
(a) on all transfers of immovable property situated within the local limits of the Gram, a duty in the shape of an additional stamp-duty at the rate of two per centum or, as the case may be, the amount of the consideration for the sale, the value of the property in the case of a gift, the amount secured by the mortgage, the value of the property of the greater value in the case of exchange, or the value of the rent for the first ten years in the case of a lease, as set forth in the instrument;
(b) a duty in the shape of an additional stamp-duty at the rate of ten per centum on all payments for admission to any entertainment.
(6) The State Government may make rules for regulating the collection of the duty on transfers of immovable property and duty on entertainment referred to in sub-section (5), the payment thereof to the Gram Panchayat and the deduction of any expenses incurred by the State Government in the collection thereof.
Explanation. - In this section, -
(a) "annual value", in relation to any land or building, means an amount equal to six per centum of the market value of such land or buildings at the time of assessment estimated in the prescribed manner;
(b) "entertainment" includes any exhibition, cinematograph exhibition, performance, amusement, games or sports to which persons are admitted for payment;
[\* \* \* \* \* \* \* \*] [Clause (c) omitted by W.B. Act 17 of 1992, which was as under:-
'(c) 'Principal Officer' means with reference to -
[(i) a Government, the drawing and disbursing officer of the person in the employment of such Government,
(ii) a local authority, company, firm or other association of persons, the Chairman, Secretary. Treasurer, Manager, or Agent of such local authority, company, firm or other association of persons.'.]]
### 47. Levy of rates and fees.
(1) Subject to such maximum rates as the State Government may prescribe, a Gram Panchayat may levy the following [fees, rates and tolls]
[Words substituted for the words 'fees and rates,' by W.B. Act 17 of 1992.]
namely:-
(i) fees on the registration of vehicles;
(ii) fees on plaints and petitions and other processes in suits and cases instituted before the Nyaya Panchayat concerned;
(iii) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and melas within its jurisdiction as may be specified by the State Government by notification;
(iv) a water rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Gram Panchayat within its jurisdiction;
(v) a lighting rate, where arrangement for lighting of public streets and places is made by the Gram Panchayat within its jurisdiction;
(vi) a conservancy rate, where arrangement for clearing private latrines, urinals and cesspools is made by the Gram Panchayat within its jurisdiction;
(vii) [ fees on [registration]
[Clauses (vii) to (ix) inserted by W.B. Act 17 of 1992]
for running trade, wholesale or retail, within the jurisdiction of the Gram Panchayat unless such [registration]
[Words substituted for the words 'licence' by W.B. Act 18 of 1994.]
or such trade is prohibited under any law for the time being in force;]
(viii) [ tolls on persons, vehicles or animals or any class of them at any toll-bar which is established by the Gram Panchayat on any road or bridge vested in, or under the management of, the Gram Panchayat]
[Clauses (vii) to (ix) inserted by W.B. Act 17 of 1992.]
;
(ix) [ tolls in respect of any ferry established by, or under the management of, the Gram Panchayat]
[Clauses (vii) to (ix) inserted by W.B. Act 17 of 1992.]
[\* \* \* \* \* \* \* \* \*] [Clauses (x) and (xiii) first inserted by W.B. Act 18 of 1994, then omitted by W.B. Act 18 of 2004, which were as under:-
'(x) fees on licence on dogs and birds and other domestic pet animals;'.
[(xiii) fees for grazing cattle on grazing land vested in or under the management and control of the Gram Panchayat:'.]]
(xi) [ a general sanitary rate where arrangement for the construction and maintenance of public latrines is made by the Gram Panchayat within its jurisdiction;]
[Clauses (xi) , (xii), (xiv) and (xv) inserted by W.B. Act 18 of 1994.]
(xii) [ a drainage rate where arrangement for regular clearance of common drains is made by the Gram Panchayat within its jurisdiction;]
[Clauses (xi) , (xii), (xiv) and (xv) inserted by W.B. Act 18 of 1994.]
[\* \* \* \* \* \* \* \* \*] [[Clauses (x) and (xiii) first inserted by W.B. Act 18 of 1994, then omitted by W.B. Act 18 of 2004, which were as under:-
'(x) fees on licence on dogs and birds and other domestic pet animals;'.
(xiii) fees for grazing cattle on grazing land vested in. or under the management and control of the Gram Panchayat:'.]]
(xiv) [ fees for use of burning ghat vested in, or under the management and control of, the Gram Panchayat;]
[Clauses (xi) , (xii), (xiv) and (xv) inserted by W.B. Act 18 of 1994.]
(xv) [ fees on registration for Words substituted for the [shallow or deep tube-wells]
[Clauses (xi) , (xii), (xiv) and (xv) inserted by W.B. Act 18 of 1994.]
fitted with motor driven pump sets and installed for irrigation for commercial purposes, subject to such terms and conditions as may be prescribed.]
Explanation. - In this clause, "commercial purpose" includes any purpose for which irrigation water is supplied to the land of any person, other than the owner of the shallow tube-well, on realisation of water rates, by whatever name called, from the owner of such land.
(xvi) [ fees on the village produces sold in the village market organized by the Gram Panchayat to be determined by means of weight, measurement or by number or any two or more of them;]
Clauses (xvi) and (xvii) inserted by W.B. Act
[8 of 2003
.]
(xvii) [ fees on erection, exhibition, fixing or retaining upon or over any land, building, wall, hoarding, or structure, any advertisement for public display in any manner whatsoever, in any place whether public or private excepting those exhibited by the State Government in the public interest.]
Clauses (xvi) and (xvii) inserted by W.B. Act
[8 of 2003
.]
(2) The Gram Panchayat shall not undertake registration of a vehicle or levy fee therefor and shall not provide sanitary arrangements at places of worship or pilgrimage, fairs and melas within its jurisdiction or levy fee therefor if such vehicle has already been registered by any other authority under any law for the time being in force or if such provision for sanitary arrangement has already been made by any other local authority.
(3) [ The scales of tolls, and the fees or rates and the terms and conditions of imposition thereof, shall be such as may be provided by bye-laws.]
[Sub-Sections (3) and (4) inserted by W.B. Act 18 of 1994.]
(4) [ Such bye-laws may provide for exemption from all or any of the tolls, fees or rates in any class of cases.]
[Sub-Sections (3) and (4) inserted by W.B. Act 18 of 1994.]
### 47A. [ Power to borrow money.
[Section 47A inserted by W.B. Act 17 of 1992.]
- A Gram Panchayat may borrow money from the State Government or [\* \* \* \* \*] from banks or other financial institutions for furtherance of its objective on the basis of such specific schemes as may be drawn up by the Gram Panchayat for the purpose.]
### 48. Budget of the Gram Panchayat.
(1) Every Gram Panchayat shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year [\* \* \* \* \*]
[Words 'and shall submit the budget to the Panchayat Samiti having jurisdiction over the area of the Gram' omitted by W.B. Act 18 of 1994.]
.
(2) (a) The budget prepared under sub-section (1) shall be written in vernacular of the district or the locality concerned and copies of the budget shall be posted in such prominent places within the Gram Panchayat as may be prescribed, inviting objections and suggestions by the members of the Gram Sabha.
[(b) Copies of the budget shall be forwarded to the Panchayat Samiti having jurisdiction over the Gram for its views, if any.
(c) The budget with objections, suggestion and views, if any, received from various quarters shall, within such period as may be prescribed, be placed in the meeting of the Gram Sabha for discussions proposing modification, if any, of the budget.
(d) The Gram Panchayat shall, within such time as may be prescribed and in a meeting specially convened for the purpose and in the presence of at least half of the existing members, consider the objections, suggestions, and views, if any, and the discussions in the meeting of the Gram Sabha, and approve the budget with modifications, if any.
(e) A copy of the budget approved under clause (d) shall be forwarded to the Panchayat Samiti having jurisdiction.]
(3) No expenditure shall be incurred unless the budget is approved [under clause (d) of sub-section (2).]
[Words, figure, letter and brackets substituted for the words 'by the Panchayat Samiti.' by W.B. Act 18 of 1994.]
### 49. Supplementary budget.
- [(1) A Gram Panchayat may prepare in each year a supplementary estimate providing for any modification of its budget and [approve it in a meeting specially convened for the purpose and in the presence of at least half of the existing members]
[Section 49 renumbered as sub-section (1) of that Section and sub-Section (2) inserted by W.B. Act 18 of 1994.]
within such time and in such manner as may be prescribed.] [[Sub-Section (2) substituted by W.B. Act 18 of 1994, which was earlier as under:-
'(2) The Panchayat Samiti may, which such time as may be prescribed, either approve the budget or return it to the Gram Panchayat for such modifications as it may direct. On such modifications being made the budget shall be resubmitted within such lime as may be prescribed for approval of the Panchayat Samiti. If approval of the Panchayat Samiti is not received by the Gram Panchayat by the last of the year, the budget shall be deemed to be approved by Panchayat Samiti.'.]]
(2) [ A copy of the supplementary estimate as approved under sub-section (1) shall be forwarded to the Panchayat Samiti having jurisdiction.]
[Section 49 renumbered as sub-Section (1) of that Section and sub-Section (2) inserted by W.B. Act 18 of 1994.]
### 50. Accounts.
- A Gram Panchayat shall keep such accounts and in such from as may be prescribed.
Chapter VII
Nyaya Panchayats
---------------------------------
### 51. Constitution of Nyaya Panchayat. - .
### 1. ) Every Gram Panchayat shall, if authorised by the State Government by notification to do so, constitute a Nyaya Panchayat, consisting of five members, to be called Vicharaks, elected by it at such time and in such manner as may be prescribed from amongst persons whose names are included in the electoral roll of the West Bengal Legislative Assembly for the time being in force pertaining to the area comprised in the Gram, other than a person who is a member of any Gram Panchayat, Panchayat Samiti [, Zilla Parishad, Mahakuma Parishad or Council]
[Words substituted for the words 'or Zilla Parishad' by W.B. Act 20 of 1988.]
or of any municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1, for the trial of -
(a) the offences specified in the Second Schedule or a case transferred to the Nyaya Panchayat under sub-section (2) of section 52;
(b) all or any of the classes of civil suits specified in section 61;
Provided that no person shall be elected to be a member of a Nyaya Panchayat if he has any of the disqualifications mentioned in section 8.
(2) Every Nyaya Panchayat constituted under sub-section (1) shall be notified in the Official Gazette, or in such other manner as may be prescribed, and shall come into office with effect from the date specified in the said notification.
(3) Every Nyaya Panchayat shall elect at such time and in such manner as may be prescribed one of its members to be called Pradhan Vicharak to preside over its sittings and in the absence of the Pradhan Vicharak, the Vicharaks present at the sitting of the Nyaya Panchayat shall elect one of them to be the Pradhan Vicharak for the purpose of that sitting.
(4) The term of office of a member of a Nyaya Panchayat shall be [five years]
[Words substituted for the words 'four years' by W.B. Act 12 of 1982. w.e.f. 4.8.1982.]
from the date of the notification mentioned in sub-section (2) :
Provided that the members of a Nyaya Panchayat shall continue in office until the election of the members of the Nyaya Panchayat by the newly constituted Gram Panchayat after a general election and assumption of office by such members.
(5) No Nyaya Panchayat shall try any suit, case or other proceeding pending before it unless at least three members of the Nyaya Panchayat are present during such trial.
(6) The Secretary to the Gram Panchayat shall act as the Secretary to the Nyaya Panchayat for the purpose of keeping the records of its proceedings and decisions, and doing such other duties as may be prescribed.
### 52. Criminal jurisdiction.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, a Nyaya Panchayat constituted under section 51 shall have jurisdiction, within the local limits of the Gram Panchayat constituting such Nyaya Panchayat, to try all offences specified in the Second Schedule, Part A; and, with effect from the date specified in the notification referred to in sub-section (2) of section 51, no other court shall, except as otherwise provided in this Act, take cognizance of any case triable by a Nyaya Panchayat:
Provided that nothing in this Act shall take away the jurisdiction of any court to try a case which a Nyaya Panchayat is prohibited by section 78 from trying or which should be, in the opinion of the Nyaya Panchayat or of the Sessions Judge or the Sub-divisional Judicial Magistrate exercising the power conferred by sub-section (1) of section 79, tried in an ordinary court.
(2) A Nyaya Panchayat may try any offence specified in the Second Schedule, Part B, if the case is transferred to it by a Sessions Judge, a Sub-divisional Judicial Magistrate or any other Judicial Magistrate empowered to receive petition under section 190 of the Code of Criminal Procedure, 1898:
Provided that -
(a) a Judicial Magistrate before whom a complaint of an offence mentioned in the Second Schedule, Part A, cognizable by a Nyaya Panchayat is made, shall transfer the complaint to the Nyaya Panchayat which is competent to try the offence;
(b) the Sessions Judge or Sub-divisional Judicial Magistrate may transfer any case from one Nyaya Panchayat to another or to any other court subordinate to him if in the interest of justice he considers it necessary to do so;
(c) the Sessions Judge or Sub-divisional Judicial Magistrate may, with the consent of the parties, transfer any case cognizable by a Nyaya Panchayat, if the place of residence of the complainant is situated within the limits of a Gram Panchayat for which there is no Nyaya Panchayat, to any Nyaya Panchayat situated at a distance from such place of residence convenient, in the opinion of the Sessions Judge or the Sub-divisional Judicial Magistrate, as the case may be, for the parties and witnesses.
(3) Every offence triable by a Nyaya Panchayat shall ordinarily be tried by the Nyaya Panchayat within the local limits of whose jurisdiction it was committed.
(4) The offence ,of theft triable by a Nyaya Panchayat or any offence which includes theft or the possession of stolen property, triable by a Nyaya Panchayat, may be tried by the Nyaya Panchayat within the local limits of whose jurisdiction such offence was committed or the property stolen was possessed by the thief or by any person who received or retained the same knowing or having reason to believe it to be stolen.
(5) An offence triable by a Nyaya Panchayat, committed whilst the offender is in the course of performing a journey, may be tried by the Nyaya Panchayat through or into the local limits of whose jurisdiction the offender, or the person against whom, or the thing in respect of which, the offence was committed, passed in the course of that journey.
(6) When it is uncertain in which of several areas an offence was committed, or where an offence is committed partly in one local area and partly in another, or where an offence is a continuing one and continues to be committed in more local areas than one, or where it consists of several acts done in different local areas, it may be tried by a Nyaya Panchayat having jurisdiction over any such local areas.
(7) Whenever a question arises as to which of two or more Nyaya Panchayats subordinate to the same Sub-divisional Judicial Magistrate ought to try any offence, it shall be decided by the Sub-divisional Judicial Magistrate.
(8) Whenever a question arises as to which of two or more Nyaya Panchayats not subordinate to the same Sub-divisional Judicial Magistrate, but subordinate to the same Sessions Judge, ought to try any offence, it shall be decided by the Sessions Judge.
(9) Where two or more Nyaya Panchayats not subordinate to the same Sessions Judge have taken cognizance of the same offence, the Sessions Judge within the local limits of whose jurisdiction the proceedings were first commenced may direct the trial of such offender to be held in any Nyaya Panchayat subordinate to him and if he so decides all other proceedings against such person in respect of such offence shall be discontinued.
### 53. How case may be instituted.
- A case before Nyaya Panchayat may be instituted by petition made orally or in writing to the Secretary of the Gram Panchayat or in his absence to a member of the Nyaya Panchayat. If the petition is made orally, the Secretary or the member, as the case may be, shall draw up a statement recording the name of the petitioner, the name of the person against whom the petition is made, the nature of the offence and such other particulars, if any, as may be prescribed, and the signature or the thumb impression of the petitioner shall be taken thereon. The Secretary or the member, as the case may be, shall, thereafter, direct the petitioner to appear before the Nyaya Panchayat on a particular date.
### 54. Power to dismiss or refuse to entertain petition.
(1) If upon the face of the petition, or on examining the petitioner, the Nyaya Panchayat is of opinion that the petition is frivolous, vexatious or untrue, it shall dismiss the case by an order in writing.
(2) If at any time it appears to the Nyaya Panchayat -
(a) that it has no jurisdiction to try the case; or
(b) that the offence is one for which the sentence which it is competent to pass would be inadequate; or
(c) that the case is one which should not be tried by it,
it shall direct the petitioner by an order in writing to the court which would have had jurisdiction to try the offence but for the provisions of this Act.
### 55. Dismissal for default.
- If in any case before a Nyaya Panchayat the petitioner fails to appear on the day fixed, or if in the opinion of the Nyaya Panchayat, he shows negligence in prosecuting his case, the Nyaya Panchayat may dismiss the case for default, and such order of dismissal shall operate an acquittal.
### 56. Proceeding preliminary to trial.
(1) If the petition be not dismissed, the Nyaya Panchayat shall, subject to the provisions of section 83, by summons require the accused to appear and answer the petition.
(2) If the accused fails to appear or cannot be found, the Nyaya Panchayat shall report the fact to the nearest Sub-divisional Judicial Magistrate, who would have had jurisdiction to try the offence but for the provisions of this Act, who may issue a warrant for the arrest of the accused and when arrested may forward him for trial to the Nyaya Panchayat or release him on bail to appear before it.
(3) The Nyaya Panchayat shall, if possible, try the case on the day on which the accused appears or is brought before it, but if that is not possible, the Nyaya Panchayat shall release him on his executing a bond for a sum not exceeding twenty-five rupees to appear before it on any subsequent day or days to which the trial may be adjourned:
Provided that if the accused fails or refuses to execute a bond, the Nyaya Panchayat shall, instead of releasing him, send him back under custody to the Sub-divisional Judicial Magistrate by whom such accused was arrested and thereupon such Sub-divisional Judicial Magistrate shall, notwithstanding anything contained in sub-section (1) of section 52, take cognizance of the complaint made before the Nyaya Panchayat and shall try such accused person in the same manner and under the same procedure as if the complaint were made before him.
### 57. Compounding of offences.
- Notwithstanding anything contained in the Code of Criminal Procedure, 1898, the Nyaya Panchayat may allow the parties to compound any offence triable by it.
### 58. Bar to appeal.
- Notwithstanding anything contained in the Code of Criminal Procedure, 1898, there shall be no appeal by a convicted person in any case tried by a Nyaya Panchayat:
Provided that the Sessions Judge or Sub-divisional Judicial Magistrate within the local limits of whose jurisdiction the Nyaya Panchayat is situate, if satisfied that failure of justice has occurred, may, of his own motion, or on the application of any of the parties concerned, made within thirty days from the date of the order of the Nyaya Panchayat, cancel or modify any order of conviction or of compensation made by a Nyaya Panchayat or direct the retrial of any case by a court of competent jurisdiction subordinate to him, notwithstanding anything contained in sub-section (1) of section 52.
### 59. Power to impose fine or to award compensation.
(1) A Nyaya Panchayat shall, after hearing the parties and after considering the evidence adduced by the parties, record its decision in writing, and may sentence any offender convicted by it to pay a fine not exceeding fifty rupees:
Provided that if the members for the Nyaya Panchayat present during the trial of a case fail to come to an unanimous decision, the decision of the majority of such members shall be the decision of the Nyaya Panchayat:
Provided further that in the case of equality of votes of the members of a Nyaya Panchayat present during the trial of a case, the Pradhan Vicharak, or the person who is elected as Pradhan Vicharak for that sitting, shall have a second or casting vote and the decision of the Nyaya Panchayat shall be in accordance with such second or casting vote.
(2) No sentence of imprisonment, simple or rigorous, whether substantive or in default of payment of fine shall be awarded by any Nyaya Panchayat.
(3) When a Nyaya Panchayat imposes a fine under sub-section (1), it may, when passing the order, direct that the whole or any part of the fine recovered shall be applied in payment of compensation for any loss or injury caused by the offence.
(4) If a Nyaya Panchayat is satisfied that a complaint made before it or transferred to it for trial is false, vexatious or frivolous, it may order the complainant to pay to the accused, such compensation not exceeding twenty-five rupees, as it thinks fit.
(5) If such fine or compensation is not paid or realised within thirty days of the passing of the sentence or order or within such further time as the Nyaya Panchayat may allow, the Nyaya Panchayat shall record an order declaring the amount of fine imposed or compensation awarded and that it has not been paid, and shall forward the same to the nearest Sub-divisional Judicial Magistrate, who would have had jurisdiction to cry the case but for the provisions of this Act, and the Sub-divisional Judicial Magistrate shall -
(a) proceed to execute the order as if it were an order passed by himself, or
(b) in default of payment, sentence the accused to imprisonment in accordance with Chapter III of the Indian Penal Code, notwithstanding anything contained in sub-section (2) of this section:
Provided that, notwithstanding anything contained in the Indian Penal Code -
(a) the fine imposed or compensation awarded by a Nyaya Panchayat shall not be realised from any person who has served his term of imprisonment;
(b) the person serving his term of imprisonment shall be forthwith released, if the fine or compensation is paid before the expiry of the term of imprisonment.
### 60. Release after admonition or on probation of good conduct.
- When any person is convicted by a Nyaya Panchayat and no previous conviction is proved against him, if it appears to the said Nyaya Panchayat that regard being had to the age, character and antecedents of the offender and to the circumstances in which the offence was committed, it is expedient -
(a) that the offender should be released after the admonition, the Nyaya Panchayat may, instead of sentencing him to any punishment, release him after due admonition; or
(b) that the offender should be released on probation of good conduct, the Nyaya Panchayat may, notwithstanding anything contained in the Code of Criminal Procedure, 1898, instead of sentencing him at once to any punishment, direct that he be released on his executing a bond for a sum not exceeding fifty rupees to appear and receive sentence when called upon during such period (not exceeding one year) as it may direct, and in the meantime to keep the peace and be of good behaviour.
### 61. Civil jurisdiction.
(1) Notwithstanding anything contained in the Bengal, Agra and Assam Civil Courts Act, 1887, the Provincial Small Cause Courts Act, 1887, and the Code of Civil Procedure, 1908, and subject to the provisions of sections 62 and 63, a Nyaya Panchayat shall have, within the local limits of the Gram Panchayat constituting such Nyaya Panchayat; jurisdiction to try the following classes of suits when the value of the suit does not exceed two hundred and fifty rupees, namely:-
(a) suits for money due on contracts;
(b) suits for the recovery of movable property or the value of such property;
(c) suits for compensation for wrongfully taking or damaging movable property; and
(d) suits for damages by cattle-trespass.
(2) No other court shall have jurisdiction to try any suit of the classes mentioned in sub-section (1):
Provided that nothing in this Act shall take away the jurisdiction of any court to try a suit which a Nyaya Panchayat is prohibited by section 78 from trying or which should be, in the opinion of the Nyaya Panchayat or of the District Judge exercising the power conferred by sub-section (2) of section 79, tried by an ordinary court.
### 62. Suits not to be tried.
- No suit shall lie in any Nyaya Panchayat -
(a) on a balance of partnership account;
(b) for a share or part of a share under an intestacy, or for a legacy or part of legacy under a Will;
(c) by or against the Union of India or a State Government or a local authority or public officers for acts done in their official capacity;
(d) by or against minors or persons of unsound mind or when any such person is in the Opinion of the Nyaya Panchayat a necessary party;
(e) for the assessment, enhancement, reduction, abatement, apportionment or recovery of rent of immovable property; or
(f) by a mortgagee of immovable property for the enforcement of the mortgage by foreclosure or sale of the property or otherwise, or by a mortgagor of immovable property for the redemption of the mortgage.
### 63. Suits to include whole claim.
(1) Every suit instituted before a Nyaya Panchayat shall include the whole of the claim which the plaintiff is entitled to make in respect of the matter in dispute, but he may relinquish any portion of his claim in order to bring the suit within the jurisdiction of the Nyaya Panchayat.
(2) If the plaintiff omits to sue in respect of or relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.
### 64. Local limit of jurisdiction.
- No suit shall lie in a Nyaya Panchayat unless at least one of the defendants resides within the limits of its jurisdiction at the time of the institution of the suit, or the cause of action has arisen wholly or in part within those limits.
### 65. How suit may be instituted.
(1) A suit before a Nyaya Panchayat may be instituted by petition made orally or in writing to the Secretary of the Gram Panchayat or in his absence to a member of the Nyaya Panchayat. If the petition is made orally the Secretary of the member, as the case may be, shall draw up a statement recording the name of the petitioner, the name of the person against whom the petition is made, the nature of the claim and such other particulars, if any, as may be prescribed and the signature or the thumb impression of the petitioner shall be taken thereon. The Secretary or the member, as the case may be, shall thereafter direct the petitioner to appear before the Nyaya Panchayat on a particular date.
(2) The plaintiff on instituting his suit shall state the value of the claim.
### 66. Dismissal of suits barred by limitation, etc.
(1) If at any time the Nyaya Panchayat is of opinion that the suit is barred by limitation it shall dismiss the suit by an order in writing.
(2) If at any time it appears to the Nyaya Panchayat that it has no jurisdiction to entertain the suit, it shall direct the petitioner to the court having jurisdiction to try such suit.
(3) Where it is proved to the satisfaction of the Nyaya Panchayat that a suit has been adjusted wholly or in part by any lawful agreement or compromise or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the Nyaya Panchayat shall pass a decree in accordance therewith so far as it relates to the suit:
Provided that where the Nyaya Panchayat refuses to pass a decree in accordance with the agreement or compromise, it shall record its reasons in writing for so doing.
### 67. Dismissal of suits for default.
- If in any suit before a Nyaya Panchayat the plaintiff fails to appear on the day fixed, or if in the opinion of the Nyaya Panchayat, he shows negligence in prosecuting his suit, it may dismiss the suit for default:
Provided that a Nyaya Panchayat may restore a suit dismissed for default, if within thirty days from the date of such dismissal the plaintiff satisfies the Nyaya Panchayat that he was prevented by sufficient cause from appearing at the time when the suit was called on for hearing.
### 68. Summons to defendant to appear.
- If on receiving the plaint the Nyaya Panchayat is satisfied that the trial of the suit may be proceeded with, it shall, by summons, require the defendant to appear and answer the suit either orally or in writing.
### 69. Ex parte decision.
- If the defendant fails to appear and the Nyaya Panchayat is satisfied that the summons was duly served it may decide the suit ex parte:
Provided that any defendant against whom a suit has been decided ex parte may, within thirty days from the date of executing any process for enforcement of the decision, apply, orally or in writing, to the Nyaya Panchayat to set aside the order; and the Nyaya Panchayat, if satisfied that the summons was not duly served on the defendant, or that the defendant was prevented from appearing at the time when the suit was called on for hearing by any sufficient cause, shall set aside the decision and shall appoint a day for proceeding with suit.
### 70. No order to be set aside without notice to opposite party.
- No decision or order of a Nyaya Panchayat shall be set aside under the proviso to section 67 or under the proviso to section 69 unless notice in writing has been served by the Nyaya Panchayat on the opposite party.
### 71. Power to determine parties.
(1) Subject to the provisions of clauses (c) and (d) of section 62, the Nyaya Panchayat shall add as parties to a suit any person whose presence as parties it considers necessary for a proper decision thereof, and shall enter the names of such parties in the register of suits, and the suit shall be tried as between the parties whose names are entered in the said register:
Provided that when any party is added, notice shall be given to him and he shall be given an opportunity to appear before the trial of the suit is proceeded with.
(2) In all cases where a new party appears under the proviso to sub-section (1) during the trial of a suit, he may require that the trial shall begin de novo.
### 72. Decision of suits.
(1) When the parties or their agents have been heard and the evidence on both sides considered, the Nyaya Panchayat shall, by written order, pass such decree as may seem just, equitable and according to good conscience, stating in the decree the amounts of prescribed fees and the amount, if any, paid to witnesses under sub-section (3) of section 82 and the persons by whom such amounts are payable:
Provided that if the members of the Nyaya Panchayat present during the trial of a suit fail to come to a unanimous decision, the decision of the majority of such members shall be the decision of the Nyaya Panchayat:
Provided further that in the case of equality of votes of the members of a Nyaya Panchayat present during the trial of a suit, the Pradhan Vicharak, or the person who is elected as Pradhan Vicharak for that sitting, shall have a second or casting vote and the decision of the Nyaya Panchayat shall be in accordance with such second or casting vote.
(2) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of, and incidental to, all suits shall be in the discretion of the Nyaya Panchayat and the Nyaya Panchayat shall have full power to determine by whom and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid:
Provided that where the Nyaya Panchayat directs that the successful party shall not get the costs of the suit, it shall state its reasons in writing.
(3) If a Nyaya Panchayat is satisfied that a suit instituted before it is false, vexatious or frivolous, it may direct the plaintiff, by an order in writing, to pay to the defendant such compensation, not exceeding twenty-five rupees, as it may think fit.
### 73. Instalments.
- A Nyaya Panchayat in ordering the payment of a sum of money or the delivery of any movable property may direct that the money be paid, or the movable property be delivered, by instalments.
### 74. Decision to be final but power to Munsif to order retrial.
- The decision of a Nyaya Panchayat in every suit shall be final as between the parties to the suit:
Provided that the Munsif who would have had jurisdiction to try the suit but for the provisions of this Act, may, on the application to any party to the suit made within thirty days of the decree or order of the Nyaya Panchayat, cancel or modify the decree or order of the Nyaya Panchayat or direct a retrial of the suit by the same or any other Nyaya Panchayat if he is satisfied that there has been a failure of justice.
### 75. Death of parties.
- If the plaintiff or defendant in any suit dies before the suit has been decided, the suit may, subject to the provisions of clause (d) of section 62, be proceeded with at the instance of, or against the legal representatives of, the deceased plaintiff or defendant, as the case may be.
### 76. Effect of decision on questions of title, etc.
- The decision of a Nyaya Panchayat on the question of title, legal character, contract or obligation shall not bind the parties except in respect of the suit in which such matter is decided.
### 77. Procedure for Nyaya Panchayat.
(1) The provisions of -
(a) the West Bengal Court-fees Act, 1970,
(b) the Code of Criminal Procedure, 1898,
(c) the Code of Civil Procedure, 1908, and
(d) the Indian Evidence Act, 1872,
shall not apply to any trial before a Nyaya Panchayat.
(2) The procedure to be followed by a Nyaya Panchayat in any trial, in the enforcement of its decisions anti orders, and in the method of forming a quorum shall, subject to the provisions of this Act, be in accordance with prescribed rules.
### 78. Bar to trial of case or suit in which a Panchayat or its member is interested.
- No Nyaya Panchayat shall try any case or suit or other proceeding in which the Gram Panchayat concerned or any member of such Nyaya Panchayat is a party or is interested.
### 79. Withdrawal or transfer of case or suit.
(1) The Sessions Judge or the Sub-divisional Judicial Magistrate within the local limits of whose jurisdiction the Nyaya Panchayat is situate, may, of his own motion or on the application of any of the parties to a case or on the motion of the Nyaya Panchayat concerned, withdraw the case pending before a Nyaya Panchayat if, for reasons to be recorded by him in writing, he is of opinion that the case is one which should not be tried or heard by the Nyaya Panchayat, and may try or hear the case himself or transfer it for disposal to another Judicial Magistrate who would have had jurisdiction to try the case but for the provisions of this Act.
(2) The District Judge, with the local limits of whose jurisdiction a Nyaya Panchayat is situate, may, of his own motion or on the application of any of the parties to a suit or on the motion of the Nyaya Panchayat concerned, withdraw the suit pending before a Nyaya Panchayat if, for reasons to be recorded by him in writing, he is of opinion that the suit is one which should not be tried or heard by the Nyaya Panchayat, and may try or hear the suit himself or transfer it for disposal to the court of the Munsif who would have had jurisdiction to try the suit but for the provisions of this Act.
(3) If at any stage of a case or a suit any party to such case or suit informs the Nyaya Panchayat that he has applied or that he intends to apply for the withdrawal or transfer of the case or suit under sub-section (1) or sub-section (2), as the case may be, the Nyaya Panchayat shall stay further proceedings in the case or suit until such time as it thinks fit.
### 80. Certain suits and cases not to be tried.
(1) No Nyaya Panchayat shall try any suit in which the matter directly and substantially in dispute has been heard and finally decided by a court of competent jurisdiction in a former suit between the same parties, or between parties under whom they or any of the claim.
(2) No Nyaya Panchayat shall proceed with the trial of any suit in which the matter directly and substantially in dispute is pending for decision in the same Nyaya Panchayat or in any other court in a previously instituted suit between the same parties or between parties under whom they or any of them claim.
(3) No Nyaya Panchayat shall try a person who has once been tried by a court or a Nyaya Panchayat of competent jurisdiction for an offence and convicted or acquitted of such offence, while such conviction or acquittal remains in force.
### 81. Inspection.
(1) The Sessions Judge and the Sub-divisional Judicial Magistrate within the local limits of whose jurisdiction the Nyaya Panchayat is situate, shall have the power at all times to inspect the proceedings of any criminal case and the records of criminal cases maintained by a Nyaya Panchayat.
(2) The District Judge and the Munsif within the local limits of whose jurisdiction the Nyaya Panchayat is situate, shall have the power at all times to inspect the proceedings of any suit and the records of suits maintained by a Nyaya Panchayat.
### 82. Attendance of witnesses.
(1) Subject to the provisions of section 85, a Nyaya Panchayat may, by summons, send for any person to appear and give evidence or to produce or cause the production of any document:
Provided that no person who is exempt from personal appearance in court under sub-section (1) of section 133 of the Code of Civil Procedure, 1908, shall be required to appear in person before a Nyaya Panchayat.
(2) A Nyaya Panchayat shall refuse to summon a witness or to enforce a summons already issued against a witness, where, in the opinion of the Nyaya Panchayat, the attendance of the witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.
(3) A Nyaya Panchayat shall not require any person living outside the limits of the Gram Panchayat concerned to give evidence, unless such sum of money as may appear to the Nyaya Panchayat to be sufficient to defray the travelling and other expenses of such person and for one day's attendance is deposited in the Nyaya Panchayat by the party who cites such person as his witness.
(4) If any person whom a Nyaya Panchayat summons by written order to appear or give evidence, or to produce any document before it fails, without lawful excuse, to obey such summons and thereby commits an offence, the Nyaya Panchayat, may take cognizance of such offence and may sentence the person convicted of such offence to a fine not exceeding twenty-five rupees.
### 83. Appearance of parties.
(1) The parties to cases triable by a Nyaya Panchayat shall appear personally before the Nyaya Panchayat:
Provided that the Nyaya Panchayat, if it thinks fit so to do, may dispense with the personal attendance of an accused and permit him to appear by agent.
(2) The parties to suits triable by a Nyaya Panchayat may appear by agent.
Explanation. - "agent" in sub-sections (1) and (2), means a person who is authorised in writing to appear and plead for either party.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), no person whose name is included in a list of touts framed and published by Sub-divisional Magistrate under section 80A of the Registration Act, 1908, shall be permitted to appear as an agent of a party before a Nyaya Panchayat.
### 84. Legal practitioners not to practise.
- Notwithstanding anything contained in the Legal Practitioners Act, 1879, legal practitioners shall not be permitted to practise before a Nyaya Panchayat.
### 85. Appearance of women.
- No woman shall be compelled to appear in person before a Nyaya Panchayat as an accused or as a witness.
### 86. Power to issue commission.
- Subject to such rules as may be prescribed, a Nyaya Panchayat may issue a commission to examine any person in accordance with such procedure as may be prescribed.
### 87. Trial of suit triable by more than one Nyaya Panchayat.
- Where a suit is maintainable in more than one Nyaya Panchayat, the plaintiff may bring the suit in any one of such Nyaya Panchayats and any dispute regarding the jurisdiction of a Nyaya Panchayat to entertain any suit shall be decided by the Munsif who would have had jurisdiction to try the same but for the provisions of this Act, and the decision of the Munsif thereon shall be final.
### 88. Realisation of fees and execution of decrees.
(1) All fees imposed and the sums decreed under this Act by a Nyaya Panchayat may be realised under the orders of the Nyaya Panchayat in the same manner as an arrear of rate or tax imposed under this Act and any amount realised in pursuance of such an order shall be paid to the persons entitled to get the same.
(2) If the Nyaya Panchayat granting a decree is unable to effect satisfaction thereof, it shall grant the decree-holder a certificate to that effect stating the amount due to him and the amount due as costs of the suit.
(3) The decree-holder to whom the certificate referred to in sub-section (2) is granted, may make an application, on production of such certificate, to the court of the Munsif within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business or personally works for gain, for execution of the decree granted by the Nyaya Panchayat.
(4) The court of the Munsif, to which the application referred to in sub-section (3) is made, shall execute the decree granted by the Nyaya Panchayat and in executing such decree it shall have the same powers and it shall follow the same procedure as if it were executing a decree passed by itself.
(5) An application for execution of a decree of a Nyaya Panchayat made after the expiry of three years from the date of the decree or of any order under the proviso to section 74 modifying any such decree, shall be dismissed, although limitation has not been pleaded:
Provided that where the decree is for payment of a sum of money or delivery of any movable property which the decree directs to be made at a certain date, the application from execution of the decree may be made within three years from the date.
### 89. Registers and records.
- Every Nyaya Panchayat shall maintain such registers and records and submit such returns as may be prescribed.
### 90. Resignation by member of Nyaya Panchayat and filling of casual vacancy.
(1) A member of a Nyaya Panchayat may resign during his term of office by notifying in writing his intention to do so to the prescribed authority and, on such resignation being accepted by the prescribed authority, shall be deemed to have vacated his office.
(2) When the office of member of a Nyaya Panchayat becomes vacant by resignation or otherwise a new member shall, in the same manner as laid down in section 51, be elected by the Gram Panchayat, who shall hold office so long as the member whose office he fills would have been entitled to hold office if such vacancy had not occurred:
Provided that no act of the Nyaya Panchayat shall be deemed to be invalid by reason only the the number of members of the Nyaya Panchayat at the time of the performance of such act was less than the prescribed number.
### 91. Removal of members of Nyaya Panchayat.
(1) The State Government may, by an order in writing, at any time, for good and sufficient reason to the stated in such order, remove a member of a Nyaya Panchayat.
(2) Before removing a member under sub-section (1), the State Government shall allow the member concerned an opportunity of being heard in accordance with such rules as may be prescribed.
### 92. Reference to Sessions Judge, etc.
- Any reference in this Chapter to the Sessions Judge, the Sub-divisional Judicial Magistrate and the Judicial Magistrate shall, in the district where the West Bengal Separation of Judicial and Executive Functions Act, 1970, is not in force, be construed as a reference to the District Magistrate, Sub-divisional Magistrate and Magistrate, respectively.
Part III – Panchayat Samiti
-----------------------------
Chapter VIII
Constitution of Panchayat Samiti
--------------------------------------------------
### 93. Block.
(1) The State Government may, by notification, divide a district into Blocks each comprising such contiguous Grams as may be specified in the notification:
[Provided that a Block may comprise such Grams as are not contiguous or have no common boundaries and are separated by an area to which this Act does not extend or in which the remaining sections of this Act referred to in sub-section (3) of section 1 have not come into force.]
[Proviso inserted by W.B. Act 2 of 1983. w.e.f. 19.1.1983.]
(2) The notification under sub-section (1) shall specify the name of the Block by which it shall be known and shall specify the local limits of such Block.
(3) The State Government may, after making such enquiry as it may think fit and after consulting the views of the Panchayat Samiti or Samitis concerned, by notification -
(a) exclude from any Block any Gram comprised therein; or
(b) [ include in any Block any Gram contiguous to such Block or separated by an area to which this Act does not extend or in which the remaining sections of this Act referred to in sub-section (3) of section 1 have not come into force; or] [[Clause (b) substituted by W.B. Act 2 of 1983. w.e.f. 19.1.1983, which was earlier as under:-
'(b) include in any Block any Gram contiguous to such Block; or'.]]
(c) divide the area of a Block so as to constitute two or more Blocks; or
(d) unite the areas of two or more Blocks so as to constitute a single Block.
### 94. Panchayat Samiti and its constitution.
(1) For every Block the State Government shall constitute a Panchayat Samiti bearing the name of the Block.
(2) The Panchayat Samiti shall consist of the following members, namely:-
(i) Pradhans of the Gram Panchayats within the Block, ex officio;
(ii) such number of persons not exceeding "three as may be prescribed [on the basis of the number of voters in hill areas and other areas]
[Words inserted by W.B. Act 10 of 1978.]
to be elected from each Gram within the Block, the Gram being divided [by the prescribed authority]
[Words inserted by W.B. Act 2 of 1983. w.e.f. 19.1.1983.]
for the purpose into as many constituencies as the number of persons to be elected and the election being held by secret ballot at such time and in such manner as may be prescribed, [from amongst the persons, whose names are included in the electoral roll]
[Words 'in force on the last date of nominations for Panchayat election' first substituted for the words 'for the time being in force' by W.B. Act 37 of 1984, then the words within third brackets substituted for the words 'from amongst themselves by persons whose names are included in the electoral roll of the West Bengal Legislative Assembly in force on the last dale of nomination for Panchayat election pertaining to the constituency comprised in such Gram' by W.B. Act 17 of 1992.]
[pertaining to the area comprised in the Block, prepared in accordance with such rules as may be made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for the purpose of an election by persons whose names are included in such electoral roll pertaining to the constituency comprised in such Gram:]
[Words substituted for the words 'of the West Bengal Legislative Assembly in force on the last date of nomination for Panchayat election pertaining to the area comprised in the Block.' by W.B. Act 18 of 1994.]
[Provided that seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in a Panchayat Samiti and the number of seats so reserved shall bear, as nearly as may be and in the manner and in accordance with such rules as may be made in this behalf by the State Government, the same proportion to the total number of seats in that Panchayat Samiti to be filled up by election as the population of the Scheduled Castes in the Panchayat Samiti area, or of the Scheduled Tribes in that Panchayat Samiti area, as the case may be, bears to the total population of the Panchayat Samiti area and such seats shall be subject to allocation by rotation, in the manner prescribed, to such different constituencies having Scheduled Castes or Scheduled Tribes population which bears with the total population in that constituency not less than half of the proportion that the total Scheduled Castes population or the Scheduled Tribes population in that Panchayat Samiti area, as the case may be, bears with the total population in that Panchayat Samiti area:]
[First to fifth provisos inserted by W.B. Act 17 of 1992.]
[Provided further that not less than one-third of the total number of seats reserved for the Scheduled Castes and the Scheduled Tribes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be:]
[First to fifth provisos inserted by W. B. Act 17 of 1992.]
[Provided also that not less than one-third of the total number of seats, including the seats reserved for the Scheduled Castes and the Scheduled Tribes, in a Panchayat Samiti shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed:]
[First to fifth provisos inserted by W. B. Act 17 of 1992.]
[Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section [\* \* \* \* \*]
[First to fifth provisos inserted by W. B. Act 17 of 1992.]
when the number of members to be elected to a Panchayat Samiti is determined, or when seats are reserved for the Scheduled Castes and the Scheduled Tribes in a Panchayat Samiti, in the manner as aforesaid, the number of members so determined or the number of seats so reserved shall not be varied for three successive general elections:]
[Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no woman for whom seats are reserved under this sub-section, shall, if eligible for election to a Panchayat Samiti, be disqualified for election to any seat not so reserved:]
[First to fifth provisos inserted by W. B. Act 17 of 1992.]
[Provided also that such division into constituencies shall be made in such manner that the ratio between the population of the Block and the number of constituencies in the Panchayat Samiti shall, so far as practicable, be the same in any Panchayat Samiti:]
[Sixth to eighth provisos inserted by W.B. Act 18 of 1994.]
[Provided also that the State Election Commissioner may, at any time, for reasons to be recorded in writing [, by order, direct the prescribed authority to make fresh determination]
[Sixth to eighth provisos inserted by W.B. Act 18 of 1994.]
of the number of members in a Panchayat Samiti or fresh reservation on rotation of the number of seats in the Panchayat Samiti and, on such order being issued by the State Election Commissioner, the determination of the number of members [or the number of seats to be reserved or the sequence of rotation of reservation of seats or any combination of them as may be specified in such order]
[Words substituted for the words 'and the reservation of the number of seals' by W.B. Act 24 of 1997.]
shall not be varied for [the next]
[Words inserted by W.B. Act 15 of 1997.]
three successive general elections:]
(iii) [ [(a) members of the House of the People and the Legislative Assembly or the State elected thereto from a constituency comprising the Block or any part thereof, not being Ministers or directly elected members of Panchayat Samiti or not being Sabhadhipati (or Sahakari Sabhadhipati of Zilla Parishad elected thereto from a constituency comprising the Block, ex Officio;] [[Clause (iii) substituted by W.B. Act 23 of 1979, which was earlier as under:-
'(iii) members of the House of the People and the Legislative Assembly of the State elected thereto from a constituency comprising the Block or any part thereof, not being Ministers and members of the Council of States, not being Ministers, having a place of residence in the Block.'.]]]
(b) members of the Council of States, not being Ministers, [(registered as electors within the area of the Block;) and]
[Words 'Block; and' first substituted for the word 'Block.' by W.B. Act 17 of 1992, then the words within first brackets substituted for the words 'having a place of residence in the Block;' by W.B. Act 18 of 1994.]
(c) [ members of the Zilla Parishad, not being Sabhadhipati or Sahakari Sabhadhipati, elected thereto from the constituency comprising any part of the Block.]
[Sub-clause (c) inserted by W.B. Act 17 of 1992.]
(3) Every Panchayat Samiti constituted under this section shall [\* \* \* \* \*]
[Words and figures ',notwithstanding anything contained in section 210.' first inserted by W.B. Act 10 of 1978, then omitted by W.B. Act 18 of 1994.]
be notified in the Official Gazette and shall come into office with effect from the date of its first meeting at which a quorum is present.
(4) Every Panchayat Samiti shall be a body corporate having perpetual succession and a common seal and shall by its corporate name sue and be sued.
### 95. Effect of the alteration of the area of a Block.
(1) When any Gram is excluded from a Block under clause (a) of sub-section (3) of section 93, such Gram shall, as from the date of the notification referred to in that sub-section, cease to be subject to the jurisdiction of the Panchayat Samiti of that Block and, unless the State Government otherwise directs, to the rules, orders, directions and notifications in force therein.
(2) When a Gram is included in a Block under clause (b) of sub-section (3) of section 93, the Panchayat Samiti for that Block shall, as from the date of the notification referred to in that sub-section, have jurisdiction over such Gram and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in that Block shall apply to the Gram so included.
(3) [ When the area of any Block is divided under clause (c) of sub-section (3) of section 93 so as to constitute two or more Blocks, there shall be reconstitution of the Panchayat Samitis for the newly constituted Blocks in accordance with the provisions of this Act, and the Panchayat Samiti of the Block so divided shall, as from the date of coming into office of the newly constituted Panchayat Samitis, cease to exist.] [[Sub-Section (3) substituted by W.B. Act 2 of 1983, w.e.f. 19.1.1983, which was earlier as under:-
'(3) When the area of any Block is divided under clause (c) of sub-section (3) of section 93 so as to constitute two or more Blocks, the Panchayat Samiti of the Block shall, as from the date of the notification referred to in that sub-section, cease to exist and there shall be reconstitution of the Panchayat Samitis for the newly-constituted Blocks in accordance with the provisions of this Act.'.]]
(4) [ When the areas of two or more Blocks are united under clause (d) of sub-section (3) of section 93 so as to constitute a single Block, there shall be reconstitution of the Panchayat Samiti for the newly constituted Block in accordance with the provisions of this Act, and the Panchayat Samitis of the Blocks so united shall, as from the date of coming into office of the newly constituted Panchayat Samiti, cease to exist.] [[Sub-Section (4) substituted by W.B. Act 2 of 1983, w.e.f. 19.1.1983, which was earlier as under:-
'(4) When the areas of two or more Blocks are united under clause (d) of sub-section (3) of section 93 so as to constitute a single Block, the Panchayat Samitis of the said Blocks shall, as from the date of the notification referred to in that sub-section, cease to exist and a separate Panchayat Samiti shall be constituted for the new Block in accordance with the provisions of this Act.'.]]
(5) When under sub-section (3) of section 93 any Gram is excluded from, or included in, a Block, or a Block is divided so as to constitute two or more Blocks, or two or more Blocks are united to constitute a single Block, the properties, funds and liabilities of the Panchayat Samiti or Samitis affected by such reorganisation shall vest in such Panchayat Samiti, or Samitis, and in accordance with such allocation, as may be determined by order in writing by the prescribed authority, and such determination shall be final.
(6) An order made under sub-section (5) may contain such supplemental, incidental and consequential provisions as may be necessary to give effect to such reorganisation.
[Explanation. - For the purpose of reconstitution of the Panchayat Samiti after division referred to in sub-section (3) or after unification referred to in sub-section (4), -]
['Explanation' inserted by W.B. Act 15 of 1997.]
(a) it shall not be necessary to hold general elections to the newly constituted Panchayat Samiti or Panchayat Samitis when the terms of office of the members of the former Panchayat Samitis within the scope and meanings of sub-section (1) of section 96, do not expire,' and
(b) such members having unexpired terms of office shall be declared by the State Government or such authority as may be empowered, by order, by the State Government in this behalf, by notification in the Official Gazette as members to the newly constituted Panchayat Samiti that comprises the constituencies, wholly or in part, from which such members were elected to the former Panchayat Samitis and any such member shall hold office in the newly constituted Panchayat Samiti for the unexpired portion of the term of his office.
### 95A. [ Effect of inclusion of any area of Block in any area of Municipality.
[Section 95A inserted by W.B. Act 2 of 1995, w.e.f. 28.12.1994.]
- If, at any time, the whole of the area of a Block is included in the area of a Municipality by a notification under any law for the time being in force or in an area under the authority of a Town Committee or a Cantonment, the Panchayat Samiti for such area shall cease to exist within six months from the date of the notification or with effect from such date as may be specified in the notification or with effect from the date on which elections to the newly constituted body are completed, whichever is earlier, and the properties, funds and other assets vested in such Panchayat Samiti shall vest in and devolve on the Municipality or the Town Committee or the Cantonment Authority, as the case may be, in accordance with the orders of the prescribed authority. The persons employed under such Panchayat Samiti shall, with effect from the date on which the Panchayat Samiti ceases to exist, be deemed to be employed by the Municipality or the Town Committee or the Cantonment Authority, as the case may be, on terms and conditions not being less advantageous than what they were entitled to immediately before such inclusion.]
### 96. Office of members of Panchayat Samiti. [[Section 96 substituted by W.B. Act 18 of 1994, which was earlier as under:-
'96. Term of office of members of Panchayat Samiti. - (1) The members of a Panchayat Samiti other than the ex officio members shall, subject to the provisions of sub-section (2) of this section and section 100, hold office for a period of five years from the date of poll in the general election for constitution of Panchayat Samitis.
[(2) The period of five years referred to in sub-section (1) shall be held to include any period which may elapse between the expiry' of the said period and the date of the first meeting of the newly formed Panchayat Samiti after a fresh election at which a quorum is present :
Provided that if such first meeting of the newly-formed Panchayat Samiti cannot be held within three months of the expiry of the said period of five years, the State Government may by order, terminate the term of office of the members of the Panchayat Samiti continuing in office under this sub-section and appoint any authority, person or persons to exercise and perform, subject, to such conditions as may be specified in the order, the powers and functions of the Panchayat Samiti under this Act or any other law for the time being in force until the date on which such first meeting of the newly-formed Panchayat Samiti is held.'.]]
(1) The members of a Panchayat Samiti, other than ex officio members, shall, subject to the provisions of sections 100 and 213A, hold office for a period of five years from the date of its first meeting and no longer.
(2) There shall be held a general election for the constitution of a Panchayat Samiti within a period not exceeding five years from the date of the previous general election held for the Panchayat Samiti:]
[Provided that if the first meeting of the newly-formed Panchayat Samiti cannot be held before the expiry of the period of five years under sub-section (1) , the State Government may, by order, appoint, any authority, person or persons to exercise and perform, subject to such conditions as may be specified in the order, the powers and functions of the Panchayat Samiti under this Act or any other law for the time being in force, for a period not exceeding three months at a time or until the date on which such first meeting of the newly-formed Panchayat Samiti is held, whichever is earlier.]
[Added by W.B. Act No. 8 of 2010, dated 13.5.2010.]
[96A. \* \* \* \* \* \* \*] [[Section 96A first inserted by W.B. Act 17 of 1992, then omitted by W.B. Act 18 of 1994, which was as under:-
'96A. General election to Panchayat Samitis. - (1) There shall be held a general election for the constitution of a Panchayat Samiti in accordance with the provisions of section 94 before the expiry of the term of office of the members thereof under section 96.
(2) Notwithstanding anything contained in sub-section (1), if the State Government is of opinion that circumstances exist under which it is not possible to Hold election in the area or in any part of the area of a Panchayat Samiti, it may, on the expiry of the term of office of the members of the Panchayat Samiti under sub-section (1) of section 96, by an order published in the Official Gazette, extend such term of office for such period, not exceeding six months at a time, as may be specified in the order :
Provided that prior to the issue of any notification for such extension of the term of office beyond six months from the date of expiry of the term under sub-section (1) of section 96, such notification shall be laid before the State Legislature and shall be subject to such modification as the State Legislature may make.'.]]
### 97. Disqualifications of members of Panchayat Samiti.
- Subject to the provisions contained in section 140 and 142, a person shall not be qualified to be a member of a Panchayat Samiti, if -
(a) he is a member [\* \* \* \* \*]
[Words 'of a Gram Panchayat other than the Pradhan or a Nyaya Panchayat or a Zilla Parishad or' omitted by W.B. Act 37 of 1984.]
of any municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1; or
(b) [ he is in the service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti or [a Zilla Parishad or the Mahakuma Parishad or the Council;] [[Clause (b) substituted by W.B. Act 6 of 1985, w.e.f. 25.1.1985, which was earlier as under:-
'(b) he is in the service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti or a Zilla Parishad; or'.]] and for the purposes of this clause, it is hereby declared that a person in the service of any undertaking of the Central or the State Government or any statutory body or Corporation or any public or Government company or any local authority or any co-operative society or any banking company or any university or any Government sponsored institution or any educational or other institution or undertaking or body receiving any aid from the Government by way of grant or otherwise or a person not under the rule-making authority of the Central or the State Government or a person receiving any remuneration from any undertaking or body or organisation or association of persons as the employee or being in the service of such undertaking or body or organisation or association of persons out of funds provided or grants made or aids given by the Central or the State Government, shall not be deemed to be in the service of the Central or the State Government; or]
(c) he has, directly or indirectly by himself or by his partner or employer or an employee, any share or interest in any contract with, by or on behalf of, the Panchayat Samiti, or a Gram Panchayat within the Block concerned [or the Zilla Parishad of the district, or the Mahakuma Parishad or the Council:]
[Words substituted for the words 'or the Zilla Parishad of the district;' by W.B. Act 20 of 1988.]
Provided that no person shall be deemed to be disqualified for being elected a member of a Panchayat Samiti by reason only of his having a share or interest in any public company as defined in the Companies Act, 1956, which contracts with or is employed by the Panchayat Samiti or any such Gram Panchayat [or such Zilla Parishad or the Mahakuma Parishad or the Council;]
[Words substituted for the words 'or such Zilla Parishad;' by W.B. Act. 20 of 1988.]
or
(d) he has been dismissed from the service of the Central or a State Government or a local authority or a co-operative society, or a Government Company or a Corporation owned or controlled by the Central or the State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal; or
(e) he has been adjudged by a competent court to be of unsound mind; or
(f) he is an undischarged insolvent; or
(g) he being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or
(h) [(i) he has been convicted by a court - [[Clause (h) substituted by W.B. Act 15 of 1997, which was earlier as under:-
'(h) he has been convicted by a Court of an offence involving moral turpitude punishable with imprisonment for a period of more than six months or an offence under Chapter IXA of the Indian Penal Code or section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952, or Chapter III of Part VII of the Representation of the People Act, 1951, and five years have not elapsed from the date of the expiration of the sentence; or'.]]
(A) of an offence involving moral turpitude punishable with imprisonment for a period of more than six months, or
(B) of an offence under Chapter IXA of the Indian Penal Code, or
(C) under section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952, and five years have not elapsed from the date of the expiration of the sentence; or
(ii) he is disqualified for the purpose of elections to the State Legislature under the provisions of Chapter III of Part II of the Representation of the People Act, 1951; or]
(i) [ he has not attained the age of twenty-one years on the date fixed for the scrutiny of nominations for any election; or]
[Clauses (i) to (l) inserted by W.B. Act 18 of 1994.]
(j) [ he has been convicted under section 189 at any time during the last ten years; or]
[Clauses (i) to (l) inserted by W.B. Act 18 of 1994.]
(k) [ he has been surcharged or charged under section 192 at any time during the last ten years; or]
[Clauses (i) to (l) inserted by W.B. Act 18 of 1994.]
(l) [ he has been removed under section 213 at any time during the last five years.]
[Clauses (i) to (l) inserted by W.B. Act 18 of 1994.]
### 98. Sabhapati and Sahakari Sabhapati.
(1) Every Panchayat Samiti shall, at its first meeting at which a quorum is present, elect, in the prescribed manner, one of its members to be the Sabhapati and another member to be the Sahakari Sabhapati of the Panchayat Samiti:
Provided that members referred to in [clauses (i) and (iii)]
[Word, brackets and figure 'clause (iii) ' first substituted for the words, brackets, letter and figure 'sub-clause (iii) of clause (a)' by W.B. Act 58 of 1978, then the words, brackets and figures within third brackets substituted for the word, brackets and figure 'clause (iii)' by W.B. Act 37 of 1984.]
of sub-section (2) of section 94 [shall neither participate in, nor be eligible, for, such election:]
[Words substituted for the words 'shall not be eligible for such election.' by W.B. Act 18 of 1994.]
[Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that on being elected, he shall not hold any office of profit during the period for which he holds or due to hold such office unless he has obtained leave of absence from his place of employment or shall- not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his office powers, due performance of his office functions or due discharge of his office duties:]
[Substituted by Act No. 40 of 2017, dated 16.10.2017]
[Provided also that subject to such rules as may be made by the State Government in this behalf, the offices of the Sabhapati and the Sahakari Sabhapati shall be reserved for the Scheduled Castes and the Scheduled Tribes in such manner that the number of offices so reserved at the time of any general election shall bear, as nearly as may be, the same proportion to the total number of such offices within a district as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, in all the Blocks within such district taken together bears with the total population in the same area, and such offices shall be subject to allocation by rotation in the manner prescribed:]
[3rd to 7th provisos inserted by W.B. Act 18 of 1994.]
[Provided also that after being elected to an [office of an office bearer]
[Proviso Inserted by Act No. 5 of 2014, dated 31.3.2014.]
, he shall be all owed lien or leave of absence from the place of his employment for his full tenure in such office with effect from the date of his joining to such office by the Department or authority or undertaking or aided institution of the State Government under which he holds his office of profit;]
[Provided also that the offices of the Sabhapati and the Sahakari Sabhapati in any Panchayat Samiti having the Scheduled Castes or the Scheduled Tribes population, as the case may be, constituting not more than five per cent of the total population in the Block, shall not be considered for allocation by rotation:]
[3rd to 7th provisos inserted by W.B. Act 18 of 1994.]
[provided also that in the event of the number of Blocks having the Scheduled Castes or the Scheduled Tribes population constituting more than five per cent of the total population, falling short of the number of the offices of the Sabhapati and the Sahakari Sabhapati required for reservation in a district, the State Election Commissioner may, by order, include, for the purpose of reservation, other such offices of the Sabhapati and the Sahakari Sabhapati beginning from the Block having higher proportion of the Scheduled Castes or the Scheduled Tribes, as the case may be, until the total number of seats required for reservation is obtained:]
[3rd to 7th provisos inserted by W.B. Act 18 of 1994.]
[Provided also that not less than one-third of the total number of the offices of the Sabhapati and the Sahakari Sabhapati reserved for the Scheduled Castes and the Scheduled Tribes in a district, shall be reserved by rotation for the women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be:]
[3rd to 7th provisos inserted by W. B. Act 18 of 1994.]
[Provided also that not less than one-third of the total number of offices of the Sabhapati and the Sahakari Sabhapati in a district including the offices reserved for the Scheduled Castes and the Scheduled Tribes, shall be reserved for the women, and the offices so reserved shall be determined by rotation in such manner as may be prescribed:]
[3rd to 7th provisos inserted by W.B. Act 18 of 1994.]
[Provided also that in a district, determination of the offices of the Sabhapati reserved for the Scheduled Castes, the Scheduled Tribes and women shall precede such determination for the offices of Sahakari Sabhapati:]
[8th to 10th provisos inserted by W.B. Act 24 of 1997.]
[Provided also that if, for any term of election (hereinafter referred to in this proviso as the said term of election), the office of the Sabhapati in a Panchayat Samiti is reserved for any category of persons in terms of the rules in force, the office of the Sahakari Sabhapati in the Panchayat Samiti shall not be reserved for the said term of election for any category and if, in accordance with the rules applicable to the office of the Sahakari Sabhapati, such office is required to be reserved for the said term of election, such reservation for the same category shall be made in another office of the Sahakari Sabhapati within the district in the manner prescribed, keeping the total number of offices so reserved for the said term of election equal to the number of such offices enquired to be reserved in accordance with the rules in force:]
[8th to 10th provisos inserted by W.B. Act 24 of 1997.]
[Provided also that when in any term of election, an office of the Sahakari Sabhapati is not reserved on the ground that the corresponding office of the Sabhapati is reserved in the manner prescribed, such office of the Sahakari Sabhapati not reserved on the ground as aforesaid, shall be eligible for consideration for reservation during the next term of election the manner prescribed:]
[8th to 10th provisos inserted by W.B. Act 24 of 1997.]
[Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section or elsewhere in this Act, the principle of rotation for the purpose of reservation of offices under this sub-section shall commence from the first election to be held after the coming into force of section 26 of the West Bengal Panchayat (Amendment) Act, 1994, and the roaster for reservation by rotation shall continue for every three successive terms for the complete rotation unless the State Election Commissioner, for reasons to be recorded in writing and by notification, directs fresh commencement of the rotation at any stage excluding one or more terms from the operation of the rotation:]
[11th to 13th provisos inserted by W.B. Act 18 of 1994.]
[Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no woman, for whom the offices are reserved under this sub-section, shall, if eligible for the office of the Sabhapati or Sahakari Sabhapati, be disqualified for election to any office not so reserved:]
[11th to 13th provisos inserted by W.B. Act 18 of 1994.]
[Provided also that the provisions for reservation of the offices of the Sabhapati and the Sahakari Sabhapati for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India.]
[11th to 13th provisos inserted by W.B. Act 18 of 1994.]
(2) The meeting to be held under sub-section (1) shall be convened by the prescribed authority in the prescribed manner.
(3) The Sabhapati and the Sahakari Sabhapati shall, subject to the provisions of section 101 and to their continuing as members, hold office for a period of [five years:]
[Words substituted for the words 'four years' by W.B. Act 12 of 1982, w.e.f. 4.8.1982.]
[\* \* \* \* \* \* \*] [[Proviso omitted by W.B. Act 18 of 1994, which was as under:-
'Provided that a Sabhapati or a Sahakari Sabhapati shall continue in office after the expiry of the said period until a new Sabhapati or Sahakari Sabhapati is elected and assumes office or until an authority or a person or persons is or are appointed under the proviso to sub-section (2) of section 96.'.]]
(4) When-
(a) the office of the Sabhapati falls vacant by reason of death, resignation, removal or otherwise, or
(b) the Sabhapati is, by reason of leave, illness or other cause, temporarily unable to act, the Sahakari Sabhapati shall exercise the powers, perform the functions and discharge the duties of the Sabhapati until a new Sabhapati is elected and assumes office or until the Sabhapati resumes his duties, as the case may be.
(5) When -
(a) the office of the Sahakari Sabhapati falls vacant by reason of death, resignation, removal or otherwise, or
(b) the Sahakari Sabhapati is, by reason of leave, illness or other cause, temporarily unable to act, the Sabhapati shall exercise the powers, perform the functions and discharge the duties of the Sahakari Sabhapati until a new Sahakari Sabhapati is elected and assumes office or until the Sahakari Sabhapati resumes his duties, as the case may be.
(6) When the offices of the Sabhapati and the Sahakari Sabhapati are both vacant or the Sabhapati and the Sahakari Sabhapati are temporarily unable to act, the prescribed authority may appoint .[for a period of thirty days at a time]
[Words inserted by W.B. Act 18 of 1994]
a Sabhapati and a Sahakari Sabhapati from among the members of the Panchayat Samiti to act as such until a Sabhapati or a Sahakari Sabhapati is elected [or assumes office or until the Sabhapati or the Sahakari Sabhapati resumes duties, as the case may be,]
[Words substituted for the words 'and resumes office' by W.B. Act 37 of 1984.]
[\* \* \* \* \* \* \*] [[Sub-Section (7) omitted by W.B. Act 37 of 1984, which was as under:-
'(7) If the Pradhan of a Cram Panchayat is elected Sabhapati or Sahakari Sabhapati of a Panchayat Samiti, he shall cease to be the Pradhan of the Cram Panchayat, but shall, notwithstanding anything in section 94, continue to be a member of the Panchayat Samiti for the full term of his office as such Sabhapati or Sahakari Sabhapati thereof under sub-section (3) of this section or section 104, as the case may be.'.]]
(8) The Sabhapati and the Sahakari Sabhapati of a Panchayat Samiti shall be paid out of the Panchayat Samiti Fund such [remuneration]
[Word substituted for the word 'honoraria' by W.B. Act 17 of 1992.]
and allowances and shall be entitled to leave of absence for such period or periods and on such terms and conditions, as may be prescribed.
(9) [ Notwithstanding anything to the contrary contained in this Act, the State Government may, by an other in writing, remove a Sabhapati or a Sahakari Sabhapati from his office if, in its opinion, he holds any office of profit or carries on or is associated with any business, profession or calling in such manner that shall, or is likely to interfere with due exercise of his powers, performance of his functions or discharge of his duties:]
[Sub-Section (9) inserted by W.B. Act 17 of 1992.]
Provided that the State Government shall, before making any such order, give the person concerned an opportunity of making a representation against the proposed order.
### 99. [ Resignation of Sabhapati, Sahakari Sabhapati or a member.
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(1) The Sabhapati or the Sahakari Sabhapati or any other member of a Panchayat Samiti may resign his office by notifying in writing his intention to do so mentioning the reasons for his resignation and also his present postal address for further to the prescribed authority.
(2) On receipt of the letter under sub-section (1), the prescribed authority shall issue within three days a letter by registered post to the person tendering such resignation, requesting him to appear in person before the prescribed authority within seven days from the date of receipt of such letter for a hearing on the resignation tendered.
(3) During the hearing held under sub-section (2), the prescribed authority shall ascertain whether the resignation has been tendered under own volition of the person and also whether such person intends to withdraw his letter of resignation.
(4) The prescribed authority shall pass a reasoned order and either allow such person to withdraw in writing the letter of resignation instantly or accept the resignation tendered with immediate effect:
Provided that if such person does not appear in the hearing without any form of communication to the prescribed authority, the letter of resignation tendered by him shall be treated as wilful resignation and the prescribed authority shall accept it forthwith.
(5) When the resignation is accepted under sub-section (4), the relevant office shall stand vacated from the date of such acceptance and an intimation in writing shall be sent by the prescribed authority within next three working days to the Executive Officer of the Panchayat Samiti or in his absence to the person officiating in the post as well as to the person tendering resignation directing him to make over charges of his office within next five working days to the person as may be mentioned in the letter or if no person is so mentioned, to relinquish the charges within the aforesaid period in writing addressed to the Executive Officer with a copy endorsed to the prescribed authority and also to hand over to the Executive Officer or any other officer, so authorized by him, all documents, registers, seals and assets, owned by the Panchayat Samiti which are in his custody.
(6) The entire process of acceptance of resignation and intimating the person concerned shall be completed within thirty days from the date of receipt of such letter of resignation by the prescribed authority.]
### 100. Removal of member of Panchayat Samiti.
- The prescribed authority may, after giving opportunity to a member of a Panchayat Samiti [other then an ex officio member]
[Words inserted by W.B. Act 37 of 1984.]
to show cause against the action proposed to be taken against him, by order remove him from office -
(a) if after he becomes a member he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than six months; or
(b) if he was disqualified to be a member of the Panchayat Samiti at the time of his becoming a member; or
(c) if he incurs any of the disqualifications mentioned in clauses (b) to (g) of section 97 after his becoming a member of the Panchayat Samiti; or
(d) if he is absent from three consecutive meetings of the Panchayat Samiti without the [leave of the Panchayat Samiti:]
[Substituted 'leave of the Panchayat Samiti;' by Act No. 40 of 2017, dated 16.10.2017]
[\* \* \* \* \*]
[Words ',provided he is not an ex officio member of the Panchayat Samiti' omitted by W.B. Act 37 of 1984.]
; or
[Provided that a member of a Panchayat Samiti holding simultaneous membership of the House of the People or the Legislative Assembly, shall not be removed from the office, if he remains absent from three consecutive meetings of the Panchayat Samiti without the leave of the Panchayat Samiti;]
[Added by Act No. 40 of 2017, dated 16.10.2017]
(e) if he does not pay any arrear in respect of any tax, toll, fee or rate payable under this Act or the Bengal Village Self-government Act, 1919, or the West Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963.
(2) Any member of a Panchayat Samiti who is removed from his office by the prescribed authority under sub-section (1) may, within thirty days from the date of the order, appeal to such authority as the State Government may appoint in this behalf, and, thereupon, the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority, and after giving the appellant an opportunity of being heard, modify, set aside or confirm the order.
(3) The order passed by such authority on such appeal shall be final.
[\* \* \* \* \* \* \*] [[Sub-Section (4) omitted by W.B. Act 37 of 1984, which was as under:-
'(4) If an ex officio member of a Panchayat Samiti referred to In sub-clause (i) of clause (a) of sub-section (2) of section 94 is removed from office he shall cease to be the Pradhan of the Gram Panchayat concerned and a new Pradhan shall be elected by the Gram Panchayat in accordance with the provisions of this Act.'.]]
### 101. [ Motion of no Confidence or Removal of Sabhapati or Sahakari Sabhapati.
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(1) Subject to other provisions of this section the Sabhapati or Sahakari Sabhapati of a Panchayat Samiti may, at any time, be removed from his office by the majority of the existing members of the Panchayat Samiti, referred to in clause (ii) of sub-section (2) of section 94, expressing their lack of confidence against the Sabhapati or the Sahakari Sabhapati or recording their decision to remove the Sabhapati or the Sahakari Sabhapati, at a meeting specially convened for the purpose.
(2) For the purpose of removal of the Sabhapati or the Sahakari Sabhapati, one-third of the existing members referred to in sub-section (1) shall sign a motion in writing expressing their lack of confidence against the Sabhapati or the Sahakari Sabhapati or recording their intention to remove the Sabhapati or the Sahakari Sabhapati, indicating party affiliation or independent status of each of such members and either deliver the motion in person through any of the members or send it by registered post to the prescribed authority; one copy of the motion shall be delivered to the concerned office bearer either by hand or by registered post at the Panchayat Samiti office and another copy shall be sent by registered post at his residential address.
(3) The prescribed authority on receipt of the motion shall satisfy himself that it conforms to the requirements of sub-section (2) and on his satisfaction shall specially convene, by issue of notice, within five working days of the receipt of the motion, a meeting of the Panchayat Samiti to be held in its office fixing date and hour of the meeting and sending such notice at least before clear seven days to each of its existing members for consideration of the motion and for taking a decision on it.
(4) The meeting referred to in sub-section (3) shall be held on a working day which shall not be later than fifteen working days from the date of receipt of the motion by the prescribed authority and the meeting so convened shall not be adjourned or cancelled except in pursuance of an order or direction of a competent court or for any other reason beyond control of the prescribed authority.
(5) Such meeting shall be presided over by an officer, as may be authorized by the prescribed authority, in the manner as may be directed by order by the State Government or as may be prescribed and the presiding officer before commencement of the meeting shall ensure that notice has been duly served to every member in the manner laid down in this behalf; quorum required for such meeting shall be more than fifty percent of the existing members referred to in sub-section (1) and the presiding officer shall not be entitled to vote at the meeting although he may advise on one or more points of law without expressing his own views.
(6) If there is no consensus decision in the meeting, voting shall be held by open ballot wherein each participating member shall put his full signature or his left thumb impression to be attested by the leader, referred to in section 213A, of the same political party to which the member belongs or by the said presiding officer on the reverse side of the ballot paper.
(7) The minutes of the meeting shall be written by the Secretary or in his absence, by any other official as authorized by the presiding officer. Such minutes shall record in brief names of the members present, the procedure followed, names of the members who voted for or against the motion and the decision adopted unanimously or by the majority of its existing members and shall be signed by him as well as by the presiding officer.
(8) After the minutes of the meeting is signed by the presiding officer, it shall be read over to all the attending members who shall thereafter put their signatures or left thumb impressions as the case may be on the minutes in confirmation of the proceedings recorded. Then the presiding officer shall again put his signature on the same document after recording the names of members, if any, who have declined to sign or left earlier and thereafter he shall collect a copy of the minutes before leaving the premises.
(9) (a)
The Executive Officer or in his absence, the Joint Executive Officer of the Panchayat Samiti shall, within three working days of the meeting, deliver the copy of the minutes of the meeting to the prescribed authority.
(b) The presiding officer shall also submit a separate report in writing alongwith a copy of the minutes of the meeting within the aforesaid time to the prescribed authority.
(10) On receipt of the minutes of the meeting and the report under subsection (9), the prescribed authority shall take such action as he may deem fit within next five working days and the entire process commencing from submission of motion to the prescribed authority upto the action finally taken by him shall be completed within thirty days.
(11) If the motion is not carried by the majority of its existing members or the meeting cannot be held for want of quorum, no notice of any subsequent motion for the removal of the same office bearer shall be taken into cognizance within a period of one year from the date appointed for such meeting.
(12) Notwithstanding anything contained in sub-section (1), no meeting for removal of the Sabhapati or the Sahakari Sabhapati under this section shall be convened within a period of one year from the date of election of the Sabhapati or the Sahakari Sabhapati either at the first meeting following reconstitution of Panchayat Samiti or for filling a casual vacancy in the said office.]
### 102. Filling of casual vacancy in the office of Sabhapati or Sahakari Sabhapati.
- In the event of removal of Sabhapati or a Sahakari Sabhapati under section 101 or when a vacancy occurs in the office of a Sabhapati or a Sahakari Sabhapati by resignation, death or otherwise, the Panchayat Samiti shall elect another Sabhapati or Sahakari Sabhapati in the prescribed manner.
### 103. Filling of casual vacancy in the office of a member of Panchayat Samiti.
- If the office of a member of a Panchayat Samiti becomes vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled in the prescribed manner.
### 104. Term of office of Sabhapati, Sahakari Sabhapati or member filling casual vacancy.
- Every Sabhapati or Sahakari Sabhapati elected under section 102 and a person who becomes a member under section 103 to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the person in whose place he becomes a member.
### 105. Meetings of Panchayat Samiti.
(1) Every Panchayat Samiti shall hold a meeting [in its office at least once in every three months on such date and at such hour as the Panchayat Samiti may fix at the immediately preceding meeting:]
[Words 'in the office of the Block Development Officer concerned at least once in a month at such time' first substituted for the words 'at least once in a month at such time and at such place within the local limits of the Block concerned' by W.B. Act 58 of 1978, then the words within third brackets substituted for the words 'in the office of the Block Development Officer concerned at least once in a month at such time as the Panchayat Samiti may fix at the immediately preceding meeting;' by W.B. Act 37 of 1984.]
Provided that the first meeting of a newly-constituted Panchayat Samiti shall be held [on such date and at such hour and at such place within the local limits of the Block concerned]
[Words 'in the office of the Block Development Officer concerned at such time' first substituted for the words 'at such time and at such place within the local limits of the Block concerned' by W.B. Act 58 of 1978, then the words within third brackets substituted for the words 'in the office of the Block Development Officer concerned at such time' by W.B. Act 37 of 1984.]
as the prescribed authority may fix:
Provided further that the Sabhapati when required in writing by one-fifth of the members of the Panchayat Samiti to call a meeting [shall do so fixing the date and hour of meeting]
[Words substituted for the words 'shall do within seven days' by W.B. Act 37 of 1984.]
[to be held within fifteen days after giving intimation to the prescribed authority and seven days' notice to the members of the Panchayat Samiti]
[Words inserted by W.B. Act 15 of 1997.]
failing which [the members aforesaid may call a meeting]
[Words substituted for the words 'the members aforesaid may call a meeting' by W.B. Act 17 of 1992.]
[to be held within thirty-five days]
[Words inserted by W.B. Act 15 of 1997.]
after giving intimation to the prescribed authority and seven clear days' notice to the Sabhapati and the other members of the Panchayat Samiti. Such meeting shall be held [in the office of the Panchayat Samiti on such date and at such hour]
[Words substituted for the words 'at such place within the local limits of the Block concerned' by W.B. Act 37 of 1984.]
as the members calling the meeting may decide. [The prescribed authority may appoint an observer for such meeting who shall submit to the prescribed authority a report in writing duly signed by him within a week of the meeting on the proceedings of the meeting. The prescribed authority shall, on receipt of the report, take such action thereon as it may deem fit:]
[Words inserted by W.B. Act 37 of 1984.]
[\*\*\*]
[Omitted 'Provided also that for the purpose of convening a meeting under section 101, at least one-fifth of the members referred to in clause (ii) of sub-section (2) of section 94 shall require the Sabhapati to convene the meeting' by W.B. Act 8 of 2010, dated 13.5.2010.]
[Provided also that if the Panchayat Samiti does not fix at any meeting the date and hour of the next meeting or if any meeting of the Panchayat Samiti is not held on the date and hour fixed at the immediately preceding meeting, the Sabhapati shall call a meeting of the Panchayat Samiti on such date and at such hour as he thinks fit]
[Proviso inserted by W.B. Act 37 of 1984.]
.
(2) The Sabhapati or in his absence the Sahakari Sabhapati shall preside at the meeting of the Panchayat Samiti and in the absence of both [or on the refusal of any or both to preside at a meeting]
[Words inserted by W.B. Act 2 of 1995. w.e.f. 28.12.1994.]
, the members present shall elect one of them to be the President of the meeting.
(3) One-fourth of the total number of members shall form a quorum for a meeting of a Panchayat Samiti:
Provided that no quorum shall be necessary for an adjourned meeting.
(4) All questions coming before a Panchayat Samiti shall be decided by a majority of votes:
Provided that in case of equality of votes the person presiding shall have a second or casting vote:
[Provided further that in case of a requisitioned meeting the person presiding shall have no second or casting vote.]
[Substituted by W.B. Act 8 of 2010, dated 13.5.2010.]
.
### 106. List of business to be transacted at a meeting.
- A list of the business to be transacted at every meeting of a Panchayat Samiti, except at an adjourned meeting, shall be sent to each member of the Panchayat Samiti in the manner prescribed, at least seven days before the time fixed for such meeting and no business shall be brought before or transacted at any meeting, other than the business of which notice has been so given except with the approval of the majority of the members present at such meeting:
Provided that if the Sabhapati thinks that a situation has arisen for which an emergent meeting of the Panchayat Samiti should be called, he may call such meeting after giving three days' notice to the members:
Provided further that not more than one matter shall be included in the list of business to be transacted at such meeting.
### 107. Report on the work of Panchayat Samiti.
- The Panchayat Samiti shall prepare in the prescribed manner a report on the work done during the previous year and the work proposed to be done during the following year and submit it to the prescribed authority and to the Zilla Parishad concerned within the prescribed time.
### 108. Block Development Officer to attend meeting.
- The Block Development Officer shall attend meetings of the Panchayat Samiti and shall participate in the deliberations thereof.
Chapter IX
Powers and duties of Panchayat Samiti
-----------------------------------------------------
### 109. Power of Panchayat Samiti.
(1) A Panchayat Samiti shall function as a unit of self-government and, in order to achieve economic development and secure social justice for all, shall prepare -
[(i) a development plan for the five-year term of the office of the members, and
(ii) an annual plan for each year by the month of January of the proceeding year,
in furtherance of its objective of development of the community as a whole and socio-economic upliftment of the individual members of the community and, without prejudice to the generality of the above provisions, shall have power to -]
[Words, figures and brackets substituted for the words 'A Panchayat Samiti shall have power to -' by W.B. Act 18 of 1994.]
(a) [(i) undertake schemes or adopt measures, including the giving of financial assistance, relating to the development of agriculture, fisheries, live-stock, khadi, cottage and small-scale industries, cooperative movement, rural credit, water-supply, irrigation and minor irrigation including water management and watershed development, public health and sanitation including establishment and maintenance of dispensaries and hospitals, communication, primary and secondary education, adult and non-formal education, welfare of students, social forestry and farm forestry including fuel and fodder, rural electrification including distribution, non- conventional energy sources, women and child development, social welfare and other objects of general public utility;] [[Clause (i) substituted by W.B. Act 18 of 1994, which was earlier as under:-
'(1) undertake schemes or adopt measures. Including the giving of financial assistance relating to the development of agriculture, livestock, cottage industries, co-operative movement, rural credit, water-supply, irrigation, public health and sanitation including establishment of dispensaries and hospitals, communication, primary or adult education including welfare of students, social welfare and other objects of general public utility;'.]]
(ii) undertake execution of any scheme, performance of any act, or management of any institution or organisation entrusted to it by the State Government or any other authority;
[Provided that without prejudice to the terms and conditions laid down in the guidelines relating to a poverty alleviation programme in which beneficiaries are selected not on the basis of entitlement or demand but using discretion of the Panchayat body concerned, the implementing agency shall take steps to esure that as nearly as possible three percent of the total number of beneficiaries for such programme shall constitute people with any form of disability.]
[Added by W.B. Act 8 of 2010, dated 13.5.2010.]
(iii) manage or maintain any work of public utility or any institution vested in it or under its control and management;
(iv) make grants-in-aid of any school, public institution or public welfare organisation within the Block;
(b) make grants to the Zilla Parishad [or Mahakuma Parishad or Council]
[Words inserted by W.B. Act 20 of 1988.]
or Gram Panchayats;
(c) contribute with the approval of the State Government such sum or sums as it may decide, towards the cost of water-supply or anti-epidemic measures undertaken by a municipality within the Block;
(d) adopt measures for the relief of distress;
(e) co-ordinate and integrate the development plans and schemes prepared by Gram Panchayats in the Block, if and when necessary;
[\* \* \* \* \*] [[Clause (f) omitted by W.B. Act 18 of 1994, which was earlier as under:-
'(f) examine and sanction the budget estimates of Gram Panchayats in the Block.'.]]
(2) Notwithstanding anything in sub-section (1), a Panchayat Samiti shall not undertake or execute any scheme confined to an area over which a Gram Panchayat has jurisdiction unless the Gram Panchayat is of opinion that the implementation of such a scheme is beyond its competence financially or otherwise and passes a resolution to that effect. In the latter case the Panchayat Samiti may execute the scheme itself or entrust its execution to the Gram Panchayat and give such assistance as may be required :
[Provided that a Panchayat Samiti may undertake or execute any scheme referred to in sub-clause (ii) of clause (a) of sub-section (1) confined to an area over which a Gram Panchayat has jurisdiction]
[Proviso inserted by W.B. Act 37 of 1984.]
.
(3) A Panchayat Samiti may undertake or execute any scheme if it extends to more than one Gram.
### 110. State Government may place other property under Panchayat Samiti.
- The State Government may, from time to time, with the consent of a Panchayat Samiti place any road, bridge, ferry, channel, building or other property vested in the State Government and situated within the Block under the control and management of the Panchayat Samiti subject to such conditions as it may specify:
Provided that the State Government may, after considering the views of the Panchayat Samiti, withdraw such control and management to itself subject to such conditions as it may specify.
### 111. Power of Panchayat Samiti to transfer roads or properties to the State Government or the Zilla Parishad [or a Gram Panchayat]
[Words inserted by W.B. Act 37 of 1984.]
.
- A Panchayat Samiti may transfer to the State Government or to the Zilla Parishad [or Mahakuma Parishad or Council]
[Words inserted by W.B. Act 20 of 1988.]
[or to a Gram Panchayat]
[Words inserted by W.B. Act 37 of 1984.]
any road or part of a road or any other property, which is under its control on management, or which is vested in it, on such terms and conditions as may be agreed upon.
### 112. Panchayat Samiti may take over works.
- A Panchayat Samiti may take over the maintenance and control of any road, bridge, tank, ghat, well, channel or drain, belonging to a private owner or any other authority on such terms as may be agreed upon.
### 113. Power of Panchayat Samiti to divert, discontinue or close road.
- A Panchayat Samiti may divert, discontinue or close temporarily any road, which is under its control and management or is vested in it, and may, with the approval of the State Government, close any such road permanently.
### 114. Vesting Panchayat Samiti with certain powers.
(1) A Panchayat Samiti may be vested by the State Government with such powers under any local or special Act as the State Government may think fit.
(2) A Panchayat Samiti shall perform such functions as may be transferred to it by notification under section 31 of the Cattle-trespass Act, 1871.
(3) A Panchayat Samiti shall exercise such other powers, perform such other functions or discharge such other duties as the State Government may, by general or special order, direct.
### 114A. [ Development Plan in respect of any area of Panchayat Samiti.
[Section 114A inserted by W.B. Act 17 of 1992.]
- [(1) Without prejudice to generality of the power under section 114 and notwithstanding anything contained in sections 23, 24 and 25, the State Government may, in the public interest, declare, by notification, its intention to prepare and publish a Development Plan in respect of an area within the jurisdiction of a Panchayat Samiti in accordance with such procedure as may be prescribed or in accordance with the provisions of any other law for the time being in force and, upon the issue of such notification, no new structure or new building shall be erected or constructed or no addition to any structure or building shall be made in such area except with the permission granted by the Panchayat Samiti or any authority, person or persons as may be empowered by the Panchayat Samiti in this behalf and except in accordance with such specifications and conditions as may be prepared and published by the Panchayat Samiti, or such authority, person or persons, as the case may be.]
[Proviso that where the State Government or an authority or agency under the State Government intends to set up or has set up an industrial estate or industrial park within the jurisdiction of a Gram Panchayat, permission for erection of any structure or building for setting up an industry within such industrial estate or industrial park, shall be obtained from such authority or industrial development authority or corporation as the State Government may by notification specify.]
[Inserted by Act No. 8 of 2015.]
(2) Upon the publication of a Development Plan under sub-section (1), [the provisions of sections 23, 24 and 25]
[Words and figures substituted for the words and figures 'the provisions of section 23' by W.B. Act 18 of 1994.]
shall cease to be in force in the area referred to in sub-section (1) .
(3) The State Government may, by order, direct the Panchayat Samiti to make such contribution and grant to one or more Gram Panchayats out of the tolls, rates and fees levied by it under section 133 as may be specified in the order.
(4) The State Government may, by order, authorise any officer to render advice, technical or otherwise, to the Panchayat Samiti on the performance of its functions and discharge of its duties under this section and, on receipt of such advice, the Panchayat Samiti shall give due consideration to such advice in a meeting specially convened for the purpose within a period of two months from the date of receipt of such advice.
(5) Where any new structure or new building is erected or constructed or any addition to any structure or building is made in contravention of the provisions of sub-section (1), the Panchayat Samiti may, after giving the owner of such structure or building, as the case may be, an opportunity of being heard, made an order directing the demolition of the structure or the building, as the case may be, by the owner within such period as may be specified in the order and, in default, the Panchayat Samiti may itself effect the demolition and recover the cost thereof from the owner as a public demand.
(6) Without prejudice to the provisions of sub-section (5), whoever erects any new structure or constructs any new building or makes any addition to any structure or building in contravention of the provisions of sub-section (1), shall, on conviction by a Court, be punishable with fine not exceeding, in each case, one hundred rupees per square metre per month for the area comprising the unauthorised erection or construction or addition, as the case may be, for the period during which such contravention continues, subject to a maximum of two thousand rupees in each such case.
[\* \* \* \* \* \*] [[Sub-Section (7) omitted by W.B. Act 18 of 1994, which was as under:-
'(7) Where the Panchayat Samiti, in exercise of its functions and powers with respect to any area under it, is required to have regard to the provisions of Development Plan before such Development Plan has become operative, the concerned Panchayat Samiti shall have regard to the provisions which, in its opinion, will be required to be included for securing the proper planning of the concerned area.'.]]
(8) If it appears to the Panchayat Samiti [or the authority, person or persons empowered under sub-section (1)]
[Words, figure and brackets inserted by W.B. Act 18 of 1994.]
that it is expedient in the interest of the proper planning of its areas (including the interest or amenities), having regard to the Development Plan prepared, or under preparation, or to be prepared, and to any other material consideration, -
(a) that any use of land should be discontinued, or
(b) that any conditions should be imposed on the continuance thereto, or
(c) that any building or works should be altered or removed, [the Panchayat Samiti or the authority, person or persons as aforesaid may]
[Words substituted for the words 'the Panchayat Samiti may' by W.B. Act 18 of 1994.]
by notice served on the owner -
(i) require discontinuance of that use, or
(ii) impose such conditions as may be specified in the notice on the continuance thereof, or
(iii) require such steps, as may be specified in the notice, to be taken for the alteration or removal of any buildings or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice.
(9) Any person aggrieved by any such notice may, within the period specified in the notice, apply to the authority for the cancellation or modification of the notice.
(10) If an application is filed under sub-section (9), the authority or any officer of the authority, appointed in this behalf, may dismiss the application or accept it by quashing or varying the notice as he may think fit.
(11) If any person -
(a) who has suffered damage in consequence of the compliance with the notice, by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, or
(b) who has carried out any work in compliance of the notice,
claims from the Panchayat Samiti [or the authority, person or persons empowered under sub-section (1) ]
[Words, figure and brackets inserted by W.B. Act 18 of 1994.]
within the time and in the manner prescribed, for an amount in respect of that damage of of any expenses reasonably incurred by him for complying with the notice, the claim shall he disposed of by the Panchayat Samiti [or the authority, person or person empowered under sub-section (1) ]
[Words, figure and brackets inserted by W.B. Act 18 of 1994.]
in the manner as prescribed.
(12) After publication of Development Plan under sub-section (1) and subject to the provisions relating to the development charge and other provisions under this section, no development, institution or change of use of any land shall be undertaken or carried out in that area without obtaining a certificate from the Panchayat Samiti or its authorised officer certifying that the development charge as leviable under this section has been paid or that no such development charge is leviable:
Provided that the State Government may, by notification, exempt any development, institution or change of use of any land from the operation of the provisions of this sub-section.
(13) Any person or body (excluding a department of the Central or the State Government or any local authority) intending to carry any development on any land shall make an application in writing to the Panchayat Samiti or an officer authorised by it for permission in such from and containing such particulars and accompanied by such documents and plans as may be prescribed.
(14) On such application having been duly made and on payment of the development charge as may be assessed, the Panchayat Samiti or the authorised officer may pass an order, -
(i) granting permission unconditionally; or
(ii) granting permission, subject to such conditions as it may think fit; or
(iii) refusing permission:
Provided that without prejudice to generality of clauses (i) to (iii) of this sub-section, the concerned authority may impose conditions -
(i) to the effect that the permission granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of the land permitted shall be discontinued;
(ii) for regulating the development or use of any other land under the control of the applicant or for the carrying out of works on any such land as may appear to the authority expedient for the purpose of the permitted development:
Provided further that the concerned authority in dealing with the applications for permission shall have regard to the provisions of the Development Plan prepared, under preparation or to be prepared and any other material consideration:
Provided also that when permission is granted subject to conditions or is refused, the grounds of imposing such conditions or such refusal shall be recorded in the order and the order shall be communicated to the applicant:
Provided also that in the case of a department of the Central or the State Government or any local authority intending to carry out any development, other than operational construction (which shall always be outside the purview of the Panchayat Samiti), on any land, the concerned department or authority, as the case may be, shall notify in writing to the Panchayat Samiti of its intention to do so, giving full particulars thereof and accompanied by such documents and plans as may be directed by the State Government from time to time, at least, one month prior to the undertaking of such development.
(15) In accordance with the provisions of this section and the rules made thereunder and subject to such conditions [as may be laid down by the Panchayat Samiti, or the authority, person or persons empowered under sub-section (1)]
[Words, figure and brackets substituted for the words, figure and brackets 'as may be laid down In the notification under sub-section (1) ' by W.B. Act 18 of 1994.]
a Panchayat Samiti, shall levy a charge (hereinafter called the development charge) on the carrying out of any development or change of use of land, for which permission is required under this section, in the whole or any part of the area covered by the notification under sub-section (1) at a rate not exceeding those specified in the rules in this behalf by the State Government:
Provided that the rates may be different for different parts of the area under notification under sub-section (1) :
Provided further that the charge shall be leviable on any person who undertakes or carries out such development or changes any such use:
Provided also that no development charge shall be levied on development, or change of use, of any land vested in or under the control or possession of the Central Government, the State Government or any local authority:
Provided also that the State Government may, by rules, provide for the exemption from the levy of development charge of any development or change of any use of any land specified in the rules.
(16) Where the erection of any building or the execution of any work has been commenced, or is being carried on, or has been completed without or contrary to the permission under sub-section (1) or in contravention of any other provision of this section or the rules made thereunder, the Panchayat Samiti, or any officer authorised in this behalf by the Panchayat Samiti, may, in addition to any other action that may be taker, under this section, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or the work has been commenced or is being carried on or has been completed within such period, not being less than five days and more than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to such person, as may be specified in the order:
Provided that no order of demolition shall be made unless such person has been given, by means of a notice served in such manner as may be prescribed, a reasonable opportunity of showing cause why such order shall not be made:
Provided further that where the erection or the execution has not been completed, the Panchayat Samiti or the authorised officer may by the same order or by a separate order, whether made at the time of issue of the notice under the first proviso at any other time, direct such person to stop the erection or the execution until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred:
Provided also that any person aggrieved by such order of the Panchayat Samiti or its authorised officer may, within thirty days from the date of the order, prefer an appeal against the order to the Sub-divisional Officer having jurisdiction and when an appeal is preferred, the said Sub-divisional Officer may stay the enforcement of the order on such term as he may think fit:
Provided also that every order made by the Sub-divisional Officer on an appeal and, subject to such order, the order made by the Panchayat Samiti or its authorised officer shall be final and conclusive:
Provided also that where no appeal has been preferred against an order made by the Panchayat Samiti or its authorised officer or where an order has been confirmed on appeal, whether with or without modification, the person against whom the order has been made shall comply with the order within the period specified therein or, as the case may be, within the period, if any, fixed by the Sub-divisional Officer on appeal, and on the failure of such person to comply with the order within such period, the Panchayat Samiti, or its authorised officer may itself or himself cause the building or the work to which the order relates to be demolished and the expenses for such demolition shall be recoverable from such person as a public demand.
(17) The Panchayat Samiti or its authorised officer may, at any time before the issue of the order under sub-section (16), by order, require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith.
(18) The Panchayat Samiti or its authorised officer may, at any time during the erection of any building or the execution of any work or at any time within three months after the completion thereof, by a written notice, specify any matter in respect of which such erection or execution is without or contrary to this section or is in contravention of any of the provisions of this section or the rules made thereunder and require the person at whose instance the building or the work has been commenced or is being carried on or the owner of such building or work either -
(a) to make such alterations as may be specified by the Panchayat Samiti or its authorised officer in the notice with the object of bringing the building or the work in conformity with such sanction or such provisions of this section or the rules made thereunder, or
(b) to show cause, within such period as may be stated in the notice, why such alterations should not be made:
Provided that if such person or such owner does not show any cause as aforesaid, he shall be bound to make the alteration specified in the notice:
Provided further that if such person or such owner shows the cause as aforesaid, the Panchayat Samiti or its authorised officer shall, by an order, either cancel the notice issued or confirm the same subject to such modification as he thinks fit.]
### 115. Powers of supervision by Panchayat Samiti over the Gram Panchayat, etc.
- [(1) A Panchayat Samiti shall exercise general powers of supervision over Gram Panchayats in the Block and it shall be the duty of these authorities to give effect to the directions of the Panchayat Samiti]
[Section 115 renumbered as sub-section (1) of that Section by W.B. Act 37 of 1984.]
[\* \* \* \* \*]
[Words 'on matters of policy or planning for development' omitted by W.B. Act 37 of 1984.]
(2) A Panchayat Samiti may -
[(a) inspect, or cause to be inspected, any immovable property used or occupied by a Gram Panchayat within the Block or any work in progress under the direction of a Gram Panchayat,
(b) inspect or examine, or depute an officer to inspect or examine, any department of the Gram Panchayat, or any service, work or thing under the control of the Gram Panchayat,
(c) inspect or cause to be inspected utilisation of funds in respect of schemes or programmes assigned to the Gram Panchayats by the State Government for execution either directly or through the Zilla Parishad [or the Mahakuma Parishad or the Council] or the Panchayat Samiti,
(d) require a Gram Panchayat, for the purpose of inspection or examination, -
(i) to produce any book, record, correspondence or other documents, or
(ii) to furnish any return, plan, estimate, statement accounts or statistics, or
(iii) to furnish or obtain any report or information.]
### 115A. Block Sansad and its constitution.
[Section 115A inserted by W.B. Act
[8 of 2003
.]
(1) Every Panchayat Samiti shall have a Block Sansad consisting of all members of the Gram Panchayat pertaining to the Block and all members of that Panchayat Samiti.
(2) Every Panchayat Samiti shall hold an annual and a half-yearly meeting of such Block Sansad at such time and place and in such manner, as may be prescribed.
(3) One-tenth of the total number of members shall form a quorum for a meeting of Block Sansad :
Provided that if no quorum is available for such meeting, the meeting shall be adjourned to be held at the same time and place on the seventh day from the date of such meeting in the manner as may be prescribed.
(4) A meeting of the Block Sansad shall be presided over by the Sabhapati and in his absence by the Sahakari Sabhapati of the Panchayat Samiti.
(5) The Block Sansad shall guide and advise the Panchayat Samiti for all matters relating to development including preparation of annual plan and budget, implementation of development programmes, schemes, or projects and for undertaking such activities for economic development and for ensuring social justice as are undertaken or proposed to be undertaken by the Panchayat Samiti:
Provided that for such guidance and advice, any member of the Block Sansad on receipt of the notice for any such meeting, may demand in writing to the Executive Officer for placement of any document such as last report on inspection of accounts of the funds of the Panchayat Samiti by the Audit team, budget, Annual Action Plan and on receipt of such demand the Executive Officer with the consent of the Sabhapati, shall place such documents in the meeting for deliberation:
Provided further that the deliberations, recommendation and observations passed in the meeting of the Block Sansad, shall be considered in the meeting of the Panchayat Samiti as soon as possible within one month from the date of the meeting of the Block Sansad and the decision of the Panchayat Samiti along with the action taken report shall be placed in the next meeting of the Block Sansad.]
[Sub-Section (2) inserted by W.B. Act 37 of 1984.]
### 116. Powers to prohibit certain [of special nature]
[Substituted 'offensive and dangerous' by Act No. 8 of 2015.]
trades without licence and to levy fee.
(1) No place within a Block shall be used for any trade or business declared by the State Government, by notification, to be [of special nature]
[Substituted 'offensive or dangerous' by Act No. 8 of 2015.]
, without a [certificate of registration]
[Substituted 'licence' by Act No. 8 of 2015.]
, which shall be renewable, [annually or after every three years depending on the nature of trad]
[Substituted by Act No. 8 of 2015.]
, granted by the Panchayat Samiti, subject to such terms and conditions as the Panchayat Samiti may think fit to impose.
(2) The Panchayat Samiti may levy in respect of any [certificate of registration]
[Substituted 'licence' by Act No. 8 of 2015.]
granted by it under sub-section (1) a fee subject to the maximum rate prescribed by the State Government under sub-section (1) of section 133.
(3) Whoever uses without a [certificate of registration]
[Substituted 'licence' by Act No. 8 of 2015.]
any place for the purpose of any trade or business declared under sub-section (1) to be [of special nature]
[Substituted 'offensive or dangerous' by Act No. 8 of 2015.]
, or fails to comply with any condition in respect of such [certificate of registration]
[Substituted 'licence' by Act No. 8 of 2015.]
, shall [on conviction a Magistrate,]
[Words inserted by W.B. Act 37 of 1984.]
be punished with a fine, which may extend to one hundred rupees, and to a further fine, which may extend to twenty-five rupees for each day after conviction during which he continues to do so.
(4) The Panchayat Samiti may, upon the conviction of any person for failure to comply with any condition of a [certificate of registration]
[Substituted 'licence' by Act No. 8 of 2015.]
granted under sub-section (1) , suspend or cancel the [certificate of registration]
[Substituted 'licence' by Act No. 8 of 2015.]
granted in favour of such person.
### 117. Power of Panchayat Samiti to grant licence for hat or market.
- A Panchayat Samiti may require the owner or the lessee of a hat or market or an owner or a lessee of land intending to establish a hat or market thereon, to obtain a licence in this behalf from the Panchayat Samiti on such terms and conditions as may be prescribed and subject to the provisions of section 133, on payment of a fee for such licence.
### 118. Powers, functions and duties of Sabhapati and Sahakari Sabhapati.
(1) The Sabhapati shall -
(a) be responsible for maintenance of the records of the Panchayat Samiti;
(b) have general responsibility for the financial and executive administration of the Panchayat Samiti;
(c) exercise administrative supervision and control over the work of the staff of the Panchayat Samiti and the officers and employees whose services may be placed at the disposal of the Panchayat Samiti by the State Government;
(d) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Panchayat Samiti under this Act or the rules made thereunder:
Provided that the Sabhapati shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged by the Panchayat Samiti at a meeting;
(e) exercise such other powers, perform such other functions and discharge such other duties as the Panchayat Samiti may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.
[Explanation. - For the purpose of discharge of responsibility and exercise of administrative supervision and control, the Sabhapati shall rely on the Executive Officer referred to in section 119 and shall generally act through him.]
['Explanation.' inserted by W.B. Act 15 of 1997.]
(2) The Sahakari Sabhapati shall -
(a) exercise such of the powers, perform such of the functions and discharge such of the duties of the Sabhapati as the Sabhapati may, from time to time, subject to rules made in this behalf by the State Government, delegate to him by order in writing:
Provided that the Sabhapati may at any time withdraw the powers and functions delegated to the Sahakari Sabhapati;
(b) during the absence of the Sabhapati, exercise all the powers, perform all the functions and discharge all the duties of the Sabhapati;
(c) [ exercise such other powers, perform such other functions and discharge such other duties as the Panchayat Samiti may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.]
[Clause (c) inserted by W.B. Act 37 of 1984.]
Chapter X
Establishment of the Panchayat Samiti
----------------------------------------------------
### 119. Staff of the Panchayat Samiti.
- [(1) (a) There shall be an Executive Officer for every Panchayat Samiti and the Block Development Officer shall be such Executive Officer ex officio.
(b) If a Panchayat Samitit is of the opinion that its Executive Officer is consistently failing in discharging his duties and responsibilities in accordance with law, it may pass a resolution in a meeting specially convened for the purpose, supported by the majority of the existing members referred to in sub-section (2) of section 94 and shall bring the matter to the District Magistrate with a request to take appropriate remedial measures within one month from the date of communication of such resolution.
(c) If the Panchayat Samiti feels that no action has been taken by the District Magistrate to remedy the situation or the action so far taken has not improved the situation within the next two months, the Panchayat Samiti may, at a meeting specially convened for the purpose, adopt a resolution supported by the majority of the existing members referred to in clause (b) to recall the Executive Officer adducing the reasons for such decision of the Pachayat Samiti and such resolution shall be sent to the State Government with a copy to the District Magistrate.
(d) On receipt of the resolution under clause (c), the State Government shall enquire into the circumstances and satisfy itself about the justification of such resolution before recallinf such officer:
Provided that if after enquiry the State Government is not satisfied about the propriety of recalling such officer, it may initiate procedure under section 209 to rescind the resolution.]
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(1A)
[ There shall be a Joint Executive Officer for every Panchayat Samiti and the Joint Block Development Officer of the Block shall be the ex officio Joint Executive Officer.]
Sub-Section (1A) renumbered as sub-Section (1B) and new sub-Section (1A) inserted by W.B. Act
[8 of 2003
.]
(1B)
[ There shall be a Secretary for every Panchayat Samiti and the Extension Officer, Panchayats shall be the ex officio Secretary.]
Sub-Section (1A) renumbered as sub-Section (1B) and new sub-section (1A) inserted by W.B. Act
[8 of 2003
.]
(2) [Subject to such rules as may be made by the State Government, a Panchayat Samiti]
[Words substituted for the words 'A Panchayat Samiti' by W.B. Act 37 of 1984.]
may appoint such other officers and employees as may be required by it and may fix the salaries to be paid to the persons so appointed:
Provided that no post shall be created or abolished and no revision of the scale of pay of any post shall be made by the Panchayat Samiti without the prior approval of the State Government:
[Provided further that subject to the decision of the Panchayat Samiti, the orders relating to appointment and other service matters concerning any post under the Panchayat Samiti]
[Proviso inserted by W.B. Act 15 of 1997.]
[shall be signed by, and be issued by or on behalf of, the Executive Officer.]
Words substituted for the words 'shall be issued by or on behalf of the Executive Officer.' by W.B. Act
[8 of 2003
.]
(3) [ The State Government shall make rules relating to the method of recruitment and the terms and conditions of service including the pay and allowances, superannuation, provident fund and gratuity of the employees of the Panchayat Samiti.]
[Sub-Section (3) inserted by W.B. Act 37 of 1984.]
### 120. Placing the services of State Government officers at the disposal of the Panchayat Samiti.
- The State Government may place at the disposal of the Panchayat Samiti the services of such officers or other employees serving under it [and on such terms and conditions]
[Words inserted by W.B. Act 37 of 1984.]
as it may think fit:
Provided that any such officer or employee shall be recalled by the State Government if a resolution to that effect is passed by the Panchayat Samiti, at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being:
Provided further that the State Government shall have disciplinary control over such officers and employees.
### 121. Control and punishment of the staff of the Panchayat Samiti.
(1) The Executive Officer shall exercise general control over all officers and employees of the Panchayat Samiti.
(2) The Executive Officer may award any punishment other than dismissal, removal or reduction in rank to an officer or employee [of a Panchayat Samiti.]
[Words substituted for the words 'holding a post carrying a monthly salary of less than rupees two hundred' by W.B. Act 37 of 1984.]
(3) The Executive Officer may recommend the dismissal, removal or reduction in rank of an officer or employee [of a Panchayat Samiti]
[Words substituted for the words 'holding a post carrying a monthly salary of less than two hundred rupees' by W.B. Act 37 of 1984.]
to the [Artha, Sanstha, Unnayan O Parikalpana]
[Words substituted for the words 'Artha O Sanstha' by W.B. Act 37 of 1984.]
Sthayee Samiti and such Samiti shall forward the case to the Panchayat Samiti with its own recommendation. The Panchayat Samiti may, if it is satisfied with such recommendation of the [Artha, Sanstha, Unnayan O Parikalpana]
[Words substituted for the words 'Artha O Sanstha' by W.B. Act 37 of 1984.]
Sthayee Samiti, dismiss, remove or reduce in rank any such officer or employee.
(4) No officer or other employee [of a Panchayat Samiti]
[Words substituted for the words 'holding a post carrying a monthly salary of two hundred rupees or more' by W.B. Act 37 of 1984.]
shall be punished by the Panchayat Samiti except by a resolution of the Panchayat Samiti passed at a meeting.
### 122. Appeal.
(1) An appeal shall lie to the Panchayat Samiti against an order of punishment awarded by the Executive Officer under sub-section (2) of section 121 within one month from the date of that order.
(2) An appeal shall lie to the Divisional Commissioner against an order of punishment awarded by the Panchayat Samiti under sub-section (3) or (4) of section 121 within one month from the date of that order.
### 123. Exercise of powers, etc., by the officers and employees.
- Subject to the provisions of this Act, the rules framed thereunder and to any general or special directions given by the State Government in that behalf the officers and other employees employed by the Panchayat Samiti and the officers and other employees whose services have been placed at the disposal of the Panchayat Samiti shall exercise such powers, perform such functions and discharge such duties as the Panchayat Samiti may determine.
Chapter XI
Sthayee Samitis of the Panchayat Samitis
--------------------------------------------------------
### 124. Sthayee Samitis.
(1) A Panchayat Samiti shall have the following Sthayee Samitis, namely:-
(i) [Artha, Sanstha, Unnayan O Parikalpana]
[ Words substituted for the words 'Artha O Sanstha' by W.B. Act 37 of 1984.]
Sthayee Samiti,
(ii) Janasasthaya [0 Parihesh]
[Words in clauses (ii) inserted by W.B. Act 17 of 1992.]
Sthayee Samiti,
(iii) Purta Karya [O Parihalian]
[Words in clause (iii) inserted by W.B. Act 17 of 1992.]
Sthayee Samiti,
(iv) Krishi Sech O Samahaya Sthayee Samiti,
(v) [Shiksha, Sanskriti, Tathya O Krira]
[Words substituted for the word 'Shiksha' by W.B. Act 17 of 1992.]
Sthayee Samiti,
(vi) [Sishu O Nari Unnayan, Janakalyan O Tran]
[Words substituted for the words 'Khudra Silpa, Tran O Janakalyan' by W.B. Act 15 of 1997.]
Sthayee Samiti,
(via) [ Bon O Bhumi Sanskar Sthayee Samit,]
[Clauses (via) to (vid) inserted by W.B. Act 17 of 1992.]
(vib) [ Matsya O Prani Sampad Bikash Sthayee Samiti,]
[Clauses (via) to (vid) inserted by W.B. Act 17 of 1992.]
(vic) [ Khadya O Sarbaraha Sthayee Samit,]
[Clauses (via) to (vid) inserted by W.B. Act 17 of 1992.]
(vid) [ [Khudra Silpa, Bidyut O Achiracharit Shakti]
[Clauses (via) to (vid) inserted by W.B. Act 17 of 1992.]
Sthayee Samiti,]
(vii) such other Sthayee Samiti or Samitis as the Panchayat Samiti may, subject to the approval of the State Government, constitute.
(2) A Sthayee Samiti shall consist of the following members, namely:-
(a) the Sabhapati [and Sahakari Sabhapati]
[Words inserted by W.B. Act 17 or 1992.]
of the Panchayat Samiti, ex officio;
(b) [without prejudice to the provisions in clause (ba),]
Word, letters and brackets inserted by W.B. Act
[8 of 2003
.]
not less than three and not more than five persons to be elected in the prescribed manner by the members of the Panchayat Samiti from among themselves;
(ba) [ the Karmadhyakshas elected in other Sthayee Samitis as referred to in section 125 shall be ex officio members of the Artha Sanstha Unnayan O Parikalpana Sthayee Samiti referred to in sub-section (1) and no member shall be elected in the manner referred to in clause (b);]
Clauses (ba) to (bc) with provisos inserted by W.B. Act
[8 of 2003
.]
(bb) [ leader of the recognized political party in opposition having largest number of members in the Panchayat Samiti in comparison with other recognized political parties in opposition shall be a member of the Artha Sanstha Unnayan O Parikalpana Sthayee Samiti;]
Clauses (ba) to (bc) with provisos inserted by W.B. Act
[8 of 2003
.]
(bc) [ one member from each recognized political party in opposition shall be selected to be a member of each of the Sthayee Samitis other than [the Artha Sanstha Unnayan O Parikalpana Sthayee Samiti, if no member in opposition is elected in a Sthayee Samiti referred to in clause (b):]
Clauses (ba) to (bc) with provisos inserted by W.B. Act
[8 of 2003
.]
]
Provided that the members selected from the recognized political party having larger number of members in the Panchayat Samiti shall be the member of Sthayee Samiti placed higher in the consecutive order in sub-section (1) :
Provided further that if the number of recognised [political]
[Word inserted by W.B. Act 31 of 2003.]
parties in opposition is less than the number of Sthayee Samitis, the independent candidates in opposition in Panchayat Samiti shall be members of the Sthayee Samitis for which no member of the recognized political parties are available and the member senior in age shall be placed as member in the Sthayee Samiti placed higher in the order of sub-section (1) :
Provided also that if the number of recognized political parties added with number of independent members falls short of the number of Sthayee Samitis, one additional member from each such political party in opposition in Panchayat Samiti, shall be chosen for membership in the Sthayee Samitis where no member in terms of this clause has been provided and the same sequential order shall be followed for placement of a member in a Sthayee Samiti and such process shall be repeated until all Sthayee Samitis have one member under this clause :
Provided also that a member in-opposition may be a member of more than three Sthayee Samitis if in a term of general election, not more than three members in opposition are elected in the Panchayat Samiti:
Provided also that the members of the recognized political party shall jointly decide and intimate the Executive Officer of the Panchayat Samiti by a letter under signature of all such members, the name of the member or members, as the case may be, who shall represent the party as member or members of the Sthayee Samiti and in case of an independent member the Executive Officer shall determine the membership in each Sthayee Samiti:
Provided also that the Executive Officer shall place the entire matter of membership under this clause in a meeting of the Panchayat Samiti as early as possible in the next meeting.
[Explanation. - For the purpose of this clause, a member of the Panchayat Samiti shall be considered a member in opposition if in the election of the Sabhapati under section 98, he did not cast his vote in favour of the winning candidate or has abstained himself from casting his vote in the said election;]
['Explanation' inserted by W.B. Act 31 of 2003.]
(c) [ such number of persons being officers of the State Government or of any statutory body or corporation or being eminent persons having specialised knowledge as the State Government may think fit, appointed by the State Government.] [[Clause (c) substituted by W.B. Act 17 of 1992, which was earlier as under:-
'(c) not more than five persons being officers of the State Government, appointed by the State Government :
Provided that such officers shall not be eligible for election as Karmadhyaksha of the Sthayee Samiti and shall not have any right to vote.'.]]
(3) [ No person, other than the Sabhapati or the Sahakari Sabhapati, shall be a member of more than three Sthayee Samitis other than the Artha Sanstha Unnayan O Parikalpana Sthayee Samiti.] [[Sub-section (3) substituted by W.B. Act 31 of 2003. which was earlier as under:-
'(3) No person, other than the Sabhapati or the Sahakari Sabhapati, shall be a member of more than three Sttiayee Samitis.'.]]
(4) An elected member of a Sthayee Samiti shall hold office for a period of [five years]
[Words substituted for the words 'four years' by W.B. Act 12 of 1982, w.e.f. 4.8.1982.]
or for so long as he continues to be a member of the Panchayat Samiti, whichever is earlier.
(5) The meeting of the Sthayee Samiti shall be held [in the office of the Panchayat Samiti]
[Words inserted by W.B. Act 37 of 1984.]
at such time and in such manner as may be prescribed.
(6) A Sthayee Samiti shall exercise such powers, perform such functions and discharge such duties as may be prescribed or as may be assigned to it by the Panchayat Samiti.
(7) The State Government may make rules providing for the removal of members of a Sthayee Samiti including the Karmadhyaksha and for filling up of a casual vacancy.
### 125. Karmadhyaksha and Secretary.
(1) The members of a Sthayee Samiti shall elect, in such manner as may be prescribed, a Chairman, to be called Karmadhyaksha, from among themselves:
Provided that the Sabhapati to the Panchayat Samiti shall be the ex officio Karmadhyaksha of the [Artha, Sanstha, Unnayan O Parikalpana]
[Words substituted for the words 'Artha O Sanstha' by W.B. Act 37 of 1984.]
Sthayee Samiti:
Provided further that the members referred to in [clauses (i) and (ii) of sub-section (2) of section 94 shall not be eligible for such election.]
[Word, brackets and figure 'clause (iii) ' first substituted for the words, brackets, figure and letter 'sub-clause (iii) of clause (a)' by W.B. Act 58 of 1978, then the words, brackets and figures within third brackets substituted for the word, brackets and figure 'clause (iii)' by W.B. Act 37 of 1984.]
[Provided also that the Karmadhyaksha for Sishu O Nari Unnayan, Janakalyan O Tran Sthayee Samiti shall be elected from among the women members of the Sthayee Samiti.]
[Added by W.B. Act No. 8 of 2010, dated 13.5.2010.]
[\* \* \* \* \* \* \*] [[Sub-Section (2) omitted by W.B. Act 37 of 1984, which was as under:-
'(2) If the Pradhan of a Gram Panchayat is elected Karmadhyaksha of a Sthayee Samiti he shall cease to be the Pradhan of the Gram Panchayat, but shall, notwithstanding anything in section 94, continue to be a member of the Panchayat Samiti for the full term of his office as Karmadhyaksha of the Sthayee Samiti.'.]]
(3) [(a) The Extension Officer, Panchayats shall act as the Secretary to the [Artha, Sanstha, Unnayan O Parikalpana] [[Sub-Section (3) substituted by W.B. Act 23 of 1979, which was earlier as under:-
'(3) The Extension Officer, Panchayat, shall act as Secretary to all the Sthayee Samitis.'.]] Sthayee Samiti.]
(b) [ The members referred to in clauses [(a), (b), (ba), (bb) and (bc)] [[Clauses (b) and (c) substituted for previous clause (b) by W.B. Act 37 of 1984. Previous clause (b) was as under:-
'(b) The members of a Sthayee Samiti appointed under clause (c) of sub-section (2) of section 124, other than the Artha O Sanstha Sthayee Samiti, shall select in such manner as may be determined by the Karmadhyaksha one of such members to act as the Secretary to such Sthayee Samiti.'.]] of sub-section (2) of section 124 of a Sthyaee Samiti, other than the Artha, Sanstha, Unnayan O Parikalpana Sthayee Samiti, shall select, in such manner [as may be determined by the Sthayee Samiti in conformity with such direction as may be issued by one or more orders, general or special, of the State Government]
Words substituted for the words 'as may be determined by the Karmadhyaksha.' by W.B. Act
[8 of 2003
.]
one of the members referred to in clause (c) of that sub-section to act as the Secretary to such Sthayee Samiti:]
[Provided that pending the selection of Secretary to a Sthayee Samiti under this clause or during the casual vacancy, if any, in the post of Secretary to a Sthayee Samiti, the Secretary of the Panchayat Samiti shall act as the Secretary to such Sthayee Samiti]
[Proviso inserted by W.B. Act 18 of 1994.]
.
(c) [ The Secretary to each Sthayee Samiti shall, in consultation with the Karmadhyaksha, convene the meetings of the Sthayee Samiti]
[Clauses (b) and (c) substituted for previous clause (b) by W.B. Act 37 of 1984.]
.
(4) Notwithstanding anything contained in section 118 or elsewhere in this Act, the Karmadhyaksha shall -
[(a) be responsible for the financial and executive administration in respect of the schemes and programmes [under the purview and control of the Sthayee Samiti within the budgetary provisions of the Panchayat Samiti] ;
(b) be entitled, in respect of the work of the Sthayee Samiti, to call for any information, return, statement, account or report from the office of the Panchayat Samiti and to enter on and inspect any immovable property of the Panchayat Samiti or to inspect any work in progress and connected with the functions and duties of the Sthayee Samiti:
(c) be entitled, when authorised by the Sthayee Samiti, to require the attendance at its meeting of any officer of the Panchayat Samiti;
(d) exercise such other powers, perform such other functions and discharge such other duties, as the Panchayat Samiti may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.]
### 126. Resignation.
- The Karmadhyaksha or any other member of a Sthayee Samiti may resign his office by giving notice in writing to the Sabhapati and on such resignation being accepted by the Panchayat Samiti the Karmadhyaksha or such member shall be deemed to have vacated his office.
### 127. Casual vacancy.
- When a vacancy occurs in the office of a Karmadhyaksha or a member of a Sthayee Samiti by resignation, death or otherwise, the members of the Sthayee Samiti shall elect another Karmadhyaksha or [the members of the Panchayat Samiti shall elect another]
[Words inserted by W.B. Act 37 of 1984.]
member, as the case may be, in the prescribed manner. The Karmadhyaksha or the member so elected shall hold office for the unexpired portion of the term of office of the person in whose place he becomes a member.
[Chapter XIA]
[Chapter XIA consisting of Section 127A inserted by W.B. Act 37 of 1984.]
Samanway Samiti of office bearers and Karmadhyakshas
### 127A. [[Section 127A omitted by W.B. Act
[8 of 2003
, which was as under:-
'127A. Samanway Samiti. - (1) There shall be a Samanway Samiti for every Panchayat Samiti consisting of the Sabhapati, the Sahakari Sabhapati and the Karmadhyakshas of all Sthayee Samitis and the Executive Officer of the Panchayat Samiti.
(2) The Secretary of the Panchayat Samiti shall act as the Secretary to the Samanway Samiti.
(3) The meeting of the Samanway Samiti shall be held at least once in a month in the office of the Panchayat Samiti in such manner as may be prescribed.
(4) The Samanway Samiti shall be responsible for co-ordinating the functions between a Sthayee Samiti and the Panchayat Samiti and among the different Sthayee Samitis of the Panchayat Samiti and for monitoring of activities of the Gram Panchayats in respect of the schemes funds for which are allotted by the Panchayat Samiti to the Gram Panchayats for execution of such schemes.
(5) The Samanway Samiti shall exercise such other powers, perform such other functions and discharge such other duties as may be prescribed or as may be assigned to it by the Panchayat Samiti at a meeting.'.]]
\* \* \*]
[Sub-Section (4) inserted by W.B. Act 17 of 1992.]
Chapter XII
Property and Fund
----------------------------------
### 128. Power to acquire, hold and dispose of property.
- A Panchayat Samiti shall have the power to acquire, hold and dispose of property and to enter into contracts:
Provided that in all cases of acquisition or disposal of immovable property the Panchayat Samiti shall obtain the previous approval of the State Government.
### 129. Works constructed by a Panchayat Samiti to vest in it.
- All roads, buildings or other works constructed by a Panchayat Samiti with its own funds shall vest in it.
### 130. Allocation of properties to Panchayat Samiti.
- The State Government may allocate to a Panchayat Samiti any public property situated within its jurisdiction, and thereupon such property shall vest in and come under the control of the Panchayat Samiti.
### 131. Acquisition of land for Panchayat Samiti.
- Where a Panchayat Samiti requires land to carry out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an application to the Collector for the acquisition of the land, who may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land under the provisions of the Land Acquisition Act, 1894 and such land shall, on acquisition, vest in the Panchayat Samiti.
### 132. Panchayat Samiti Fund.
(1) For every Panchayat Samiti there shall be constituted a Panchayat Samiti Fund bearing the name of the Panchayat Samiti and there shall be placed to the credit thereof -
(a) contributions and grants, if any, made by the Central or the State Government including such part of the land revenue collected in the State as may be determined by the State Government;
(b) contributions and grants, if any, made by the Zilla Parishad [or Mahakuma Parishad or Council]
[Words inserted by W.B. Act 20 of 1988.]
or any other local authority;
(c) loans, if any, granted by the Central or the State Government or raised by the Panchayat Samiti on security of its assets;
(d) all receipts on account of tolls, rates and fees levied by it;
(e) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of, the Panchayat Samiti;
(f) all sums received as gift or contribution and all income from any trust or endowment made in favour of the Panchayat Samiti;
(g) such fines or penalties imposed and realised under the provisions of this Act or of the bye-laws made thereunder, as may be prescribed; and
(h) all other sums received by or on behalf of the Panchayat Samiti.
[Explanation. - A Panchayat Samiti shall not receive to the credit of its fund -
(a) any loan from any individual, severally or jointly, or any member or office bearer of the Panchayat Samiti, or
(b) any gift or contribution from any individual, severally or jointly, or any member or office bearer of the Panchayat Samiti save and except in pursuance of a resolution adopted in a meeting of the Panchayat Samiti accepting such gift or contribution and stating the purpose for which such gift or contribution is offered and accepted.]
(2) Every Panchayat Samiti shall set apart and apply annually such sum as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees.
(3) Every Panchayat Samiti shall have power to spend such sums as it thinks fit for carrying out the purposes of this Act.
(4) The Panchayat Samiti Fund shall be vested in the Panchayat Samiti and the balance to the credit of the Fund shall be kept in such custody as the State Government may, from time to time, direct.
(5) Subject to such general control as the Panchayat Samiti may exercise from time to time, all orders and cheques for payments from the Panchayat Samiti Fund [shall be signed by the Executive Officer, or if authorised by the Executive Officer, by the Joint Executive Officer, subject to such order as may be issued by the State Government in this behalf.]
Words substituted for the words 'shall be signed by the Executive Officer,' by W.B. Act
[8 of 2003
.]
### 133. Levy of tolls, rates and fees.
(1) Subject to such maximum rates as the State Government may prescribe, a Panchayat Samiti may -
(a) levy tolls on persons, vehicles or animals or any class of them at any toll-bar established by it on any road other than a kutcha road or any bridge vested in it or under its management,
(b) levy tolls in respect of any ferry established by it or under its management,
(c) levy the following fees and rates, namely:-
(i) fees on the registration of vehicles;
(ii) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and melas within its jurisdiction as may be specified by the State Government by notification;
(iii) a fee for licence referred to in sub-section (2) of section 116;
(iv) a fee for licence for a hat or market referred to in section 117;
(v) a water rate, where arrangement for the supply no water for drinking, irrigation or any other purpose is made by the Panchayat Samiti within its jurisdiction;
(vi) a lighting rate, where arrangement for lighting of public streets and places is made by the Panchayat Samiti within its jurisdiction.
(2) The Panchayat Samiti shall not undertake registration of a vehicle or levy fee therefor and shall not provide sanitary arrangements at places of worship or pilgrimage, fairs and melas within its jurisdiction or levy fee therefor if any such vehicle has already been registered by any other authority under any law for the time being in force or if such provision for sanitary arrangement has already been made by any other local authority.
### 134. Scales of tolls, etc. to be provided by bye-laws.
(1) The scales of tolls, fees or rates and the terms and conditions for the imposition thereof shall be such as may be provided by bye-laws.
(2) Such bye-laws may provide for exemption from all or any of the tolls, fees or rates in any class of cases.
### 135. Panchayat Samiti may raise loans and create sinking fund.
- A Panchayat Samiti may, subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, raise from time to time, with the approval of the State Government, loans for the purposes of this Act and create a sinking fund for the repayment of such loans.
### 135A. [ Panchayat Samiti may borrow money.
[Section 135A inserted by W.B. Act 42 of 1978.]
- Notwithstanding anything contained in section 135, a Panchayat Samiti may borrow money from the State Government or [\* \* \* \* \*]
['Explanation' inserted by W.B. Act 15 of 1997.]
from banks or other financial institutions, for furtherance of its objective on the basis of specific schemes as may be drawn up by the Panchayat Samiti for the purpose.]
### 136. Budget of the Panchayat Samiti.
(1) Every Panchayat Samiti shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year [\* \* \* \* \*]
[Words 'or the Mahakuma Parishad or the Council, as the case may be,' first inserted by W.B. Act 20 of 1988, then the words 'and submit the budget to the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be, having Jurisdiction over the area of the Block' omitted by W.B. Act 18 of 1994.]
.
(2) (a) The budget prepared under sub-section (1) shall be written in English and in vernacular of the district or the locality concerned and copies of the budget in both the languages shall be pasted in such prominent places within the Block as may be prescribed, inviting objections and suggestions from the electors of the Panchayat Samiti.
[(b) Copies of the budget shall be forwarded to the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be, having jurisdiction over the area of the Block for views, if any.
(c) The Panchayat Samiti shall, within such time as may be prescribed and in a meeting specially convened for the purpose and in the presence of at least half of the existing members, consider the objections, suggestions and views, if any, and approve the budget with modifications, if any.
(d) A copy of the budget approved under clause (c) shall be forwarded to the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be, having jurisdiction.]
### 137. Expenditure.
- No expenditure shall be incurred unless the budget is approved [under clause (c) of sub-section (2) of section 136.]
[Words 'the Zilla Parishad or the Mahakuma Parishad or the Council' first substituted for the words 'the Zilla Parishad' by W. B. Act 20 of 1988, then the words, figures, letter and brackets substituted for the words 'by the Zilla Parishad or the Mahakuma Parishad or the Council' by W.B. Act 18 of 1994.]
### 138. Supplementary Budget.
- [(1) The Panchayat Samiti may prepare in each year a supplementary estimate providing for any modification of its budget and [may approve it in a meeting specially convened for the purpose and in the presence of at least half of the existing members]
[Section 138 renumbered as sub-Section (1) of that Section and sub-Section (21 inserted by W. B. Act 18 of 1994.]
within such time and in such manner as may be prescribed.] [[Sub-Section (2) substituted by W.B. Act 18 of 1994. which was earlier as under:-
'(2) The Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be may, within such time as may be prescribed, either approve the budget or return it to the Panchayat Samiti for such modifications as it may direct. On such modifications being made, the budget shall be resubmitted within such time as may be prescribed for approval of the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be. If the approval of the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be, is not received by the Panchayat Samiti by the last date of the year, the budget shall be deemed to be approved by the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be.'.]]
(2) [ A copy of the supplementary estimate as approved under sub-section (1) shall be forwarded to the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be, having jurisdiction.]
[Section 138 renumbered as sub Section (1) of the Section and sub-Section (2) inserted by W.B. Act 18 of 1994.]
### 139. Accounts.
- A Panchayat Samiti shall keep such accounts and in such form as may be prescribed.
Part IV – Zilla Parishad
--------------------------
Chapter XIII
Constitution of Zilla Parishad
------------------------------------------------
### 140. Zilla Parishad and its constitution.
(1) For every district [except the district of Darjeeling,]
[Words inserted by W.B. Act 20 of 1988.]
the State Government shall constitute a Zilla Parishad bearing the name of the district.
(2) The Zilla Parishad shall consist of the following members, namely:-
(i) Sabhapatis of the Panchayat Samitis within the district, ex officio;
(ii) [{such number of persons, not exceeding three, as may be prescribed on the basis of the number of voters in the area from each Block within the district, the Block being divided [by the prescribed authority)]
[Words 'in force on the last date of nominations for Panchayat election' first substituted for the words 'for the time being in force' by W. B. Act 37 of 1984, then the words 'from amongst the persons, whose names are included in the electoral roll of the West Bengal Legislative Assembly in force on the last date of nomination for Panchayat election pertaining to any Block within the district, by persons whose names are included in such electoral roll pertaining to the constituency comprised in such Block;' substituted for the words 'from among themselves by persons whose names are included in the electoral roll of the West Bengal Legislative Assembly in force on the last date of nominations for Panchayat election pertaining to the constituency comprised in such Block;' by W.B. Act 17 of 1992, and finally, the words within second brackets substituted for the words 'two such persons, one from each of two such constituencies comprised in the Block within the district as may be specified by notification, elected by secret ballot, at such time and in such manner as may be prescribed, from amongst the persons, whose names are included in the electoral roll of the West Bengal Legislative Assembly in force on the last date of nomination for Panchayat election pertaining to any Block within the district.' by W.B. Act 18 of 1994.]
for the purpose into constituencies in the prescribed manner, elected by secret ballot at such time and in such manner as may be prescribed from amongst the persons whose names are included in the electoral roll, pertaining to any Block within the district, prepared in accordance with such rules as may be made in this behalf by the State Government and in force on such date as the State Election Commissioner may declare for the purpose of an election,} by persons whose names are included in such electoral roll pertaining to the constituency comprised in such Block:]
[Provided that seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in a Zilla Parishad and the number of seats so reserved shall bear, as nearly as may be and in the manner and in accordance with such rules as may be made in this behalf by the State Government, the same proportion to the total number of seats in that Zilla Parishad to be filled up by election as the population of the Scheduled Castes in that Zilla Parishad area, or of the Scheduled Tribes in that Zilla Parishad area, as the case may be, bears to the total population of that Zilla Parishad area and such seats shall be subject to allocation by rotation, in the manner prescribed, to such different constituencies having Scheduled Castes or Scheduled Tribes population which bears with the total population in that constituency not less than half of the proportion that the total Scheduled Castes population or the Scheduled Tribes population in that that Zilla Parishad area, as the case may be, bears with the total population in that that Zilla Parishad area]
[1st to 5th provisos inserted by W.B. Act 17 of 1992.]
:
[Provided further that not less than one-third of the total number of seats reserved for the Scheduled Castes and the Scheduled Tribes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be]
[1st to 5th provisos inserted by W.B. Act 17 of 1992.]
:
[Provided also that not less than one-third of the total number of seats, including the seats reserved for the Scheduled Castes and the Scheduled Tribes, in a Zilla Parishad shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed]
[1st to 5th provisos inserted by W.B. Act 17 of 1992.]
:
[Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section [\* \* \* \* \*]
[1st to 5th provisos inserted by W.B. Act 17 of 1992.]
when the number of members to be elected to a Zilla Parishad is determined, or when seats are reserved for the Scheduled Castes and the Scheduled Tribes in a Zilla Parishad, in the manner as aforesaid, the number of members so determined or the number of seats so reserved shall not be varied for three successive general elections:]
[Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no woman for whom seats are reserved under this sub-section, shall, if eligible for election to a Zilla Parishad, be disqualified for election to any seat not so reserved]
[1st to 5th provisos inserted by W.B. Act 17 of 1992.]
:
[Provided also that such division into constituencies shall be made in such manner that the ratio between the total population of all the Blocks in a district and the number of constituencies in the Zilla Parishad shall, so far as practicable, be the same in any that Zilla Parishad]
[6th to 8th provisos inserted by W.B. Act 18 of 1994.]
:
[Provided also that the State Election Commissioner may, at any time, for reasons to be recorded in writing]
[6th to 8th provisos inserted by W.B. Act 18 of 1994.]
[issue an order making fresh determination]
[Words substituted for the words 'and by notification, order fresh determination' by W.B. Act 15 of 1997.]
of the number of members in a Zilla Parishad or fresh reservation on rotation of the number of constituencies in that that Zilla Parishad and, on such order being issued by the State Election Commissioner, the determination of the number of members [or the number of seats to be reserved or the sequence of rotation of reservation of seats or any combination of them as may be specified in such order]
[Words substituted for the words 'and the reservation of the number of constituencies' by W.B. Act 24 of 1997.]
shall not be varied for [the next]
[Words inserted by W.B. Act 15 of 1997.]
three successive general elections:
[Provided also that the provisions for reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India]
[6th to 8th provisos inserted by W.B. Act 18 of 1994.]
;
(iii) [ members of the House of People and the Legislative Assembly of the State elected thereto from a constituency comprising the district or any part thereof, not being Ministers or simultaneously directly elected members of Zilla Parishad, ex officio;]
[Substituted by Act No. 40 of 2017, dated 16.10.2017]
(iv) members of the Council of States not being Ministers, [registered as electors within the area of any Block within the district.]
[Words substituted for the words 'having a place of residence in the district.' by W. B. Act 18 of 1994.]
(3) Every Zilla Parishad constituted under this section [\* \* \* \* \* \*]
[Words and figures ', notwithstanding anything contained in section 210,' first inserted by W.B. Act 10 of 1978. then omitted by W. B. Act 18 of 1994.]
shall be notified in the Official Gazette and shall come into office with effect from the date of its first meeting at which a quorum is present.
(4) Every Zilla Parishad shall be a body corporate having perpetual succession and a common seal and shall by its corporate name sue and be sued.
(5) (a) Notwithstanding anything contained in the forgoing provisions of this section, when the area of a district (hereinafter referred to as the former district) is divided so as to constitute two or more districts, for each of the newly constituted districts the State Government shall by notification constitute a Zilla Parishad bearing the name of the district with the following members, namely:-
[(i) Sabhapatis of the Panchayat Samitis within the newly constituted district, ex officio;
(ii) the members elected to the Zilla Parishad of the former district under clause (ii) of sub-section (2) from the constituencies referred to therein comprised in the Blocks within the newly constituted district;
(iii) members of the House of the People and the Legislative Assembly of the State elected thereto from a constituency comprising the newly constituted district or any part thereof, not being Ministers;
(iv) members of the Council of States, not being Ministers, having a place of residence in the newly constituted district.
(b) Notwithstanding anything in this Act, every Zilla Parishad constituted under this sub-section shall be deemed to have been duly constituted in accordance with the provisions of this Act and shall come into office with effect from the date of its first meeting at which a quorum is present, and the Zilla Parishad of the former district shall with effect from the date of coming into office of the newly constituted Zilla Parishads, cease to exist.
(c) The members of the newly constituted Zilla Parishad, other than the ex officio members, shall, subject to the provisions of section 145, hold office with effect from the date of its first meeting at which a quorum is present for the unexpired portion of the term of office of the members of the Zilla Parishad of the former district.
(d) All rules, orders, bye-laws and notifications made or issued from time to time under any law for the time being in force, applicable to the Zilla Parishad of the former district and continuing in force immediately before the coming into office of the newly constituted Zilla Parishads under this sub-section, shall, after the coming into office of the newly constituted Zilla Parishads, continue in force in so far as they are not inconsistent with the provisions of this Act and shall be applicable to the newly constituted Zilla Parishads until they are repealed or amended.
(e) The properties, funds and liabilities of the Zilla Parishad of the former district shall vest in the newly constituted Zilla Parishads in accordance with such allocation as may be determined by order in writing by the prescribed authority, and such determination shall be final.]
(6) An order made [under clause (e) of sub-section (5)]
[Words, figure, letter and brackets substituted for the words, figure and brackets 'under sub-section (5) ' by W.B. Act 21 of 1985.]
may contain such supplemental, incidental and consequential provisions as may be necessary to give effect to such reorganisation.
### 141. Term of office of members of Zilla Parishad. [[Section 141 substituted by W.B. Act 18 of 1994, which was earlier as under:-
'141. Term of office of members of Zilla Parishad. - (1) The members of a Zilla Parishad other than the ex officio members shall, subject to the provisions of sub-section (2) of this section and section 145, hold office for a period of five years from the date of poll in the general election for constitution of Zilla Parishads.
[(2) The period of five years referred to in sub-section (1) shall be held to include any period which may elapse between the expiry of the said period and the date of the first meeting of the newly-formed Zilla Parishad after a fresh election at which a quorum is present :
Provided that if such first meeting of the newly-formed Zilla Parishad cannot be held within three months of the expiry of the said period of five years, the State Government may, by order, terminate the term of office of the members of the Zilla Parishad continuing in office under this sub-section and appoint any authority, person or persons to exercise and perform, subject to such conditions as may be specified in the order, the powers and functions of the Zilla Parishad under this Act or any other law for the time being in force until the date on which such first meeting of the newly-formed Zilla Parishad is held.'.]]
(1) The members of a Zilla Parishad, other than ex officio members, shall, subject to the provisions of sections 145 and 213A, hold office for a period of five years from the date of its first meeting and no longer.
(2) There shall be held a general election for the constitution of a Zilla Parishad within a period not exceeding five years from the date of the previous general election held for such Zilla Parishad: [[Sub-Section (5) substituted by W.B. Act 21 of 1985. which was earlier as under:-
'(5) When the area of a district is divided so as to constitute two or more districts, there shall be reconstitution of the Zilla Parishads for the newly constituted districts in accordance with the provisions of this Act and the Zilla Parishad of the district so divided shall, as from the date of coming into office of the newly constituted Zilla Parishads, cease to exist, and the properties, funds and liabilities of the Zilla Parishad shall vest in the reconstituted Zilla Parishads, in accordance with such allocation, as may be determined by order in writing by the prescribed authority, and such determinations shall be final.'.]]
[Provided that if the first meeting of the newly-formed Zilla Parishad cannot be held before the expiry of the period of five years under sub-section (1) , the State Government may, by order, appoint, any authority, person or persons to exercise and perform, subject to such conditions as may be specified in the order, the powers and functions of the Zilla Parishad under this Act or any other law for the time being in force, for a period not exceeding three months at a time or until the date on which such first meeting of the newly-formed Zilla Parishad is held, whichever is earlier.]
[Added by W.B. Act No. 8 of 2010, dated 13.5.2010.]
### 141A. [[Section 141A first inserted by W.B. Act 17 of 1992, then omitted by W.B. Act 18 of 1994, which was as under:-
'141A. General election to Zilla Parishads. - (1) There shall be held a general election for the constitution of a Zilla Parishad or Mahakuma Parishad, as the case may be in accordance with the provisions of section 140 before the expiry of the term of office of the members thereof under section 141.
[(2) Notwithstanding anything contained in sub-section (1), if the State Government is of opinion that circumstances exist under which it is not possible to hold election in the area or in any part of the area of a Zilla Parishad or Mahakuma Parishad, it may on the expiry of the term of office of the members of the Zilla Parishad or Mahakuma Parishad, as the case may be, under sub-section (1) of section 141, by an order published in the Official Gazette, extend such term of office for such period, not exceeding six months at a time, as may be specified in the order :
Provided that prior to the issue of any notification for such extension of the term of office beyond six months from the date of expiry of the term under sub-section (1) of section 141, such notification shall be laid before the State Legislature and shall be subject to such modification as the State Legislature may make.'.]]
\* \* \*]
### 142. Disqualifications of members of Zilla Parishad.
- A person shall not be qualified to be a member of a Zilla Parishad, if -
(a) he is a member [\* \* \* \* \*]
[Words 'of a Gram Panchayat, or a Nyaya Panchayat, or a Panchayat Samiti other than the Sabhapati, or' omitted by W.B. Act 37 of 1984.]
of any municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1; or
(b) [ he is in the service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti or a Zilla Parishad and for the purposes of this clause, it is hereby declared that a person in the service of any undertaking of the Central or the State Government or any statutory body or Corporation or any public or Government company or any local authority or any co-operative society or any banking company or any university or any Government sponsored institution or any educational or other institution or undertaking or body receiving any aid from the Government by way of grant or otherwise or a person not under the rule-making authority of the Central or the State Government or a person receiving any remuneration from any undertaking or body or organisation or association of persons as the employee or being in the service of such undertaking or body or organisation or association of persons out of funds provided or grants made or aids given by the Central or the State Government, shall not be deemed to be in the service of the Central or the State Government; or] [[Clause (b) substituted by W.B. Act 6 of 1985. w.e.f. 25.1.1985, which was earlier as under:-
'(b) he is in the service of the Central Government or the State Government or a Gram Panchayat or a Panchayat Samiti or a Zilla Parishad; or'.]]
(c) he has, directly or indirectly by himself or by his partner or employer or an employee, any share' or interest in any contract with, by or on behalf of, the Zilla Parishad or a Gram Panchayat or a Panchayat Samiti within the district:
Provided that no person shall be deemed to be disqualified for being elected a member of a Zilla Parishad by reason only of his having a share or interest in any public company as defined in the Companies Act, 1956, which contracts with or is employed by a Gram Panchayat, or a Panchayat Samiti within the district or the Zilla Parishad of the district; or
(d) he has been dismissed from the service of the Central or a State Government or a local authority or a co-operative society, or a Government company or a corporation owned or controlled by the Central or the State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal; or
(e) he has been adjudged by a competent court to be of unsound mind; or
(f) he is an undischarged insolvent; or
(g) he being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or
(h) [(i) he has been convicted by a court - [[Clause (h) substituted by W. B. Act 15 of 1997, which was earlier as under:-
'(h) he has been convicted by a court of an offence involving moral turpitude punishable with imprisonment for a period of more than six months or an offence under Chapter IXA of the Indian Penal Code or section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952, or Chapter III of Part VII of the Representation of the People Act, 1951 and five years have not elapsed from the date of the expiration of the sentence; or'.]]
(A) of an offence involving moral turpitude punishable with imprisonment for a period of more than six months, or
(B) of an offence under Chapter IXA of the Indian Penal Code, or
(C) under section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952, and five years have not elapsed from the date of the expiration of the sentence; or
(ii) he is disqualified for the purpose of election to the State Legislature under the provisions of Chapter III of Part II of the Representation of the People Act, 1951; or]
(i) [ he has not attained the age of twenty-one years on the date fixed for the scrutiny of nominations for any election; ]
[Clauses (i) to (l) inserted by W.B. Act 18 of 1994.]
(j) [ he has been convicted under section 189 at any time during the last ten years; or]
[Clauses (i) to (l) inserted by W.B. Act 18 of 1994.]
(k) [ he has been surcharged or charged under section 192 at any time during the last ten years; or]
[Clauses (i) to (l) inserted by W.B. Act 18 of 1994.]
(l) [ he has been removed under section 213 at any time during the last five years.]
[Clauses (i) to (l) inserted by W.B. Act 18 of 1994.]
### 143. Sabhadhipati and Sahakari Sabhadhipati.
(1) Every Zilla Parishad shall, at its first meeting at which a quorum is present, elect, in the prescribed manner, one of its members to be the Sabhadhipati and another member to be the Sahakari Sabhadhipati of the Zilla Parishad:
Provided that the members referred to in [clauses (i) , (iii) and (iv)]
[Words, brackets and figures 'clauses (iii) and (iv)' first substituted for the words, brackets, figures and letter 'sub-clauses (iii) and (iv) of clause (a)' by W.B. Act 58 of 1978, then the words, figures and brackets within third brackets substituted for the words, figures and brackets 'clauses (iii) and (iv)' by W. B. Act 37 of 1984.]
of sub-section (2) of section 140 [shall neither participate in, nor be eligible for, such election:]
[Words substituted for the words 'shall not be eligible for such election' by W.B. Act 18 of 1994.]
[Provided farther that subject to such rules as may De made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that on being elected, he shall not hold any office of profit during the period for which he holds or due to hold such office unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his office powers, due performance of his office functions or due discharge of his office duties:]
[Substituted by Act No. 40 of 2017, dated 16.10.2017]
[Provided also that subject to such rules as may be made by the State Government in this behalf, the offices of the Sabhadhipati and the Sahakari Sabhadhipati shall be reserved for the Scheduled Castes and the Scheduled Tribes in such manner that the number of offices so reserved at the time of any general election shall bear, as nearly as may be, the same proportion to the total number of such offices in West Bengal as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, in all the Blocks within West Bengal taken together bears with the total population in the same area, and such offices shall be subject to allocation by rotation in the manner prescribed]
[3rd to 7th provisos inserted by W.B. Act 18 of 1994.]
:
[Provided also that after being elected to an [office of an office bearer]
[Proviso Inserted by Act No. 5 of 2014, dated 31.3.2014.]
, he shall be allowed lien or leave of absence from the place of his employment for his full tenure in such office with effect from the date of his joining to such office by the Department or authority or undertaking or aided institution of the State Government under which he holds his office of profit:]
[Provided also that the offices of the Sabhadhipati and the Sahakari Sabhadhipati in any Zilla Parishad having the Scheduled Castes and the Scheduled Tribes population, as the case may be, constituting not more than five per cent of the total population in the Blocks within the district, shall not be considered for allocation by rotation]
[3rd to 7th provisos inserted by W.B. Act 18 of 1994.]
:
[Provided also that in the event of the number of Zilla Parishad areas having the Scheduled Castes or the Scheduled Tribes population constituting more than five per cent of the total population, falling short of the number of offices of the Sabhadhipati and the Sahakari Sabhadhipati required for reservation in West Bengal the State Election Commissioner, may, by order, include, for the purpose of reservation, other such offices of the Sabhadhipati and the Sahakari Sabhadhipati beginning from the district having higher proportion of the Scheduled Castes or the Scheduled Tribes, as the case may be, until the total number of seats required for reservation is obtained]
[3rd to 7th provisos inserted by W.B. Act 18 of 1994.]
:
[Provided also that not less than one-third of the total number of offices of the Sabhadhipati and the Sahakari Sabhadhipati reserved for the Scheduled Castes and the Scheduled Tribes in West Bengal, shall be reserved by rotation for the women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be]
[3rd to 7th provisos inserted by W.B. Act 18 of 1994.]
:
[Provided also that not less than one-third of the total number of offices of the Sabhadhipati and the Sahakari Sabhadhipati in West Bengal including the offices reserved for the Scheduled Castes and the Scheduled Tribes, shall be reserved for the women, and the offices so reserved shall be determined by rotation in such manner as may be prescribed]
[3rd to 7th provisos inserted by W.B. Act 18 of 1994.]
:
[Provided also that determination of the offices of the Sabhadhipati within the State reserved for the Scheduled Castes, the Scheduled Tribes and women shall precede such determination for the offices of the Sahakari Sabhadhipati]
[8th to 10th provisos inserted by W.B. Act 24 of 1997.]
:
[Provided also that if, for any term of election (hereinafter referred to in this proviso as the said term of election), the office of the Sabhadhipati in a Zilla Parishad is reserved for any category of persons in accordance with the rules in force, the office of the Sahakari Sabhadhipati in that Zilla Parishad shall not be reserved for the said term of election for any category and if, in accordance with the rules applicable to the office of the Sahakari Sabhadhipati, such office is required to be reserved for the said term of election, such reservation for the same category shall be made in another office of the Sahakari Sabhadhipati within the State in the manner prescribed, keeping the total number of offices so reserved for the said term of election equal to the number of such offices required to be reserved in accordance with the rules in force]
[8th to 10th provisos inserted by W.B. Act 24 of 1997.]
:
[Provided also that when in any term of election, an office of the Sahakari Sabhadhipati is not reserved on the ground that the corresponding office of the Sabhadhipati is reserved in the manner prescribed, such office of the Sahakari Sabhadhipati not reserved on the ground as aforesaid, shall be eligible for consideration for reservation during the next term of election in the manner prescribed]
[8th to 10th provisos inserted by W.B. Act 24 of 1997.]
:
[Provided also that notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Act, the principle of rotation for the purpose of reservation of offices under this sub-section shall commence from the first election to be held after the coming into force of section 39 of the West Bengal Panchayat (Amendment) Act, 1994, and the roaster for reservation by rotation shall continue for every three successive terms for the complete rotation unless the State Election Commissioner, for reasons to be recorded in writing and by notification, directs fresh commencement of the rotation at any stage excluding one or more terms from the operation of the rotation]
[11th to 13th provisos inserted by W.B. Act 18 of 1994.]
:
[Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no woman, for whom the offices are reserved under this sub-section, shall, if eligible for the office of the Sabhadhipati or the Sahakari Sabhadhipati, be disqualified for election to any office not so reserved]
[11th to 13th provisos inserted by W.B. Act 18 of 1994.]
:
[Provided also that the provisions for reservation of the offices of the Sabhadhipati and the Sahakari Sabhadhipati for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India]
[11th to 13th provisos inserted by W.B. Act 18 of 1994.]
.
(2) The meeting to be held under sub-section (1) shall be convened by the prescribed authority in the prescribed manner.
(3) The Sabhadhipati and the Sahakari Sabhadhipati shall, subject to the provisions of section 146 and to their continuing as members, hold office for a period of [five years]
[Words substituted for the words 'four years' by W.B. Act 12 of 1982. w.e.f. 4.8.1982.]
:
[\* \* \* \* \* \* \* \* \*] [[Proviso omitted by W. B. Act 18 of 1994, which was as under:-
'Provided that a Sabhadhipati or a Sahakari Sabhadhipati shall continue In office after the expiry of the said period until a new Sabhadhipati or Sahakari Sabhadhipati is elected and assumes office or until an authority or a person or persons is or are appointed under the proviso to sub-section (2) of section 141.'.]]
(4) When -
(a) the office of the Sabhadhipati falls vacant by reason of death, resignation, removal or otherwise, or
(b) the Sabhadhipati is, by reason of leave, illness or other cause, temporarily unable to act,
the Sahakari Sabhadhipati shall exercise the powers, perform the functions and discharge the duties of the Sabhadhipati until a new Sabhadhipati is elected and assumes office or until the Sabhadhipati resumes his duties, as the case may be.
(5) When -
(a) the office of the Sahakari Sabhadhipati falls vacant by reason of death resignation, removal or otherwise, or
(b) the Sahakari Sabhadhipati is, by reason of leave, illness or other cause, temporarily unable to act,
the Sabhadhipati shall exercise the powers, perform the functions and discharge the duties of the Sahakari Sabhadhipati until a new Sahakari Sabhadhipati is elected and assumes office or until the Sahakari Sabhadhipati resumes his duties, as the case may be.
(6) When the offices of the Sabhadhipati and the Sahakari Sabhadhipati are both vacant or the Sabhadhipati and the Sahakari Sabhadhipati are temporarily unable to act, the prescribed authority may appoint [for a period of thirty days at a time]
[Words inserted by W.B. Act 18 of 1994.]
a Sabhadhipati and a Sahakari Sabhadhipati from among the members of the Zilla Parishad to act as such until a Sabhadhipati or a Sahakari Sabhadhipati is elected and assumes office [or until the Sabhadhipati or Sahakari Sabhadhipati resumes his duties, as the case may be]
[Words inserted by W.B. Act 37 of 1984.]
.
[\* \* \* \* \*] [[Sub-Section (7) omitted by W.B. Act 37 of 1984, which was as under:-
'(7) If the Sabhapati of a Panchayat Samiti Is elected Sabhadhipati or Sahakari Sabhadhipati of a Zilla Parishad, he shall cease to be the Sabhapati of the Panchayat Samiti, but shall, notwithstanding anything in section 140 continue to be a member of the Zilla Parishad for the full term of his office as such Sabhadhipati or Sahakari Sabhadhipati thereof under sub-section (3) of this section or section 149, as the case may be.'.]]
(8) The Sabhadhipati and the Sahakari Sabhadhipati of a Zilla Parishad shall be paid out of the Zilla Parishad Fund such Word substituted for the [remuneration]
[word 'honoraria' by W.B. Act 17 of 1992.]
and allowances and shall be entitled to leave of absence for such period or periods and on such terms and conditions, as may be prescribed.
(9) [ Notwithstanding anything to the contrary contained in this Act, the State Government may, by an order in writing, remove a Sabhadhipati or a Sahakari Sabhadhipati from his office if, in its opinion, he holds any office of profit or carries on or is associated with any business, profession or calling in such manner that shall, or is likely to, interfere with due exercise of his powers, performance of his functions or discharge of his duties:]
[Sub-Section (9) inserted by W.B. Act 17 of 1992.]
Provided that the State Government shall, before making any such order, give the person concerned an opportunity of making a representation against the proposed order.
### 144. [ Resignation of Sabhadhipati or Sahakari Sabhadhipati or member.
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(1) The Sabhadhipati or the Sahakari Sabhadhipati or any other member of a Zilla Parishad may resign his office by notifying in writing his intention to do so, preferably mentioning the reasons for his resignation and also his present postal address for further communication, to the prescribed authority.
(2) On receipt of the letter under sub-section (1), the prescribed authority shall issue within three days a letter by registered post to the person tendering such resignation, requesting him to appear in person before the prescribed authority within seven days from the date of receipt of such letter for a hearing on the resignation tendered.
(3) During the hearing held under sub-section (2), the prescribed authority shall ascertain whether the resignation has been tendered under own volition of the person and also whether such person intends to withdraw his letter of resignation.
(4) The prescribed authority shall pass a reasoned order and either allow such person to withdraw in writing the letter of resignation instantly or accept the resignation tendered with immediate effect:
Provided that if such person does not appear in the hearing without any form of communication to the prescribed authority, the letter of resignation tendered by him shall be treated as wilful resignation and the prescribed authority shall accept it forthwith.
(5) When the resignation is accepted under sub-section (4), the relevant office shall stand vacated from the date of such acceptance and an intimation in writing shall be sent by the prescribed authority within next three working days to the Executive Officer of the Zilla Parishad or in his absence to the person officiating in the post as well as to the person tendering resignation directing him to make over charges of his office within next five working days to the person as may be mentioned in the letter or if no person is so mentioned, to relinquish the charges within the aforesaid period in writing addressed to the Executive Officer with a copy endorsed to the prescribed authority and also to hand over to the Executive Officer or any other officer so authorized by him within next seven days all documents, registers, seals and assets owned by the Zilla Parishad which are in his custody.
(6) The entire process of acceptance of resignation and intimating the person concerned shall be completed within thirty days from the date of receipt of such resignation by the prescribed authority.]
### 145. Removal of member of Zilla Parishad.
(1) The prescribed authority may, after giving an opportunity to a member of a Zilla Parishad other than an ex officio member to show cause against the action proposed to be taken against him, by order remove him from office -
(a) if after his election he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than six months; or
(b) if he was disqualified to be a member of the Zilla Parishad at the time of his election; or
(c) if he incurs any of the disqualifications mentioned in clauses (b) to (g) of section 142 after his election as a member of the Zilla Parishad; or
(d) if he is absent from three consecutive meetings of the Zilla Parishad without the [leave of the Zilla Parishad]
[Substituted 'leave of the Zilla Parishad;' by Act No. 40 of 2017, dated 16.10.2017]
[\* \* \* \* \*]
[Words 'provided he is not an ex officio member of the Zilla Parishad' omitted by W.B. Act 37 of 1984.]
; or
[Provided that a member of a Zilla Parishad hOlding simultaneous membership of the House of the People or the Legislative Assembly, shall not be removed from the office, if he remains absent from three consecutive meetings of the Zilla Parishad without the leave of the Zilla Parishad:]
[Added by Act No. 40 of 2017, dated 16.10.2017]
(e) if he does not pay any arrear in respect of any tax, toll, fee or rate payable under this Act, or the Bengal Village Self-Government Act, 1919, or the West Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963.
(2) Any member of a Zilla Parishad who is removed from his office by the prescribed authority under sub-section (1) may, within thirty days from the date of the order, appeal to such authority as the State Government may appoint in this behalf, and, thereupon, the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority, and after giving the appellant an opportunity of being heard, modify, set aside or confirm the order.
(3) The order passed by such authority on such appeal shall be final.
[\* \* \* \* \* \* \*] [[Sub-Section (4) omitted by W.B. Act 37 of 1984. which was as under:-
'(4) If an ex officio member of a Zilla Parishad referred to In sub-clause (1) of clause (a) of sub-section (2) of section 140 is removed from office he shall cease to be the Sabhapati of the Panchayat Samiti concerned and a new Sabhapati shall be elected by the Panchayat Samiti in accordance with the provisions of this Act.'.]]
### 146. [ Motion of no confidence or Removal of Sabhadhipati or Sahakari Sabhadhipati.
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(1) Subject to other provisions of this section, the Sabhadhipati or the Sahakari Sabhadhipati of the Zilla Parishad may, at any time, removed from his office by the majority of the existing Sabhadhipati. members of the Zilla Parishad, referred to in clause (ii) of subsection (2) of section 140, expressing their lack of confidence against the Sabhadhipati or the Sahakari Sabhadhipati or recording their decision to remove the Sabhadhipati or the Sahakari Sabhadhipati, at a meeting specially convened for the purpose.
(2) For the purpose of removal of the Sabhadhipati or the Sahakari Sabhadhipati, one-third of the existing members referred to in sub-section (1) shall sign a motion in writing expressing their lack of confidence against the Sabhadhipati or the Sahakari Sabhadhipati or recording their intention to remove the Sabhadhipati or the Sahakari Sabhadhipati, indicating party affiliation or independent status of each of such members and either deliver the motion in person through any of the members or send it by registered post to the prescribed authority; one copy of the motion shall be delivered to the concerned office bearer either by hand or by registered post at the Zilla Parishad office and another copy shall be sent by registered post at his residential address.
(3) The prescribed authority on receipt of the motion shall satisfy himself that it conforms to the requirements of sub-section (2) and on his satisfaction shall specially convene, by issue of notice, within five working days of the receipt of the motion, a meeting of the Zilla Parishad to be held in its office fixing date and hour of the meeting and sending such notice at least before clear seven days to each of its existing members for consideration of the motion and for taking a decision on it.
(4) The meeting referred to in sub-section (3) shall be held on a working day which shall not be later than fifteen working days from the date of receipt of the motion by the prescribed authority and the meeting so convened shall not be adjourned or cancelled except in pursuance of an order or direction of a competent court or for any other reason beyond control of the prescribed authority.
(5) Such meeting shall be presided over by an officer, as may be authorized by the prescribed authority, in the manner as may be directed by order by the State Government or as may be prescribed and the presiding officer before commencement of the meeting shall ensure that notice has been duly served to every member in the manner laid down in this behalf; quorum required for such meeting shall be more than fifty percent of the existing members referred to in sub-section (1) and the presiding officer shall not be entitled to vote at the meeting although he may advise on one or more points of law without expressing his own views.
(6) If there is no consensus decision in the meeting, voting shall be held by open ballot wherein each participating member shall put his full signature or his left thumb impression to be attested by the leader, referred to in section 213A, of the same political party to which the member belongs or by the presiding officer on the reverse side of the ballot paper.
(7) The minutes of the meeting shall be written by the Secretary or in his absence, by any other official as authorized by the presiding officer. Such minutes shall record in brief names of the members present, the procedure followed, names of the members who voted for or against the motion and the decision adopted unanimously or by the majority of its existing members and shall be signed by him as well as by the presiding officer.
(8) After the minutes of the meeting is signed by the presiding officer, it shall be read over to all the attending members who shall thereafter put their signatures or left thumb impressions as the case may be on the minutes in confirmation of the proceedings recorded. Then the presiding officer shall again put his signature on the same document after recording the names of members, if any, who have declined to sign or left earlier and thereafter he shall collect a copy of the minutes before leaving the premises.
(9) Within three working days of the meeting, the Executive Officer or in his absence the Additional Executive Officer of the Zilla Parishad shall forward a copy of the minutes of the meeting to the prescribed authority. The presiding officer shall also submit a separate report in writing alongwith a copy of the minutes of the meeting within the aforesaid time to the prescribed authority.
(10) On receipt of the minutes of the meeting and the report under subsection (9), the prescribed authority shall take such action as he may deem fit within next five working days and the entire process commencing from submission of motion to the prescribed authority upto the action finally taken by him shall be completed within thirty days.
(11) If the motion is not carried by the majority of its existing members or the meeting cannot be held for want of quorum, no notice of any subsequent motion for the removal of the same office bearer shall be taken into congnizance within a period of one year from the date appointed for such meeting.
(12) Notwithstanding anything contained in sub-section (1), no meeting for removal of the Sabhadhipati or the Sahakari Sabhadhipati under this section shall be convened within a period of one year from the date of election of the Sabhadhipati or the Sahakari Sabhadhipati either at the first meeting following reconstitution of Zilla Parishad or for filling a casual vacancy in the said office.]
### 147. Filling of casual vacancies in the office of Sabhadhipati or Sahakari Sabhadhipati.
- In the event of removal of a Sabhadhipati or a Sahakari Sabhadhipati under section 146 or when a vacancy occurs in the office of a Sabhadhipati or a Sahakari Sabhadhipati by resignation, death or otherwise, the Zilla Parishad shall elect another Sabhadhipati or Sahakari Sabhadhipati in the prescribed manner.
### 148. Filling of casual vacancy in the place of an elected member.
- If the office of a member of a Zilla Parishad becomes vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled by election in the prescribed manner.
### 149. Term of office of Sabhadhipati, Sahakari Sabhadhipati or member filling casual vacancy.
- Every Sabhadhipati or Sahakari Sabhadhipati, elected under section 147 and every member elected under section 148 to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the person in whose place he becomes a member.
### 150. Meetings of Zilla Parishad.
(1) Every Zilla Parishad shall hold a meeting [in its office at least once in every three months on such date and at such hour as the Zilla Parishad may fix at the immediately preceding meeting:]
[Words 'In every three months' first substituted for the words 'in a month' by W.B. Act 42 of 1978, then the words within third brackets substituted for the words 'at least once in every three months at such time and at such place within the local limits of the district concerned as the Zilla Parishad may fix at the immediately preceding meeting :' by W.B. Act 37 of 1984.]
Provided that the first meeting of a newly-constituted Zilla Parishad shall be held at such time and at such place within the local limits of the district concerned, as the prescribed authority may fix:
Provided further that the Sabhadhipati when required in writing by one-fifth of the members of the Zilla Parishad to call a meeting [shall do so fixing the date and hour of the meeting]
[Words substituted for the words 'shall do within seven days,' by W.B. Act 37 of 1984.]
[to be held within fifteen days after giving intimation to the prescribed authority and seven days' notice to the members of the Zilla Parishad,]
[Words inserted by W.B. Act 15 of 1997.]
failing which the members aforesaid may call a meeting [to be held]
[Words inserted by W.B. Act 15 of 1997.]
[within thirty-five days]
[Words inserted by W.B. Act 17 of 1992.]
after giving intimation to the prescribed authority and seven clear days' notice to the Sabhadhipati and the other members of the Zilla Parishad. Such meeting shall be held [in the office of the Zilla Parishad on such date and at such hour]
[Words substituted for the words 'at such place within the local limits of the district concerned' by W. B. Act 37 of 1984.]
as the members calling the meeting may decide. [The prescribed authority may appoint an observer for such meeting who shall submit to the prescribed authority a report in writing duly signed by him within a week of the meeting on the proceedings of the meeting. The prescribed authority shall, on receipt of the report, take such action thereon as it may deem fit:]
[Words inserted by W.B. Act 37 of 1984.]
[\*\*\*]
[Omitted 'Provisio' by W.B. Act No. 8 of 2010, dated 13.5.2010.]
[Provided also that if the Zilla Parishad does not fix at any meeting the date and hour of its next meeting or if any meeting is not held on the date and hour fixed at the immediately preceding meeting, the Sabhadhipati shall call a meeting of Zilla Parishad on such date and at such hour as he thinks fit]
[Proviso inserted by W.B. Act 37 of 1984.]
.
(2) The Sabhadhipati or in his absence the Sahakari Sabhadhipati shall preside at the meeting of the Zilla Parishad and in the absence of both [or in the refusal of any or both to preside at a meeting]
[Words inserted by W.B. Act 2 of 1995. w.e.f. 28.12.1994.]
, the members present shall elect one of them to be the President of the meeting.
(3) One-fourth of the total number of members of the Zilla Parishad shall form a quorum for a meeting of a Zilla Parishad:
Provided that no quorum shall be necessary for an adjourned meeting.
(4) All questions coming before a Zilla Parishad shall be decided by a majority of votes:
Provided that in case of equality of votes the person presiding shall have a second or casting vote:
[Provided further that in case of any requisitioned meeting the person presiding shall have no second or casting vote.]
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(5) [The Executive Officer and the Additional Executive Officer]
[Words substituted for the words 'The Executive Officer' by W.B. Act 37 of 1984.]
of a Zilla Parishad shall attend meetings of the Zilla Parishad and shall participate in the deliberations thereof:
[Provided that if for any reason the Executive Officer]
[Proviso inserted by W.B. Act 10 of 1979.]
[and the Additional Executive Officer]
[Words inserted by W.B. Act 37 of 1984.]
cannot attend any meeting of the Zilla Parishad Words [the Executive Officer shall]
[substituted for the words 'he shall' by W.B. Act 37 of 1984.]
depute the Secretary of the Zilla Parishad to attend such meeting.
### 151. List of business to be transacted at a meeting.
- A list of the business to be transacted at every meeting of a Zilla Parishad except at an adjourned meeting, shall be sent to each member of the Zilla Parishad in the manner prescribed, at least seven days before the time fixed for such meeting and no business shall be brought before or transacted at any meeting other than the business of which notice has been so given except with the approval of the majority of the members present at such meeting:
Provided that if the Sabhadhipati thinks that a situation has arisen for which an emergent meeting of the Zilla Parishad should be called, he may call such meeting after giving three days' notice to the members:
Provided further that not more than one matter shall be included in the list of business to be transacted at such meeting.
### 152. Report on the work of Zilla Parishad.
- The Zilla Parishad shall prepare and submit annually in the prescribed manner a report on the work done during the previous year and the work proposed to be done during the following year to the prescribed authority within the prescribed time.
Chapter XIV
Powers, functions and duties of Zilla Parishad
---------------------------------------------------------------
### 153. Powers of Zilla Parishad.
- [A Zilla Parishad shall function as a unit of self-government and, in order to achieve economic development and secure social justice for all, shall prepare -
(i) a development plan for the five-year term of the office of the members, and
(ii) an annual plan for each year by the month of January of the preceding year,
in furtherance of its objective of development of the community as a whole and socio-economic upliftment of the individual members of the community and, without prejudice to the generality of the above provisions, shall have power to -]
[Words, figures and brackets substituted for the words 'Subject to any general or special directions of the State Government, a Zilla Parishad shall have the power to' by W.B. Act 18 of 1994.]
(a) [(i) undertake schemes or adopt measures, including the giving of financial assistance, relating to the development of agriculture, fisheries, live-stock, khadi, cottage and small-scale industries, co-operative movement, rural credit, water-supply, irrigation and minor irrigation including water management and watershed development, public health and sanitation including establishment and maintenance of dispensaries and hospitals, communication, primary and secondary education, adult and non-formal education, physical education and games and sports, welfare of students, social forestry and farm forestry including fuel and fodder, rural electrification including distribution, non-conventional energy sources, women and child development, social welfare and other objects of general public utility,] [[Sub-clause (i) substituted by W.B. Act 18 of 1994. which was earlier as under:-
'(i) undertake schemes or adopt measures. Including the giving of financial assistance, relating to the development of agriculture, livestock. Industries, co-operative movement, rural credit, water-supply, irrigation, public health and sanitation including establishment of dispensaries and hospitals, communications, primary, secondary and adult education including welfare of students, social welfare and other objects of general public utility.'.]]
(ii) undertake execution of any scheme, performance of any act, or management of any institution or organisation entrusted to it by the State Government or any other authority,
[Provided that without prejudice to the terms and conditions laid down in the guidelines relating to a poverty alleviation programme in which beneficiaries are selected not on the basis of entitlement or demand but using discretion of the Panchayat body concerned, the implementing agency shall take steps to ensure that as nearly as possible three percent of the total number of beneficiaries for such programme shall constitute people with any form of disability.]
[Added by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(iii) manage or maintain any work of public utility or any institution vested in it or under its control and management,
(iv) make grants-in-aid of any school, public library, public institution or public welfare organisation within the district,
(v) contribute such sums as may be agreed upon towards the cost of maintenance of any institutions, situated outside the district, which are beneficial to, and habitually used by, the inhabitants of the district,
(vi) establish scholarships or award stipends within the State for the furtherance of technical or other special forms of education,
(vii) acquire and maintain village hats and markets;
(b) make grants to the Panchayat Samitis or Gram Panchayats;
(c) contribute, with the approval of the State Government, such sum or sums as it may decide, towards the cost of waster-supply or anti-epidemic measures undertaken by the commissioners of a municipality within the district;
(d) adopt measures for the relief of distress;
(e) co-ordinate and integrate the development plans and schemes prepared by Panchayat Samitis in the district; and
[\* \* \* \* \* \*] [[Clause (f) omitted by W.B. Act 18 of 1994, which was as under:-
'(f) examine and sanction the budget estimates of Panchayat Samitis in the district.'.]]
(2) A Zilla Parishad shall have the power to advise the State Government on all matters relating to the development work among Gram Panchayats and Panchayat Samitis.
(3) Notwithstanding anything in sub-section (1), a Zilla Parishad shall not undertake or execute any scheme confined to a block unless the implementation of such a scheme is beyond the competence of the Panchayat Samiti concerned financially or otherwise. In the latter case the Zilla Parishad may execute the scheme itself or entrust its execution to the Panchayat Samiti and give it such assistance as may be required:
[Provided that a Zilla Parishad may undertake or execute any scheme referred to in sub-clause (ii) of clause (a) of sub-section (1) confined to an area over which a Panchayat Samiti has jurisdiction]
[Proviso to sub-section (3) of section 153 inserted by W.B. Act 37 of 1914.]
.
(4) A Zilla Parishad may undertake or execute any scheme if it extends to more than one Block.
### 154. Zilla Parishad to have powers of Magistrate in district to which the Vaccination Act extends.
- In a district to which the Bengal Vaccination Act, 1880, has been, or may hereafter be extended, the Zilla Parishad shall exercise all or any of the powers exercisable by the Magistrate of the district under section 25 of the said Act.
### 155. State Government may place other property under Zilla Parishad.
- The State Government may from time to time, with the consent of the Zilla Parishad, place any road, bridge, ferry, channel, building or other property vested in the State Government and situated within the district under the control and management of the Zilla Parishad subject to such conditions as it may specify:
[Provided that the Government may, after considering the views of the Zilla Parishad, withdraw such control and management to itself subject to such conditions as it may specify]
[Proviso to Section 155 inserted by W.B. Act 37 of 1984.]
.
### 156. Control and maintenance of roads which run through a municipality.
- The State Government may, notwithstanding anything contained in the Bengal Municipal Act, 1932, direct, after consultation with the commissioners of a municipality, that the control and maintenance of any road part of which runs through a municipality and is vested in the commissioners of such municipality shall be taken over by the Zilla Parishad and that the commissioners of such municipality shall make such contribution for the maintenance of the road as may be agreed upon or as may be fixed by the State Government in the absence of agreement. On such direction being given the commissioners of the municipality shall cease to control and maintain such portion of the road as lies within such municipality.
### 157. Zilla Parishad may take over works.
- A Zilla Parishad may take over the maintenance and control of any road, bridge, tank, ghat, well, channel or drain, belonging to a private owner or any other authority on such terms as may be agreed upon.
### 158. Power of Zilla Parishad to divert, discontinue or close road.
- A Zilla Parishad may divert, discontinue or close temporarily any road, which is under its control and management or is vested in it, and may, with the approval of the State Government, close any such road permanently.
### 159. Power of Zilla Parishad to transfer roads to the State Government or Panchayat Samiti.
- A Zilla Parishad may transfer to the State Government, the commissioners of a municipality, a Panchayat Samiti or a Gram Panchayat any road or part of a road or any other property which is under its control or management or which is vested in it, on such terms and conditions as may be agreed upon.
### 160. Vesting of Zilla Parishad with certain powers.
(1) A Zilla Parishad may be vested by the State Government with such powers under any local or special Act as the State Government may think fit.
(2) A Zilla Parishad shall perform such functions as may be transferred to it by notification under section 31 of the Cattle-trespass Act, 1871.
(3) A Zilla Parishad shall exercise such other powers, perform such other functions or discharge such other duties as the State Government may, by general or special order, direct.
### 161. Joint execution of schemes by two or more Zilla Parishads.
- The Zilla Parishads of two or more adjacent districts may jointly undertake and execute at common cost any development scheme or project or may jointly establish a common ferry on such terms and conditions as may be agreed upon, and in case of any difference as to the interpretation of such terms and conditions the matter shall be referred to the State Government whose decision shall be final.
### 162. Power of Zilla Parishad to grant licence for fair or mela.
- A Zilla Parishad may require the owner or the lessee of a fair or mela or an owner or a lessee of land intending to hold a fair or mela thereon to obtain a licence in this behalf from the Zilla Parishad on such terms and conditions as may be prescribed and on payment of a fee for such licence.
### 163. Power of supervision by Zilla Parishad over the Panchayat Samitis.
- [(1) A Zilla Parishad shall exercise general powers of supervision over Panchayat Samitis and Gram Panchayats in the district and it shall be the duty of these authorities to give effect to any directions of the Zilla Parishad]
[Section 163 renumbered as sub-Section (1) of that Section and sub-Section(2) inserted by W. B. Act 37 of 1984.]
[\* \* \* \* \*]
[Words 'on matters of policy or planning for development' omitted by W.B. Act 37 of 1984.]
.
(2) A Zilla Parishad may -
[(a) inspect, or cause to be inspected, any immovable property used or occupied by a Panchayat Samiti under it or any work in progress under the direction of the Panchayat Samiti,
(b) inspect or examine, or depute an officer to inspect or examine, any department of the Panchayat Samiti, or any service, work or thing under the control of the Panchayat Samiti,
(c) inspect or cause to be inspected utilisation of funds in respect of schemes or programmes assigned to the Panchayat Samiti by the State Government for execution either directly or through the Zilla Parishad,
(d) require a Panchayat Samiti, for the purpose of inspection or examination, -
(i) to produce any book, record, correspondence or other documents, or
(ii) to furnish any return, plan, estimate, statement, accounts or statistics, or
(iii) to furnish or obtain any report or information.]
(3) Notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Act, a Zilla Parishad may -
[(a) require a Panchayat Samiti or Gram Panchayat to take into consideration any objection which appears to it to exist to the doing of anything which is about to be done or is being done by such Panchayat Samiti or Gram Panchayat or any information which appears to it to necessitate the doing of anything by such Panchayat Samiti or Gram Panchayat within such period as it may fix;
(b) direct a Panchayat Samiti or Gram Panchayat to discharge any duty under this Act within a specified period if such Panchayat Samiti or Gram Panchayat fails to discharge such duty in accordance with the provisions of this Act and, if such duty is not discharged within the period as aforesaid, appoint any person or persons or authority to discharge such duty and direct that the expenses thereof shall be paid by the Panchayat Samiti or the Gram Panchayat concerned within such period as it may fix:
Provided that such person or persons or authority shall, for the purpose of discharging the duty as aforesaid, exercise such of the powers under this Act as might have been exercised by the Panchayat Samiti or the Gram Panchayat concerned while discharging such duty;
(c) direct a Panchayat Samiti or Gram Panchayat to levy any tax, toll, fee or rate, if it fails to do so in accordance with the provisions of this Act;
(d) call for meetings of a Panchayat Samiti or any of its Sthayee Samitis or a Gram Panchayat if no meeting of such Panchayat Samiti or Sthayee Samiti or Gram Panchayat is held in accordance with the provisions of this Act or the rules made thereunder.]
(4) [ When a Zilla Parishad takes any action or issues any direction in respect of any Gram Panchayat, such action may be taken and such direction may be issued though and with the assistance of the Panchayat Samiti having jurisdiction.]
[Sub-Sections (3) , (4) and (5) inserted by W. B. Act 17 of 1992.]
(5) [ A Panchayat Samiti or Gram Panchayat, as the case may be, may appeal to the State Government against any direction under clause (b) of sub-section (3) within thirty days from the date of such direction, and the decision of the State Government on such appeal shall be final.]
[Sub-Sections (3) , (4) and (5) inserted by W. B. Act 17 of 1992.]
### 163A. Zilla Sansad and its constitution.
[Section 163A inserted by W.B. Act
[8 of 2003
.]
(1) Every Zilla Parishad shall have a Zilla Sansad consisting of the following members:-
(a) Pradhans of all Gram Panchayats,
(b) Sabhapatis, Sahakari Sabhapatis and Karmadhyakshas of all Panchayat Samitis comprising the Zilla Parishad,
(c) and all members of that Zilla Parishad.
(2) A Zilla Parishad shall hold an annual and a half-yearly meeting of such Sansad at such time and place in such manner, as may be prescribed.
(3) One-tenth of the total number of members shall form a quorum for a meeting of a Zilla Sansad:
Provided that if no quorum is available for such meeting, the meeting shall be adjourned to be held at the same time and place on the seventh day from the date of such meeting in the manner as may be prescribed.
(4) A meeting of the Zilla Sansad shall be presided over by the Sabhadhipati and in his absence by the Sahakari Sabhadhipati of the Zilla Parishad.
(5) The Zilla Sansad shall guide and advise the Zilla Parishad for all matters relating to development including preparation of annual plan and budget, implementation of development programmes,, schemes or projects and undertaking such activities for economic development and for ensuring social justice as are undertaken or proposed to be undertaken by Zilla Parishad:
Provided that for such guidance and advice, any member of the Zilla Sansad on receipt of the notice for any such meeting, may demand in writing to the Executive Officer for placement of any document such as last report on inspection of accounts of the funds of the Zilla Parishad by the Audit team, budget, Annual Action Plan and on receipt of such demand the Executive Officer with the consent of the Sabhapati, shall place such documents in the meeting for deliberation:
Provided further that the deliberation, recommendations and observations passed in the meeting of the Zilla Sansad, shall be considered in the meeting of Zilla Parishad as soon as possible within one month from the date of meeting of the Zilla Sansad and the decision of the Zilla Parishad along with the action-taken report shall be placed in the next meeting of the Zilla Sansad.]
[Sub-Sections (3) , (4) and (5) inserted by W. B. Act 17 of 1992.]
### 164. Exemption of Sabhadhipati and members of Zilla Parishad from attending registration office.
- Notwithstanding anything contained in the Registration Act, 1908, or any rules made thereunder, the registering officer shall, on the requisition of the Sabhadhipati made in writing and under the common seal of the Zilla Parishad, register a document executed by the Sabhadhipati or a member of the Zilla Parishad on behalf of the Zilla Parishad without requiring the presence of the Sabhadhipati or the member concerned at the registration office.
### 165. Powers, functions and duties of Sabhadhipati and Sahakari Sabhadhipati.
(1) The Sabhadhipati shall -
(a) be responsible for the maintenance of the records of the Zilla Parishad;
(b) have general responsibility for the financial and executive administration of the Zilla Parishad;
(c) exercise administrative supervision and control over all officers and other employees of the Zilla Parishad and the officers and employees whose services may be placed at the disposal of the Zilla Parishad by the State Government;
(d) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Zilla Parishad under this Act or the rules made thereunder:
Provided that the Sabhadhipati shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged by the Zilla Parishad at a meeting;
(e) exercise such other powers, perform such other functions and discharge such other duties as the Zilla Parishad may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.
[Explanation. - For the purpose of discharge of responsibilities and exercise of administrative supervision and control, the Sabhadhipati shall rely on the Executive Officer referred to in section 166 and shall generally act through him.]
['Explanation' inserted by W.B. Act 15 of 1997.]
(2) The Sahakari Sabhadhipati shall -
(a) exercise such of the powers, perform such of the functions and discharge such of the duties of the Sabhadhipati as the Sabhadhipati may from time to time, subject to rules made in this behalf by the State Government, delegate to him by order in writing:
Provided that the Sabhadhipati may at any time withdraw the powers and functions delegated to the Sahakari Sabhadhipati;
(b) during the absence of the Sabhadhipati, exercise all the powers, perform all the functions and discharge all the duties of the Sabhadhipati.
(c) [ exercise such other powers, perform such other functions and discharge such other duties as the Zilla Parishad may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.]
[Clause (c) inserted by W.B. Act 37 of 1984.]
Chapter XV
Establishment of the Zilla Parishad
---------------------------------------------------
### 166. Staff of the Zilla Parishad.
- [(1) (a) There shall be an Executive Officer for every Zilla Parishad appointed by the State Government on such terms and conditions as may be prescribed.
(b) If a Zilla Parishad is of the opinion that its Executive Officer is consistently failing in discharging his duties and responsibilities in accordance with law, it may pass a resolution in a meeting specially convened for the purpose, supported by the majority of the existing members referred to in sub-section (2) of section 140, and shall bring the matter to the notice of the Divisional Commissioner with a request to take appropriate remedial measures within one month from the date of communication of such resolution.
(c) If the Zilla Parishad feels that no action has been taken by the Divisional Commissioner to remedy the situation or the action so far taken has not improved the situation within the next two months, the Zilla Parishad may, at a meeting specially convened for the purpose, adopt a resolution supported by the majority of the existing members referred to in clause (b) to recall the Executive Officer adducing the reasons for such decision of the Zilla Parishad and such resolution shall be sent to the State Government with a copy to the Divisional Commissioner.
(d) On receipt of the resolution under clause (c), the State Government shall enquire into the circumstances and satisfy itself about the justification of such resolution before recalling such officer:
Provided that if after enquiry the State Government is not satisfied about the propriety of recalling such officer, it may initiate procedure under section 209 to rescind the resolution.]
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(1A)
[ The State Government may appoint an Additional Executive Officer for a Zilla Parishad on such terms and conditions as may be prescribed:
Provided that any person so appointed shall be recalled by the State Government if a resolution to that effect is passed by the Zilla Parishad, at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being.]
[Sub-Sections (1A) and (1B) inserted by W.B. Act 34 of 1980.]
(1B)
[ The Additional Executive Officer shall, subject to the provisions of this Act, exercise such powers, perform such functions, and discharge such duties, of the Executive Officer as the State Government may, from time to time, direct.]
[Sub-Sections (1A) and (1B) inserted by W.B. Act 34 of 1980.]
(2) [ The State Government may appoint a Secretary for a Zilla Parishad on such terms and conditions as may be prescribed.] [[Sub-Section (2) substituted by W.B. Act 37 of 1984, which was earlier as under:-
'(2) There shall be a Secretary of the Zilla Parishad to be appointed by the Zilla Parishad :
Provided that the State Government shall appoint the Secretary of a Zilla Parishad for the period of the first five years from the date of the constitution of the Zilla Parishad under sub-section (1) of section 140.'.]]
[Subject to such rules as may be made by the State Government, a Zilla Parishad may appoint such other officers and employees as may be required by it and may fix the salaries to be paid to the persons so appointed:]
[(3) Words substituted for the words 'A Zilla Parishad' by W.B. Act 37 of 1984.]
Provided that no post shall be created or abolished and no revision of the scale of pay of any post shall be made by the Zilla Parishad without the prior approval of the State Government:
[Provided further that subject to the decision of the Zilla Parishad, the orders relating to appointment and other service matters concerning any post under the Zilla Parishad shall be issued by or on behalf of the Executive Officer]
[Proviso inserted by W.B. Act 15 of 1997.]
.
(4) [ The State Government shall make rules relating to the method of recruitment and the terms and conditions of service including the pay and allowances, superannuation, provident fund and gratuity of the employees of the Zilla Parishad]
[Sub-Section (4) inserted by W.B. Act 37 of 1984.]
.
### 167. Placing the services of State Government officers at the disposal of the Zilla Parishad.
- The State Government may place at the disposal of the Zilla Parishad the services of such officers or other employees serving under it [and on such terms and conditions]
[Words inserted by W.B. Act 37 of 1984.]
as it may think fit:
Provided that any such officer or employee shall be recalled by the State Government if a resolution to that effect is passed by the Zilla Parishad, at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being:
Provided further that the State Government shall have disciplinary control over such officers and employees.
### 168. Control and punishment of the Staff of the Zilla Parishad.
(1) The Executive Officer shall exercise general control over all officers and other employees of the Zilla Parishad.
(2) The Executive Officer may award any punishment other than dismissal, removal or reduction in rank to an officer or employee [of a Zilla Parishad]
[Words substituted for the words 'holding a post carrying a monthly salary of less than rupees three hundred' by W. B. Act 37 of 1984.]
.
(3) The Executive Officer may recommend the dismissal, removal or reduction in rank of an officer or employee [of a Zilla Parishad]
[Words substituted for the words 'holding a post carrying a monthly salary of less than rupees three hundred' by W.B. Act 37 of 1984.]
to the [Artha, Sanstha, Unnayan O Parikalpana]
[Words substituted for the words 'Artha O Sanstha' by W.B. Act 37 of 1984.]
Sthayee Samiti and such Samiti shall forward the case to the Zilla Parishad with its own recommendation. The Zilla Parishad may, if it is satisfied with such recommendation of the [Artha, Sanstha, Unnayan O Parikalpana]
[Words substituted for the words 'Artha O Sanstha' by W.B. Act 37 of 1984.]
Sthayee Samiti, dismiss, remove or reduce in rank any such officer or employee.
(4) No officer or other employee [of a Zilla Parishad]
[Words substituted for the words 'holding a post carrying a monthly salary of less than rupees three hundred or more' by W.B. Act 37 of 1984.]
shall be punished by the Zilla Parishad except by a resolution of the Zilla Parishad passed at a meeting.
### 169. Appeal.
(1) An appeal shall lie to the Zilla Parishad against an order of punishment awarded by the Executive Officer under sub-section (2) of section 168 within one month from the date of that order.
(2) An appeal shall lie to the State Government against an order of punishment awarded by the Zilla Parishad under sub-section (3) or (4) of section 168 within one month from the date of that order.
### 170. Exercise of powers, etc., by the officers and employees.
- Subject to the provisions of this Act and the rules framed thereunder and to any general or special directions given by the State Government in that behalf, the officers and other employees employed by the Zilla Parishad and the officers and other employees whose services have been placed at the disposal of the Zilla Parishad, shall exercise such powers, perform such functions and discharge such duties as the Zilla Parishad may determine.
Chapter XVI
Sthayee Samitis of the Zilla Parishad
------------------------------------------------------
### 171. Sthayee Samiti.
(1) A Zilla Parishad shall have the following Sthayee Samitis, namely:-
(i) [Artha, Sanstha, Unnayan O Parikalpana]
[Words substituted for the words 'Artha O Sanstha' by W.B. Act 37 of 1984.]
Sthayee Samiti;
(ii) [Janasasthay O Paribesh]
[ Words substituted for the word 'Janasasthya' by W.B. Act 17 of 1992.]
Sthayee Samiti;
(iii) Purta Karya [O Paribahan]
[Words inserted by W.B. Act 17 of 1992.]
Sthayee Samiti;
(iv) Krishi Sech O Samabaya Sthayee Samiti;
(v) [Shiksha, Sanskriti, Tathya O Krira]
[Words substituted for the word 'Shiksha' by W.B. Act 17 of 1992.]
Sthayee Samiti;
(vi) [Sishu O Nari Unnayan, Janakalyan O Tran]
[Words substituted for the words 'Khudra Silpa, Tran O Janakalyan' by W.B. Act 15 of 1997.]
Sthayee Samiti;
(via) [ Bon O Bhumi Sanskar Sthayee Samiti]
[Clauses (via) to (vid) inserted by W.B. Act 17 of 1992.]
;
(vib) [ Matsya O Prani Sampad Bikash Sthayee Samiti]
[Clauses (via) to (vid) inserted by W.B. Act 17 of 1992.]
;
(vic) [ Khadya O Sarbaraha Sthayee Samiti]
[Clauses (via) to (vid) inserted by W.B. Act 17 of 1992.]
;
(vid) []
[Clauses (via) to (vid) inserted by W.B. Act 17 of 1992.]
[Khudra Shilpa, Bidyut O Achiracharit Shakti]
[Words substituted for the words 'Bidyat O Achiracharit Shakti' by W.B. Act 15 of 1997.]
Sthayee Samiti;
(vii) such other Samiti or Samitis as the Zilla Parishad may, subject to the approval of the State Government, constitute.
(2) A Sthayee Samiti shall consist of the following members, namely:-
(a) the Sabhadhipati [and Sahakari Sabhadhipati]
[Words inserted by W.B. Act 17 of 1992.]
, ex officio;
(b) [without prejudice to the provisions in clause (ba),]
Words, letters and brackets inserted by W.B. Act
[8 of 2003
.]
not less than three and not more than five persons to be elected in the prescribed manner by the members of the Zilla Parishad from among themselves;
(ba) [ in Artha Sansthd Unnayan O Parikalpana Sthayee Samiti, Karmadhyakshas elected in other Sthayee Samitis as referred to in sub-section (1), shall be members ex officio and no member shall be elected in the manner referred to in clause (b):]
Clauses (ba) to (bc) inserted by W.B. Act
[8 of 2003
.]
(bb) [ Leader of the recognized political party in opposition having largest number of members in the Zilla Parishad in comparison with other recognized political parties in opposition, shall be a member of the Artha, Sanstha, Unnayan O Parikalpana Sthayee Samiti]
Clauses (ba) to (bc) inserted by W.B. Act
[8 of 2003
.]
;
(bc) [ one member from each recognized political party in opposition shall be a member of the Sthayee Samiti other than]
Clauses (ba) to (bc) inserted by W.B. Act
[8 of 2003
.]
[the Artha Sanstha Unnayan O Parikalpana Sthayee Samiti, if no member in opposition is elected in a Sthayee Samiti referred to in clause (b) :]
[Words substituted for the words 'the Artha, Sanstha, Unnayan O Parikalpana Sthayee Samiti:' by W.B. Act 31 of 2003.]
Provided that the members selected from the recognized political party having larger number of members in the Zilla Parishad shall be the member of the Sthayee Samiti placed higher in the consecutive order in sub-section (1) :
Provided further that if the number of recognized [political]
[Word inserted by W.B. Act 31 of 2003.]
parties in opposition is less than the number of Sthayee Samitis, the independent candidates in opposition in Zilla Parishad shall be members of the Sthayee Samitis for which no member of the recognized political parties are available and the member senior in age shall be placed as member in the Sthayee Samiti placed higher in the order of sub-section (1) :
Provided also that if the member of recognized political parties added with number of independent members falls short of the number of Sthayee Samitis, one additional member from each such political party in opposition in the Zilla Parishad, shall be chosen for membership in the Sthayee Samitis where no member in terms of this clause has been provided and the same sequential order shall be followed for placement of a member in a Sthayee Samiti and such process shall be repeated until all Sthayee Samitis have one member under this clause :
Provided also that a member in opposition may be a member of more than two Sthayee Samitis if in a term of general election, not more than four members in opposition, either representing a recognized political party or independent, are elected in the Zilla Parishad :
Provided also that the members of the recognized political party shall jointly decide and intimate the Executive Officer of the Zilla Parishad by a letter under signature of all such members, the name of the member or members who shall represent the party as member of the Sthayee Samiti and in case of an independent member the Executive Officer shall determine the membership in each Sthayee Samiti:
Provided also that the Executive Officer shall place the entire matter of membership under this clause in a meeting of the Zilla Parishad as early as possible in the next meeting.
[Explanation. - For the purpose of this clause, a member of the Zilla Parishad shall be considered a member in opposition if in the election of the Sabhadhipati under section 143, he did not cast his vote in favour of the winning candidate or has abstained himself from casting his vote in the said election;]
['Explanation' inserted by W.B. Act 31 of 2003.]
(c) [ such number of persons being officers of the State Government or of any statutory body or corporation or being eminent persons having specialised knowledge as the State Government may think fit, appointed by the State Government:] [[Clause (c) substituted by W.B. Act 17 of 1992, which was earlier as under:-
'(c) not more than five persons, being officers of the State Government, appointed by the State Government :
Provided that such officers shall not be eligible for election as Karmadhyaksha of the Sthayee Samiti and shall not have any right to vote.'.]]
(3) [ No person, other than the Sabhadhipati or the Sahakari Sabhadhipati, shall be a member of more than two Sthayee Samitis other than the Artha Sanstha Unnayan O Parikalpana Sthayee Samit.] [[Sub-Section (3) substituted by W.B. Act 31 of 2003, which was earlier as under:-
'(3) No person, other than the Sabhadhipati or the Sahakari Sabhadhipati, shall be a member of more than two Sthayee Samitis.'.]]
(4) An elected member of a Sthayee Samiti shall hold office for a period of [five years]
[Words substituted for the words 'four years' by W.B. Act 12 of 1982, w.e.f. 4.8.1982.]
or for so long as he continues to be a member of the Zilla Parishad, whichever is earlier.
(5) The meeting of the Sthayee Samiti shall be held [in the office of the Zilla Parishad]
[Words inserted by W.B. Act 37 of 1984.]
at such time and in such manner as may be prescribed.
(6) A Sthayee Samiti shall exercise such powers, perform such functions and discharge such duties as may be prescribed or as may be assigned to it by the Zilla Parishad.
(7) The State Government may make rules providing for the removal of members of a Sthayee Samiti including the Karmadhyaksha and for filling up of casual vacancy.
### 172. Karmadhyaksha and Secretary.
(1) The members of a Sthayee Samiti shall elect, in such manner as may be prescribed, a Chairman, to be called Karmadhyaksha, from among themselves:
Provided that the members referred to in [clauses (i) , (iii) and (iv) of sub-section (2) of section 140 shall not be eligible for such election:]
[Words, brackets and figures 'clauses (iii) and (iv)' first substituted for the words, brackets, figures and letter 'sub-clauses (iti) and (iv) of clause (a)' by W.B. Act 58 of 1978, then the words, figures and brackets within third brackets substituted for the words, brackets and figures 'clauses (iii) and (iv)' by W.B. Act 37 of 1984.]
Provided further that the Sabhadhipati shall be the ex officio Karmadhyaksha of the [Artha, Sanstha, Unnayan O Parikalpana]
[Words substituted for the words 'Artha O Sanstha' by W.B. Act 37 of 1984.]
Sthayee Samiti:
[Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that on being elected, he shall not hold any office of profit during the period for which he holds or due to hold such office unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his office powers, due performance of his office functions or due discharge of his office duties:]
[Substituted by Act No. 40 of 2017, dated 16.10.2017]
[Provided also that the Karmadhyaksha for Sishu O Nari Unnayan, Janakalyan O Tran Sthayee Samiti shall be elected from among the women members of the Sthayee Samiti.]
[Added by W.B. Act No. 8 of 2010, dated 13.5.2010.]
[Provided also that after being elected to an [office of an office bearer]
[Proviso Inserted by Act No. 5 of 2014, dated 31.3.2014.]
, he shall be allowed lien or leave of absence from the place of his employment for his full tenure in such office with effect from the date of his joining to such office by the Department or authority or undertaking or aided institution of the State Government under which he holds his office of profit:]
[Section 163 renumbered as sub-Section (1) of that Section and sub-Section(2) inserted by W.B. Act 37 of 1984.]
[\* \* \* \* \* \* \*] [[Sub-Section (2) omitted by W.B. Act 37 of 1984, which was as under:-
'(2) If the Saphapati of a Panchayat Samiti is elected Karmadhyaksha of a Sthayee Samiti he shall cease to be the Sabhapati of the Panchayat Samiti, but shall, notwithstanding anything in section 140, continue to be a member of the Zilla Parishad for the full term of his office as Karmadhyaksha of the Sthayee Samiti.'.]]
(3) The Secretary of the Zilla Parishad shall act as Secretary [to the Artha, Sanstha Unnayan O Parikalpana Sthayee Samiti]
Words substituted for the words 'to all the Sthayee Samitis:' by W.B. Act
[8 of 2003
.]
:
[Provided that the members referred to in clauses]
[Proviso inserted by W.B. Act 37 of 1984.]
[(a) , (b), (ba), (bb) and (bc)]
Word, letters and brackets substituted for the word, letter and brackets '(a) and (b)' by W.B. Act
[8 of 2003
.]
of sub-section (2) of section 171 of a Sthayee Samiti may select, in such manner [as may be determined by the Sthayee Samiti in conformity with such direction as may be issued, by one or more orders, general or special, of the State Government]
Words substituted for the words 'as may be determined by the Karmadhyaksha.' by W.B. Act
[8 of 2003
.]
one of the members referred to in clause (c) of that sub-section to act as the Secretary to such Sthayee Samiti:
[Provided further that pending the selection of Secretary to a Sthayee Samiti under this clause or during any casual vacancy, in the post of the Secretary to a Sthayee Samiti, the Secretary of the Zilla Parishad shall act as Secretary to such Sthayee Samiti]
Proviso inserted by W.B. Act
[8 of 2003
.]
.
(4) [ The Secretary to each Sthayee Samiti shall, in consultation with the Karmadhyaksha, convene the meeting of that Sthayee Samity]
[Sub-Section (4) inserted by W.B. Act 37 of 1984.]
.
(5) Notwithstanding anything contained in section 165 or elsewhere in this Act, the Karmadhyaksha shall -
[(a) be responsible for the financial and executive administration in respect of the schemes and programmes [under the purview and control of the Sthayee Samiti within the budgetary provisions of the Zilla Parishad;]
(b) be entitled, in respect of the work of the Sthayee Samiti, to call for any information, return, statement, account or report from the office of the Zilla Parishad and to enter on and inspect any immovable property of the Zilla Parishad or to inspect any work in progress and connected with the functions and duties of the Sthayee Samiti;
(c) be entitled, when authorised by the Sthyaee Samiti, to require the attendance at its meeting of any officer of the Zilla Parishad;
(d) exercise such other powers, perform such other functions and discharge such other duties, as the Zilla Parishad may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.]
(6) [ The Karmadhyaksha shall be paid out of the Zilla Parishad fund such remuneration and allowances, and shall be entitled to leave of absence for such period or periods and on such terms and conditions, as the State Government may by order direct or may by rules made in this behalf, prescribe.]
[Sub-Sections (5) to (7) inserted by W.B. Act 17 of 1992.]
(7) [ Notwithstanding anything to the contrary contained in this Act, the State Government may, by an order in writing, remove a Karmadhyaksha from his office if, in its opinion, he holds any office of profit or carries on or is associated with any business, profession or calling in such manner that shall, or is likely to, interfere with due exercise of his powers, due performance of his functions or due discharge of his duties:]
[Sub-Sections (5) to (7) inserted by W.B. Act 17 of 1992.]
Provided that the State Government shall, before making any such order, give the person concerned an opportunity of making representation against the proposed order.
### 173. Resignation.
- The Karmadhyaksha or any other member of a Sthayee Samiti may resign his office by giving notice in writing to the Sabhadhipati and on such resignation being accepted by the Zilla Parishad the Karmadhayaksha or such member shall be deemed to have vacated his office.
### 174. Casual vacancy.
- When a vacancy occurs in the office of a Karmadhyaksha or a member of a Sthayee Samiti by resignation, death or otherwise, the members of the Sthyaee Samiti shall elect another Karmadhyaksha or [the members of the Zilla Parishad shall elect another]
[Words inserted by W.B. Act 37 of 1984.]
member, as the case may be, in the prescribed manner. The Karmadhyaksha or the member so elected shall hold office for the unexpired portion of the term of office of the person in whose place he becomes a member.
[Chapter XVIA]
[Chapter XVIA containing Section 174A inserted by W.B. Act 37 of 1984.]
Samanway Samiti of office bearers and Karmadhyakshas
### 174A. [[Section 174A omitted by W.B. Act
[8 of 2003
, which was as under:-
'174A. Samanway Samiti. - (1) There shall be a Samanway Samiti for every Zilla Parishad consisting of the Sabhadhipati, the Sahakari Sabhadhipati, Karmadhaykshas of all Sthayee Samitis, the Executive Officer and the Additional Executive Officer of the Zilla Parishad.
(2) The Secretary of the Zilla Parishad shall be the Secretary to the Samanway Samiti.
(3) The meeting of the Samanway Samiti shall be held at least once in a month in the office of the Zilla Parishad in such manner as may be prescribed.
(4) The Samanway Samiti shall be responsible for co-ordinating the functions between a Sthayee Samiti and the Zilla Parishad and among the different Sthayee Samitis of the Zilla Parishad and for monitoring of activities of the Panchayat Samitis in respect of the schemes funds for which are allotted by the Zilla Parishad to the Panchayat Samitis for execution of such schemes.
(5) The Samanway Samiti shall exercise such other powers, perform such other functions and discharge such other duties as may be prescribed or as may be assigned to it by the Zilla Parishad at a meeting.'.]]
\* \* \*]
[Sub-Sections (5) to (7) inserted by W.B. Act 17 of 1992.]
Chapter XVII
Property and Fund
-----------------------------------
### 175. Power to acquire, hold and dispose of property.
- A Zilla Parishad shall have the power to acquire, hold and dispose of property and to enter into contracts:
Provided that in all cases of acquisition or disposal of immovable property the Zilla Parishad shall obtain the previous approval of the State Government.
### 176. Works constructed by a Zilla Parishad to vest in it.
- All roads, buildings or other works constructed by a Zilla Parishad with its own funds shall vest in it.
### 177. Allocation of properties to Zilla Parishad.
- The State Government may allocate to a Zilla Parishad any public property situated within its jurisdiction, and thereupon, such property shall vest in and come under the control of the Zilla Parishad.
### 178. Acquisition of land for Zilla Parishad.
- Where a Zilla Parishad requires land to carry out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an application to the Collector for the acquisition of the land and the Collector may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land under the provisions of the Land Acquisition Act, 1894, and such land shall, on acquisition, vest in the Zilla Parishad.
### 179. Zilla Parishad Fund.
(1) For every Zilla Parishad there shall be constituted a Zilla Parishad Fund bearing the name of the Zilla Parishad and there shall be placed to the credit thereof -
(a) contributions and grants, if any, made by the Central or the State Government including such part of land revenue collected in the State as may be determined by the State Government;
(b) contributions and grants, if any, made by a Panchayat Samiti or any other local authority;
(c) loans, if any, granted by the Central or State Government or raised by the Zilla Parishad on security of its assets;
(d) the proceeds of road cess and public works cess levied in the district;
(e) all receipts on account of tolls, rates and fees levied by the Zilla Parishad;
(f) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of the Zilla Parishad;
(g) all sums received as gift or contribution and all income from any trust or endowment made in favour of the Zilla Parishad;
(h) such fines or penalties imposed and realised under the provisions of this Act or of the bye-laws made thereunder, as may be prescribed;
(i) money, if any, lying to the credit of the district Chowkidari reward fund constituted under section 25 of the Bengal Village Self-Government Act, 1919, the control over which rests with the District Magistrate, shall be credited by the District Magistrate to the Zilla Parishad Fund;
(j) all other sums received by or on behalf of the Zilla Parishad.
[Explanation. - A Zilla Parishad shall not receive to the credit of its fund -
(a) any loan from any individual, severally or jointly, or any member or office bearer of the Zilla Parishad, and
(b) any gift or contribution from any individual, severally or jointly, or any member or officer bearer of the Zilla Parishad save and except, in pursuance of a resolution adopted in a meeting of the Zilla Parishad accepting such gift or contribution and stating the purpose for which such gift or contribution is offered and accepted.]
(2) Every Zilla Parishad shall-
(i) set apart and apply annually such sum as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees and to the Executive Officer [the Additional Executive Officer and the Secretary or the Deputy Secretary;]
Words 'and the Additional Executive Officer' first inserted by W. B. Act 34 of 1980, then the words ', the Additional Executive Officer and the Secretary' substituted for the words' and the Additional Executive Officer' by W.B. Act 37 of 1984, then again the words within third brackets substituted for the words ', the Additional Executive Officer and the Secretary' by W.B. Act
[8 of 2003
.]
(ii) allocate the money received under clause (i) of sub-section (1) among the Gram Panchayats of the district concerned.
(3) Every Zilla Parishad shall have the power to spend such sums as it thinks fit for carrying out the purposes of this Act.
(4) The Zilla Parishad Fund shall be vested in the Zilla Parishad and the amount standing to the credit of the fund shall be kept in such custody or invested in such manner as the State Government may, from time to time, direct.
(5) Subject to such general control as the Zilla Parishad may exercise, from the time to time, all orders and cheques for payment from the Zilla Parishad Fund shall be [signed by the Executive Officer, or if authorised by the Executive Officer]
[Words within third brackets substituted for the words 'signed by the Executive Officer' by W.B. Act 10 of 1979.]
[by the Additional Executive Officer, the Secretary, the Deputy Secretary or the Financial Controller and the Chief Accounts Officer)]
Words 'by the Additional Executive Officer or the Secretary' first substituted for the words 'by the Secretary' by W. B. Act 37 of 1984, then the words 'by the Additional Executive Officer, the Secretary or the Deputy Secretary' substituted for the words 'by the Additional Executive Officer or the Secretary' by W.B. Act
[8 of 2003
, then again the words within third brackets substituted for the words ' by the Additional Executive Officer, the Secretary or the Deputy Secretary' by W.B. Act 18 of 2004.]
.
### 180. Proceeds of road cess and public works cess to be credited to the Zilla Parishad Fund.
- Notwithstanding anything to the contrary in the Cess Act, 1880, the proceeds of road cess and public works cess, if any, levied and realised in a district shall be credited to the Zilla Parishad Fund after payment of the expenses mentioned in section 109 of the said Act.
### 181. Levy of tolls, fees and rates.
(1) Subject to such maximum rates as the State Government may prescribe, a Zilla Parishad may -
(a) levy tolls on persons, vehicles or animals or any class of them at any toll-bar established by it on any road other than a kutcha road or any bridge vested in it or under its management;
(b) levy tolls in respect of any ferry established by it or under its management;
(c) levy the following fees and votes, namely:-
(i) fees on the registration of boats or vehicles;
(ii) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and melas within its jurisdiction as may be specified by the State Government by notification;
(iii) a fee for licence referred to in section 162;
(iv) a water-rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Zilla Parishad within its jurisdiction;
(v) a lighting rate, where arrangement for lighting of public streets and places is made by the Zilla Parishad within its jurisdiction.
(2) The Zilla Parishad shall not undertake registration of any vehicle or levy fee therefor and shall not provide sanitary arrangements at places of worship or pilgrimage, fairs and meals within its jurisdiction or levy fee therefor if such vehicle has already been registered by any other authority under any law for the time being in force or if such provision for sanitary arrangement has already been made by any other local authority.
(3) The scales of tolls, fees or rates and the terms and conditions for the imposition thereof shall be such as may be provided by bye-laws. Such bye-laws may provide for exemption from all or any of the tolls, fees or rates in any class of cases.
### 182. Zilla Parishad may raise loans and create a sinking fund.
- A Zilla Parishad may, subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, raise from time to time, with the approval of the State Government, loans for the purposes of this Act and create a sinking fund for the repayment of such loans.
### 182A. [ Zilla Parishad may borrow money.
[Section 182A inserted by W.B. Act 42 of 1978.]
- Notwithstanding anything contained in section 182, a Zilla Parishad may borrow money from the State Government or [\* \* \* \* \*]
['Explanation' inserted by W.B. Act 15 of 1997.]
from banks or other financial institutions, for furtherance of its objective on the basis of specific schemes as may be drawn up by the Zilla Parishad for the purpose.]
### 183. Budget of the Zilla Parishad.
(1) Every Zilla Parishad shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year [\* \* \* \*]
[Words 'and submit it to the State Government' omitted by W. B. Act 18 of 1994.]
.
(2) (a) The budget prepared under sub-section (1) shall be written in English and in vernacular of the district and copies of the budget in both the languages shall be posted in such prominent places within the district as may be prescribed, inviting objections and suggestions from the electors of the Zilla Parishad.
[(b) Copies of the budget shall be forwarded to the State Government for views, if any.
(c) The Zilla Parishad shall, within such time as may be prescribed and in a meeting specially convened for the purpose and in the presence of at least half of the existing members, consider the objections, suggestions and views, if any, and approve the budget with modifications, if any.
(d) A copy of the budget approved under clause (c) shall be forwarded to the State Government.]
(3) No expenditure shall be incurred unless the budget is approved [under clause (c) of sub-section (2). ]
[Words, figure, letter and brackets substituted for the words 'by the State Government' by W.B. Act 18 of 1994.]
### 184. Supplementary budget.
- [(1) The Zilla Parishad may prepare in each year a supplementary estimate providing for any modification of its budget and [may approve it in a meeting specially convened for the purpose and in the presence of at least half of the existing members]
[Section 184 renumbered as sub-Section (1) of that Section and sub-section (2) inserted by W.B. Act 18 of 1994.]
within such time and in such manner as may be prescribed.] [[Sub-Section (2) substituted by W.B. Act 18 of 1994, which was earlier as under:-
'(2) The State Government may, within such time as may be prescribed, either approve the budget or return it to the Zilla Parishad for such modifications as it may direct. On such modifications being made the budget shall be resubmitted within such time as may be prescribed for approval of the State Government. If the approval of the State Government is not received by the Zilla Parishad, by the last date of the year, the budget shall be deemed to be approved by the Stale Government.'.]]
(2) [ A copy of the supplementary estimate as approved under sub-section (1) shall be forwarded to the State Government.]
[Section 184 renumbered as sub-Section (1) of that Section and sub-section (2) inserted by W.B. Act 18 of 1994.]
### 185. Accounts.
- A Zilla Parishad shall keep such accounts and in such manner as may be prescribed.
[Chapter XVIIA]
[Chapter XVIIA containing sections 185A and 185B inserted by W.B. Act 20 of 1988.]
Special provision for the District of Darjeeling
### 185A. Zilla Parishad for Darjeeling to stand dissolved and consequences of dissolution.
(1) With effect from the date of coming into office of the Council, the Zilla Parishad for the district of Darjeeling constituted under this Act shall stand dissolved and the members of the Zilla Parishad shall be deemed to have vacated their offices forthwith.
(2) Upon such dissolution of the Zilla Parishad, the Council shall exercise all the powers, discharge all the duties and perform all the functions of the Zilla Parishad under this Act.
(3) Notwithstanding anything contained in sub-section (1) of this section or elsewhere in this Act, -
(a) anything done or any action taken by the Zilla Parishad under this Act prior to the coming into office of the Council, and
(b) all rules, orders, bye-laws and notifications made or issued from time to time under the provisions of the West Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963, or this Act, applicable to the Zilla Parishad,
and continuing in force immediately before the coming into office of the Council, shall, after such coming into office, continue in force in so far as they are not inconsistent with the provisions of the Darjeeling Gorkha Hill Council Act, 1988 until they are repealed or amended.
(4) Notwithstanding anything contained in section 29 of the Darjeeling Gorkha Hill Council Act, 1988, the properties, funds and liabilities of the Zilla Parishad and the officers and employees of the Zilla Parishad holding office immediately before the coming into office of the Council, shall be determined and apportioned between the Council and the Mahakuma Parishad in such manner as may be prescribed, and such determination and apportionment shall be final.
(5) An order made under sub-section (4) may contain such supplementary, incidental and consequential provisions as may be necessary to give effect to such reorganisation.
(6) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, -
[(a) no executive power referred to in section 24 of the Darjeeling Gorkha Hill Council Act, 1988, shall be exercised by a Gram Panchayat or Panchayat Samiti in the hill areas unless the Council assigns such power to such Gram Panchayat or Panchayat Samiti, as the case may be, on such terms and conditions as the Council may, by general or special direction, specify, and
(b) the State Government shall not assign any power, function or duty in relation to any matter referred to in section 207B or in any other provision of this Act to any Gram Panchayat or Panchayat Samiti in the hill areas without prior consultation with the Council and, on transfer of such power, function or duty, the Council shall have power and authority to issue any direction and adopt any measure for supervision and monitoring with respect to the exercise of such power, performance of such function and discharge of such duty by the Gram Panchayat or the Panchayat Samiti, as the case may be.]
### 185B. Mahakuma Parishad.
(1) For the sub-division of Siliguri in the district of Darjeeling the State Government shall constitute a Mahakuma Parishad bearing the name Of the sub-division.
(2) The Mahakuma Parishad shall comprise the areas of the Blocks within the sub-division excluding such mouzas of the sub-division as are comprised in the hill areas.
(3) The Mahakuma Parishad shall consist of the following members, namely:-
(i) Sabhapatis of the Panchayat Samitis within the sub-division, ex officio;
(ii) [such number of persons, not exceeding three, as may be proscribed on the basis of the number of voters in each Block within the sub-division, the Block being divided [(by the prescribed authority)]
[Words within third brackets substituted for the words 'two persons, one from each of two such constituencies comprised in the Block within the subdivision as may be specified by notification,' by W.B. Act 2 of 1995, w.e.f. 28.12.1994.]
for the purpose into constituencies in the prescribed manner,] elected by secret ballot, at such time and in such manner as may be prescribed, [from amongst the persons, whose names are included in the electoral roll [(prepared in accordance with such rules as may be made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for the purpose of an election,)]
[Words within third brackets substituted for the words 'from among themselves by persons whose names are included in the electoral roll of the West Bengal Legislative Assembly in force on the last date of nominations for Panchayat election pertaining to the constituency comprised in such Block:' by W.B. Act 17 of 1992.]
pertaining to any Block within the area of the Mahakuma Parishad, by persons whose names are included in such electoral roll pertaining to the constituency comprised in such Block :]
[Provided that seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in a Mahakuma Parishad area and the number of seats so reserved shall bear, as nearly as may be and in the manner and in accordance with such rules as may be made in this behalf by the State Government, the same proportion to the total number of seats in that Mahakuma Parishad to be filled up by election as the population of the Scheduled Castes in that Mahakuma Parishad area or of the Scheduled Tribes in that Mahakuma Praishad area, as the case may be, bears to the total population of that Mahakuma Parishad area and such seats shall be subjected to allocation by rotation, in the manner prescribed to such different constituencies having Scheduled Castes or Scheduled Tribe population which bears with the total population in that constituency not less than half of the proportion that the total Scheduled Castes population or the Scheduled Tribes population in that Mahakuma Parishad area, as the case may be, bears with the total population in the Mahakuma Parishad area]
[First to fifth provisos inserted by W.B. Act 17 of 1992.]
:
[Provided further that not less than one-third of the total number of seats reserved for the Scheduled Castes and the Scheduled Tribes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be]
[First to fifth provisos inserted by W.B. Act 17 of 1992.]
:
[Provided also that not less than one-third of the total number of seats, including the seats reserved for the Scheduled Castes and the Scheduled Tribe, in the Mahakuma Parishad shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed]
[First to fifth provisos inserted by W.B. Act 17 of 1992.]
:
[Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section [\* \* \* \* \* \* \* \* \*]
[First to fifth provisos inserted by W.B. Act 17 of 1992.]
when the number of member to be elected to the Mahakuma Parishad is determined, or when seats are reserved for the Scheduled Castes and the Scheduled Tribes in the Mahakuma Parishad, in the manner as aforesaid, the number of members so determined or the number of seats so reserved shall not be varied for three successive general elections:]
[Sub-Section (6) inserted by W.B. Act 2 of 1995, w.e.f. 28.12.1994.]
[Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no women for whom seats are reserved under this sub-section, shall, if eligible for election to the Mahakuma Parishad, be disqualified for election to any seat not so reserved]
[First to fifth provisos inserted by W.B. Act 17 of 1992.]
:
[Provided also that such division into constituencies shall be made in such manner that the ratio between the population of all the Blocks in the Mahakuma Parishad and the number of constituencies in the Mahakuma Parishad shall, so far as practicable, be the same as in any Zilla Parishad]
[Sixth to eighth provisos inserted by W.B. Act 18 of 1994.]
:
[Provided also that the State Election Commissioner may, at any time, for reasons to be recorded in writing [issue an order making fresh determination]
[Sixth to eighth provisos inserted by W.B. Act 18 of 1994.]
of the number of members in the Mahakuma Parishad or fresh reservation on rotation of the number of constituencies in the Mahakuma Parishad and, on such order being issued by the State Election Commissioner, the determination of the number of members and the reservation of the number of constituencies shall not be varied for [the next]
[Words inserted by W.B. Act 15 of 1997.]
three successive general elections:]
[Provided also that the provisions for reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India]
[Sixth to eighth provisos inserted by W.B. Act 18 of 1994.]
;
(iii) [ members of the House of the People and the Legislative Assembly of the State elected thereto from a constituency comprising the sub-division or any part thereof (excluding the part comprised in the hill areas) not being Ministers or simultaneously directly elected members of Mahakuma Parishad, ex officio.]
[Substituted by Act No. 40 of 2017, dated 16.10.2017]
(iv) members of the Council of States, not being Ministers, [registered as electors within the area of any Block]
[Words substituted for the words 'having a place of residence' by W.B. Act 18 of 1994.]
in the sub-division (excluding the place comprised in the hill areas).
(4) The Mahakuma Parishad constituted under this section shall be notified in the Official Gazette and shall come into office with effect from the date of its first meeting at which a quorum is present.
(5) The Mahakuma Parishad shall be a body corporate having perpetual succession and a common seal and shall by its corporate name sue and be sued.
(6) Notwithstanding anything contained in this Act, -
(a) anything done or any action taken by the Zilla Parishad under this Act prior to the Zilla Parishad under this Act prior to the coming into office of the Mahakuma Parishad, and
(b) all rules, orders, bye-laws and notifications made or issued from time to time under the provisions of the West Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963, or this Act, applicable to the Zilla Parishad, and continuing in force immediately before the coming into office of the Mahakuma Parishad under this Act, shall, after such coming into office, be applicable to the Mahakuma Parishad and shall continue in force in so far as they are not inconsistent with the provisions of this Act until they are repealed or amended.
(7) (a)
The Mahakuma Parishad shall have a Sthayee Samiti, namely, Artha, Sanstha, Unnayan O Parikalpana Sthayee Samiti.
(b) The Mahakuma Parishad may have such other Sthayee Samiti or Samitis as it may, subject to the approval of the State Government, constitute.
(c) A Sthayee Samiti shall consist of the following members:-
(i) the Sabhadhipati,[Sahakari Sabhadhipati]
[ Words inserted by W.B. Act 18 of 1994.]
, ex officio;
(ii) three persons to be elected in the prescribed manner by the members of the Mahakuma Parishad from among themselves;
(iii) [ such number of persons, being officers of the State Government or of any statutory body or corporation or being eminent persons having specialised knowledge, as the State Government may think fit, appointed by the State Government :] [[Sub-clause (iii) substituted by W.B. Act 18 of 1994. which was earlier as under:-
'(iii) not more than five persons, being officers of the State Government, appointed by the State Government:'.]]
Provided that such officers shall not be eligible for election as Karmadhyaksha of the Sthayee Samiti and shall not have any right to vote.
(d) No person, other than the Sabhadhipati or the Sahakari Sabhadhipati, shall be a member of more than two Sthayee Samitis.
(e) All the provisions of sub-sections (4) to (7) of section 171 and sections 172 to 174 shall apply mutatis mutandis to a Sthayee Samiti constituted under this section.
(8) All the provisions of sections 141 to 152, 153 to 165, 166 to 170, 175 to 185, 186 to 196, 196A, 196B, 197, 197A, 197B, 198 to 202, 202A, 203 to 216, 220 to 221 and 223 shall apply to the Mahakuma Parishad mutatis mutandis.
Part V – Chapter XVIII
------------------------
Audit
### 186. Audit of accounts of fund.
(1) The accounts of the funds of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad shall be examined and audited by an auditor appointed in that behalf by the State Government at such time and place, to such extent and in such manner as the State Government may prescribe.
(2) An auditor appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
### 187. Submission of accounts to audit.
- The Pradhan, the Sabhapati or the Sabhadhipati, as the case may be, shall produce, or cause to be produced, to the auditor all such accounts of the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned as may be required by the auditor.
### 188. Powers of auditors.
- [(1) For the purposes of an audit under this Act an auditor may -
(i) required in writing the production before him of any document or the supply of any information which he considers to be necessary for the proper conduct of the audit;
(ii) require in writing the personal appearance before him of any person accountable for, or having the custody or control of, any such document, or having, directly or indirectly, and whether by himself or his partner, any share or interest in any contract made with, by or on behalf of, the members of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned; and
(iii) require any person so appearing before him to make and sign a declaration in respect of any such document or to answer any question or prepare and submit any statement.]
(2) [ If any person neglects or refuses to comply with the requisition made by the auditor under sub-section (1), the auditor may, at any time, refer the matter to the Sub-divisional Officer in the case of a Gram Panchayat, or the District Magistrate in the case of a Panchayat Samiti, or the Divisional Commissioner in the case of a Zilla Parishad, having jurisdiction, and thereupon the Sub-divisional Officer or the District Magistrate or the Divisional Commissioner, as the case may be, shall be competent to issue such direction to the person neglecting or refusing to comply with the requisition made by the auditor as he may think fit, and such direction shall be binding on such person.]
[Section 188 renumbered as sub-Section (1) of that Section and sub-Section (2) inserted by W.B. Act 17 of 1992.]
### 189. Penalty.
- Any person who neglects or refuses to comply with the requisition made by the auditor under section 188, within such time as may be specified, shall, on conviction by a Court, be punishable with a fine which may extend to one hundred rupees in respect of each item included in the requisition.
### 190. Audit report.
(1) Within two months from the date on which an audit under this Act is completed, the auditor shall prepare a report and shall send the report to the Pradhan, the Sabhapati or the Sabhadhipati, as the case may be, of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad and a copy thereof to the State Government.
(2) The auditor shall append to his report a statement showing -
(a) the grants-in-aid received by the Gram Panchayat, the Panchayat Samiti or the Zilla Parished and the expenditure incurred therefrom;
(b) any material impropriety or irregularity which he may observe in the expenditure or in the recovery of the monies due to the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad or in the accounts of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad fund;
(c) any loss or wastage of money or other property owned by or vested in the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad.
### 191. Action on audit report.
(1) Within two months from the receipt of the report referred to in section 190, the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned shall, at a meeting, remedy any defect or irregularity pointed out in the report and shall also inform the auditor of the action taken by it. The Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned shall give reasons or explanations in case any defect or irregularity is not removed.
(2) If, within the period referred to in sub-section (1), no information is received by the auditor from the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned or if the reasons or explanations given by it for not remedying any defect or irregularity as aforesaid is not considered sufficient by the auditor, the auditor shall if he has not already exercised or does not propose to exercise the powers conferred upon him by section 192, [refer the matter to the Sub-divisional Officer in the case of a Gram Panchayat, or the District Magistrate in the case of a Panchayat Samiti, or the Divisional Commissioner in the case of a Zilla Parishad, having jurisdiction, and thereupon the Sub-divisional Officer or the District Magistrate or the Divisional Commissioner, as the case may be, shall issue such direction to the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, as he may think fit.]
[Words substituted for the words 'refer the matter to the State Government within such time and in such manner as the State Government may prescribe.' by W.B. Act 17 of 1992.]
(2A)
If within thirty days from the date of issue of any direction under sub-section (1) , no information is received from the Gram Panchayat or the Panchayat Samiti or the Zilla Parishad, as the case may be, or if the reasons or explanations given by it for not removing the defect or irregularity pointed out in the report referred to in section 190 are not considered sufficient, the Sub-divisional Officer or the District Magistrate or the Divisional Commissioner, as the case may be, shall -
[(i) specially convene a meeting of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be, by giving seven days notice to the members for discussion of the report as aforesaid, and may appoint an observer for such meeting who shall submit a report on the proceedings of the meeting in writing, duly signed by him, within a week of such meeting;
(ii) refer the matter to the State Government with his recommendation for appropriate action under section 192A, section 196B, section 213 or section 214, as the case may be:
Provided that the Sub-divisional Officer or the District Magistrate or the Divisional Commissioner, as the case may be, may make recommendations under all or any of the sections 192A, 196B, 213 and 214.]
[Sub-Section (2A) inserted by W.B. Act 17 of 1992.]
(3) It shall be competent for the State Government to pass such orders thereon as it may think fit. The orders of the State Government shall, save as provided in sections 192 and 193, be final and the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned shall take action in accordance therewith.
(4) If the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned fails to comply with the order within the period specified therein, the State Government may appoint a person to carry out the order, and may determine the remuneration payable to such person, and may direct that such remuneration and any cost incurred in carrying out the order shall be paid from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned.
(5) A person appointed under sub-section (4) shall, for the purpose of carrying out the order, exercise any of the powers which might have been exercised by the concerned Gram Panchayat, Panchayat Samiti or Zilla Parishad.
### 192. Power of auditor to surcharge, etc.
(1) The auditor, after giving the person concerned an opportunity to submit an explanation within a time to be specified by him and after considering any such explanation, shall disallow every item of account contrary to law and surcharge the same on the person making or authorising the making of the illegal payment, and shall charge against any person responsible for the amount of any loss incurred by the negligence or misconduct of that person, and shall, in every such case, certify the amount due from such person :
Provided that the auditor may in his discretion waive the surcharge or charge in cases where the amount involved does not exceed twenty-five rupees.
(2) For the purposes of this section any member of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad, as the case may be, or of a Sthayee Samiti of a Panchayat Samiti or a Zilla Parishad who is present at a meeting at which a motion or resolution is passed authorising any expenditure which is subsequently disallowed under sub-section (1) or authorising any action which results in any such expenditure, shall be deemed to be a person authorising such expenditure if his dissent is not recorded in the proceedings. All such persons shall be held jointly and severally liable for such expenditure.
(3) The auditor shall record in writing his reasons for every disallowance, surcharge and charge made under sub-section (1) and shall, in such manner as may be prescribed, send a certificate of the amount due and a copy of the reasons, for his decision to the person in respect of whom the certificate is made, and shall also furnish copies thereof to the Pradhan, the Sabhapati or the Sabhadhipati, as the case may be, and the State Government.
(4) The State Government may, of its own motion and within one year from the receipt by it of the copy of the certificate, set aside or modify any disallowance, surcharge or charge and any certificate in respect thereof made by the auditor.
### 192A. [ Person making or authorising illegal payment to be removed.
[Section 192A inserted by W.B. Act 17 of 1992.]
- If any item of account contrary to law is surcharged on any person making or authorising the making of any illegal payment or if any person is charged against for being responsible for the amount of any loss incurred by the negligence or misconduct of that person, he shall, without prejudice to any other provisions of this Act, be liable to be removed under section 213; and upon such removal, such person may be disqualified by the State Government by an order in writing for being elected a member of a Gram Panchayat or Panchayat Samiti or Zilla Parishad for such term as may be specified in the order:
Provided that the State Government shall, before making any order under this sub-section, give to the person concerned an opportunity of being heard:
Provided further that any order under this sub-section shall be published in the Official Gazette.]
[Section 188 renumbered as sub-Section (1) of that Section and sub-Section (2) inserted by W.B. Act 17 of 1992.]
### 193. Appeal.
(1) Any person from whom any sum has been certified by the auditor to be due under section 192 may, within two months of the receipt by him of the certificate, appeal to the State Government to set aside or modify the disallowance, surcharge or charge in respect of which the certificate was made and the State Government may pass thereon such orders as it thinks fit, and such orders shall be final.
(2) Where a person referred to in sub-section (2) of section 192, who has been surcharged as authorising an illegal expenditure, appeals to the State Government under this section, the State Government shall set aside such surcharge if it is proved to its satisfaction that such person voted for the resolution or motion in good faith.
### 194. Payment of certified sums.
(1) The sum certified by the auditor to be due from any person under section 192 or where an appeal is made under sub-section (1) of section 193, such sum as may be ordered by the State Government to be due from such person shall, within two months of the date of certification, or order, as the case may be, be paid by such person to the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned which shall credit the sum to the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned.
(2) Any sum not paid in accordance with the provisions of sub-section (1) shall be recoverable as a public demand and the Collector of the district shall, for the purposes of section 4 of the Bengal Public Demands Recovery Act, 1913, be deemed to be the person to whom such demand is payable.
(3) The Collector of the district shall pay to the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned any sum recovered by him under sub-section (2).
### 195. Certain costs and expenses payable out of funds.
(1) All expenses incurred by the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned in complying with any requisition of the auditor under section 188 and in prosecuting an offender under section 189 shall be paid from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned.
(2) All expenses incurred by the Collector of the district in connection with the proceedings for recovery of any sum under sub-section (2) of section 194 from a person, if not recovered from the person, shall be paid from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned.
(3) If the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned fails to pay expenses referred to in sub-sections (1) and (2) within such period as may be determined by the State Government in this behalf, the State Government may attach the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned or any portion thereof.
(4) After such attachment no person except an officer appointed in this behalf by the State Government shall in any way deal with the attached fund or portion thereof, but such officer may do all such acts in respect thereof, as the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned referred to in sub-section (1) might have done if the attachment had not taken place, and may apply the proceeds of the fund in satisfaction of the expenses due, the interest accruing in respect of such expenses and any additional expenses resulting from the attachment and any subsequent proceedings:
Provided that no such attachment shall defeat or prejudice any charge or debt for which the fund attached was previously liable in accordance with law but all such prior charges and debt shall be paid out of the proceeds of the fund before any part of the proceeds of the fund is applied to the satisfaction of the costs and expenses payable to the State Government under this section.
### 196. Certain expenses not chargeable to funds without previous sanction.
- The members of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned shall not without the previous sanction of the State Government incur any expenditure from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned in connection with any appeal or proceedings against surcharge, in respect of which a certificate is issued by the auditor.
### 196A. [ Internal audit of accounts. [[Section 196A first inserted by W.B. Act 37 of 1984, then substituted by W.B. Act 18 of 2004, which was earlier as under:-
'196A. Internal audit of accounts. - Notwithstanding anything contained in section 186 the accounts of the funds of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad shall be organised, examined and audited periodically by an officer appointed in this behalf by the State Government in such manner as the State Government may direct.'.]]
(1) Notwithstanding anything contained in section 186, the accounts of the funds of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad shall be organised, examined and audited periodically by an officer appointed in this behalf by the State Government in such manner as the State Government may direct.
(2) Report of such internal audit of accounts shall be sent to the concerned Gram Panchayat, Panchayat Samiti or Zilla Parishad and such other officials, as may be prescribed, within one month from the date of completion of internal audit and be placed for discussion at the meeting of such Gram Panchayat, Panchayat Samiti or Zilla Parishad, in such manner, as may be prescribed.
(3) The Gram Panchayat, Panchayat Samiti or Zilla Parishad shall send replies on the internal audit report to the State Government within one month from the date of such meeting in such manner as may be prescribed.]
### 196B. [ Special audit of accounts.
[Section 196B inserted by W.B. Act 37 of 1984.]
- Notwithstanding anything contained in sections 186 and 196A the State Government may issue direction for special audit of the accounts of the funds of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad by such authority as the State Government may direct.]
### 196C. [ performance audit.
[Added by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(1) Without any prejudice to other provisions of the Chapter relating to audit, a mechanism for performance audit of the fund utilized by a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad shall be devised in the manner as may be prescribed or as may be directed, by general or special order, by the State Government.
(2) The performance audit referred to in sub-section (1) shall relate to utilization of fund following the norms and procedure as may be applicable under the relevant rules, orders and guidelines, quality of the work performed, usefulness of the asset created and the benefits generated out of the work performed with an equitable distribution of such benefits.]
### 196D. [ Social Audit.
[Added by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(1) Without any prejudice to other provisions of the Chapter relating to audit, a mechanism for social audit of the fund utilized by a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad shall be devised in the manner as may be prescribed or as may be directed, by general or special order, by the State Government.
(2) The social audit team constituted at various level under sub-section (1) shall monitor the execution of works, the quality and utility of the works executed or the services provided and the benefits generated out of the work performed ensuring an equitable distribution of such benefits.]
Part VI – Chapter XIX
-----------------------
Miscellaneous
### 197. Oath or affirmation.
- Every member of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad other than a member referred to in [clauses (i) and (iii) of sub-section (2) of section 94 and clauses (i), (iii) and (iv) of sub-section (2) of section 140]
[Words, figures and brackets substituted for the words, figures, letters and brackets 'sub-clause (iii) of clause (a) of sub-section (2) of section 94 and subclauses (iii) and (iv) of clause (a) of sub-section (2) of section 140' by W.B. Act 58 of 1978.]
shall before taking his seat make and subscribe before such authority as may be specified by the State Government in this behalf, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
### 197A. [ Majority of members elected to function when in a constituency poll is countermanded or not held.
[Section 197A inserted by W.B. Act 30 of 1978.]
- Notwithstanding anything to the contrary contained in this Act, -
(a) if at a general election of members in Gram Panchayat, Panchayat Samiti or Zilla Parishad, poll in any constituency is countermanded or cannot be held, or , if held, the result of such election cannot be declared for any reason within such period as it considers reasonable, the State Government may, if it finds that at least two-thirds of total number of members for that Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, [\* \* \* \*] have been elected and are competent to assume office, notify the constitution of such Gram Panchayat, Panchayat Samiti or Zilla Parishad in the manner provided in this Act and the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, shall be deemed to have been constituted under section 4, section 94 or section 140, respectively;
(b) the name of any members of a Gram Panchayat, Panchayat Samiti or Zilla Parishad subsequently elected shall be notified in the Official Gazette and such member shall be entitled to assume office and remain a member for the unexpired period of [five years]
[Words substituted for the year 'four years' by W.B. Act 12 of 1982, w.e.f. 4.8.1982.]
referred to in sub-section (1) of section 7, sub-section (1) of section 96 or sub-section (1) of section 141, respectively.]
### 197B. [ Cessation of membership on inclusion of a constituency in Municipality etc .
[Section 197B inserted by W.B. Act 37 of 1984.]
(1) Notwithstanding the provisions contained in sections 7, 96 and 141, if at any time the whole of the area of a constituency of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad is included in a municipality [\* \* \* \* \* \*], or a Town Committee or a Cantonment, the member elected from such constituency to the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, shall, as from the date of such inclusion, cease to be a member of the Gram Panchayat, Panchayat Samiti or Zilla Parishad concerned.
(2) If for inclusion of whole of the area of a constituency or constituencies of a Gram Panchayat in a municipality [\* \* \* \* \*]
[Words 'or a notified area, or a municipal corporation,' omitted by W.B. Act 15 of 1997.]
or a Town Committee or a Cantonment under sub-section (1) , the number of members of a Gram Panchayat falls short of the number referred to in sub-section (2) of section 4, the Gram Panchayat shall continue to function in accordance with the direction of the State Government till its reconstitution or unification with another Gram Panchayat under clause (d) of sub-section (3) of section 3.]
### 198. Validation.
- No act or proceeding of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad, shall be deemed to be invalid merely by reason of the existence of any vacancy in the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, or any defect or irregularity in the constitution thereof.
### 199. Members, officers and employees to be public servants.
- All members, officers and employees of the Gram Panchayat, Panchayat Samiti and Zilla Parishad shall be deemed, when acting or purporting to act in pursuance of the discharge of their duties, or in the exercise of their powers under this Act or under the rules or bye-laws made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code.
### 200. Indemnity.
- No suit or other legal proceeding shall lie against a Gram Panchayat, a Panchayat Samiti, a Zilla Parishad or against any member thereof or any officer or employee for anything in good faith done or intended to be done in pursuance of this Act or of any rules or bye-laws made thereunder.
### 201. Reference of dispute.
(1) If any dispute arises between two or more Gram Panchayats within the jurisdiction of the same Panchayat Samiti, it shall be referred to the Panchayat Samiti by any party to the dispute and the decision of the Panchayat Samiti thereon shall be final.
(2) If any dispute arises between two or more Panchayat Samitis or between two or more Gram Panchayats within the jurisdiction of different Panchayat Samitis or between a Panchayat Samiti and a Gram Panchayat, within the jurisdiction of the same Zilla Parishad, it shall be referred to the Zilla Parishad by any party to the dispute and the decision of the Zilla Parishad thereon shall be final.
(3) If any dispute arises -
(a) between a Gram Panchayat or a Panchayat Samiti within a district on the one side and the Zilla Parishad of the same district on the other, or
(b) between two or more Zilla Parishads, or
(c) between one or more Gram Panchayats in one district on the one side and one or more Gram Panchayats in another district on the other, or
(d) between one or more Panchayat Samitis in one district on the side and one or more Panchayat Samitis in another district on the other, or
(e) between one or more Gram Panchayats in one district on the one side and one or more Panchayat Samitis in another district on the other, or
(f) between one or more Gram Panchayats in one district on the one side and the Zilla Parishad of another district on the other, or
(g) between one or more Panchayat Samitis in one district on the one side and the Zilla Parishad of another district on the other,
the dispute shall be referred to the State Government by any party to the dispute and the decision of the State Government thereon shall be final.
### 202. [[Section 202 omitted by W.B. Act
[8 of 2003
, which was as under:-
'202. Bar of simultaneous candidature for election. - No person while standing as a candidate for election as a member -
(a) of a Gram Panchayat, shall be entitled to stand as a candidate for election as a member of a Panchayat Samiti or the Zilla Parishad,
(b) of a Panchayat Samiti, shall be entitled to stand as a candidate for election as a member of a Gram Panchayat or the Zilla Parishad, and
(c) of the Zilla Parishad shall be entitled to stand as a candidate for election as a member of a Gram Panchayat or a Panchayat Samiti:
Provided that no person shall be entitled to stand as a candidate for election from more than one constituency or seat, as the case may be in a general election.'.]]
\* \* \*]
### 202A. [ Bar to simultaneous membership.
[Section 202A inserted by W.B. Act 37 of 1984.]
- A member -
(a) of a Gram Panchayat on being elected a member of a Panchayat Samiti or a Zilla Parishad,
(b) of a Panchayat Samiti on being elected a member of a Gram Panchayat or a Zilla Parishad,
(c) of a Zilla Parishad on being elected a member of a Gram Panchayat or a Panchayat Samiti,
(d) of a Nyaya Panchayat on being elected a member of a Gram Panchayat or a Panchayat Samiti or a Zilla Parishad,
shall cease to be the member of the Gram Panchayat or the Nyaya Panchayat or the Panchayat Samiti or the Zilla Parishad, as the case may be, with effect from the date on which he is declared elected to the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be and shall continue to be a member of the Gram Panchayat or the Panchayat Samiti or the Zilla Parishad, as the case may be, to which he is elected.]
### 203. [\* \* \* \* \* \* \* \* \* \*]
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Section 203 omitted by W.B. Act
8 of 2003
, which was as under:-
"203. Elections.- (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to thePanchayatsunder this Act and the rules made thereunder shall be in accordance with such law, vesting such superintendence, direction and control in a State Election Commission consisting of a State Election Commissioner as may be made by the State Legislature in this behalf or as may be in force for the time being.
(2) There shall be a DistrictPanchayatElection Officer appointed by the State Election Commissioner in consultation with the State Government, who shall, subject to the superintendence and control of the State Election Commissioner, co-ordinate and supervise all work in the district in connection with the preparation of electoral rolls for and the conduct of, such elections.
(3) The State Election Commissioner shall, in consultation with the State Government and by notification, appoint, from among the officers of the State Government, aPanchayatElectoral Registration Officer for one or more Blocks for preparation of electoral rolls, and aPanchayatReturning Officer for one or morePanchayats, for holding the elections.
(4) The DistrictPanchayatElection Officer shall, subject to the direction and control of the State Election Commissioner, appoint, from among the officers of the State Government, as many AssistantPanchayatElectoral Registration Officers and Assistant Commissioner, appoint, from among the officers of the State Government, as many AssistantPanchayatReturning Officers as may be necessary for exercising such powers and performing such functions as may be prescribed.
(5) ThePanchayatReturning Officer shall appoint Presiding Officers and Polling Officers for holding the elections referred to in sub-section (3), but he shall not appoint any person who has been employed by or on behalf, of or has otherwise been working for. a candidate in or about the election. The counting of voles shall be done by the Presiding Officers immediately after the poll and the result of the counting shall be declared forthwith:
Provided that if the State Election Commissioner is satisfied that the counting of votes cannot conveniently be done at any or all of the polling stations immediately after the close of the poll, he may, in consultation with the State Government, require, by order, the used and sealed ballot boxes of such polling station or polling stations to be transported to such place, for safe custody till counting, and for counting, subject to such procedure, as may be prescribed:
Provided further that if under the order of the State Election Commissioner, the used and sealed ballot boxes as aforesaid are transported to a place other than the polling station for safe custody till counting and for counting, such counting shall take place as soon as may be within two days from the date of the poll and shall be done by the Counting Officer with the assistance of Counting Assistants, and, for this purpose, thePanchayatReturning Officer shall, in consultation with the DistrictPanchayatElection Officer, appoint such number of Counting Officers and Counting Assistants as may be necessary, but shall not appoint any person, who has been employed by or on behalf of, or has been working for, a candidate in or about the election, as a Counting Officer or Counting Assistant.
(6) The powers, functions and duties ofPanchayatElectoral Registration Officers,PanchayatReturning Officers, Presiding Officers and Polling Officers and the procedure for holding the elections shall be such as may be prescribed.
(7) Any rule made in pursuance of sub-section (6) may provide that a breach thereof shall be punishable on conviction to an imprisonment not exceeding one year of either description or to a fine not exceeding rupees one thousand or to both.
(8) The State Government may by rules provide for deposit of money by a candidate seeking election under this Act and also for return or forfeiture of the said deposit:
Provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him.".
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### 204. [\* \* \* \* \* \* \* \* \* \*]
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Section 204 omitted by W.B. Act
8 of 2003
, which was as under:-
"204. Disputes as to election.- (1) If any dispute arises as to the validity of an election under this Act, any person entitled to vote at. such election may, within thirty days after the date of the declaration of the results of such election, file a petition, calling in question such election -
(a) before the Munsif having jurisdiction where such election is in respect of aGram Panchayator aPanctiayat Samitiand
(b) before the District Judge of the district, where such election is in respect of aZilla Parishad.
(2) When filing a petition under sub-section (1), the petitioner shall deposit in court, as security for the costs likely to be incurred, a sum of -
(a) fifty rupees, where the petition is filed before the Munsif, and
(b) two hundred rupees, where the petition is filed before the District Judge.
(3) The District Judge may transfer any petition filed before him under sub-section (1) to any Judicial Officer subordinate to him not below the rank of a Subordinate Judge.
(4) In dealing with a petition under sub-section (1), the Munsif, the District Judge or the Judicial Officer to whom the petition is transferred under sub-section (3) (hereinafter referred to as the Judge) may hold such enquiry as he deems necessary.
(5) The procedure to be followed by the Judge Including all matters relating to the filing of such petition shall be such as may be prescribed.
(6) The Judges shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oath, enforcing the attendance of witnesses and compelling the discovery and production of documents.
(7) The decision of the Judge shall be final and shall not be called in question in any court.
(8) No court shall grant an injunction -
(i) to postpone the election of -
(a) a member of aGram Panchayat, aNyaya Panchayat, aPanchayat Samitior aZilla Parishad, or
(b) aPradhan, anUpa-Pradhan, aPradhan Vicharak, aSabhapatiaSahakari SabhapatiaSabhadhipati, aSahakari Sabhadhipatior members andKarmadhyakshasofSthayee Samitis; or
(ii) to prohibit a person declared to have been elected under this Act, from taking part in the proceedings of theGram Panchayat,Nyaya Panchayat,Panchayat SamitiorZilla Parishad, as the case may be, to which he has been elected: or
(iii) to prohibit the members formally elected or appointed to aGram Panchayat,Nyaya Panchayat,Panchayat SamitiorZilla Parishad, as the case may be, under this Act from entering upon their offices.".
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### 205. Inspection.
(1) The State Government shall appoint a Director of Panchayats and such other officers as it may consider necessary for the purpose of inspecting or superintending the work of all, or any class of, Gram Panchayats, Panchayat Samitis or Zilla Parishads.
(2) An officer appointed to inspect or superintend the work of a Gram Panchayat, Panchayat Samiti or Zilla Parishad may at any time -
(a) inspect or cause to be inspected any immovable property used or occupied by the Gram Panchayat, Panchayat Samiti or Zilla Parishad or any work in progress under the direction of the Gram Panchayat, Panchayat Samiti or Zilla Parishad :
(b) inspect or examine, or depute any other officer of the Government to inspect or examine, any department of the Gram Panchayat, Panchayat Samiti or Zilla Parishad or any service, work or thing under the control of the Gram Panchayat, Panchayat Samiti or Zilla Parishad;
(c) require, for the purposes of inspection or examination, the Gram Panchayat, Panchayat Samiti or Zilla Parishad-
(i) to produce any book, record, correspondence, plan or other document, or
(ii) to furnish any return, plan, estimate, statement, accounts or statistics, or
(iii) to furnish or obtain any report or information.
(3) The Divisional Commissioner or any other officer not below the rank of a [Joint Block Development Officer of the Block,]
Words substituted for the words 'Deputy Collector' by W.B. Act
[8 of 2003
.]
when authorised by the State Government in this behalf, may exercise all or any of the powers conferred on an inspecting officer under sub-section (2) .
(4) When an inspection of a Gram Panchayat, Panchayat Samiti or Zilla Parishad is undertaken by any officer referred to in sub-section (3), a report of such inspection shall be submitted by such officer to the State Government.
### 206. Delegation.
- The State Government may, by notification, delegate, subject to such conditions as it may specify, all or any of its powers under this Act except the powers mentioned in section 224 to any person or authority subordinate to it.
### 206A. [ Finance Commission.
[Section 206A inserted by W.B. Act 17 of 1992.]
- [(1) As soon as may be after the commencement of the West Bengal Panchayat (Amendment) Act, 1994, and thereafter at the expiry of every five years, there shall be a Finance Commission constituted by the Governor, by notification, under clause (1) of article 243-I of the Constitution of India which shall consist of not more than five members including the Chairman, selected from amongst the jurists, economists, administrators and social and political workers of eminence.]
(2) The Finance Commission shall review the financial position of the Gram Panchayat, Panchayat Samitis, and Zilla Parishads and shall make recommendations as to -
(a) the principles which should govern -
(i) the distribution between the State and the [Panchayats]
[Word substituted for the words 'Gram Panchayats, Panchayat Samitis, and Zilla Parishads' by W.B. Act 18 of 1994.]
of the net proceeds of taxes, duties, tolls and fees leviable by the State, which may be divided between them, and the allocation between the [Panchayats]
[Word substituted for the words 'Gram Panchayats, Panchayat Samitis and Zilla Parishads:' by W.B. Act 18 of 1994.]
at all levels of their respective shares of such proceeds;
(ii) the determination of taxes, duties, tolls and fees which may be assigned to, or appropriated by, the [Panchayats;]
[Word substituted for the words 'Gram Panchayats, Panchayat Samitis and Zilla Parishads:' by W.B. Act 18 of 1994.]
(iii) the grants-in-aid to the [Panchayats]
[Word substituted for the words 'Gram Panchayats, Panchayat Samitis and Zilla Parishads:' by W.B. Act 18 of 1994.]
from the Consolidated Fund of the State;
(b) any other matter referred to the Finance Commission by the [Governor]
[Word substituted for the words 'State Government' by W.B. Act 18 of 1994.]
in the interest of sound finance of the [Panchayats.]
[Word substituted for the words 'Gram Panchayats, Panchayat Samitis and Zilla Parishads:' by W.B. Act 18 of 1994.]
(3) The Chairman and the other members of the Finance Commission shall hold office for one year and [the term of office may be extended for six months at a time by the State Government by notification, and they shall be paid such fees and allowances as the State Government may, by order, determine.]
[Words substituted for the words 'the term of office may be extended for six months by the State Government by notification.' by W.B. Act 18 of 1994.]
(4) The Chairman or any other member of the Finance Commission may resign his officer by writing under his hand addressed to the Chief' Secretary to the Government of West Bengal, but he shall continue in office until his resignation is accepted by the State Government.
(5) The Finance Commission shall, in the performance of its functions, determine its own procedure, and exercise such powers, summon such persons and examine such records as may be prescribed.
[(6) The Governor, on receipt of the recommendations of the Finance Commission, shall take such actions as may be considered necessary, and the recommendations of the Finance Commission together with an explanatory memorandum of actions taken thereon shall be laid for not less than fourteen days before the State Legislature as soon as possible after such recommendations are received and shall be accepted with such modifications as the State Legislature may make during the session in which they are so laid.] [[Sub-Sections (5) and (6) substituted by W.B. Act 18 of 1994, which were earlier as under:-
'(5) The Finance Commission shall, in the performance of its functions, exercise such powers, summon such persons, examine such records, and adopt such procedures as may be prescribed.
(6) The recommendations of the Finance Commission shall, on acceptance by the State Government with such modifications as that Government may deem necessary, be notified in the Official Gazette, and upon such notification, the recommendations shall come into effect from such date as may be specified in the notification.'.]]
(7) The State Government may appoint a Secretary for the Finance Commission and such other officers and employees as that Government may think necessary, and may determine the salaries of the Secretary and the other officers and employees.]
### 207. Transfer of institution.
(1) The State Government may transfer any institution under its management or control to a Zilla Parishad or a Panchayat Samiti or a Gram Panchayat subject to such conditions limitations and restrictions as may be agreed upon.
(2) When any institution is transferred under sub-section (1), persons employed by the State Government shall with effect from the date of such transfer be deemed to be employed by the Zilla Parishad or Panchayat Samiti or Gram Panchayat to which such institution is transferred, on terms and conditions, not being less advantageous than what they were entitled to immediately before such transfer.
### 207A. [ State Government to place officers and employees at the disposal of Gram Panchayat, Panchayat Samiti and Zilla Parishad.
[Section 207A inserted by W.B. Act 17 of 1992.]
(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, -
(a) upon the issue of any direction to any Gram Panchayat, Panchayat Samiti or Zilla Parishad to exercise any power or perform any function or discharge any duty, or
(b) upon the transfer to any Gram Panchayat, Panchayat Samiti or Zilla Parishad of any function, or control and management of any property,
under any provisions of this Act, the State Government shall, subject to such conditions as it may deem fit to impose, place at the disposal of the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, the services of such officers and employees as may be necessary to enable it to exercise such power or perform such function or discharge such duty, as the case may be.
(2) The officers and employees whose services are so placed at the disposal of the Gram Panchayat, Panchayat Samiti or Zilla Parishad, shall continue to be the employees of the State Government and their salary, allowances and other benefits shall be met from the Consolidated Fund of the State:
Provided that where any disciplinary or other action is required to be taken against any such officer or employee, the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, shall make a reference to the State Government for appropriate action.
(3) Where any power or function or duty is conferred or imposed on any Gram Panchayat, Panchayat Samiti or Zilla Parishad by or under any other law for the time being in force, such law shall have effect as if this section had formed a part of such law, and thereupon such law shall be deemed to have been amended accordingly.]
### 207B. [ Transfer of powers, functions and duties.
[Section 207B inserted by W.B. Act 18 of 1994.]
(1) Without prejudice to the generality of the provisions contained in section 207 or elsewhere in this Act, the State Government may, by order published in the Official Gazette, transfer, under such terms and conditions as may be specified in the order, to a Panchayat such powers, functions and duties as are exercised, performed and discharged by the State Government under any law made by the State Legislature or otherwise under the executive power of the State in relation to any or all of the following matters:-
(i) agriculture including agricultural extension, agricultural marketing and food processing;
(ii) irrigation, minor irrigation and water management;
(iii) animal resources development;
(iv) health and family welfare;
(v) public health engineering and rural water supply;
(vi) social welfare, women and child development, welfare of handicapped, mentally retarded and weaker sections of people;
(vii) land and land reforms, land improvement and soil conservation;
(viii) co-operation;
(ix) khadi, and cottage and small scale industries;
(x) rural housing;
(xi) public works and communications;
(xii) education including primary and secondary schools, technical training, vocational education, libraries and cultural activities;
(xiii) fisheries;
(xiv) social forestry, farm forestry and minor forest-produce;
(xv) rural electrification including distribution of power and non-conventional energy source;
(xvi) poverty alleviation programme;
(xvii) public distribution systems.
(2) Upon the transfer of any powers, functions or duties under sub-section (1), the State Government shall allot to the Panchayat such fund and personnel as may be necessary to enable that Panchayat to exercise the powers, perform the functions or discharge the duties so transferred.
(3) Where any powers, functions or duties conferred by or under any other law for the time being in force, are transferred or delegated to a Panchayat, such law shall have effect as if this section had formed a part of such law, and thereupon such law shall be deemed to have been amended accordingly.]
### 208. Period of limitation for suits.
- Notwithstanding anything contained in the Limitation Act, 1963, the period of limitation for the institution of any suit by or on behalf of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad for the possession of any immovable property vested in such Gram Panchayat, Panchayat Samiti or Zilla Parishad from which it has been dispossessed or of which it has ceased to have possession shall be sixty years from the date of dispossession or discontinuance.
### 209. Power of State Government to rescind or suspend resolution of a Gram Panchayat, Panchayat Samiti or Zilla Parishad.
(1) The State Government may, by order in writing, rescind any resolution passed by a Gram Panchayat, Panchayat Samiti or Zilla Parishad, if in its opinion such resolution -
(a) has not been legally passed, or
(b) is in excess or abuse of the powers conferred by or under this Act or any, rules made thereunder.
(2) The State Government shall, before taking any action under sub-section (1), give the Gram Panchayat, Panchayat Samiti or Zilla Parishad concerned an opportunity of making any representation against the proposed order.
(3) The prescribed authority may, by order, in writing suspend the execution of any resolution or order of a Gram Panchayat, Panchayat Samiti or Zilla Parishad or prohibit the doing or any act which is about to be done or is being done, in pursuance of, or under cover of, this Act or any rules made thereunder, if in his opinion the resolution, or order or act is in excess [or an abuse]
[Words inserted by W.B. Act 37 of 1984.]
of the powers conferred by or under this Act or any rules made thereunder, or the execution of the resolution or order, or the doing of the act, is likely to lead to serious breach of the peace or to cause serious injury or annoyance to the public, or to any body of persons.
(4) When the prescribe authority makes an order under sub-section (3), he shall forthwith forward a copy thereof, with a statement of his reason for making it, to the State Government, who may thereupon rescind the order or direct that it shall continue in force with or without modification, permanently or for such period as it thinks fit.
### 210. [[Section 210 omitted by W.B. Act 17 of 1992, which was as under:-
'210. Appointment of members by State Government. - (1) The State Government may appoint two members of the Scheduled Castes or Scheduled Tribes and two women to be members of any Gram Panchayat, Panchayat Samiti or Zilla Parishad :
Provided that -
(a) no such appointment shall be made if two or more members of the Scheduled Castes or Scheduled Tribes or two women have been elected to such Gram Panchayat or Panchayat Samiti or Zilla Parishad, as the case may be, under the provisions of this Act; and
(b) one such appointment shall be made if only one member of the Scheduled Caste or Scheduled Tribe or one woman has beer, elected to such Gram Panchayat or Panchayat Samiti or Zilla Parishad, as the case may be, under the provisions of this Act :
Provided further that the appointment by the State Government under this section shall be from such persons as the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, may recommend.
[(2) The members appointed under sub-section (1), shall hold office for so long as the term of office of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be, for which they are appointed, continues.'.]]
\* \* \*]
### 211. Power of State Planning Board and the District Planning Committee.
- The State Planning Board and the District Planning Committee shall have power to supervise and evaluate the works of any Gram Panchayat, Panchayat Samiti or Zilla Parishad.
### 212. Directions by State Government.
- In the discharge of their functions the Gram Panchayat, the Panchayat Samiti and the Zilla Parishad shall be guided by such instructions or directions as may be given to them by the State Government form time to time in conformity with the provisions of this Act.
### 213. Power to remove Pradhan, Upa-Pradhan, Sabhapati, Sahakari Sabhapati, Sabhadhipati, and Sahakari Sabhadhipati.
(1) [The prescribed authority may]
[Substituted 'The State Government may' by W.B. Act No. 8 of 2010, dated 13.5.2010.]
, notwithstanding anything contained in [sub-section (3) of section 9,]
[Words, figures and brackets subs for the words, figures and brackets 'sub-section (3) of section 12,' by W.B. Act 37 of 1984.]
sub-section (3) of section 98 and sub-section (3) of section 143, by an order in writing remove with effect from a date to be specified in the order [any member or office bearer of a Gram Panchayat, Panchayat Samiti or Zilla Parishad]
[Substituted 'any Pradhan or Upa-Pradhan, any Sabhapati or Sahakari Sabhapati or any Sabhadhipati or Sahakari Sabhadhipati' by W.B. Act No. 8 of 2010, dated 13.5.2010.]
from his office if, in its opinion, he willfully omits or refuses to carry out the provisions of this Act or any rules or orders made thereunder or abuses the powers vested in him under this Act.
(2) [The prescribed authority shall]
[Substituted 'The State Government shall' by W.B. Act No. 8 of 2010, dated 13.5.2010.]
, before making any order under sub-section (1) , give to the person concerned an opportunity of making a representation against the proposed order.
### 213A. [ Disqualification on change of political party by Members of Panchayats.
[Substituted by Act No. 5 of 2014, dated 31.3.2014.]
(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, the prescribed authority for such Panchayat as may be specified by notification in this behalf, may, subject to the other provisions of this section, declare, for reasons to he recorded in writing, a member of such Panchayat to be disqualified for being a member thereof, if-
(a) he is an elected member set up by a recognized political party and has-
(i) voluntarily given up his membership of such recognized political party, or
(ii) [ exercised the voting right or abstained from voting contrary to any direction issued by the Leader of his political party to which he belongs, without obtaining the prior permission of the said Leader or such voting or abstention has not been condoned by the said Leader within seven days from the date of such voting or abstention; or]
(b) he is an elected member not set up by any recognized political party and he has joined a recognized political party on the expiry of six months from the date of election:
Provided that the prescribed authority shall not declare any member to be disqualified under this section without giving to such member a reasonable opportunity to represent his case and to be heard in person:
Provided further that an elected member referred to in sub-clause (ii) of clause (a) shall riot, on the prescribed authority being satisfied in this behalf, be declared to be disqualified, if-
(a) the action of such member was taken on obtaining prior permission of, or was condoned by, such recognized political party, or
(b) such member claims that he and any other members of such recognized political party in the Panchayat constitute a group representing a faction consisting of not less than one-third of the total number of members set up by such recognized political party in the Panchayat and that all the members of such group have voluntarily given up their membership of such recognized political party, or
(c) the former recognized political party of the member merges with another recognized political party, and he claims that he and other members of his former recognized political party-
(i) have become members of such other recognized political party or of a new recognized political party formed out of merger, as the case may be, or
(ii) have not accepted the merger, and from the time of such merger, he and such other members constituting not less than one-third of the total number of members set up by the former recognized political party in the Panchayat, have opted to remain members of the former recognized political party or have formed a new recognized political party.
[Explanation.
[Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
- Direction shall be issued by the Leader in writing to each member belonging to his political party at least twenty four hours before the commencement of the meeting and a copy of such direction shall be communicated to the prescribed authority before commencement of the meeting.]
(1A)
Notwithstanding anything contained in sub-clause (ii) of clause (a) of sub-section (1), an elected member who has exercised his voting right contrary to the direction issued by the Leader, shall not be declared to be disqualified if such member claims and establishes that-
[(a) he and a few other members of the same Panchayat belonging to same political party have constituted a group consisting of not less than one-third of the total number of members set up by such recognised political party in that Panchayat and have already intimated such decision to the Leader mentioning that the members of such group shall no longer be abided by any direction of such Leader and that such decision have also been communicated to the prescribed authority at least three working days prior to the meeting, or
(b) his original political party has merged with another political party and he and a few other members of his original political party constituting at least one-third of the total number of members in the same Panchayat belonging to such original political party,-
(i) have become members of such other political party, or as the case may be, of a new political party formed by such merger and have decided to elect a new Leader for such separate party or group, or
(ii) have not accepted the merger and opted to function as a separate group and wants to be treated as such other political party or a new political party or group as the case may be for the purpose of all provisions of this section, and the members involved have already communicated their collective decision in writing to the Leader and to the prescribed authority under the signatures of all such members at least three days before the commencement of the meeting.]
(2) On being declared to be disqualified under sub-section (1), a member shall, subject to the provisions of sub-section (12), stand removed from the Panchayat from the date of such declaration.
(3) [As soon as may be within three months from the date of the first meeting of a Panchayat or within three months from the date on which this section comes into force, as the case may be]
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
, elected members set up by the recognized political parties shall, by adopting a resolution, select one member from amongst themselves to be the Leader [and such Leader shall within thirty days]
[Substituted 'and such Leader shall, within fifteen days' by W.B. Act No. 8 of 2010, dated 13.5.2010.]
from the date of such selection, furnish to the prescribed authority referred to in sub-section (1 )-
(i) a copy of the resolution,
(ii) a signed statement containing the names, addresses and constituencies of himself and other members set up by such recognized political party, and
(iii) a copy of a set of rules and regulations, if any, by whatever name called, of such recognized political party:
Provided that an office-bearer may also hold the office of the leader:
[Provided further that if selection of Leader of any recognized political party does not take place within the aforesaid period due to exceptional reason, the members belonging to a recognised political party may jointly file a petition with endorsement of the President or the General Secretary or the Secretary of the district unit of such recognized political party may file a petition showing the ground of such exceptional reason to the prescribed authority seeking further time for selection of such Leader and the prescribed authority on being satisfied about the exceptional reason may allow further time for one month to select such Leader who shall within fifteen days from the date of such selection furnish the aforesaid documents to the prescribed authority.]
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(4) Where there is only one elected member set up by a recognized political party in a Panchayat, he shall furnish the documents referred to in sub-section (3) in relation to himself:
Provided that in the event of any increase in the number of members of such recognized political party, the provisions of sub-section (3) shall apply as if the first meeting of the Panchayat was held or this section came into force, as the case may be, on the date on which such increase took place.
(5) A member not belonging to any recognized political party shall furnish a statement to that effect to the prescribed authority referred to in sub-section (1) within one month from the date of the first meeting of the Panchayat.
(6) In the event of any change of the information furnished under subsection (3), sub-section (4) or sub-section (5), the Leader or the member, as the case may be, shall, as soon as may be within fifteen days from the date of such change, furnish in writing such change of information to the prescribed authority referred to in sub-section (1).
(7) The Leader of any recognized political party referred to in subsection (3) may at any time file a petition [the President or the General Secretary or the Secretary of the district unit of such recognized political party]
[Substituted 'endorsed by the General Secretary, or, if there is no General Secretary' by W.B. Act No. 8 of 2010, dated 13.5.2010.]
, the Secretary, of the district unit of such recognized political party to the prescribed authority referred to in sub-section (1) , stating that-
(a) one or more members of such recognized political party have-
(i) voluntarily given up his or their membership of such recognized political party, or
(ii) [ exercised the voting right or abstained from voting contrary to any direction issued by the Leader of his political party to which he belongs, without obtaining prior permission of the said Leader or such voting or abstention has not been condoned by the said Leader;]
[Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(b) the member referred to in sub-section (4) has voluntarily given up his membership of the recognized political party that set him up, or
(c) the member referred to in sub-section (5) has joined a recognized political party on the expiry of six months from the date of election, and that such member or members should be declared to be disqualified under sub-section (1) and should be removed from the Panchayat.
(8) Every petition referred to in sub-section (7)-
(a) shall contain a concise statement of the material facts on which the petitioner relies, and
(b) shall be accompanied by copies of the documentary evidence, if any, on which the petitioner relies and, where the petitioner relies on any information furnished to him by any person or persons, a statement containing the names and addresses of such person or persons and the gist of such information as furnished by such person or each of such persons.
(9) On receipt of the petition referred to in sub-section (7), the prescribed authority referred to in sub-section (1) shall, as soon as possible within [two weeks]
[Substituted 'six weeks' by W.B. Act No. 8 of 2010, dated 13.5.2010.]
from the date of the receipt of such petition, proceed to make an enquiry to satisfy himself, among others, as to-
(a) the common decision in regard to the manner of voting to be exercised by the majority members set up by the recognized political party, and
(b) whether the member or members against whom such petition is filed, exercised the voting right, in a meeting of the Panchayat contrary to such manner of voting.
(10) For the purpose of enquiry under sub-section (9), the prescribed authority may summon such members of the recognized political party or other persons, and require such signed statements from, and production of such documents and records by, the members or other persons as aforesaid, as he may deem necessary.
(11) As soon as possible within [four weeks]
[Substituted 'eight weeks' by W.B. Act No. 8 of 2010, dated 13.5.2010.]
from the date of receipt of the petition referred to in sub-section (7) , the prescribed authority shall, in consideration of the facts and the documents and the records before it,-
(a) reject the petition,or
(b) admit the petition wholly or in part and declare any member or members to be disqualified under sub-section (1) for being members of the Panchayat.
(12) Any member of a Panchayat, declared disqualified under subsection (1) or the Leader of the recognized political party referred to in subsection (7), if aggrieved by the decision of the prescribed authority, may, within thirty days from the date of the order, appeal to such authority as the State Government may appoint in this behalf, and, thereupon, the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority, and after giving the appellant and the opposite parties an opportunity of being heard, set aside or confirm the order or declare any member or members to be disqualified in the manner referred to in sub-section (1) and, upon such declaration, the member or members shall stand removed from the Panchayat.
(13) The order passed by the authority appointed under sub-section (12) on the appeal shall be final.
(14) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, no Court shall have any jurisdiction in respect of any matter arising out of a member being declared to be disqualified under sub-section (1) for being a member of the Panchayat.
(15) The State Government may, by notification, make rules for carrying out the purposes of this section.
Explanation. - For the purposes of this section, an elected member shall be deemed to be set up by a recognized political party if he has contested election with the symbol reserved for such recognized political party or if he has contested election with a free symbol and joins a recognized political party and furnishes a declaration to that effect to the prescribed authority referred to in the sub-section (I) before the expiry of six months from the date of election.]
[Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
### 213B. [ Suspension of member of Panchayats.
[Section 213B in by W.B. Act 18 of 1994.]
- Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, the prescribed authority for such Panchayat as may be specified by notification, may, after giving an office bearer or member of such Panchayat an opportunity to show cause against such action as may be proposed to be taken against him, place such office bearer or member under suspension, if he -]
(i) has, prima facie, been found to be guilty of criminal breach of trust or criminal negligence or gross financial irregularity or impropriety in an inspection report on audit of accounts and his suspension is necessary to prevent any likely delay in further investigation or any tampering or destruction of records, or
(ii) has, in an inspection held by a competent authority, prima facie, been found guilty of criminal breach of trust, financial irregularity, misuse or abuse of power for wrongful gain or gross negligence of duty requiring penal action by a competent authority and his suspension is necessary to prevent any likely delay in further investigation or any tampering or destruction of records.
(iii) [ has been implicated in a proceeding commenced against him on any criminal charge referred to in clause (h) of section 8, section 97 or section 142, as the case may be, and in pursuance of such proceeding, either he has been detained in custody for a period exceeding forty-eight hours or a charge on the precise formulation of the specific accusation within the concept and meaning of the Code of Criminal Procedure, 1973, has been framed against him in a competent court of law ;
[Clause (iii) and its proviso inserted by W.B. Act 15 of 1997.]
Provided that the prescribed authority immediately after placing the office bearer under suspension, shall proceed to cause a full enquiry into the accusations made against such office bearer and on completion of such enquiry, may -
(a) institute a proceeding against him on a criminal charge under any law for the time being in force,
(b) furnish a proposal to a competent authority recommending such legal measures against him under the Act or any rule thereunder as deemed appropriate, or
(c) revoke the order for suspension and reinstate him in his office with such direction as may be deemed fit, if the prescribed authority is of the opinion that there is reasonable ground to believe that there has been an irregularity committed without proof of any criminal intent and without any wrongful gain to him or any wrongful loss to the Panchayat and on such reinstatement, such office bearer shall be deemed to hold the charge of his office without any interruption because of suspension.]
(2) When an office bearer in a Panchayat is placed under suspension under sub-section (1), -
[(a) subject to the provisions under clause (b), the other office bearer in such Panchayat shall exercise the powers, perform the functions and discharge the duties of the office bearer under suspension, under sub-section (4) or sub-section (5) of section 9, section 98 or section 143, as the case may be,
(b) notwithstanding the provision under clause (a), such Panchayat may, by majority decision of the existing members directly elected to that Panchayat, in a meeting specially convened for the purpose, select a person from among them not being an office bearer, to act temporarily in place of the office bearer under suspension and on being so selected, he shall exercise the powers, perform the functions and discharge the duties of such office bearer until the office bearer placed under suspension is reinstated in his office or is subsequently removed or vacates the office by resignation or otherwise in conformity with the provisions of the Act and the rules made thereunder :
Provided that the notice of such meeting shall be given by the office bearer holding the charge with an intimation to the prescribed authority referred to in first proviso to sub-section (1) of section 16, section 105 or section 150, as the case may be, and such prescribed authority may appoint an observer for such meeting who shall submit to the prescribed authority a report in writing within a week of the meeting on the proceedings of the meeting.] [[Sub-Section (2) substituted by W.B. Act 15 of 1997, which was earlier as under:-
'(2) When an office-bearer Is placed under suspension under sub-section (1), the Panchayat shall elect another office-bearer in his place to exercise the powers, perform the functions and discharge the duties of such office-bearer during the period for which such suspension continues.'.]]
(3) Any office-bearer or member, who is placed under suspension under sub-section (1), may within thirty days from the date of the order of suspension, prefer an appeal to such authority as the State Government may appoint in this behalf and thereupon the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority and after giving the appellant an opportunity of being heard, modify, set aside or confirm the order.
(4) The order passed by the authority as aforesaid on such appeal shall be final.
### 213C. [ Jurisdiction of Lokayukta or Upa-Lokayukta.
[Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
- Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, the Lokayukta or Upa-Lokayukta under the West Bengal Lokayukta Act, 2003 (West Bengal Act XXXV of 2003), in respect of any complaint alleging corrupt practices against any member including office bearer of Gram Panchayat, Panchayat Samiti, Zilla Parishad or Mahakuma Parishad, as the case may be.]
### 214. Powers of State Government to supersede a Gram Panchayat, Panchayat Samiti or Zilla Parishad.
(1) If, in the opinion of the State Government, any Gram Panchayat, Panchayat Samiti or Zilla Parishad -
(i) has shown its incompetence to perform or has persistently made default in the performance of the duties imposed on it by or under this Act or any other law, or
(ii) has exceeded or abused its powers,
the State Government may, by order, to be published in the Official Gazette stating the reasons therefor supersede the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, and direct that it be reconstituted [within such period not exceeding six months]
[Word 'two years' first substituted for the words 'six months' by W.B. Act 11 of 1982, then the words within third brackets substituted for the words 'within such period not exceeding two years' by W.B. Act 18 of 1994.]
as may be specified in the order :
[Provided that the members of the Gram Panchayat, Panchayat Samiti or Zilla Parishad as reconstituted shall hold office for the unexpired portion of the period for which the member of the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, would have held office had the Gram Panchayat, Panchayat Sdmiti or Zilla Parishad, as the case may be, not been superseded]
[Proviso Inserted by W.B. Act 17 of 1992.]
.
(2) The State Government shall, before making any order under sub-section (1), give the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be, an opportunity of making a representation against the proposed order.
### 214A. [ District Council.
[Section 214A inserted by W.B. Act 18 of 1994.]
(1) There shall be a District Council for Panchayats in each districts consisting of the following members:-
(i) Adhyaksha or the Chairperson - the Leader of the recognised political party in opposition having largest number of members directly elected with the reserved symbol of such recognised political party in the Zilla Parishad or the Mahakuma Parishad:
Provided that if, in a term of general election, no member in opposition is elected with the reserved symbol of a recognised political party in a Zilla Parishad or Mahakuma Parishad, the Adhyaksha for that term shall be elected from amongst the members, not being Sabhadhipati, Sahakari Sabhadhipati or Karmadhyaksha, by the members of the Zilla Parishad or the Mahakuma Parishad, as the case may be, on majority vote in a meeting ;
(ii) Upadhyaksha or the Vice-Chairperson - to be elected from amongst the members, not being the Sabhadhipati, Sahakari Sabhadhipati or Karmadhyaksha, by the members of the Zilla Parishad or the Mahakuma Parishad, as the case may be, on majority vote in a meeting :
(iii) five members elected by the members of the Zilla Parishad or the Mahakuma Parishad, as the case may be, from amongst themselves:
(iv) three members, being officers of the State Government or of any statutory body or corporation and having such specialised knowledge as the State Government may think fit, nominated by the State Government;
(v) Additional Executive Officer of the Zilla Parishad or the Mahakuma Parishad - Member-Secretary.
(2) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, the functions of the District Council shall be as follows:-
(a) to examine the accounts of the Panchayats within its territorial jurisdiction, in relation to the budget approved by the Panchayats concerned for the expenditure to be incurred by such Panchayats, the annual report of such Panchayats and such other accounts of such Panchayats as the District Council may think fit;
(b) to satisfy itself, while scrutinising the accounts of the Panchayats, that -
(i) the moneys shown in the accounts as having been disbursed were legally available for, and applicable to, the service or purpose to which they have been applied,
(ii) the expenditure conforms to the rules governing such expenditure and also the financial proprieties of such expenditure, and
(iii) every re-appropriation has been made in accordance with such rules as are applicable;
(c) to consider the inspection reports on the annual audit of accounts of any Panchayat within its jurisdiction, conducted by the auditors appointed under section 186, and to examine the replies thereto furnished by the respective Panchayats;
(d) to examine the accounts of stores and stocks maintained by the Panchayats within the area of their respective jurisdictions;
(e) to pursue the matters relating to the unsettled objections raised in any inspection report on audit of accounts of such Panchayats and refer such matters to the authorities concerned suggesting corrective actions;
(f) to suggest ways and means to remove the difficulties, if any, experienced by the Panchayats in giving effect to any provision of this Act or the rules made thereunder within their respective jurisdictions.
(3) The term of office of the members of the District Council shall be for the entire period of the term of office of the members of the Zilla Parishad, unless a member of the District Council is restrained by any other provision of this Act from continuing as a member of the Zilla Parishad.
(4) The District Council shall determine its own procedure and shall have the right to obtain a copy of every inspection report on audit of accounts of any Panchayat within the area of its jurisdiction and may call for any record of any Panchayat within such area to be produced for its inspection.
(5) Without prejudice to the generality of the provisions in sub-section (4), the State Government may, by general or special order, provide for -
(a) the procedure for convening of the meetings of the District Council and the procedure for the meetings,
(b) the powers and duties of the Secretary of the District Council,
(c) the terms of the office of different members of the District Council and the travelling allowances admissible to such members.
(6) Any elected or nominated member of the District Council may resign his office as such member by tendering his resignation in writing to the Sabhadhipati of the Zilla Parishad or the Mahakuma Parishad, as the case may be, and such resignation shall take effect from the date on which it is accepted by the Sabhadhipati.
(7) Any casual vacancy in the office of any member of the District Council shall be filled in such manner as may be prescribed and the member elected or nominated to fill such casual vacancy shall hold office for the unexpired portion of the term of the Zilla Parishad.]
### 215. Consequences of supersession.
(1) When an order of supersession has been passed under section 214 then with effect from the date of the order -
(a) all the members of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be, and all the members of the Sthayee Samitis thereof shall vacate their offices;
(b) all the powers, duties and functions which, under the provisions of this Act or any rule or bye-law made thereunder or any law for the time being in force, may be exercised, discharged or performed by the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be, or any Sthayee Samiti thereof shall be exercised, discharged or performed by such authority, person or persons as may be appointed by the State Government in this behalf;
(c) all properties vested in the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be, shall remain vested in the State Government until the reconstitution of such Gram Panchayat, Panchayat Samiti or Zilla Parishad.
(2) On the reconstitution of the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, the authority, person or persons appointed under clause (b) of sub-section (1) shall cease to exercise his functions.
### 216. Special provision in case of prohibitory orders from Courts.
- Where by reason of an order of a competent court a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad is unable to exercise or perform the powers, duties or functions conferred or imposed on it by or under any law, the State Government may appoint any authority, person or persons to exercise or perform, as the case may be, during the period of such inability, any or all of such powers, duties and functions in such manner and under such conditions as the State Government may direct.
### 217. Transitory provisions.
(1) After the coming into force of this Act in any area, the State Government may appoint any authority, person or persons for any Gram Panchayat or Anchal Panchayat constituted in that area under the West Bengal Panchayat Act, 1957, or any Anchalik Parishad or Zilla Parishad established in that area under the West Bengal Zilla Parishads Act, 1963, and the authority, person or persons so appointed shall exercise, perform and discharge all the powers, functions and duties of such Gram Panchayat, Anchal Panchayat, Anchalik Parishad or Zilla Parishad, as the case may be.
(2) With the appointment of the authority, person or persons referred to in sub-section (1), all the members of the Gram Panchayat, Anchal Panchayat, Anchalik Parishad, or Zilla Parishad, as the case may be, in respect of which such authority, person or persons, as the case may be, has been so appointed shall vacate their offices as such members.
### 218. Repeal.
(1) With effect from the date of the coming into office of a Gram Panchayat under sub-section (4) of section 4, the provisions of the West Bengal Panchayat Act, 1957,[relating to Gram Sabha, Gram Panchayat, Anchal Panchayat and Nyaya Panchayat shall stand repealed within the territorial limits of the Gram and the Union Board constituted under the Bengal Village Self-Government Act, 1919, shall cease to function.]
[ Words substituted for the words 'relating to Gram Panchayat shall stand repealed within the territorial limits of the Gram' by W.B. Act 58 of 1978.]
(2) With effect from the date of the coming into office of a Panchayat Samiti under sub-section (3) of section 94, [\* \* \* \* \* \*]
[Words and figures 'the provisions of the West Bengal Panchayat Act, 1957, relating to Anchal Panchayats and' omitted by W.B. Act 58 of 1978.]
the provisions of the West Bengal Zilla Parishads Act, 1963, relating to Anchalik Parishads shall stand repealed within the territorial limits of the Block.
(3) With effect from the date of the coming into office of a Zilla Parishad under sub-section (3) of section 140, the provisions of the West Bengal Zilla Parishads Act, 1963, relating to Zilla Parishads shall stand repealed in the district.
### 219. Vesting.
- When in consequence of the repeal of the enactments referred to in section 218 any Gram Panchayat, Nyaya Panchayat or Anchal Panchayat constituted under the West Bengal Panchayat Act, 1957, or any Anchalik Parishad or Zilla Parishad established under the West Bengal Zilla Parishads Act, 1963, ceases to exist [or when the Union Board constituted under the Bengal Village Self-Government Act, 1919, ceases to function,]
[Words and figures inserted by W.B. Act 58 of 1978.]
in any area -
(a) the authority, person or persons, if any, appointed under section 217 in respect of such Gram Panchayat, Anchal Panchayat, Anchalik Parishad or Zilla Parishad, as the case may be, shall cease to exercise all functions;
(b) all properties, movable or immovable and all assets -
(i) vested in such Gram Panchayat shall vest in the Gram Panchayat or Gram Panchayats constituted under this Act in such area in accordance with such allocation as may be determined by the prescribed authority and such determination shall be final,
(ii) vested in such Anchal Panchayat shall vest in such Gram Panchayat or Gram Panchayats constituted under this Act in such area in accordance with such allocation as may be determined by the prescribed authority and such determination shall be final,
(iia) [ vested in such Union Board shall vest in such Gram Panchayat or Gram Panchayats constituted under this Act in such area in accordance with such allocation as may be determined by the prescribed authority and such determination shall be final,]
[Sub-clause (iia) to clause (b) inserted by W.B. Act 58 of 1978.]
(iii) vested in such Anchalik Parishad shall vest in such Panchayat Samiti or Panchayat Samitis constituted under this Act in such area in accordance with such allocation as may be determined by the prescribed authority and such determination shall be final,
(iv) vested in such Zilla Parishad shall vest in the Zilla Parishad constituted under this Act;
(c) all rights acquired, all debts and obligations incurred, all matters and things engaged to be done -
(i) by such Gram Panchayat shall be deemed to have been acquired, incurred or engaged to be done by the Gram Panchayat or Gram Panchayats constituted under this Act in such area, as may be determined by the prescribed authority under sub-clause (i) of clause (b),
(ii) by such Anchal Panchayat shall be deemed to have been acquired, incurred or engaged to be done by such Gram Panchayat or Gram Panchayats constituted under this Act in such area, as may be determined by the prescribed authority under sub-clause (ii) of clause (b),
(iia) [ by such Union Boards shall be deemed to have been acquired, incurred or engaged to be done by such Gram Panchayat or Gram Panchayats constituted under this Act in such area, as may be determined by the prescribed authority under sub-clause (iia) of clause (b),]
[Sub-clause (iia) to clause (c) inserted by W.B. Act 58 of 1978.]
(iii) by such Anchalik Parishad shall be deemed to have been acquired, incurred or engaged to be done by such Panchayat Samiti or Panchayat Samitis constituted under this Act in such area, as may be determined by the prescribed authority under sub-clause (iii) of clause (b),
(iv) by such Zilla Parishad shall be deemed to have been acquired, incurred or engaged to be done by the Zilla Parishad constituted under this Act;
(d) all suits or other legal proceedings instituted or which but for the coming into office of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad constituted under this Act, might have been instituted by or against [the Union Board constituted under the Bengal Village Self-Government Act, 1919, on]
[Words and figures inserted by W.B. Act 58 of 1978.]
the Gram Panchayat or Anchal Panchayat constituted under the West Bengal Panchayat Act, 1957, or the Anchalik Parishad or Zilla Parishad established under the West Bengal Zilla Parishads Act, 1963, may be continued or instituted by or against the Gram Panchayat or Panchayat Samiti, as determined by the prescribed authority under subclauses (i) , (ii) [,iia]
[Brackets, figure and letter inserted by W.B. Act 58 of 1978.]
or (iii) of clause (b), or the Zilla Parishad, as the case may be, and in all such suits or other legal proceedings pending immediately before such constitution or establishment, such Gram Panchayat, Panchayat Samiti or Zilla Parishad constituted under this Act, shall stand substituted;
(e) all suits and cases pending before a Nyaya Panchayat constituted under the West Bengal Panchayat Act, 1957, shall be deemed to have been transferred to such Nyaya Panchayat constituted under this Act as may be determined by the prescribed authority,
(f) persons employed by -
(i) such Gram Panchayat and continuing in office immediately before the coming into office of the Gram Panchayat constituted under this Act for such area shall be deemed to be employed by such Gram Panchayat or Gram Panchayats constituted under this Act, as may be determined by the prescribed authority;
(ii) such Anchal Panchayat and continuing in office immediately before the coming into office of the Gram Panchayat or Gram Panchayats constituted under this Act for such area shall be deemed to be employed by such Gram Panchayat or Gram Panchayats constituted under this Act, as may be determined by the prescribed authority,
(iia) [ such Union Board and continuing in office immediately before the coming into office of the Gram Panchayat or Gram Panchayats constituted under this Act for such area shall be deemed to be employed by such Gram Panchayat or Gram Panchayats constituted under this Act, as may be determined by the prescribed authority,]
[Sub-clause (iia) to clause (f) inserted by W.B. Act 58 of 1978.]
(iii) such Anchalik Parishad and continuing in office immediately before the coming into office of the Panchayat Samiti or Panchayat Samitis constituted under this Act for such area shall be deemed to be employed by such Panchayat Samiti or Panchayat Samitis as may be determined by the prescribed authority,
(iv) [ such Zilla Parishad and continuing in office immediately before the coming into office of the Zilla Parishad constituted under this Act shall be deemed to be employed by such Zilla Parishad:] [[Sub-clause (iv) substituted by W.B. Act 37 of 1984, which was earlier as under:-
'(iv) such Zilla Parishad and continuing in office immediately before the coming into office of the Zilla Parishad constituted under (his Act shall be deemed to be employed by such Zilla Parishad on such terms and conditions, not being less advantageous than what they were entitled to immediately before such coming into office, as may be determined by the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, constituted under this Act;'.]]
Provided that the terms and conditions of such persons shall not be less advantageous than those enjoyed by them immediately before the coming into office of such Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be;
(g) all rules, orders, bye-laws and notifications made or issued from time to time under the provisions of the Bengal Local Self-Government Act of 1885, applicable to the District Board, or the West Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963, applicable to the Gram Panchayat, Anchal Panchayat, Anchalik Parishad and Zilla Parishad and continuing in force immediately before the coming into office of the Gram Panchayat, Panchayat Samiti and Zilla Parishad under this Act shall, after such coming into office, continue in force in so far as they are not inconsistent with the provisions of this Act until they are repealed or amended.
### 220. Prosecution.
- Prosecution in a court under this Act for breach of bye-laws may be instituted by a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad or by any person authorised by such Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, in this behalf.
### 221. Recovery of arrears.
- [All arrears of taxes, tolls, rates, fees and cess]
Words substituted for the words 'All arrears of taxes, tolls, rates and fees' by W.B. Act
[8 of 2003
.]
leviable by a Gram Panchayat, a Panchayat Samiti or Zilla Parishad under this Act shall, without prejudice to any other mode of recovery, be recoverable as public demands.
### 222. [\* \* \* \* \*] [[Section 222 omitted by W.B. Act 37 of 1984, which was as under:-
'222. Provisions for removing difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such steps or issue such orders not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the purpose of removing such difficulty.'.]]
### 223. Bye-laws.
(1) A Gram Panchayat, a Panchayat Samiti or a Zilla Parishad [shall make bye-laws]
Words substituted for the words 'may make bye-laws' by W.B. Act
[8 of 2003
.]
[or amend bye-laws]
[Words inserted by W.B. Act 37 of 1984.]
, not inconsistent with the provisions of this Act or the rules made thereunder, for enabling it to discharge its functions under this Act.
(1A)
[ The bye-laws made or amended under sub-section (1) shall be published by the Gram Panchayat or the Panchayat Samiti or the Zilla Parishad, as the case may be, in the manner prescribed.]
[Sub-Section (1A) inserted by W.B. Act 37 of 1984.]
(2) The State Government may, by notification, rescind any bye-law and thereupon such bye-law shall cease to have effect.
(3) In making a bye-law under sub-section (1), a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad may provide that a breach of the same shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing breach with a further fine which may extend to ten rupees for every day during which the breach continues after the offender has been convicted of such breach.
### 224. Power to make rules.
(1) The State Government may, after previous publication, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which under any provision of this Act, are required to be prescribed or to be provided for by rules.
(3) All rules made under this Act shall be published in the Official Gazette, and shall, unless some later date is appointed by the State Government, come into force on the date of such publication.
(4) All rules made under this Act shall be laid for not less than fourteen days before the State Legislature as soon as possible after they are made and shall be subject to such modification as the State Legislature may make during the session in which they are so laid. Any modification of the said rules made by the State Legislature shall be published in the Official Gazette, and shall, unless some later date is appointed by the State Government, come into force on the date of such publication.
[\* \* \* \* \* \* \* \*] [['First Schedule' omitted by W.B. Act 18 of 2004, which was as under:-
'First Schedule
Offences to be reported by a Chowkidar and a Dafadar
(See section 39.)
Murder, culpable homicide, rape (when the offender is not the husband of the woman raped), dacoity, robbery, theft, mischief by fire, house-breaking. counterfeiting currency notes, coins or stamps, possessing instruments or materials for the purposes of such counterfeiting, causing grievous hurt, riot, administering stupefying drugs, kidnapping, personating public servants. manufacturing, selling or possessing arms without a licence and going armed without a licence, and all attempts, preparations and conspiracies to commit, and abetments of the said offences.'.]]
Second Schedule
Offences triable by a Nyaya Panchayat
(See sections 51 and 52.)
Part A – 1. Offences under sections 26 and 27 of the Cattle-trespass Act, 1871.
---------------------------------------------------------------------------------
### 2. Offences under enactments (other than the Indian Penal Code and this Act) or any rules or bye-laws made thereunder which are punishable with fine only up to a limit of fifty rupees. ###
3. Offences under section 34 of the Police Act, 1861.
### 4. Offences under the Bengal Ferries Act, 1885, except those under sections 28 and 30. ###
5. Offences under the following sections of the Indian Penal Code, namely, sections 160, 269, 277, 289, 290, 294, 323, 341, 352, 358, 426, 447, 448, 504 and 510 and when the value of the property in the opinion of the Nyaya Panchayat is not over two hundred rupees, sections 379 and 411.
Part B – Offences under the following sections of the Indian Penal Code, namely, sections 283, 428, 430, 431, 506 and 509; and when the value of the property in the opinion of the Magistrate is not over two hundred rupees, section 403.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[Third Schedule] [[Third Schedule substituted by W.B. Act 42 of 1978, which was earlier as under:-
Third Schedule
Form of oath or affirmation to be made by a member of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad.
(See section 197.)
I, A. B., having been elected a member of the ....................... Gram Panchayat/Panchayat Samiti/Zilla Parishad do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully discharge the duties upon which I am about to enter.'.]]
Form of oath or affirmation to be made by a member of a Gram Panchayat, a Panchayat Samiti [, a Zilla Parishad or Mahakuma Parishad.]
[Words substituted for the words 'or a Zilla Parishad' by W.B. Act 20 of 1988.]
(See section 197.)
I, A.B., [\* \* \* \* \*]
[Words 'being an ex-officio member or' omitted by W.B. Act 37 of 1984.]
having been elected/appointed a member of the ..................... Gram Panchayat/ Panchayat Samiti/Zilla Parishad [/Mahakuma Parishad]
[Words inserted by W.B. Act 20 of 1988.]
do
| |
| --- |
|
| swear in the name of Godsolemnly affirm| that I will true faith and allegiance to the Constitution of India as by law established, and that I will faithfully discharge the duties upon which I am about to
|
enter.
|
65ba753cab84c7eca86eb722 | acts |
Union of India - Act
----------------------
The Edible Oils Packaging (Regulation) Order, 1998
----------------------------------------------------
UNION OF INDIA
India
The Edible Oils Packaging (Regulation) Order, 1998
====================================================
Rule THE-EDIBLE-OILS-PACKAGING-REGULATION-ORDER-1998 of 1998
--------------------------------------------------------------
* Published on 17 September 1998
* Commenced on 17 September 1998
The Edible Oils Packaging (Regulation) Order, 1998
Published vide Notification Gazette of India, Extraordinary, Part 2, Section 3(1) , dated 17th September, 1998 (w.e.f. 17th September, 1998).
G.S.R. 584(E) , dated 17th September,1998. - In exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (
10 of 1955
), the Central Government hereby makes the following Order, namely :-
### 1. Short title, extent and commencement.
(1) This Order may be called the Edible Oils Packaging (Regulation) Order, 1998.
(2) It shall come into force on the date of its publication in the Official Gazette.
### 2. Definitions.
- It this Order, unless the context otherwise requires.-
(a) "Act" means the Essential Commodities Act, 1955 (
10 of 1955
) ;
(b) "Edible Oils" mean vegetable oils and fats [but does not include]
[Substituted by G.S.R. 97(E) dated ,4th February, 2000 (w.e.f. 9th February, 2000).]
any margarine, vanaspati, bakery shorting and fat spread as specified in the Prevention of Food Adulteration Act, 1954 (
37 of 1954
) and rules made thereunder, for human consumption.
(c) "Edible Oils Commissioner" means the person appointed as Edible Oils Commissioner by the Central Government and includes any other person empowered by the Central Government to exercise any of all of the functions of the Edible Oils Commissioner under this Order ;
(d) "factory" means any premises including the precincts thereof wherein, or in any part of which one or more of the edible oils is packed or stored for sale;
(e) "Inspecting Officer' means an Inspecting Officer appointed under Clause 8 ;
(f) "label" means any written, marked, stamped, printed or graphic matter affixed to or appearing upon, any container containing any edible oil ;
(g) "registered packer" means a person who has obtained a certificate or registration under sub-clause (4) of Clause 4 for carrying on business of packing of any edible oil;
(h) "registering authority" means any officer of the State Government notified by that Government in the Official Gazette to exercise the powers and functions of a registering authority within the local areas as specified in the notification for the purposes of this Order ;
(i) "registration" means registration granted to a packer under Clause 4 of this Order.
(j) "sample" means a sample of any edible oil taken under the provisions of this Order ;
(k) "Schedule" means a Schedule appended to this Order ;
(l) The words and expressions used herein and not defined but defined in the Prevention of Food Adulteration Act, 1954 (
37 of 1954
) and the rules made thereunder have the meanings respectively assigned to them in that Act and rules made thereunder.
### 3. Prohibition as to sale, etc.
- On and from the 15th day of December, 1998, no person shall sell or expose for sale, or distribute, or offer for sale, or despatch, or deliver to any person for the purpose of sale any edible oil-
(a) which does not conform to the standards of quality as provided in the Prevention of Food Adulteration Act, 1954 (
37 of 1954
) and rules made thereunder; and
(b) which is not packed in a container, marked and labelled in the matter as specified in the Schedule I :
Provided that the State Government may, in the public interest, for reasons to be recorded in writing, in specific circumstances and for a specific period by a notification in the Official Gazette, exempt any edible oil from the provisions of this Order.
### 4. Registration.
(1) No person shall carry on business as a packer except under a certificate of registration granted to him under this Order and in accordance with the terms and conditions specified in the Schedule III.
(2) Every person who intends to carry on the business of a packer shall make. an application to registering authority in the Form specified in the Schedule II together with the fee to be paid to the State Government, in such manner as may be specified by the State Government.
(3) No person shall be eligible for grant of certificate of registration under this Order unless he has his own laboratory facilities and has appointed in that laboratory at least one chemist having Bachelor of Science Degree with Chemistry as one of the subjects or has made any other arrangement of a common laboratory for such purpose to the satisfaction of the registering authority for testing of samples of edible oils.
(4) After making necessary enquiries, the registering authority may, as he deems fit, issue certificate of registration containing terms and conditions to the applicant as specified in Schedule III or reject the application, for reasons to be recorded in writing, within ninety days from the date of receipt of application :
Provided that where the registering authority issues certificate of registration under this sub-clause, it shall forward a copy of the certificate of registration to the Edible Oils Commissioner within fifteen days from the days from the date of such registration.
(5) Where a certificate of registration is not granted to a person under this clause, the fee paid by him shall be refunded to him in the manner as specified by the State Government.
### 5. Requirements to be complied with by the registered packer.
(1) No registered packer shall pack any edible oil except under and in accordance with the provisions of this Order.
(2) Every registered packer shall pack edible oils in conformity with the sanitary and other requirements specified in the Schedule IV.
(3) Every registered packer shall, in regard to packing, marking and labelling the containers of edible oils, comply with the requirements specified in the Schedule-I.
(4) Notwithstanding anything contained in sub-clause (1) and (2), the Edible Oils Commissioner may by order published in the Official Gazette, specify any other conditions to be complied with by a registered packer, and it shall be the duty of every registered packer to comply with such conditions.
### 6. Period of validity of certificate of registration.
- A certificate of registration unless sooner suspended or cancelled, shall be valid for a period of three years from the date of registration.
### 7. Renewal of certificate of registration.
(1) Every registered packer shall make an application for renewal of the registration within the period of sixty days before the date of expiry of the certificate of registration to the registering authority in the form specified in the Schedule II together with the fee specified by the State Government to be paid to the registering authority in the manner as may be specified by the State Government for such renewal.
(2) On receipt of an application, under sub-clause (1), the registering authority may renew the certificate of registration for a further period of three years at a time.
(3) Notwithstanding anything contained in sub-clauses (1) and (2), the certificate of registration issued or renewed under this Order shall be valid till a decision on the application for its renewal is taken by the registering authority.
### 8. Appointment of Inspecting Officers.
- The Central Government or the State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the qualifications determined by the Government for this purpose to be Inspecting Officers for such local areas as may be assigned to them by the Central Government or the State Government, as the case may be :
Provided that no person who has any financial interest in the packing of edible oils shall be appointed to be an Inspecting Officer under this Order.
### 9. Power to carry out inspection, entry and sampling.
(1) The Edible Oils Commissioner and Inspecting Officers of the Central Government as well as of the State Government may enter and inspect any premises or vehicle and seize stocks of edible oils, in respect of which he has reason to believe that a contravention of any of the provisions of this Order has been or is being or is likely to be committed.
(2) The Edible Oils Commissioner or Inspecting Officer may enter and inspect any place where any edible oil is packed, stored and sold and take sample of such oil for examination in the manner as specified by the Central Government in the case of Edible Oils Commissioner and Inspecting Officer appointed by the Central Government or the State Government in the case of Inspecting Officer appointed by the State Government.
### 10. Laboratory for analysis.
(1) An edible oil sample, drawn by the Edible Oil Commissioner or an Inspecting Officer of the Central or State Government, authorised under this Order, shall be analysed by a laboratory of the Central or State Government or a laboratory authorised for this purpose by the Edible Oils Commissioner.
(2) The laboratory shall make a report to the Edible Oils Commissioner or any Officer or authority of the Central Government or State Government authorised in this behalf by that Government as the case may be, of the results of analysis of the sample sent to it for examination.
### 11. Power to prescribe monthly returns.
(1) Every registered packer shall furnish, by the 7th of the each following month, to the State Government, a return in respect of edible oils packed and sold by him during a month in the proforma as specified in the Schedule V.
(2) The State Government shall intimate to the Edible Oils Commissioner information relating to each edible oil packed and sold by the registered packers in the State at the end of the each following month in consolidated form.
### 12. Suspension of Certificate of registration.
- The registering authority may, after giving the registered packer an opportunity in writing to show cause and after giving him one month's notice, suspend a certificate of registration issued to him under this Order for any breach of terms and conditions of the certificate of registration or for contravention of the provisions of this Order or for any failure to comply with any order, direction or requisition made under this Order :
Provided that where the edible oil being found to contain harmful substances such as, argemone oil, mineral oil, or any other substance injurious to human health, the certificate of registration of the registered packer shall be suspended immediately by the registering authority without issuing a show-cause notice.
### 13. Appeal.
- A registered packer aggrieved by any order passed by the registering authority under this Order may appeal against such order to the State Government within a period of thirty days from the date on which such order has been communicated to him and the State Government shall give opportunity of being heard to the registered packer and the registering authority before making any decision in such appeal.
### 14. Power to review.
- A review petition may be filed to the Edible Oils Commissioner against the decision of the State Government under Clause 13 by any party aggrieved by such decision within thirty days from the date of such decision and the Edible Oils Commissioner shall decide the review petition after giving the parties in such petition the opportunity of being heard.
### 15. Power to issue directions.
- The Edible Oils Commissioner may, if he deems fit for the purpose of giving effect to the provisions of this Order, issue such directions which are not inconsistent with the provisions of this order.
I
---
Requirements to be complied with in regard to packing, marking and labelling of the container containing edible oil
[See Clause 5(3) ]
### 1. [ Every container in which edible oil is packed shall bear the following particulars in English or Hindi in Devnagri Script : (a) the name, trade name (if any) ;
(b) name and address of the packer ;
(c) the name/description of the contents ;
(d) the net mass/volume of the contents ;
(e) the batch No., month and year of manufacture ; and
(f) registration No.
Provided that nothing contained in this para, shall prevent the use of any other language in addition to the language required under this para.]
[Substituted by G.S.R. 710(E) , dated 30th November, 1998 (w.e.f. 30th November, 1998).]
### 2. The Registration No. shall bear three parts. The first part will be EOP. The second part shall be the name of the concerned State Government. The third part shall be numerical No. given by State Government to the packer. Illustration : For the State of Uttar Pradesh, it shall be, for example, EOP/UP/001.
### 3. The type size of the matter and numericals shall be specified under the provisions of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. ###
4. The label shall not contain any statement or claim which is false or misleading in respect of any edible oil contained in the package or concerning the quantity or quality or the nutritional value of the such edible oil.
### 5. Edible oil shall be packed in conformity with the provisions of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 and the Prevention of Food Adulteration Act, 1954 ( 37 of 1954
) and rules thereunder.
II
----
[See Clauses 4(2) and 7(1)]
Form
Application for grant/renewal of Certificate of Registration under the Edible Oils Packaging (Regulation) Order, 1998 for the period commencing from ................. to .....................
### 1. Name and address of the applicant or registered packer : ###
2. Address of the factory
(i) No ............ (In case there is no premises No., the boundaries of site shall be noted)
(ii) Municipality/Notified Area/Town Area/Railway Area/Village of .....................
(iii) District of ......................
(iv) State of ..........................
### 3. No ................. and dated .................. (No. of certificate of registration, if any, already granted under this Order). ###
4. [Description]
[Insert the name and nature of edible oils and fats for which application is made for grant or renewal of certificate of registration.]
of the edible oils and fats
(i) (ii)
(iii) 5. Period for which certificate of registration is required.
### 6. Details of the equipments installed for packing of edible oils and fats : (i) (ii)
(iii) 7. Details of laboratory testing facilities installed or arrangements made for testing of edible oils and fats as required under sub-clause (3) of Clause 4 of this Order:-
(i) (ii)
(iii) 8. I/We hereby undertake to comply with all the provisions of the Edible Oils Packaging (Regulation) Order, 1998.
### 9. I/We have forwarded requisite fee in respect of grant/renewal of certificate of registration to the registering authority in the manner as specified by the State Government. Dated ...........
(Signature of the applicant/registered packer)
Note : Please strike out which is not applicable.
III
-----
Certificate of Registration
[See Clause 4(4) ]
[Under the Edible Oils Packaging (Regulation) Order, 1998]
An application dated .......... for grant/renewal of certificate of registration under the said Order having been received from (Name) .......... son of .......... resident of .......... district of ........ in the State of ............. subject to the provisions of the said Order and to the terms and conditions specified below, Shri/Ms .............. (Name and address of the packer) hereby granted/renewed certificate of registration No. EOP/ .................. (Name of the State/ ........... (Numerical No. allotted by the State Government) to carry on the sale of packed edible oils and fats namely .................. (Insert the name and nature of edible oils and fats for which certificate of registration has been granted), as a registered packer in the premises :
Dated ...........
Signature of the registering authority
Terms and conditions of certificate of registration
### 1. The business premises where the edible oils are stored/packed for sale, shall be maintained in proper hygienic conditions. ###
2. No registered packer shall employ any person who is suffering from infections/contagious disease which is likely to affect packing in hygienic conditions.
### 3. Every registered packer shall maintain a register showing the quantity received, packed for sale, and sold, in the form as specified by the State Government and this register shall be produced by the registered packer to the Inspecting Officer on demand for inspection. ###
4. The registered packer shall pack and sell edible oils which shall be free from any adulterant and labelled in accordance with the said Order.
### 5. No article which is not intended for human consumption shall be stored or sold in the same premises where such edible oils are stored or packed. ###
6. The Registration No. shall be displayed prominently at the entrance of the business premises.
### 7. This certificate or registration shall be valid with effect from ............... to ........... unless previously cancelled or suspend under the provisions of this Order. ###
8. These conditions of certificate of registration are, in addition to the other conditions which may be specified under the provisions of this Order.
IV
----
[See Clause 5(2) ]
Sanitary and other requirements to be complied with by a registered packer
The factory of the registered packer shall, in the opinion of the registering authority, be fit for packing edible oils for which the certificate of registration is granted to him. The minimum sanitary requirements are given below :-
(i) The premises of the factory of the registered packer shall be clean, adequately lighted and ventilated, properly whitewashed or painted. There shall be proper and adequate arrangements for disinfecting and deodorising in such premises and there should preferably be space around it on all sides.
(ii) The building of such each shall be of a permanent nature and shall be of brick masonary cement, concrete and any other material which would ensure cleanliness. The ceiling of roof of such building shall be of permanent nature. The floor of such building should be cemented, tiled or laid in stone to withstand the use of acid or alkali. Walls of such building shall be tiled or otherwise made impervious to water upto a height of at least 1.5 metres from the floor level.
(iii) The establishment of such factory shall be so maintained as to permit hygienic production and all operation in connection with the packing of edible oils, be carried out carefully under strict sanitary conditions as laid down by the State Government. The premises of such factory shall not be used as residential premises; nor shall it have or be capable of having direct access to such premises.
(iv) There shall be an efficient system and provision for treatment of refuse and effluents before disposal in such factory. Such facilities shall conform to the requirements laid down by the local water and drainage control authorities and the respective State Pollution Control Board.
(v) No person suffering from infectious or contagious disease shall be allowed to work in the premises of such factory. Arrangements shall be made by the registered packer to get the staff medically examined once in six months to ensure that they are free from infectious, contagious and other diseases. The staff working in such factory shall by inoculated against the enteric group of disease and vaccinated against small pox.
In case of epidemic, all workers of such factory shall be inoculated/vaccinated. No employees of such factory who is suffering from a hand or face injury, skin infection or clinically recognisable infectious disease shall be permitted to work in the factory.
V
---
[See Clause 11(1) ]
Monthly statement in respect of edible oils stored/packed/sold under the provision of Edible Oils Packaging (Regulation) Order, 1998
### 1. Name and address of the registered packer : ###
2. Certificate of Regulation No ................... EOP/-(Name of the State)/ ......... Numerical No. allotted by the State)
### 3. Details of edible oils stored/packed/sold : | | | | |
| --- | --- | --- | --- |
|
Month of transaction
|
[Quantity (in quintal) of edible oil]
[Edible oils commodity wise.]
|
To whom sold (with complete address)
|
Stock in hand (In quintal)
|
|
|
Stored
|
[Packed]
[Packed quantity/volume-wise.]
|
sold
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65ba1dd0ab84c7eca86eaa52 | acts |
State of Maharashtra - Act
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The Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971
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MAHARASHTRA
India
The Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971
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Rule THE-MAHARASHTRA-SPECIFIED-CO-OPERATIVE-SOCIETIES-ELECTIONS-TO-COMMITTEES-RULES-1971 of 1971
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* Published on 25 August 1971
* Commenced on 25 August 1971
The Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971
Published vide Notification No. G. N., A. & C. D., No. WPC. 2871/10854-C-5, dated 25th August, 1971 (M.G.G. Part 4B, p. 1458)
No. WPC-2871/10854-II-C-5. - In exercise of the powers conferred by sub-section (2) of Section 144-F, sub-section (4) of section 144-T, section 144-X, and clauses (xi) and (lxxv) of sub-section (2) and sub-section (1) of section 165 of the Maharashtra Co-operative Societies Act, 1960 (Maharashtra XXIV of 1961) and of all other powers enabling it in this behalf, the Government of Maharashtra, hereby, makes the following rules, the same having been previously published, namely :-
### 1. Short title, extent and application.
(1) These rules may be called the Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971.
(2) They extend to the whole of the Stale of Maharashtra.
(3) These rules shall apply to the elections to (he committees of specified societies.
### 2. Definitions.
- In these rules, unless the context otherwise requires,-
(a) "Act" means the Maharashtra Co-operative Societies Act, 1960 (Maharashtra XXIV of 1961);
(b) [ "Constituency" means an electoral division as specified in the bye-laws of the Society :
[Substituted by G. N. of CSL. 2278/45691/(205) /15-C, dated 19.12.1978.]
Provided that, in the case of any District Central Co-operative Bank, notwithstanding anything contained in these rules or in the bye-laws or election rules of such Bank, for the purpose of election of any member or members of the committee of such Bank representing the primary agricultural credit and multi-purpose societies and grain banks, the number of the constituencies shall be the same as the number of the members of the committee of such Bank representing the primary agricultural credit and multi-purpose societies and grain banks. Each local area in the District, which is constituted as a Block under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 or as a Taluka under the Maharashtra Land Revenue Code, 1966, or as may be specified in the bye-laws or election rules of such bank, shall be a constituency, but where there are more Blocks or Talukas than the number of members of the committee representing the primary agricultural credit and multipurpose societies and grain banks, each constituency shall consist of one or more such blocks or Talukas, as the case may be, as may be specified in the bye-laws or election rules of such Bank.]
[\* \* \*]
[Second proviso was deleted by G. N. No. CLS. 2179/23298-15-C-(98) dated 18.6.1980 (M.G.G., Part IV-B, Extraordinary, p. 513).]
(c) "Election" includes the first general or regular election of a specified society after its registration ;
(d) "Form" means a Form appended to these rules:
(e) "List of Voters" means the list of voters as finalised in accordance with sub-rule (4) of rule 6;
(f) "Public Holiday" means any day which is a public holiday for the purpose of section 25 of the Negotiable Instruments Act, 1881 (26 of 1881) or any day which is declared by the State Government to be a holiday for Government offices in the Stale or any part thereof;
(g) "Reserved seat" means a seat reserved for the members belonging to the scheduled castes, scheduled tribes, Vimukta Jatis and weaker sections under section 73-B;
(h) "Returning Officer" includes the Assistant Returning Officer;
(i) "Section" means a section of the Act;
(j) [ "Specified societies" or "society" means a specified society as defined in clause (c) of sub-section (2) of section 144-A;]
[Substituted by G.N. of 19.7.1972.]
(k) words and expressions used in the Act and not defined in these rules shall have the meaning assigned to them in the Act.
### 3. Annual Report of names of societies in which elections are to be held.
- The District Deputy Registrar shall, by the 5th day of April every year, report to the Collector the names and addresses of the societies in his District, in which elections are to be held during the year under the provisions of section 73G read with Chapter XI-A. The District Deputy Registrar shall send to the Collector with his report two copies of the bye-laws of each of the said societies.
### 4. Provisional list of voters.
- [(1) A provisional list of voters shall be prepared by every society for the year in which general election is due to be held. [The persons who have completed minimum period of two years as members from the date of their enrollment before]
[Substituted by G.N. of 27. 10.1971.]
30th June of the year immediately preceding the year in which such election is due shall be included in the provisional list. If different constituencies are provided in the bye-laws. the names of voters shall be arranged constituency wise as laid down in the bye-laws :]
[Provided that, if in any case, the preparation of the provisional list of voters falls due after the expiry of a period of six months from the 30th June, the Collector may, in consultation with the Registrar in respect of the societies of the categories mentioned in clauses (i) , (v), (vi) and (vii) of subsection (1) of section 73G, and in consultation with the District Deputy Registrar in respect of the societies the other categories mentioned in subsection (1) of section 73G, by order, change the date of the 30th June, and subsequent dates and fix revised dates for the purpose of these rules.]
[Added by G.N. of 8.9.1978.]
(2) Four copies of the authenticated provisional lists of voters shall be sent by every society to the Collector through the District Deputy Registrar so as to reach the Collector by the 15th July, of the year in which the general election is due. Copies of the said list shall be displayed on the notice board of the society. The District Deputy Registrar and the Collector by the 20th July of that year for inviting claims and objections.
(3) If any society fails to send copies of the provisional list of voters to the Collector through the District Deputy Registrar, by [the 15th July,]
[Substituted by G.N. of 27.10.1971.]
the Collector shall himself or through any person authorised by him, in this behalf, prepare a provisional list of voters and the expenditure incurred therefor, shall be recovered from the society as arrears of land revenue.
(4) In the event of the Collector taking action under the last preceding sub-rule, he shall also cause copies of the provisional list of voters to be displayed on his noticeboard and on the notice board of the District Deputy Registrar and the society by [the 23rd July,]
[Substituted by G.N. of 19.7.1972.]
for inviting claims and objections.
### 5. Particulars to be included in provisional list of voters.
(1) The provisional list of voters in the case of individual share holders, shall contain the name, father's or husband's name, surname (if any) of every person entitled to be registered as a voter, with such other particulars as may be necessary to identify him.
(2) [ Where a society is a member of a specified society, the specified society shall call for the name of the delegate duly authorised to vote at an election on behalf of the affiliated society, so as to reach it by the 2nd July. While communicating the name of its delegate to the specified society the affiliated society shall enclose a copy of the resolution of the society, or its committee under which the delegate is so authorised. The specified society shall include in the list of voters the names of all such delegates as have been communicated to it before the date fixed for publication of the provisional list. In addition to the names of the delegates, the list shall contain the names of the affiliated societies, their registration numbers and addresses and the names of constituencies if any. to which they belong. A society which has communicated the name of its delegate shall by like resolution be permitted to change the name of its delegate not later than 7 days before the date appointed by the Collector under rule 16 of said rules for making nominations.]
[Substituted by G.N. of 10.1.1980.]
### 6. Claims and objections to provisional list of voters.
(1) When any provisional list of voters is published for inviting claims and objections, any omission or error in respect of the name or address or other particulars in the list may be brought to the notice of the Collector by [any member of the society concerned, who is a voter or any delegate authorised to vote on behalf of such society]
[Substituted by G.N. of 19.6.1974.]
.
(2) Every person making a claim or raising an objection, shall do so by a separate petition, which shall be presented to the Collector on or before the 31st July, during office hours.
(3) Every claim or objection shall be preferred in writing and state the grounds on which the claim is based or the objection is raised, as the case may be.
(4) The Collector shall, after considering each claim or objection, give his decision thereon in writing to the person concerned before the 10th August and take steps to correct the provisional list wherever necessary. The list as finalised by the Collector after deciding all claims and objections shall be the final list of voters.
(5) [ Notwithstanding anything contained in sub-rule (4), any person who is a member of the society as on the 30th day of July of the year immediately preceding the year in which such election is due or on such subsequent date as may be fixed by the Collector under sub-rule (1) of rule 4 and whose name is not included in the final list of voters prepared by the Collector under sub-rule (4) and who is desirous of being registered as a voter may apply in writing to the Collector in Form 1-A [within a period of fifteen days from the date of display of final list of voters under rule 7].
[Added by G. N. CSL. 2279/8/15-C, dated 10.1.1980.]
(6) Every such application received by the Collector shall be forwarded by him within three days of the date of receipt by him to the District Deputy Registrar for enquiry. The District Deputy Registrar shall cause an enquiry to be made into the application and submit his report to the Collector, along with his recommendations within 7 days from the date of receipt of the application by him from the Collector.
(7) The Collector shall after considering the application and the report of the District Deputy Registrar, give his decision in writing to the persons concerned, before the first date fixed for making nominations. If the Collector decides that the name of the applicant should be registered as a voter, he shall accordingly modify the list finalised by him earlier under sub-rule (4) and the list so modified shall then be treated as the final list of voters.
### 7. Final list of voters.
- Copies of the final list of voters of every society, shall be displayed on the notice board of offices of the Collector, the District Deputy Registrar and the society.
When the voters' list was prepared, the name of the voter was excluded from the voters' list, at that time objection was not taken at the time of provisional list or final list.
The Petitioner can have remedy by way of election petition under section 144 T and not under Rules 5 and 7 of the Maharashtra Specified Co-operative Societies (Election to Committees) Rules, 1971.
### 8. [ Power to Collector to alter dates for list of voters.
[Substituted by G.N. of 8.9.1978.]
- Notwithstanding anything contained in the foregoing rules, the Collector may, in the case of all or any of the societies of the categories mentioned in clauses (i) , (v), (vi) and (vii) of sub-section (1) of section 73G, in consultation with the Registrar, and in any case of all or any of the Societies of the categories mentioned in other clauses of sub-section (1) of section 73G, in consultation with the District Deputy Registrar, by general or special order, alter all or any of the dales prescribed therein and appoint such revised dates as he deems fit.]
### 9. Appointment of Returning Officers.
- The Collector shall, whenever necessary, appoint a Returning Officer for one or more constituencies of a society as specified in its bye-laws :
Provided that, in case where no other person is appointed, as a Returning Officer, the Collector himself shall be deemed to be the Returning Officer and shall perform all the functions of a Returning Officer under these rules.
### 10. Appointment of Assistant Returning Officer.
- The Collector may also appoint one or more persons to be called the Assistant Returning Officer to assist the Returning Officer in the performance of his functions.
(2) Every Assistant Returning Officer shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer :
Provided that, no Assistant Returning Officer shall, perform any of the functions of the Returning Officer, which relate to the scrutiny of the nominations; unless the Returning Officer is unavoidably prevented from performing the said function.
### 11. General duty of Returning Officer.
- It shall be the general duty of Returning Officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided in the Act and the rules and bye-laws made thereunder.
### 12. Polling Stations.
- The Returning Officer shall, if necessary, provide a sufficient number of polling stations for any constituency for which election is to be held and shall, at least, [fifteen days]
[Substituted by G.N. of 19.10.1974.]
before the date of poll, publish, on the notice board of the society and in such other manner as he deems fit, a list showing the polling stations so provided and the polling areas for which they have respectively been provided.
### 13. Appointment of Presiding Officers and Polling Officers.
(1) Returning Officer shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but shall not appoint any person who has been employed by or on behalf of or has been otherwise working for. a candidate in or about the election :
Provided that, if a polling officer is absent from the polling station, the presiding officer may appoint any person who is present at the polling station, other than a person who has been employed by or on behalf of or has been otherwise Working for a candidate in or about the election, to be the polling officer during absence of the former officer and inform the Returning Officer accordingly.
(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer under the Act or any of the rules and bye-laws made thereunder.
(3) If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorised by the presiding officer, to perform such functions during any such absence.
### 14. General duty of Presiding Officer and Polling Officer.
(1) It shall be the general duty of the presiding officer at a polling station to keep order thereat and to see that the poll is fairly taken.
(2) It shall be the duty of the polling officers at a polling station to assist the presiding officer for such station in the performance of his functions.
### 15. Control.
- The Returning Officer, Assistant Returning Officers, Presiding Officers, Polling Officers and other persons appointed for any of the purposes of these rules shall work under the general guidance, superintendence and control of the Collector.
### 16. Appointment of dates, etc., for various stages of an election.
(1) (a)
The Collector, in consultation with the Registrar in the case of societies falling under section 73G(1) (i) and in consultation with the District Deputy Registrar, in the case of societies falling under other clauses of section 73G(i) shall draw [not earlier than thirty days of the date of display of the final list of voters of a society under rule 7.]
[Inserted by G.N. No. CSL. 2280/37535-C(103) , dated 17.7.81 (M.G.G., Part IV-B, Ex. p. 1518).]
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(i) [
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The last date for making nominations.
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Seven days from the date of order of the Collector.
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(ii) |
The date of publication of nominations received.
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As and when received till the last date fixed for making
nominations.
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(iii) |
The date of scrutiny of nominations.
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Not later than two days after the last date for making
nominations.
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(iv) |
Date of publication of the list of valid nominations after
scrutiny.
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Next day after the scrutiny, subject to the decision of an
appeal, if any.
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(v) |
Date of publication of the list of valid nominations, if an
appeal is preferred.
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Not later than 2 days from the decision of an appeal.
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(vi) |
Date by which candidature is withdrawn.
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Within 15 days from the date of publication of the list of
valid nominations after scrutiny, if an appeal is not preferred
or within 5 days from the date of publication of the valid list
of nominations after decision of an appeal.
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(vii) |
Date of publication of final list of contesting candidates.
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The day next succeeding the last date fixed for withdrawal of
candidatures.
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(viii) |
Date on which and the time during which poll shall be taken.
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15 days from the date of publication of the final list of
contesting candidates.
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(ix) |
Date and the time and place for counting of votes.
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The second or third day from the date on
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(x) |
Date of declaration of the results of voting.]
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[Substituted by G.N. of 25.3.1994.]
Explanation. - (1) (a) If the last date in reckoning dates as specified in the above cases is a public holiday, the next succeeding working day shall be fixed for the respective events.
(b) There shall be at least one polling station for every 1,000 voters or more and the number and places of the polling stations shall be fixed in consultation with the societies concerned. In case the polling stations are spread over either in the district or the town, the Collector shall make arrangements to get all the ballot boxes [to the office of the Returning Officer or to the registered office of the societies as he deems fit]
[Substituted by G.N. of 19.7.1972.]
. The date on which the ballot boxes should be so brought shall also be mentioned in the order in Form 1 :
Provided that, the Collector may at his discretion specify the number of polling stations for a lesser number of voters with due regard to the convenience of the voters.
(c) Except with the previous approval of the Registrar, the dates fixed under this rule shall not be changed within seven days of the date fixed for the poll :
Provided that, if the Collector is of opinion that it is necessary in the public interest to modify the order and there is no sufficient time for obtaining the previous approval of the Registrar to such modifications, the Collector may, for reasons to be recorded in writing, modify the order without the previous approval of the Registrar. In every such case, the Collector shall forthwith send a copy of the modified order along with the reasons recorded by him for such modification to the Registrar.
(2) Nothing contained in this rule shall apply when a fresh poll is taken under rule 51.
### 17. Manner of publication of order under Rule 16.
- The Collector shall send a copy of the order made under rule 16, not later than 25 days before the date fixed for the poll, to the society either personally or through post under certificate of posting addressed to the society at its registered place of address and in addition, the said order-
(a) shall be passed on the notice-boards of the offices of the Collector, the Returning Officer, the District Deputy Registrar and the society, and
(b) shall be published at least in one daily newspaper circulating in the area of operation of the society.
### 18. Nomination of candidates.
(1) Any person may be nominated as a candidate for election to fill a seat, if he is qualified to be chosen to fill that seat under the provisions of the Act, rules and bye-laws and his name is entered in the list of voters :
[Provided that, in the case of joint or associate members, only the member whose name stands first in the share certificate shall be eligible to be nominated as a candidate for the election :]
[Added by G.N. of 8.9.1978.]
[Provided further that, in the case of a member contesting election for reserved seats as provided under the provisions of section 73-B, it is not necessary that his name should appear in the list of voters.]
[Amended by CSL. 1185/49256/CR-218/15-C, dated 14.7.1986.]
(2) Every nomination paper presented under rule 19 shall be completed in Form II:
[Provided that a failure to complete, or a defect in completing, the declaration as to symbols in a nomination paper shall not be deemed (o be a defect of a substantial character within the meaning of sub-rule (4) of rule 23.]
[Added by G.N. of 8.9.1978.]
(3) [ Any person whose name is entered in the list of voters may be a proposer or a seconder for nominating a candidate for election:]
[G.N. CSL 2279/8/15-C, dated 10.1.1980.]
[Provided that, where the voters in any particular constituency are three or less, the name of the person to be nominated as the candidate may be proposed or seconded by voters from any other constituency]
[Substituted by G.N. CSL. 2182/4280/CR-11/15-C, dated 31.12.1986.]
.
(3A)
[ [\* \* \*]
[Inserted by G.N. of 8.9.1978.]
(4) A nomination paper shall be supplied by the Returning Officer to any voter on demand.
### 19. Presentation of nomination paper and requirements for valid nominations.
(1) On or before the date appointed under sub-rule (1) of rule 16. each candidate shall either in person or by his proposer deliver to the Returning Officer during the time and at the place specified in the order made under the said rule, a nomination paper completed as provided by rule 18 and signed by the candidate [and by two voters of his constituency one of which shall be a proposer and other seconder.]
[Added by G.N. of 10.1.1980.]
(2) Any person who is not subject to any disqualification as a voter under the Act, rules or bye-laws and whose name is entered in the list of voters for the constituency for which the candidate is nominated, may subscribe as proposer [and as seconder.]
[Substituted by CSL 1185/49256/CR-218/15-C, dated 14.7.1986.]
(3) In the case of a reserved seat under the provisions of section 73-B. a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular scheduled caste, scheduled tribe or Vimukta Jati of which he is a member [or in the case of member belonging to the weaker section, a declaration that he is a member of such weaker section within the meaning of section 73-B specifying the particulars of the general or special order of the State Government under which he claims to be the member of such weaker section]
[Substituted by CSL 1185/49256/CR-218/15-C, dated 14.7.1986.]
.
(4) On the presentation of a nomination paper, the Returning Officer shall satisfy himself that the names and the numbers of the candidate and his proposer [and seconder]
[Substituted by CSL 1185/49256/CR-218/15-C, daied 14.7.1986]
as entered in the nomination paper are the same as those entered in the list of voters referred to in rule 7. If a nomination paper is rejected under this sub-rule, the Returning Officer shall record thereon his reasons for rejecting the same and in that case, the candidate may deliver a fresh nomination paper subject, however, to all the provisions of this rule :
Provided that, the Returning Officer shall permit any clerical or technical error in the nomination paper in regard to the said names or numbers to be corrected in order to bring them into conformity with the corresponding entries in the list of voters, and where necessary, any clerical or printing error in the said entries shall be over-looked.
### 20. Symbols for elections.
(1) The Returning Officer shall specify the symbols that may be chosen by the candidates at the election from among those specified by him, but he shall not allot any symbols which are associated with political parties.
(2) Where at any such election, more nomination papers than one are delivered by or on behalf of a candidate, the declarations as to symbols made in the nomination paper first delivered, and no other declarations as to symbols shall be taken into consideration under Rule 26 even if that nomination paper has been rejected.
### 21. Deposits.
- A candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited with the Returning Officer a sum of rupees fifty in cash and where the candidate is member of scheduled castes or scheduled tribes or Vimukta Jatis or of a weaker section a sum of rupees five :
Provided that, where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this rule.
### 22. Notice of nomination and time and place for the scrutiny The Returning Officer shall on receiving the nomination paper under rule 19 inform the person or persons delivering the same, of the day, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper, its serial number and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him: and shall as soon as may be thereafter cause to be affixed in some conspicuous place in his office, a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of the proposer.
### 23. Scrutiny of nomination papers.
(1) On the date fixed for the scrutiny of nomination papers under Rule 16, the candidates, their election agents, one proposer of each candidate and one other person duly authorised in writing by each candidate, but no other person, may attend at the time and place appointed in this behalf under rule 16, and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered as required by rule 19.
(2) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may. either on such objection or on his own motion, after such summary inquiry, if any. as he thinks necessary reject any nomination on any of the following grounds, that is to say-
(a) that the candidate is disqualified for being chosen to fill the seat by or under the Act;
(b) that the proposer is disqualified from subscribing a nomination paper:
(c) that there has been a failure to comply with any of the provisions of rule 19 or 21;
(d) that the signature of the candidate or the proposer on the nomination paper is not genuine.
(3) Nothing contained in clause (c) or (d) of sub-rule (2) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.
(4) The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.
(5) The Returning Officer shall hold the scrutiny on the date appointed in this behalf under rule 16 and shall not allow any adjournment of the proceedings, except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control :
Provided that, in case any objection is raised by the Returning Officer or is made by any other person, the candidate concerned may be allowed time to rebut it not later than the next day, and the Returning Officer shall record his decision on the date to which the proceedings have been adjourned.
(6) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.
(7) For the purposes of this rule, the production of a certified copy of an entry made in the voters' list of the relevant constituency shall be conclusive evidence of the right of any voter named in that entry to stand for election, unless it is proved that the candidate is disqualified.
### 24. Publication of list of valid nominations.
- Immediately after all the nomination papers have been scrutinised and decision accepting or rejecting the same have been recorded the Returning Officer shall prepare a list of candidates whose nominations have been accepted. Immediately after the scrutiny is over, the Returning Officer shall affix the list on his notice-board and shall record the date on which and the time at which, the list was so affixed.
### 25. Withdrawal of candidate.
(1) Any candidate may withdraw his candidature by notice in writing in Form II-A and deliver to the Returning Officer.
(2) The notice shall be delivered to the Returning Officer before 3 o'clock in the afternoon on [the last date fixed under rule 16 for withdrawal of [candidatures). ]
[Substituted by G.N. of 11.5.1972.]
(3) The notice may be given either by the candidate in person or by his proposer or election agent who has been authorised in his behalf in writing by the candidate.
(4) No person who has given a notice of withdrawal of his candidature under sub-rule (1) shall be allowed to cancel the notice.
(5) The Returning Officer shall, on being satisfied as to the genuiness of a notice of withdrawal and the identity of person delivering it under sub-rule (1), cause a notice to be affixed on the notice-board in his office.
### 26. Preparation of list of contesting candidates.
(1) [On the day next succeeding the last date fixed under Rule 16 for withdrawal of [candidatures]
[Substituted by G.N. of 11.5.1972.]
the Returning Officer shall prepare and publish in Form III a list of contesting candidates, that it is to say, candidates whose nomination papers have been finally accepted and who have not withdrawn their candidature [within the prescribed period.]
[Inserted by G.N. of 29.7.1972.]
(2) The said list shall, subject to the provisions of sub-rule (3), contain the names in alphabetical order in the language in which the list of voters is prepared and the addresses of the contesting candidates as given in the nomination papers.
(3) The list of contesting candidates referred to in sub-rule (1) shall contain the particulars set out in From III.
(4) The alphabetical order referred to in sub-rule (2) shall be determined with reference to the surnames of the candidates having surnames, and the names proper of other candidates.
(5) Where a poll becomes necessary, the Returning Officer shall consider the choice of symbols expressed by the contesting candidates in their nomination papers and shall-
(a) allot a different symbol to each contesting candidate in continuity . as far as practicable, with his choice, and
(b) if more contesting candidates than one have indicated their preference for the same symbol, decide by lot to which of such candidates the symbol will be allotted.
(6) The allotment by the Returning Officer of any symbol to a candidate shall be final.
(7) Every candidate shall forthwith be informed by the symbol allotted to him and be supplied with a specimen thereof by the Returning Officer.]
### 27. Publication of list of contesting candidates.
- The Returning Officer shall, immediately after its preparation, cause a copy of the list of contesting candidates to be affixed on the notice-board in his office and shall also supply a copy thereof to each of the contesting candidates and, on demand, to his election agent.
### 27A. [ Appointment of election agent and revocation of such appointment.
[Substituted by G.N. of 29.7.1972.]
(1) If a candidate desires to appoint any person to be his election agent, such appointment shall, subject to the provisions of sub-rule (3) be made by him in Form III-A. The candidate shall give notice of such appointment to the Returning Officer by delivering or forwarding the letter of appointment of the Returning Officer at the time of presentation of the nomination paper or at any time thereafter before the account of the candidate's election expenses is lodged. The candidate shall also deliver a duplicate copy of the letter of appointment to the election agent appointed by him.
(2) The appointment of the election agent may be revoked by the candidate at any time by a declaration in writing signed by him and lodged with the Returning Officer. Such revocation shall take effect from the date on which it is so lodged. In the event of such a revocation or of the death of an election agent, whether that event occurs before or during the election or after the election but before the account of the candidate's election expenses has been lodged with the Returning Officer in accordance with the provisions of section 144-F, the candidate may appoint another person to the his election agent, and notice thereof shall be given to the Returning Officer in the same manner as in the case of the first election agent.]
(3) No person, who is subject to any disqualification as a voter under the Act, rules or bye-laws, so long as the disqualification subsists, or whose name is not entered in the list of voters for the constituency for which the candidate is nominated, shall be appointed as an election agent.
### 28. Appointment of Polling Agents and Counting Agents.
(1) At an election at which a poll is to be taken, any contesting candidate may appoint one agent and two relief agents to act as Polling Agents of such candidate at each polling station. Such appointment shall be made by a letter in writing in Form IV signed by the candidate.
(2) The candidate shall deliver the letter of the appointment to the Polling Agent who shall, on the date fixed for the poll present it to, and sign the declaration contained therein, before the Presiding Officer. The Presiding Officer shall retain a letter presented lo him in his custody, Poling Agent [shall not be allowed]
[Substituted by G.N. of 25.2.1975.]
to perform any duty at the polling station unless he has complied with the provisions of this rule.
(3) The Polling Agents may work as Counting Agents as per the authority given by the candidate on Form IV.
(4) Each contesting candidate may appoint not more than four agents to act as counting agents of such candidate by a letter in writing in duplicate in form IV signed by the candidate. Before the commencement of the counting of votes, the candidate shall give notice of the appointment of such counting agents to the Returning Officer by forwarding to such officer the letter of appointment. The candidate shall also deliver the duplicate copy of the letter of appointment to the counting agent who shall on the date fixed for the counting of votes, present it to. and sign the declaration contained therein before the Returning Officer. The Returning Officer shall retain the duplicate copy presented to him in his custody. No counting agent shall be allowed to perform any duty at the place fixed for the counting of votes, unless he has complied with these provisions.
### 29. Death of candidate before poll.
- If a contesting candidate dies and a report of his death is received by the Retuning Officer before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and (where the Returning Officer is not the Collector himself, he shall report the fact to the Collector) all proceedings with reference to the election shall be commenced a new in all respect as if for a new election :
Provided that.
(a) no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll, and
(b) no person who has given a notice of withdrawal of his candidature, under rule 25. before the countermanding of the poll, shall be ineligible for being nominated as a candidate for the election after such countermanding.
### 30. Uncontested elections.
- If. after the expiry of the period within which candidatures may be withdrawn under sub-rule (2) of rule 25 [the number of candidates in the constituency whose nominations have been accepted is equal to or less than the number of seats to be filled, the Returning Officer shall forthwith declare such candidate or all such candidates to be duly elected to fill the seal or the relevant number of seats, as the case may be]
[Inserted by G. N. of 29.7.1972.]
, and shall complete and certify the declaration of Form V. and where the Returning Officer is not the Collector himself he shall send signed copies thereof to the Collector.
### 31. Manner of voting at elections.
- At ever election where a poll is taken, votes shall be given by secret ballot in the manner hereinafter provided and no votes shall be received by proxy.
### 32. Ballot box.
- Every box shall be of such design as may be approved by the Collector.
### 33. Form of ballot papers.
(1) Every ballot paper shall be in Form VI.
(2) The names of the candidates shall be arranged on the ballot paper in the same order in which they appear in the list of contesting candidates.
(3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner.
### 34. Arrangement at polling stations.
(1) Outside each polling station, there shall be displayed prominently :-
(a) a notice, specifying the polling area, the voters of which are entitled to vote at the polling station and, where the polling station has more than one polling booth, at each of such of booth, the description of the voters allotted to such booth, and
(b) a copy of the list of contesting candidates.
(2) At each polling station, there shall be set up one or more voting compartments in which voters can record their votes screened from observation.
(3) The Returning Officer shall provide at each polling station a sufficient number of ballot boxes, ballot papers, copies of the list of voters in respect of the polling area or areas, the voters of which are entitled to vote at such polling station, instruments for stamping the distinguishing mark on ballot papers and articles necessary for voters to mark the ballot papers. The Returning Officer shall also provide at each polling station such other equipment and accessories as may be required for taking the poll at such polling station.
### 35. Admission to polling station.
- The Presiding Officer shall regulate the number of voters to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than-
(a) Polling Officers,
(b) public servants on duty in connection with the election,
(c) persons authorised by the Collector or the Returning Officer.
(d) candidates, their election agents, and subject to the provisions of rule 28, one polling agent of each candidate,
(e) a child in arms accompanying a voter,
(f) a person accompanying a blind or infirm voter who cannot move without help.
(g) such other persons as the Returning Officer or the Presiding Officer may employ for the purpose of identifying the voter.
### 36. The preparation of ballot boxes for poll.
(1) Where a paper seal is used for securing a ballot box, the Presiding Officer shall affix his own signature on the paper seal and obtain thereon the signatures of such of the Polling Agents present as are desirous of affixing the same.
(2) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefor in the ballot box and shall then secure and seal the box in such manner that the slip for the insertion of ballot paper thereinto remains open.
(3) The seals used for securing a ballot box shall be affixed in such manner that after the box has been closed, it is not possible to open it without breaking the seals.
(4) Where it is not necessary to use paper seals for securing of the ballot box the Presiding Officer shall secure and seal the ballot box in such manner that the slip for the insertion of ballot papers remains open and shall allow the Polling Agents present to affix, if they so desire, their seals.
(5) Every ballot box used at a polling station shall bear the seal both inside and outside marked with,-
(a) the serial number, if any, and the name of the constituency:
(b) the serial number and name of the polling station:
(c) the serial number of the ballot box to be filled in at the end of the poll on the table outside the ballot box only: and
(d) the date of poll.
(6) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the Polling Agents and other persons present that the ballot box is empty and bears the lables referred to sub-rule (5).
(7) The ballot box shall then be closed, sealed and secured and placed in full view of the Presiding Officer and the Polling Agents.
### 37. Identification of voters.
(1) The Presiding Officer may employ at the polling station such persons as he thinks fit to help in the identification of the voters or to assist him otherwise, in taking a poll.
(2) As each voter enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf, shall check the voter's name and other particulars with the relevant entry in the list of voters and then call out the serial number, name and other particulars of the voter.
(3) In deciding the right of a person to obtain a ballot paper, the Presiding Officer or the Polling Officer, as the case may be. shall overlook merely clerical or printing errors in any entry in the list of voters, if he is satisfied that such person is identical with the voter to whom such entry relates.
### 38. Challenging of identity.
(1) Any Polling Agent may challenge the identity of a person claiming to be a particular voter by first depositing a sum of Rs. 2 in cash with the Presiding Officer for each such challenge.
(2) On such deposit being made, the Presiding Officer shall :
(a) warn the person challenged of the penalty for personation.
(b) read the relevant entry in the list of voters in full and ask him whether he is the person referred to in that entry.
(c) enter his name and address in the list of challenged voters in Form VII, and
(d) require him to affix his signature in the said list.
(3) The Presiding Officer shall thereafter, hold a summary inquiry into the challenge may for that purpose :
(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity,
(b) put to the person challenged any question necessary for the purpose of establishing his identity and require him to answer them on oath, and
(c) administer an oath to the person challenged and any other person offering to give evidence.
(4) If, after enquiry, the Presiding Officer considers that the challenge has not been established, he shall allow the person challenged to vote, and if he considers that the challenge' has been established, he shall debar the person challenged from voting.
(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith he shall direct that the deposit made under sub-rule (1) be forfeited to the State Government and in any other case, he shall return it to the challenger at the conclusion of the inquiry.
### 39. Safeguard against personations.
(1) With a view to preventing personation, of voters, every voter about whose identity the Presiding Officer or the Polling Officer, as the case may be, is satisfied, shall allow his left thumb to be inspected by the Presiding Officer or the Polling Officer and an indelible ink mark to be put on it.
(2) If any voter refuses to allow his left thumb to be inspected or marked in accordance with sub-rule (1) or has already such a mark on his left thumb or does any act with a view to removing the ink mark; he shall not be supplied with any ballot paper or allowed to vote.
(3) Any reference in this rule to the left thumb of a voter shall, in the case where the voter has left thumb missing, be construed as a reference to any other finger, of his left hand and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the thumb or any other finger of his right hand, and shall, in the case where all the fingers of both the hands are missing be construed as reference to such extremity of his left or right arm as he possesses.
### 40. Issue of ballot papers.
(1) No ballot paper shall be issued to any voter before the hour fixed for the commencement of the poll.
(2) No ballot paper shall be issued to any voter after the hour fixed for the closing of the poll except to those voters who are present at the polling station at the time of the closing of the poll. Such voters shall be allowed to record their votes even after the poll closes.
(3) Every ballot paper shall before issue to a voter be-
[(a) stamped with such distinguishing mark as the Collector may direct, and
(b) signed in full on its back by the Presiding Officer.
(4) At the time of issuing a ballot paper to a voter, the Polling Officer shall record the serial number thereof against the entry relating to the voter in the copy of the list of voters set apart for the purpose.
(5) Save as provided in sub-rule (4), no person in the polling station shall note down the serial numbers of the ballot papers issued to particular voters.]
[Substituted by G. N. of 29.7.1972.]
### 41. Voting procedure.
(1) The voter, on receiving the ballot paper, shall forthwith-
(i) proceed to one of the polling compartments;
(ii) there make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote;
(iii) fold the ballot paper so as to conceal his vote:
(iv) if required, show to the Presiding Officer the distinguishing mark on the ballot paper:
(v) insert the folded ballot paper into the ballot box; and
(vi) quit the polling station.
(2) No voter shall be allowed to enter a polling compartment when another voter is inside it.
### 42. Procedure for voting where there are no separate constituencies or more than one seat to be filled in the constituency.
- In cases where there are no constituencies defined in the bye-laws or where more than one seat is authorised in the bye-laws for a constituency, voting in so far as [\* \* \*]
[Deleted by G.N. of 25.2.1972.]
these seats concerned shall be recorded in accordance with the following provisions, namely :
(a) Every voter shall be entitled to give as many votes as there are seats for filling which votes are to be taken but no voter shall give more than one vote to any one candidate.
[ \* \* \* ]
[Proviso deleted by G.N. of 18.6.1980]
(b) The voter shall make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbols of the candidate or candidates for whom he intends to vote, so however that no part of any mark so made shall appear in the space provided for other candidate. The voter shall thereafter fold the marked ballot paper so as to conceal his vote and insert the [folded ballot paper]
[Substituted by G.N. of 25.2.1972.]
into the ballot box and without undue delay leave the polling station.
### 42A. [ Procedure for voting at election to District Central Cooperative Banks.
[Inserted by G.N. CSL. 2278/45691 (205J/15. dated 19th December. 1978.]
- Notwithstanding contained in these rules or in the bye-laws or election rules of any District Central Co-operative Bank, for the purpose of election of any member or members of the committee of such Bank, representing the primary Agril. credit and multipurpose societies and grain banks, every constituency shall be a single member constituency and no voter shall have more than one vote for election of a member from the constituency in which he is registered.]
### 43. Recording of vote of blind or infirm voter.
(1) If the Presiding Officer is satisfied that owing to blindness or other physical infirmity, a voter is unable to recognise the symbols on the ballot papers or to make a mark thereon without assistance, the Presiding Officer shall permit the voter to take with him a companion of not less than twenty-one years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes, and, if necessary, for folding the ballot paper so as to conceal the vote and inserting it into the ballot box:
Provided that, no person shall be permitted to act as the companion of more than one voter at any polling station on the same day :
Provided further that, before any person is permitted to act as the companion of voter on any day under this rule, he shall be required to declare in [Form VII-A]
[Inserted by G.N. of 11.5.1972.]
that he will keep secret the vote recorded by him on behalf of the voter and that he has not already acted as the companion of any other voter at any polling station on that day.
(2) The Presiding Officer shall keep a record in Form VIII of all cases under this rule.
### 44. Spoilt and returned ballot papers.
(1) A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on returning it to the Presiding Officer and on satisfying him of the inadvertence, be given another ballot paper, and the ballot paper so returned shall be marked "Spoilt-cancelled" by the Presiding Officer.
(2) If a voter after obtaining a ballot paper decides not to use it, he shall return it to the Presiding Officer, and the ballot paper so returned shall be marked as "Returned cancelled" by the Presiding Officer.
(3) All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a separate packet.
### 45. Tendered votes.
(1) If a person representing himself to be a particular voter applies for a ballot paper after another person has already voted as such voter, he shall, on satisfactorily answering such question relating to his identity as the Presiding Officer may ask. be entitled, subject to the following provisions of this rule, to mark a ballot paper (hereinafter referred to as a ["tendered ballot paper"]
[Substituted by G.N. of 25.2.1972.]
in the same manner as any other voter.
(2) Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list in Form IX.
(3) A tendered ballot paper shall be the same as the other ballot papers used at the polling station, except that it shall be-
(a) serially the list in the bundle of ballot papers issued for use at the polling station: and
(b) endorsed on the back with the words "tendered ballot paper" by the Presiding Officer in his own hand and signed by him.
(4) The voter, after making a tendered ballot paper in the polling compartment and folding it, shall, instead of putting into the ballot box, give it to the Presiding Officer, who shall place it in a cover specially kept for the purpose.
### 46. Closing of poll.
(1) The Presiding Officer shall close a polling station at the hour fixed in that behalf under Rule 16 and shall not thereafter admit any voter into the polling station :
Provided that, all voters present at the polling station before it is closed shall be allowed to cast their votes.
(2) If any question arises whether a voter was present at the polling station before it was closed, it shall be decided by the Presiding Officer and his decision shall be final.
### 47. Sealing of ballot boxes after poll.
(1) As soon as practicable after the closing of the poll, the Presiding Officer shall, in the presence of any candidates or their election or polling agents, close the slit of the ballot box and where the ballot box does not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any polling agent to affix his seal.
(2) The ballot box shall thereafter be sealed and secured.
(3) Where it becomes necessary to use a second ballot box by reason of the first box getting full, the first box shall be closed, sealed and secured as provided in sub-rules (1) and (2) before another ballot box is put into use.
### 48. Account of ballot papers.
(1) The Presiding Officer shall at the close of the poll prepare a ballot paper account in Form X and enclose it in a separate cover with the word "Ballot Papers Account" superscribed thereon.
(2) The Presiding Officer shall permit a polling agent who so desires to take a true copy of the entries made in the ballot paper account and shall attest it as true copy.
### 49. Sealing of other packets.
(1) The Presiding Officer shall then make into separate packets-
(a) the marked copy of the [list of voters;]
[Inserted by G.N. of 25.2.1972.]
(b) the unused ballot papers;
(c) the cancelled ballot papers;
(d) the cover containing the tendered ballot papers and the list of the tendered ballot papers;
(e) the list of challenged votes; and
(f) any other person directed by the Returning Officer to be kept in a sealed packet.
(2) Each such packet shall be sealed with the seals of the Presiding Officer and those polling agents present who may desire to affix their seals thereon.
### 50. Transmission of ballot boxes, packets etc., to the Returning Officer.
(1) The Presiding Officer shall then deliver or cause to be delivered the following to the Returning Officer at such place as the Returning Officer may direct-
(a) the ballot boxes:
(b) the ballot paper account:
(c) the sealed packets referred to in Rule 49; and
(d) all other papers used at the poll.
(2) The Returning Officer shall make adequate arrangements for the safe transport of all ballot boxes, packets and other papers and for their safe custody until the commencement of the counting of votes.
### 51. Fresh poll in case of destruction etc., of ballot boxes.
(1) If at any election-
(a) any ballot box used at a polling station is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer or is accidentally or intentionally destroyed or lost; or is damaged or tampered with, to such an extent, that the result, of the poll at that polling station cannot be ascertained, or
(b) any such error or irregularity in the procedure as is likely to vitiate poll is committed at a polling station, the Returning Officer (where the Collector himself is not the Returning Officer) shall forthwith report the matter to the Collector.
(2) The Collector upon receipt of such report, or of his own motion in the circumstances stated in sub-rule (1), after taking all material circumstances into account either-
(a) declare the poll at that polling station to be void, appoint a day and fix the hours, for taking a fresh poll at that polling station and notify day so appointed and the hours so fixed in such manner as he may deem fit, or
(b) if satisfied that the result of a fresh poll at that polling station will not, in any way, [affect the result]
[Inserted by,G.N. of 25.2.1972.]
of the election or that the error or irregularity in procedure is not material issue such directions to the Returning Officer or take such action as he may deem proper for the election.
(3) The provisions of the Act and of any rules or bye-laws made thereunder shall apply to every such fresh poll as they apply to the original poll.
### 52. Counting of votes.
- At every election where a poll is taken votes shall be counted by, or under the supervision and direction of the Returning Officer, and each contesting candidate, his Election Agent and his Counting Agents shall have a right to be present at the time of counting.
### 53. Admission to the £lace fixed for counting.
(1) The Returning Officer shall exclude from place fixed for counting of votes all persons except-
(a) such persons as he may appoint to assist him in the counting;
(b) person authorised by the Collector;
(c) public servants on duty in connection with the election: and
(d) candidates, and their Election and Counting Agents.
(2) No person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election [shall be appointed]
[Inserted by G. N. of 25.2.1972.]
under clause (a) of sub-rule (1).
(3) The Returning Officer shall decide which Counting [Agent or Agents]
[Inserted by G. N. of 25.2.1972.]
shall watch the counting at any particular counting table or group of counting tables.
(4) Any person who during the counting of votes misconducts himself or fails to obey the lawful directions of the Returning Officer may be removed from the place where the votes are being counted by the Returning Officer or by any Police Officer on duty or by any person authorised in this behalf by the Returning Officer.
### 54. Scrutiny and opening of ballot boxes.
(1) The Returning Officer may have the ballot boxes used [at]
[Inserted by G. N. of 25.2.1972.]
more than one polling station opened and their contents counted simultaneously.
(2) Before any ballot box is opened at a counting table, the Counting Agents present at that table shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon and to satisfy themselves that it is intact.
(3) The Returning Officer shall satisfy himself that none of the ballot boxes has in fact been tampered with.
(4) If the Returning Officer is satisfied that any ballot box has in fact been tampered with, he shall not count the ballot papers contained in that box and shall follow the procedure laid down in Rule 51 in respect of that polling station.
### 55. Scrutiny and rejection of ballot papers.
(1) The ballot papers taken out of each ballot box [and those (if any) received by postal ballot]
[Inserted by G.N. of 1.9.1973.]
shall be arranged in convenient bundles and scrutinised.
(2) The Returning Officer shall reject a ballot paper -
(a) if it bears any mark or writing by which the voter can be identified: or
(b) if no vote is recorded thereon ; or
(c) if votes are given on it in favour of more than one candidate where only one candidate is to be elected: or
(cc) [ where more than one candidate is (o be elected if the voter has recorded on the ballot paper more votes than he is entitled to give; or]
[Inserted by G.N. of 29.7.1972.]
(d) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given: or
(e) if it is a spurious ballot paper: or
(f) if it is so damaged or mutilated that its identity as genuine ballot paper cannot be established or
(g) if it bears a serial number, or is of a design, different from the serial numbers or as the case may be, design of the ballot papers authorised for use at the polling station; or
(h) if it does not bear the mark which it, should have borne under the provisions for sub rule (3) of Rule 40 :
Provided that-
(i) where a Returning Officer is satisfied that any such defect as is mentioned in clause (g) or (h) has been caused by any mistake or failure on the part of the Presiding Officer or the Polling Officer, the ballot paper shall not be rejected merely on the ground of such defect;
(ii) a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than one, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.
(3) Before rejecting any ballot paper under sub-rule (2), the Returning Officer shall allow each Counting Agent a reasonable opportunity to inspect the ballot paper.
(4) The Returning Officer shall record on every ballot paper which he rejects the letter "R" and the grounds of rejection [in abbreviated form]
[Substituted by G.N. of 25.2.1972.]
either in his own hand or by means of a rubber stamp.
(5) All ballot papers rejected under this rule shall be bundled together.
### 56. Procedure for counting of votes.
(1) Every ballot paper which is not rejected under Rule 55 shall be counted as one valid vote;
Provided that, no cover containing tendered ballot papers shall be opened and no such paper shall be counted.
(2) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed, the Returning Officer shall make the entries in a result sheet in Form XI and announce the particulars.
(3) The valid ballot papers shall thereafter be bundled together and kept along with the bundle of rejected ballot papers in a separate packet, which shall be sealed and on which shall be recorded the following particulars, namely-
(a) the name of the constituency,
(b) the particulars of the polling station where the ballot papers have been used, and
(c) the date of counting.
### 57. Counting to be continuous.
- The Returning Officer shall, as far as practicable, proceed continuously with the counting of votes and shall, during any intervals when the counting has to be suspended, keep the ballot papers, packets and other papers relating to the election sealed with his own seal and the seals of such candidates or Election or Counting Agents as may desire to affix their seals and shall cause adequate precautions to be taken for their safe custody during such intervals.
### 58. Procedure for counting of votes where there are no separate constituencies or more than one seat to be filled in one constituency.
- In case where there are no constituencies defined in the bye-laws or where more than one seat is authorised in the bye-laws for a constituency, counting of votes for these seats shall be done in the following manner, namely :-
(1) The counting of votes shall be done by and under the supervision of the Returning Officer, with the assistance of such persons as he may appoint to assist in the counting of votes.
(2) After each ballot box is opened for counting, clearly valid voting papers shall be separated from invalid and doubtful voting papers. The invalid and doubtful voting papers shall be submitted to the Returning Officer for decision. The valid voting papers shall thereafter be taken for counting and the votes recorded in favour of each candidate shall be counted with the aid of persons appointed to assist in the counting of votes.
(3) The Returning Officer shall allow the candidates and their Election or Counting Agents, who may be present, reasonable opportunity to inspect all voting papers, which in the opinion of the Returning Officer are liable to be rejected, but shall not allow them to handle those or any other voting papers. The Returning Officer shall on every voting paper which is rejected endorse the letter "R". If any candidate or his Election or Counting Agent questions the correctness of the rejection of any voting paper, the Returning Officer shall also record briefly on such voting paper the ground for its rejection.
(4) After the counting of all voting papers counted in all the ballot boxes used has been completed, the Returning Officer shall cause to be sealed up in separate packets with a description endorsed on each such packet of the voting papers counted and that voting papers rejected.
(5) The Returning Officer shall as far as practicable proceed continuously with the counting of the votes and shall during any intervals when the counting has to be suspended, keep the voting papers, packets and other documents relating to the election sealed with his own seal and the seal of such candidates or Election or Counting Agents as may desire to affix their seals and shall cause adequate precautions to be taken for their safe custody.
(6) After the counting of voting papers contained in all the ballot boxes used at all the polling stations has been completed, the Returning Officer shall prepare a consolidated statement recording therein the total number of votes polled by each candidate.
### 59. Recommencing of counting after fresh poll.
(1) If a fresh poll is held under Rule 51, the Returning Officer shall, alter completion of that poll, recommence the counting of votes on the date and at the time and place which have been fixed by him in that behalf and of which notice has been previously given to the candidate.
(2) The provisions of Rules 55 and 56 shall apply so far as may be to such further counting.
### 60. Recount of votes.
(1) After the completion of the counting, the Returning Officer shall record in the result sheet in Form XI, the total number of votes polled by each candidate and announce the same:
Provided that, when an equality of votes is found to exist between any candidates either for the reserved or the unreserved seats and the addition of one vote will entitle any of the candidates to be declared elected, the determination of the person or persons to whom such an additional vote shall be deemed to have been given shall be made by lots to be drawn in the presence of the Returning Officer and the candidates who may desire to be present, and in such manner as the Returning Officer may determine.
(2) After such announcement has been made, a candidate or, in his absence, his Election Agent may apply in writing to the Returning Officer for a recount of all or any of the ballot papers already counted stating the grounds on which he demands such recount.
(3) On such an application being made, the Returning Officer shall decide the matter and may allow the application in whole or in part or may reject it in toto if it appears to him to be frivolous or unreasonable.
(4) Every decision of the Returning Officer under sub-rule (3), shall be in writing and contain the reasons therefor.
(5) If the Returning Officer decides under sub-rule (3) to allow an application either in whole or in part, he shall -
(a) count the ballot papers again in accordance with his decision:
(b) amend the result sheet in Form XI to the extent necessary after such recount; and
(c) announce the amendment so made by him.
(6) After the total number of votes polled by each candidate has been announced under sub-rule (1) or sub-rule (5), the Returning Officer shall complete and sign the result sheet in Form XI and no application for a recount shall be entertained thereafter:
Provided that, no step under this sub-rule shall be taken on the completion of the counting until the candidates and Election Agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by sub-rule (2) .
### 61. [ Declaration of result.
[Substituted by G. N. No. CSC. 2179/23298-15-C-(98) , dated 18.6.1980 (M.G.G., Part IV-B, Extraordinary p. 513).]
- The Returning Officer shall then declare the candidate to whom the highest number of valid votes has been given as having been elected and certify the return of election Form XII and where the Collector himself is not the Returning Officer he shall send signed copies thereof to the Collector as soon as possible.]
### 62. Account of election expenses.
(1) Every candidate at an election shall, either by himself or by the Election Agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his Election Agent between the date of the order calling the election and the date, of declaration of the result thereof, both dates inclusive.
(2) The account shall contain such particulars as are specified in Rule 63.
(3) The total of the said expenditure shall not exceed such amount as may be notified by the State Government under sub-section (3) of Section 144F.
(4) Every contesting candidate at an election [shall lodge with the Collector through Returning Officer]
[Inserted by G. N. of 11.5.1972.]
an account of his election expenses within the time and in the manner laid down in Section 144F.
### 63. Particulars of accounts of election expenses.
(1) The account of election expenses to be kept by a candidate or his Election Agent under Rule 62 shall contain the following particulars in respect of each item of expenditure from day to day. namely :-
(a) the date on which the expenditure was incurred or authorised:
(b) the nature of the expenditure, as for example, travelling, postage or printing and the like;
(c) the amount of the expenditure -
(i) the amount paid;
(ii) the amount outstanding;
(d) the date of payment:
(e) the name and address of the payee;
(f) the serial number of voucher, in case of amount paid;
(g) the serial number of bills, if any, in case of amount outstanding;
(h) the name and address of the person to whom the amount outstanding is payable.
(3) All vouchers shall be lodged along with the account of election expenses, arranged according to the date of payment and serially numbered by the candidate or his Election Agent and such serial numbers shall be entered in the account under item (f) of sub-rule (1).
(4) It shall not be necessary to give the particulars mentioned in item (e) of sub-rule (1) in regard to items of expenditure for which vouchers have not been obtained.
### 64. Notice by Returning Officer for inspection of accounts.
- The Returning Officer shall, within two days from the date on which the account of election expenses has been lodged by a candidate under Rule 62, cause a notice to be affixed to his notice-board, specifying-
(a) the date on which the account has been lodged;.
(b) the name of the candidate and
(c) the time and place at which such account can be inspected.
### 65. Inspection of account and the obtaining of copies thereof.
- Any person shall, on payment of a fee of one rupee, be entitled to inspect any such account and on payment of such fee as may be fixed by the Collector in this behalf, be entitled to obtain attested copies of such account or of any part thereof.
### 66. Report by the Returning Officer as to the lodging of the account of election expenses and the decision of the Collector thereon.
(1) As soon as may be after the expiration of the time specified in Rule 62 for the lodging of the accounts of election expenses at any election, the Returning Officer shall, report to the Collector-
(a) the name of each contesting candidate;
(b) whether such candidate has lodged his account of election expenses and if so the date on which such account has been lodged; and
(c) whether in his opinion, such account has been lodged within the time and in the manner required by Rule 62.
(2) Immediately after the submission of the report referred to in sub-rule (1), the Returning Officer shall publish a copy thereof by affixing the same to his notice-board.
(3) As soon as may be after the receipt of the report referred to in sub-rule (1), the Collector shall consider the same and decide whether any contesting candidate has failed to lodge the account of election expenses within the time and in the manner required by Rule 62.
(4) If the Collector is satisfied that a person-
(a) has failed to lodge an account of election expenses in respect of an election within the time and in the manner required by Rule 62; and
(b) has no good reasons or justification for the failure,
the Collector shall by an order made under Section 144G and published in the Official Gazette and in such other manner as he deems fit declare him disqualified, and any such person shall be disqualified for a period of three years for being elected or for continuing as a member of the committee of any specified society. The Collector shall send a copy of his order to every contesting candidate at the election. But no such order shall be made by the Collector, until the person concerned has been given a reasonable opportunity of showing cause why he should not be disqualified for the failure. Against every such order of disqualification, an appeal shall lie to the Commissioner, if made within one month from the date of the order [\* \* \*]
[Deleted vide G.N. CSL. 2279/13447/15-C (149) , dated 13.5.80.]
### 67. Publication of names of members of the Committee.
(1) On receipt of the declaration under Rule 30 or clause (e) of Rule 79 of the election returns under Rule 61, the Collector shall publish the names of all elected committee members by causing a list of such names together with their permanent addresses and the names of constituencies from which they are elected to be posted on the notice-board or at any prominent place in his office.
(2) The Collector shall send a list of all the elected committee members to the society and to the Registrar in the case of societies referred to in Section 73-G(1)(i) and to the District Deputy Registrar in all other cases.
### 68. Return or forfeiture of candidate's deposit.
(1) The deposit made under Rule 21 shall either be returned to the person making it or his legal representative or be forfeited to the State Government in accordance with the provisions of this rule.
(2) Except in cases hereinafter mentioned in I his rule, deposit, shall be returned as soon as practicable after result of the election is declared.
(3) If the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be.
(4) Subject to the provisions of sub-rule (3), the deposit shall be forfeited to the State Government, if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one eight of the total number of valid votes polled by all the candidates, "or, in the case of election of more than one member at the election, one-eighth of the total number of valid votes so polled divided by the number of members to be elected."
### 69. Custody of papers relating to elections.
- The Returning Officer shall keep in custody the packets referred to in Rule 49 and all other papers relating to the elections.
### 70. Production and inspection of election papers.
(1) While in the custody of the Returning Officer-
(a) the packets of unused ballot papers ;
(b) the packets of used ballot papers whether valid, tendered or rejected;
(c) the packets of marked copies of the voters' list,
shall not be opened and their contents shall not be inspected by or produced before any person or authority, except under the order of the Commissioner or a Court or other competent authority.
(2) All other papers relating to the election shall be open to public inspection.
### 71. Disposal of election papers.
(1) The packets referred to in Rule 70 shall be retained for a period of one year and shall thereafter be destroyed subject to any direction to the contrary given by the Commissioner or a Court or other competent authority.
(2) All other papers relating to the election shall be retained until the termination of the next election for the constituency to which they relate and shall thereafter be destroyed subject to any direction to the contrary given by the Commissioner or a Court or other competent authority.
### 72. Casual vacancies how to be filled in.
- In the event of a vacancy occurring on account of death, resignation, disqualification or removal of a member of a society or through such a member becoming incapable of acting previous to the expiry of his term of office or otherwise, the Chairman of the Society shall forthwith communicate the occurrence to the Registrar [in the case of Societies falling under Section 73-G(1) (i)] and to the District Deputy Registrar (in the case of other Societies) and the vacancy shall be filled as soon as conveniently, by holding bye-election to fill the seat, and the provisions of these Rules shall thereupon mutatis mutandis apply accordingly. The person so elected shall hold office so long only as the member of the committee in whose place he is elected would have held it, if the vacancy had not occurred :
[Provided that first two vacancies occurring during the term of the committee on account of death, resignation, disqualification or removal of a member of a society or through such a member becoming incapable of acting previous to the expiry of his term of office or otherwise, shall be filled in by co-option in the meeting of the remaining members of the committee:
Provided further that if at any time there are more than two vacancies that are to be filled then all such vacancies shall be filled in by election.]
[Inserted by G.N. of 30.4.1994.]
[Provided also that]
[Substituted by G.N. of 30.4.11)94.]
, if the vacancy occurs, [within one year]
[Substituted by G.N. of 30.4.11)94.]
preceding the date on which the term of the committee expires, [and if such vacancy is to be filled by election]
[Inserted by G.N. of 30.4.11)94.]
the vacancy shall not be filled.
### 73. Election petition.
- No election shall be called in question, except by an election petition presented to the Commissioner, in accordance with the provisions of Section 144-T and these rules.
### 74. Presentation of election petitions.
(1) An election petition calling in question any election may be presented by any candidate or any voter within two months from the date of declaration of the result of the election.
(2) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and one spare copy for the use of the Commissioner and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.
### 75. Parties to the petition.
- A petitioner shall join as respondents to his petition-
(a) where the petitioner, in addition to claiming a declaration that, election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner and where no such further declaration is claimed all the returned candidates, and
(b) any other candidate against whom allegations of any corrupt practice are made in the petition.
### 76. Trial of election petitions.
(1) Every election petition shall be tried by the Commissioner :
Provided that, the Commissioner shall have the discretion to refuse for reasons to be recorded in writing to examine any witness or witnesses if he is of the opinion that evidence of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.
(2) The Commissioner may dismiss an election petition which does not comply with the provisions of Rule 74.
(3) Any candidate not already a respondent shall, upon application made by him to the Commissioner within fourteen days from the date of the commencement of the trial and subject to the provision of Rule 90, be entitled to be joined as a respondent.
(4) The Commissioner may, upon such terms as to costs and otherwise as he may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in his opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.
### 77. Expenses of witnesses.
- The reasonable expenses incurred by any person in attending to give evidence may be allowed by the Commissioner to such person, and shall, unless the Commissioner otherwise directs, be deemed to be part of the costs.
### 78. Recrimination when seat claimed.
(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election :
Provided that, the returned candidate or such other party as aforesaid shall not be entitled to give such evidence, unless he has within fourteen days from the date of a commencement of the trial, give notice to the Commissioner of his intention to do so and has also given the security and the further security referred to in Rules 88 and 89 respectively.
(2) Every notice referred to in sub-rule (1) shall be accompanied by the Statement and all necessary particulars and shall be signed and verified in like manner.
### 79. Order of the Commissioner.
- At the conclusion of the trial of an election petition, the Commissioner shall make an order
(a) dismissing the election petition; or
(b) declaring the election of all or any of the returned candidates to be void; or
(c) declaring the election of all or any of the returned candidates to be void, and the petitioner or any other candidate to have been duly elected.
### 80. Other orders to be made by the Commissioner.
- At the time of making an order under Rule 79, the Commissioner shall also make an order-
(a) where any charge is made in the petition of any corrupt practice having been committed at the election recording -
(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election, and the nature of that corrupt practice; and
(ii) the names of all persons if any, who have been proved at the trial to have been guilty of the practice, and
(b) fixing the total amount of costs payable, and specifying the persons by and to whom costs shall be paid :
Provided that, a person who is not a party to the petition shall not be named in the order under sub-item (ii) of item (a) unless-
(a) he has been given notice to appear before the Commissioner and to show cause why he should not be so named; and
(b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness, who has already been examined by the Commissioner and has given evidence against him of calling evidence in his defence and of being heard.
### 81. Grounds for declaring election to be void.
- If the Commissioner is of opinion-
(a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under these rules, or
(b) that any corrupt practice has been committed by a returned candidate or his Election Agent or by any other person with the consent of a returned candidate or his Election Agent, or
(c) that any nomination paper has been improperly rejected, or
(d) that the result of the election, in so tar as it concerns a returned candidate, has been materially affected-
(i) by the improper acceptance of any nomination; or
(ii) by any corrupt practice committed in the interests of the returned candidate by an agent other than his Election Agent; or
(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or
(iv) by any non-compliance with the provisions of the Act or any rules made thereunder, the Commissioner shall declare the election of the returned candidate to be void.
### 82. Grounds for which a candidate other than the returned candidate may be declared to have been elected.
- If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Commissioner is of opinion-
(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or
(b) that but for the votes obtained by the returned candidate any corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes;
the Commissioner shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.
### 83. Procedure in case of an equality of votes.
- If during the trial of an election petition it appears that there is an equality of votes between any candidate at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then-
(a) any decision made by the Returning Officer under the provisions of sub-rule (1) of Rule 60, shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and
(b) in so for as that question is not determined by such a decision, the Commissioner shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.
### 84. Effect of orders of the Commissioner.
(1) Every order of the Commissioner under Rule 79 or 80 shall take effect as soon as it is pronounced by the Commissioner.
(2) Whereby an order under Rule 79 the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated as a member of the committee shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation.
### 85. Withdrawal of election petitions.
(1) An election petition may be withdrawn only after notice to other parties and by leave of the Commissioner.
### 86. Procedure for withdrawal of election petition.
(1) If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.
(2) No application for withdrawal shall be granted if, in the opinion of the Commissioner, such application has been induced by any bargain or consideration which ought not to be allowed.
(3) If the application is granted-
(a) the petitioner shall be ordered to pay the costs of the respondents therefor incurred or such portion thereof as the Commissioner may think fit.
(b) the Commissioner shall direct that the notice of withdrawal shall be published in such manner as he may specify and thereupon the notice shall be published accordingly,
(c) a person who might himself have been a petitioner may within fourteen days of such publication, apply to be substituted as petitioner in place of the party withdrawing and upon compliance with the condition of Rule 88 as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the Commissioner may think fit.
### 87. Abatement of election petition.
- [(1) ]
[Renumbered by G.N. of 19.6.1972.]
An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.
(2) Where an election petition abates under sub-rule (1), the Commissioner shall cause the fact to be published in such manner as he may think fit.
[(3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to the Commissioner to be substituted as petitioner and upon compliance with the condition of Rule 88 as to security, shall be entitled to be so substituted to continue the proceedings upon such terms as the Commissioner may think fit]
[Added by G. N. of 19.6.1972.]
.
### 88. Security for costs.
- The petitioner shall enclose with the petition a Government Treasury receipt showing that a deposit of Rupees five hundred or such lesser amount as the Commissioner may direct has been made by him either in a Government Treasury or in the Reserve Bank of India in favour of the Commissioner as security for the costs of the petition.
### 89. Further security for costs.
- During the course of the trial of an election petition, the Commissioner may at any time call upon the petitioner to give such further security for costs as he may direct.
### 90. Security for costs from a respondent.
- No person shall be entitled to be joined as a respondent under sub-rule (3) of Rule 79, unless he has given such security for costs as the Commissioner may direct.
### 91. Costs.
- Costs including pleaders fees and the cost of Government shall be in the discretion of the Commissioner :
Provided that, where a petition is dismissed under clause (a) of Rule 79, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the Commissioner shall make an order for costs in favour of the returned candidate.
### 92. Cost of election petition.
- The cost of election petition filed under Section 144-T shall be borne by the parties and shall not be recoverable or reimbursable from the funds of the society.
### 93. [ Voting by postal ballot.
[Inserted by G.N. of 27.10.1971.]
- Notwithstanding anything contained in these rules, where any constituency extends over more than one District, the Collector may, by order published in the Official Gazette, make provision for enabling all or any persons or class of persons ordinarily residing or have registered office outside his District to give their vote by postal ballot, and not in any other manner, as an election in that constituency where a poll is taken], [Where the Collector has published an order providing for giving vote by postal ballot in any constituency, the ballot paper shall be supplied by the Returning Officer to every voter entitled to give his vote by postal ballot and no application by the voter for supply of such paper is necessary.]
[Added by G.N. of 8.9.1978.]
### 94. [ Election of nominee under Section 144-C(2) .
[Inserted by G. N. of 3.10.1973.]
(1) The election of a nominee of a society as a member of the Committee of any Specified Society under sub-section (2) of Section 144-C shall be held in accordance with the provisions of this rule.
(2) Where a society has to send such nominee, and the Collector has published his order made under Rule 16 as required by clause (b) of Rule 17, the Committee of the Society shall hold its meeting for the election of the nominee, within a period of 15 days from the date of publication of the election programme or within such extended period as the Collector may allow.
(3) The election shall be conducted in accordance with the provisions of the bye-laws of the society, under the control of the Collector or the. Returning Officer appointed by him under Rule 9].
Form I
[See Rule 16]
Office of the Collector of...............................................No. .............In exercise of the powers conferred by Rule 16 of the Maharashtra Specified Co-operative Societies Elections to Committees' Rules, 1971, I....................the Collector of......................hereby notify that an election is to be held of.......................member/members of the Committee of the Co-operative Society known as the.............Ltd., .........Taluka..............Division, and appoint in relation to the election by the constituency or constituencies specified in column 1 of the Schedule hereto (hereinafter referred to as "the respective constituency")-
(a) the dates specified in column 2 of the said Schedule against the respective constituency to be the last dates and the time specified in column 2 against the respective constituency to be the time for making nominations in relation to the respective constituency; [and the place specified in column 2 against the respective constituency to be the place from which the nomination paper can be obtained;]
[Inserted by G.N. of 3-10-1973.]
(b) the dates and time specified in column 3 of the said Schedule against the respective constituency to be the date and time for the scrutiny of nominations in relation to the respective constituency;
(c) the places specified in column 4 of the said Schedule against the respective constituency to be the places for making nominations and for the scrutiny thereof;
[(c-1) the date, time and place specified in column 4A of the said Schedule against the respective constituency to be the date, time and place of withdrawal of nominations in relation to the respective constituency:]
[Inserted by G. N. of 2.10.1973.]
(d) the dates specified in column 5 of the said Schedule against the respective constituency to be the dates on which election of the member or members................. shall be held;
(e) the time specified in the column 6 of the said Schedule against the respective constituency to be the time during which the poll shall be taken:
(f) the date and time specified in the column 7 of the said Schedule against the respective constituency to be the date and time for the counting of votes:
(g) the place specified in column 8 of the said Schedule against the respective constituency to be the place for the counting of votes.
Schedule
----------
| | | | | |
| --- | --- | --- | --- | --- |
|
Name of the Constituency
|
Last date and time for making nominations.[Place
from which nominations papers are obtainable]
[Added by G N. of 2.10.1973.]
|
The date of publication of nominations received
|
Date and time for scrutiny of nominations
|
[Date, time and place for withdrawal of
nomination]
[Inserted by G. N. of 2.10.1973.]
|
|
(1) |
(2) |
(3) |
(4) |
(4A)
|
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Place for making nominations and for scrutiny
thereof
|
Date of publication of list of valid nominations
|
Date by which nominations may be withdrawn
|
Date of publication of final list of Contesting
Candidates
|
|
(5) |
(6) |
(7) |
(8) |
|
|
|
|
|
Note. - The ballot boxes shall be brought to [the office of the Returning Officer of]
[Inserted by G.N. of 29.71972.]
the registered office of the Society on-----------------------Collector of-----------------------------------------------------
Place-------------------------------
Date -------------------------------
[Form I-A]
[Inserted by G.N. of 10-1-1980.]
[See Rule 6(5) ]
To,
The Collector,
Sir,
I request that my name be included in the electoral roll for the constituency No..........................[relating to election to the Committee of]
[Here indicate full name and address of the society.]
I furnish below the particulars in respect of my name and address, etc.
Name (in full).....................................................................
Father's/Mother's /Husband's Name........
Full residential address........................................................................
Full address at which the decision on this application may be sent.................
Reasons in support of the application
I, hereby declare that the facts mentioned above are true to the best of my knowledge and belief.
Place :
Date :
Signature or thumb impression of applicant.)
Form -II
[See Rule 18(2) ]
Form of Nomination Paper
(Election to the .............................Co-operative Society Ltd................................Taluka.....................District). ........
(To be filled by the Proposer)
I, hereby nominate.....................as a candidate for election from the constituency.
| | |
| --- | --- |
|
Name of the constituency
|
...
|
|
Name of the candidate
|
...
|
|
Father's/Husband's Name.
|
...
|
|
Age.
|
...
|
|
Full postal address of the candidate
|
...
|
|
Name of the constituency
|
...
|
|
In a constituency having a reserved seat, state
the particulars of the Caste or Tribe or Vimukta Jati or the
Weaker section to which the candidate belongs.
|
...
|
|
The name of the constituency in which the name
of the candidate is entered as voter in the list of voters.
|
...
|
|
Serial number of the candidate in the list of
voters of the constituency aforementioned in which his name is
entered as a voter.
|
...
|
|
[In the case of candidate contesting election
from the reserved seat aforementioned, it is not necessary to
give the name of the constituency in which the name of the
candidate is entered as voter or the serial number in the list of
voters.]
[Amended by CSL 1185/49256/CR-218/15-C, dated 14.7.1986.]
|
...
|
|
Name of the Proposer
|
...
|
|
Serial number of the proposer in the list of
voters of the constituency.
|
...
|
|
Signature of the Proposer.
|
|
Name of the Seconder
|
...
|
|
Serial number of the seconder in the list of
voters of the constituency
|
...
|
|
Signature of the seconder.
|
Declaration by Candidate
I, hereby signify my willingness to serve as a member of the Committee of the Society if I am elected.
Date
[Signature of the Candidate.]
[Substituted by G.N. of 25-2-1972.]
Further declaration to be made by a Scheduled Castes or a Scheduled Tribes or Vimukta Jalis candidate or weaker section candidate .................]
[Strike off, if unnecessary.]
| |
| --- |
|
I, hereby declare that I am a member of the| CasteTribeJati| ............. which is[Scheduled]
[Substituted by G.N. of 25.2.1972]
| CasteTribeJati| ...........in relation to the State of Maharashtra or a weaker section,
|
within the meaning of Section 73-B [x x x]
[Deleted by CSL 1185/49256/CR-218/15-C, dated 14.7.1986]
.
Date :...................20 .
Signature of Candidate.
Declaration as to choice of symbol
I. do hereby declare that the symbols which I have chosen for my election are shown below in the order of my preference :-
(1) (2)
(3) Signature of Candidate.
Serial No. of nomination paper
This nomination was delivered to me at my office at............... (hour) on..................(date) by the.............
| |
| --- |
|
\*Candidate\*Proposer of the Candidate
|
Date :...................20 .
Signature of Returning Officer.
Decision of Returning Officer accepting or rejecting the nomination paper
I have examined this nomination paper in accordance with Rule 23 of the Maharashtra Specified Co-operative Societies Elections to Committees' Rules, 1971 and decide as follows :-
Date :-
Signature of Returning Officer
Receipt for Nomination Paper and notice of scrutiny
(To be handed over to the persons presenting the nomination paper)
Serial No. of Nomination Paper..................... The nomination paper of .............. a candidate for election from the........... constituency of.......... Cooperative Society Ltd.,................ Taluka.................... District.............. was delivered to me at my office at ........(hour) on......... (date) by.....................
| |
| --- |
|
\*Candidate\*Proposer of the Candidate
|
All nomination papers will be taken up for scrutiny at (hour) on....................(date) at.................
Place :
Date :
Signature of Returning Officer.
\*Strike off, if unnecessary.
[Form II-A]
[Added by G.N. of 8.9.16978.]
[See-sub-rule (1) of Rule 25),
Notice of Withdrawal of Candidature
(Election to the Committee of.................. Co-operative Society Ltd.,............................ Taluka.............. District from the.................. . Constituency).
To.
The Returning Officer,
......................
I........................ a candidate at the above election do hereby give notice that I withdraw my candidature.
Place :
Signature of Candidate.
This notice was delivered to me at my office at....................... (hour) on............................... (date) by (name), the\*........................
Date :
Returning Officer.
Receipt for Notice of Withdrawal
(To be handed over to the person delivering the notice)
The Notice of withdrawal of candidature by....................................... a candidate at the election to the Committee of..............................Co-operative Society Ltd., from.................... Constituency, was delivered to me by the\*................ at my office at.................. (hour) on..........................(date).
Returning Officer
\*Here insert one of the following alternatives as may be appropriate-
(1) Candidate.
(2) Candidate's proposer who has been authorised in writing by the candidate to deliver this notice.
(3) Candidate's election agent who has been authorised as stated above.
\* Only the appropriate alternative should be used.
Form III
[See Rule 26]
List of Contesting Candidates
Election to the ................Co-operative Society Ltd... Taluka..............District.............from.............Constituency.
| | | | |
| --- | --- | --- | --- |
|
Serial No.
|
Name of the Candidates
|
Address of the Candidates
|
Symbol allotted to the Candidates
|
|
(1) |
(2) |
(3) |
(4) |
|
1.2.3.4.etc.
|
|
|
|
Place :
Date :
Signature of the Returning Officer.
[Form III-A]
[Inserted by G.N. of 29-7-1972]
[See Rule 27-A]
Appointment of Election Agent
Election to the......................... Co-operative Society Ltd................Taluka............................................District.......................................from. .............Constituency.
To,
The Returning Officer,
..........................
I........................a candidate........................ at the above election do hereby give notice that I have appointed....................................................as my election agent from this day at the said election.
Place :
Date :
Signature of Candidate.
I accept the above appointment.
Place :
Date :
Signature of Election Agent.
Form IV
[See Rule 28(1) ]
Appointment of Polling/Counting Agent
Election to the...................Co-operative Society Ltd., . .......
...........Taluka. .................District. from.............Constituency.
To.
\*The Returning Officer
\*The Presiding Officer......................Polling Station.
I............................................... \*a candidate............................................. at the present election do hereby give notice that I have appointed as a....................\*Polling agent to attend.........................
Polling Station/Polling booth No.............of.......................
Polling Station.
[Counting agent to attend]
[Substituted by G.N. of 17.3.1977.]
at the place fixed for the counting of votes
.
Date Signature of Candidate,
| |
| --- |
|
I agree to act as such| \*Polling agentcounting Agent.
|
Date :
| |
| --- |
|
Signature of| \*Polling\*Counting| Agent
|
[Form V]
[Substituted by G.N. of 17-3-1977.]
[See Rule 30)
Form of declaration of result of uncontested election Co-operative Society Limited
(Name of the Society).............................. Taluka............... District, Election for....................... (Name of Constituency).................. constituency during 198.
In pursuance of the provisions contained in Rule 30 of the Maharashtra Specified Co-operative Societies Elections to the Committees' Rules, 1971, I, declare that Shri/Sarvashri........................... [Name(s) of the candidate(s)/address(es)] has/have been duly elected to fill in the seat/seats in the above constituency. as he was/they were the only contesting candidate(s).
(Signature of the Returning Officer)
Place :
Date :
| |
| --- |
|
Declaration of| \*Polling Agent\*\*counting Agent| to be signed before the| \*Returning\*Presiding Officer
|
I, hereby declare that I will not at this election for ...................
constituency do anything forbidden by the Act or rules or bye-laws thereunder.
Dale :
| |
| --- |
|
Signature of| \*Polling\*Counting| Agent
|
\*Returning Officer.Presiding Officer
\* Only the appropriate alternative should be used.
Form VI
[See Rule 33]
Form of Ballot Paper
Co-operative Society Limited...........................................................................................Taluka.................................... District...............................Election for...............................Constituency 19 .
| | |
| --- | --- |
|
Name of candidate
|
Symbol assigned
|
|
(1) |
(2) |
|
…...............................…...............................
|
…...............................…...............................
|
Note : - Serial number of each ballot paper shall appear at the top on the front side.
Form VII
[See Rule 38(2) (c)]
List of Challenged Votes
Election to the................. Co-operative Society Ltd............... Taluka............... District .................. Constituency................... Polling Station....................................................... No. of Polling Station, if any...........................
| | | | | |
| --- | --- | --- | --- | --- |
|
Sr. No. of voter
|
Name of the voter
|
Serial No. in list of voters
|
Signature or thumb impression of the voter and
his address
|
Name of identifier, if any
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Name of person challenging
|
Amount of deposit made
|
Order of Presiding Officer in each case
|
Signature of challenger acknowledging receipt of
deposit when deposit returned
|
|
(6) |
(7) |
(8) |
(9) |
|
|
|
|
|
Date :
Signature of the Presiding Officer.
[Form VII-A]
[Substituted by G.N. of 29-7-1972.]
[See Rule 43]
Form of Declaration by Companion of Blind or Infirm Voter
Election to the .......... Co-operative.......... Society Ltd............ Taluka................. District........................ from.................. Constituency.
No. and name of Polling Station
I, .................... aged........................ residing.............. at...................hereby declare that-
(a) I wish to act as a companion of..............................
| |
| --- |
|
who is a| blindinfirm| ......................voter at the above election and whose name is in the voters' list at Serial No...............
|
(b) I have not already acted as the companion of any other voter at any polling station on this day;
(c) I will keep secret the vote recorded by me on behalf of the voter aforesaid.
Signature of Companion.
Date :
Form VIII
(See Rule 43(2) ]
List of Blind and Infirm Voters
Election to the......................Co-operative Society Ltd....................Taluka.......................................District.............from....................Constituency.
No., and name of Polling Station
| | | | | |
| --- | --- | --- | --- | --- |
|
Serial No. of voter
|
Full name of voter
|
Full Name of companion
|
Address
|
Signature of companion or his thumb impression
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
|
|
|
Date :.............19 .
Signature of the Presiding Officer.
Form IX
[See Rule 45(2) ]
Tendered Voters' List
Election to the................. Co-operative Society Ltd............. Taluka............... District..........
Constituency
Polling Station
No. of Polling Station, if any
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Sr. No. of the entry
|
Name of the voter
|
Serial No. of the voter in the list of voters
|
Address of the voter
|
Serial No. of tendered ballot paper
|
Serial No. of ballot paper issued to the person
who has already voted
|
Signature or thumb-impression of the voter
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
|
|
|
|
|
|
|
|
Date :.................20
Signature of the Presiding Officer.
Form X
[See Rule 48]
Ballot Papers Account
Election to the............ Co-operative Society Ltd.,.......Taluka .............. District........... from......... .Constituency......... Polling Station
Serial Nos..............
Total Nos..............
### 1. Number of ballot papers received by the Presiding Officer at the polling station or if the polling station has more than one booth at each booth. ###
2. Number of ballot papers issued to voters.
### 3. Number of unused ballot papers returned. ###
4. Number of ballot papers cancelled.
### 5. Number of tendered ballot papers used. Date :.................19
Signature of the Presiding Officer.
Note. - If a polling station has more than one polling booth, separate account in this form shall be attached to this account in respect of each such polling booth.
[\* \* \*]
[Deleted by G.N. of 25-2-1972.]
Form XI
[See Rule 56 (2) ]
Result Sheet
Election to the. ..... Co-operative Society Ltd...............Taluka...............
District............................ from the . .............Constituency.
| | | | | |
| --- | --- | --- | --- | --- |
|
Polling Station
|
Number of valid votes cast in favour of
|
Number of
|
Number tendered votes
|
Remarks of
|
|
Serial
|
Name
|
A.B.C. etc.
|
Valid votes
|
Rejected votes
|
Total votes for polling station
|
|
|
|
|
|
|
|
Total number of votes recorded at polling stations.
|
Place :
Date :
Signature of Returning Officer.
Form XII
[See Rule 61]
Form of Return of Election
Co-operative Society Ltd ................District....................Taluka .......................... Election for.............................Constituency..........................20
Name of the Candidate
### 1. Total No. of valid votes ###
2. Total No. of invalid votes
### 3. Total No. of tendered votes ###
4. etc.
Number of valid votes given for the candidates
I, declare that.....................................Name
Address has been duly elected.
Signature of Returning Officer.
Date the....................... day of................................ 20.............
|
65b97bc0ab84c7eca86e92e9 | acts |
State of Punjab - Act
-----------------------
The Punjab Opium Orders, 1956
-------------------------------
PUNJAB
India
The Punjab Opium Orders, 1956
===============================
Rule THE-PUNJAB-OPIUM-ORDERS-1956 of 1956
-------------------------------------------
* Published on 19 March 1956
* Commenced on 19 March 1956
The Punjab Opium Orders, 1956
Published vide Punjab Notification No. 990E&T-56/724 Dated 19th March 1956.
A - Definitions
### 1. In these order unless there is anything repugnant in the subject or context :
(a) the expression "pure opium" means the spontaneously co- agulated juice of capsules of the poppy plant, which has not been submitted to any manipulation other than that necessary for packing and transport;
(b) the expression "excise opium" means the opium manufactured at the Government Opium Factories at Gazipur, in Uttar Pradesh and Neemuch in Madhya Pradesh and imported in accordance with rules prescribed by the Central Government;
(c) the expression "boiled opium" means opium lawfully purchased and subsequently boiled for personal consumption;
(d) the expression "poppy heads" means the capsules of the poppy (Papavar somniferum L.) whether in their original form or cut, crushed or powered, and whether or not juice has been extracted therefrom.
(e) (f)
(g) deleted.
(h) The expression 'Deputy Excise and Taxation Commissioner' means the officer incharge of the excise administration of a division in Punjab;
(i) the expression 'Excise Officer means and includes every Officer invested with the power of an Excise Officer under the Punjab Excise Act, 1914;
(j) the expression 'Excise and Taxation Officer' means the Officer holding charge of excise administration of the district and includes Assistant Excise and Taxation Officer of the district;
(k) the expression - 'Excise Commissioner' means the officer, who is the head of the combined Excise and Taxation Department and Excise Administration in Punjab;
(l) \* \* \*
(m) \* \* \*
(n) the expression 'import' means to import inter State as defined in clause (j) of section 2 of the Dangerous Drugs Act, 1930;
(o) the expression 'export' means to export inter State as defined in clause (1) of Section 2 of the Dangerous Drugs Act, 1930;
### 2. All transactions in pure and excise opium and poppy-heads on account of Government may be carried on without restrictions :
Provided that in case of transit by post :-
(a) Only the parcel post may be used;
(b) the parcel shall be accompanied by declaration stating the name or designation of the consignee and consignor, the contents of the parcel in detail and the indent number and date covering the transaction;
(c) the consignee shall show distinctly in his account books, the name or designation of consignor and the quantity of the drugs sent to him from time to time by post.
### 3. Save as provided in order 2 above the import, export or transport of excise opium and poppy heads, into from or within Punjab is permitted only by means other than that of the post.
B - Possession of Opium
### 4. Any officer of Government may, as such, possess pure and excise opium and poppy-heads which has come into his possession in the course of his official duties:
Provided that he shall dispose of such pure opium and poppy-heads and decoctions of poppy-heads in such manner as may be directed by his superior officer or required by the order made or instructions given by Government in that behalf.
### 5. The possession of opium (including poppy-heads) in any quantity by any person except under and in accordance with conditions of a permit granted under the Punjab Opium Prohibition Rules, 1958, or under an appropriate licence or permit granted under the Opium Act, 1878, or the Dangerous Drugs Act, 1930 or the Medicinal and Toilet Preparations (Excise Duties) Act, 1932 prohibited.
### 6. to 9.
### 10. Deleted
C - Transport of Opium Within Punjab
### 11. Pure and Excise Opium and poppy-heads may be transported by any Government Officer acting in regard to such transport in the performance of his official duties.
### 12. to 19.
Deleted.
### 20. The Excise and Taxation Officer of any district through which a consignment of poppy-heads may be passing under cover of a transport pass, may on due cause being shown by the consignor, consignee or person incharge of the consignment, extend the period for which such transport pass to remain in force. Every extension of time so granted shall be endorsed upon the pass by the Excise and Taxation Officer granting it, and every such endorsement shall be dated and signed by him.
### 21. The poppy-heads transported under cover of a transport pass shall, on arrival within the limits of a tehsil or district in which its place of destination is situated, be taken for examination and weighment direct to the office designated in the transport pass in that behalf.
### 22. On arrival at such office the consignee or person incharge of the consignment shall deliver up his copy of the transport pass and all poppy- heads in his possession-
(a) If the office be at the headquarters of a district to the Excise and Taxation Officer or other Excise Officer deputed by him to examine and weigh such consignment under transport ;
(b) if the office be at the headquarters of a tehsil to the Excise Inspector or Excise Sub-Inspector concerned and if there is no Excise Inspector or Excise Sub-Inspector then to the Tehsildar or any other officer deputed by him to examine and weigh such consignment.
D - Import of Opium
### 23. Deleted.
### 24. The import of pure and excise opium and poppy heads is permitted by a Government servant acting in regard to such import in the performance of his official duties.
### 25. The import of excise opium from the Government Opium Factory at Gazipur and Neemuch shall be regulated by the Central Opium Rules, made by the Central Government under section 5 of the Dangerous Drugs Act (II of 1930).
E - Export of Opium
### 26. Pure and excise opium and poppy heads may be exported by any officer of Government under the orders of Government.
### 27. to 29.
Deleted.
F - Further General Provisions Regulating Transport, Import And Export Of Poppy-Heads.
### 30. Every consignment of poppy-heads to be transported, imported or exported under these orders shall be properly packed, and firmly secured and sealed so that it cannot be opened and its contents tampered with or extracted without breakage of or damage to the seals or pack in material.
### 31. Every Deputy Excise and Taxation Commissioner and every Excise Officer of the first or second class is authorised to detain, so long as may be necessary for the inspection of the same and to inspect any consignment of poppy-heads in transit through his jurisdiction and to call for the production of the pass under which such poppy-heads are being transported, imported or exported.
### 32. If upon any inspection made under the powers conferred by order 31 above any excess or deficiency between the quantity of poppy-heads specified in the pass and the actual quantity contained in any parcel or package to which the pass relates is found to exist, and the consignor, consignee or person incharge thereof cannot satisfactorily account for such excess or deficiency, the fact shall forthwith be reported to the Deputy Excise and Taxation Commissioner of the Division in which such inspection is made, and pending the orders of such Deputy Excise and Taxation Commissioner the parcel or package in question shall be detained by the inspecting officer.
### 33. If when any poppy-heads shall be weighed under the provision of order 28 or in the course of inspection made under the provisions of orders 31 and 32, a deficiency between the quantity specified in the pass and the actual quantity contained in any parcel or package to which the pass relates is found to exist, such allowance on account of dryage shall be made in reduction of that deficiency as may from time to time be prescribed by the Excise Commissioner in that behalf.
### 34. Deleted.
### 35. Any consignment of poppy-heads which in the course of transit by rail but which is not covered by a pass issued under the Punjab Opium Prohibition Rules, 1959 or is not being transported in accordance with any other rules or law, relating to opium, for the time being in force may be seized and detained by any railway police or excise officer.
G - Sale of Opium
### 36. Excise opium or poppy-heads may be sold by any Government Officer on behalf of Government in accordance with such directions as the Excise Commissioner may, from time to time, issue on behalf.
### 37. to 42.
Deleted.
H - General Orders As To Licences For Sale of Opium
### 43. to 47
. Deleted.
I - General Provision Applicable to All Licensees, Etc. Under These Orders.
### 48. to 68. Deleted.
J - Appeal And Revision
### 69. An appeal shall lie from an original or appellate order of an Excise Officer as follows, namely :-
(a) to the Deputy Excise and Taxation Commissioner when th Order is made by an Excise Officer below the rank of Deputy Excise and Taxation Commissioner.
(b) to the Excise Commissioner when the order is made by a Deputy Excise and Taxation Commissioner -
Provided that -
(i) when an original order is confirmed on first appeal, a further appeal, shall not be;
(ii) when any such order is modified or reversed by the Deputy Excise and Taxation Commissioner on appeal, the order made by the Excise Commissioner on further appeal, if any, shall be final.
### 70. Every memorandum of appeal must be presented within one month from the date of the order appealed against.
### 71. Every memorandum of appeal shall be accompanied by the order appealed against, in original, or by an authenticated copy of such order unless the omission to produce such order or copy is explained to the satisfaction of the appellate authority. The time spent in obtaining an authenticated copy of such order, shall be excluded from the period of limitation prescribed under Order 70 above.
### 72. (1) The Excise Commissioner or a Deputy Excise and Taxation Commissioner may review and on so reviewing modify, reverse or confirm any order passed by himself or any of his predecessors in office under these rules, provided that ;
(a) an application for review of an order shall not be entertained unless it is made within thirty days from the passing of the order, or unless the applicant satisfies the officer that he had sufficient cause for not making the application within that period;
(b) an order shall not be modified or reversed unless reasonable notice has been given to the parties affected thereby to appear and be heard in support of the order ;
(c) an order against which an appeal has been preferred shall not be reviewed.
Provided also that no licence, pass, or permit shall be cancelled by way of review of the order granting it.
(2) An appeal shall not lie from an order refusing to review or confirming on review of a previous order.
### 73. The Excise Commissioner or a Deputy Excise and Taxation Commissioner may call for the record of any case under these orders pending before or disposed of by any officer subordinate to him and pass such order in conformity with these orders as he thinks fit. An order shall not be modified or reversed unless reasonable notice has been given to the parties affected thereby to appear and to be heard in support of the order.
|
65ba75b0ab84c7eca86eb750 | acts |
Union of India - Act
----------------------
THE CENTRAL GOODS AND SERVICES TAX (AMENDMENT) ACT, 2023
----------------------------------------------------------
UNION OF INDIA
India
THE CENTRAL GOODS AND SERVICES TAX (AMENDMENT) ACT, 2023
==========================================================
Act 30 of 2023
----------------
* Published in Gazette of India on 18 August 2023
* Not commenced
An Act further to amend the Central Goods and Services Tax Act, 2017.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—
### 1. Short title and commencement.
(1) This Act may be called the Central Goods and Services Tax (Amendment) Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of thisAct shall be construed as a reference to the coming into force of that provision.
### 2. Amendment of section 2.
In section 2 of the Central Goods and Services TaxAct, 2017 (hereinafter referred to as the principal Act),—
(a) after clause (80), the following clauses shall be inserted, namely:—
(80A)
"online gaming" means offering of a game on the internet or an electronic network and includes online money gaming;
(80B)
"online money gaming" means online gaming in which players pay or deposit money or money's worth, including virtual digital assets, in the expectation of winning money or money's worth, including virtual digital assets, in any event including game, scheme, competition or any other activity or process, whether or not its outcome or performance is based on skill, chance or both and whether the same is permissible or otherwise under any other law for the time being in force;’;
(b) after clause (102), the following clause shall be inserted, namely:—
(102A)
"specified actionable claim" means the actionable claim involved in or by way of—
(i) betting;
(ii) casinos;
(iii) gambling;
(iv) horse racing;
(v) lottery; or
(vi) online money gaming;’;
(c) in clause (105), the following proviso shall be inserted at the end, namely:—
"Provided that a person who organises or arranges, directly or indirectly, supply of specified actionable claims, including a person who owns, operates or manages digital or electronic platform for such supply, shall be deemed to be a supplier of such actionable claims, whether such actionable claims are supplied by him or through him and whether consideration in money or money's worth, including virtual digital assets, for supply of such actionable claims is paid or conveyed to him or through him or placed at his disposal in any manner, and all the provisions of this Act shall apply to such supplier of specified actionable claims, as if he is the supplier liable to pay the tax in relation to the supply of such actionable claims;";
(d) after clause (117), the following clause shall be inserted, namely:—
(117A)
"virtual digital asset" shall have the same meaning as assigned to it in clause (47A) of section 2 of the Income-taxAct, 1961;’.
### 3. Amendment of section 24.
In section 24 of the principal Act,—
(a) in clause (xi), the word "and" ocurring at the end, shall be omitted;
(b) after clause (xi), the following clause shall be inserted, namely:—
(xia) every person supplying online money gaming from a place outside India to a person in India; and".
### 4. Amendment of Schedule III.
In the principal Act, in Schedule III, in paragraph 6, for the words "lottery, betting and gambling" the words "specified actionable claims" shall be substituted.
### 5. Transitory provision.
The amendments made under this Act shall be without prejudice to provisions of any other law for the time being in force, providing for prohibiting, restricting or regulating betting, casino, gambling, horse racing, lottery or online gaming.
————
|
65b9e761ab84c7eca86ea361 | acts |
State of Assam - Act
----------------------
The Assam Cattle Preservation Rules, 1956
-------------------------------------------
ASSAM
India
The Assam Cattle Preservation Rules, 1956
===========================================
Rule THE-ASSAM-CATTLE-PRESERVATION-RULES-1956 of 1956
-------------------------------------------------------
* Published on 17 July 1956
* Commenced on 17 July 1956
The Assam Cattle Preservation Rules, 1956
Published vide Notification No. AGA, 186/49/262, dated 17th July, 1956, Published in the Assam Gazette Part 2A, dated 25th July, 1956 pp 2021-22
Last Updated 10th February, 2020
Notification No. AGA, 186/49/262, dated 17th July, 1956. - In exercise of the powers conferred by Section 15 of the Assam Cattle Preservation Act, 1950 (Assam Act No. XIII of 1951), the Governor of Assam is pleased to make the following rules :
### 1. Short title.
- These Rules may be called the Assam Cattle Preservation Rules, 1956.
### 2. Definitions.
- In these rules unless there is anything repugnant in the subject or context-
(a) "Act" means the Assam Cattle Preservation Act, 1950 (Assam Act No. XIII of 1951);
(b) "Section" and "sub-section" means respectively a section and sub-section of the Act;
(c) "Form" means a form as set out in the Schedule to these rules.
### 3. These rules shall come into force from the date of enforcement of the Act.
### 4. Definition of prescribed area under Section 6 of the Act.
- All slaughter houses existing at the commencement of this Rule shall be places of slaughter for the purposes of the Act. Any other place or places may be notified for this purpose from time to time by the State Government.
### 5. Certificate fees.
- The rate of fees payable for the issue of a certificate under Section 5 of the Act shall be as shown against each kind of cattle given below :
| | |
| --- | --- |
|
Male and female buffaloes
|
Rs. 1.00 each.
|
|
Bulls, Bullocks or cows
|
Rs. 12 each
|
|
Calves
|
Rs. 8 each.
|
### 6. Exemption from the operation of the Act on grounds of religion ceremony, medicinal research or any other purposes under Section 13.
- For the purpose of exemption from the slaughter of any cattle for any religious, ceremonial medicinal research or any other purposes, the person concerned shall apply timely to the State Government.
Whenever any one from any locality wants to be exempted from the operation of the Act for slaughter of any cattle for religious ground or ceremonial or medicinal research, he should apply timely to the State Government, through the local Certifying and Veterinary Officer. The State Government, if satisfied on recommendations of the aforesaid officers, may issue a written permission subject to such conditions as may be prescribed and the copy of the orders shall be simultaneously forwarded to the Certifying and Veterinary Officers.
### 7. All applications for issue of a certificate and the certificate issued under Section 5 of the Act, shall be as prescribed in Forms A and B respectively of the Schedule annexed hereto.
Schedule
----------
Form A
To
The Certifying Officer,
...............(locality or area),
District............
Sir,
I beg to apply for certificates to slaughter the following cattle which may kindly be examined and the necessary certificates be issued. I am ready to pay the certificate fees according to the prescribed rule :
| | | | |
| --- | --- | --- | --- |
|
Species
|
Sex
|
Colour with brief description of cattle
|
Approximate number, age
|
|
|
|
|
|
| | |
| --- | --- |
|
Date...................
|
Yours faithfully,
|
|
Place..................
|
Name...............
|
|
|
Address............
|
Form B
From :
Certifying Officer and Veterinary Officer and Address....................
To
Name of applicant .........
Address........
Reference : Your application dated..........
Certified that we are of opinion that head/heads of the cattle of the following description is/are fit for slaughter under the Assam Cattle Preservation Act, 1950:
| | | | | |
| --- | --- | --- | --- | --- |
|
Species
|
Numbers
|
Age
|
Sex
|
Remarks by the Certifying Officer and Veterinary
Officer
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Signature of Certifying Officer
|
Signature of Veterinary Officer
|
|
Date..............
|
|
|
Place..............
|
Address...........
|
|
65ba67e6ab84c7eca86eb2a6 | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Delimitation Commission Act, 2017
----------------------------------------------
TAMILNADU
India
Tamil Nadu Delimitation Commission Act, 2017
==============================================
Act 23 of 2017
----------------
* Published on 11 July 2017
* Commenced on 11 July 2017
Tamil Nadu Delimitation Commission Act, 2017
(Act
No. 23 of 2017
)
Last Updated 15th January, 2020
[Dated 11.07.2017]
An Act to provide for the constitution of Delimitation Commission for delimitation of territorial wards of Village Panchayats, Panchayat Unions, District Panchayats, Town Panchayats, Municipalities and Municipal Corporations and for matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-eighth Year of the Republic of India as follows:-
### 1. Short title and commencement.
(1) This Act may be called the Tamil Nadu Delimitation Commission Act 2017.
(2) It shall come into force on such date as the Government may, by notification, appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "Commission" means the Delimitation Commission constituted under section 3;
(b) "Government" means the State Government;
(c) "local body" means,-
(i) a village panchayat, panchayat union or district panchayat Tamil Nadu Act constituted under the Tamil Nadu Panchayats Act, 1994(21 of 1994).
(ii) a town panchayat or municipality constituted under the Tamil Nadu District Municipalities Act, 1920(5 of 1920) and
(iii) a municipal corporation established under any law for the time being in force;
(d) "member" means a member of the Commission and includes the Chairman; and
(e) "Tamil Nadu State Election Commissioner" means the State Election Commissioner appointed by the Governor of Tamil Nadu under Article 243K of the Constitution.
### 3. Constitution of Delimitation Commission.
(1) As soon as may be after the commencement of this Act, the Government shall constitute a Commission to be called the Delimitation Commission which shall consist of the following members, namely:-
(a) The Tamil Nadu State Election Commissioner, who shall be the Chairman, ex-officio;
(b) The Director of Rural Development and Panchayat Raj, ex-officio;
(c) The Commissioner of Municipal Administration, ex-officio;
(d) The Director of Town Panchayats, ex-officio;
(e) The Commissioner of Chennai City Municipal Corporation, ex-officio;
(f) The Secretary, Tamil Nadu State Election Commission, who shall be the Member-Secretary, ex-officio.
(2) The headquarters of the Commission shall be located within the limits of Chennai City Municipal Corporation.
### 4. Functions of Commission.
(1) The Commission shall perform the following functions, namely:-
(a) to make recommendations for fixing the total number of members to be elected to every local body on the basis of the population as ascertained at the last preceding census of which the relevant figures have been published;
(b) to make recommendations for dividing the area of every local body into as many wards as the number of members required to be elected to that local body on the basis of the population as ascertained at the last preceding census of which the relevant figures have been published;
(c) to make recommendations to determine the boundaries of the wards in every local body;
(d) to make recommendations with a view to ensure that the population of each ward in every local body shall, as far as practicable, be the same throughout that local body;
(e) to make recommendations to have every territorial wards, as far as practicable, be geographically compact area;
(f) to make recommendations to determine the territorial ward or wards in which seats are reserved for Scheduled Castes, Scheduled Tribes and Women in every local body on the basis of the population as ascertained at the last preceding census of which the relevant figures have been published;
(g) to make periodical reports at prescribed intervals to the Government; and
(h) to perform such other functions as the Government may specify from time to time.
### 5. Powers of Commission.
(1) The Commission shall determine its own procedure and shall, in the performance of its functions, have all the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act V of 1908), while trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the production of any document; and
(c) requisitioning any public record from any court or office.
(2) The Commission shall have power to require any person to furnish any information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, any matter under the consideration of the Commission.
(3) The Commission may authorize any of its members to exercise any of the powers conferred on it by clauses (a) to (c) of sub-section (1) and sub-section (2), and any order made or act done in exercise of any of those powers by the member authorized by the Commission in that behalf shall be deemed to be the order or act, as the case may be, of the Commission.
(4) If there is a difference of opinion among the members, the opinion of the majority shall prevail, and the proceedings and orders of the Commission shall be expressed in terms of the views of the majority.
### 6. Meeting of Commission.
- The Commission shall meet, as often as may be necessary, at such time and place and observe such rules of procedure as may be provided in the regulations.
### 7. Staff of Commission.
- The Commission shall appoint such number of employees as may be necessary for the efficient performance of its functions. The terms and conditions of service of the employees of the Commission shall be such as may be provided in the regulations.
### 8. Power to issue directions.
- The Government may issue to the Commission such directions as in their opinion are necessary or expedient for carrying out the purposes of this Act and the Commission shall give effect to all such directions.
### 9. Proceedings of Commission not to be invalidated by infirmities.
- The Commission shall have power to act notwithstanding the temporary absence of a member or the existence of a vacancy in the Commission and no act or proceeding of the Commission shall be invalid or called in question on the ground merely of such temporary absence or of the existence of such vacancy.
### 10. Members and employees of Commission to be public servants.
- The Chairman, members, the Member-Secretary and other employees of the Commission shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, or regulation or order or direction made or issued under this Act, to be public servants within the meaning of section 21 of the Indian Penal Code(Central Act XLV of 1860).
### 11. Protection of action taken in good faith.
- No suit or other legal proceeding shall lie against the Government, the Commission or any member thereof or any employee or person acting under the direction of the Government or the Commission, in respect of anything which is in good faith done or intended to be done in pursuance of this Act or regulation, order or direction made or issued under this Act.
### 12. Power to make regulations.
- The Commission may, with the previous approval of the Government, make regulations for carrying out the provisions of the Act.
### 13. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion requires, by order, not inconsistent with the provisions of this Act, do anything which appears to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.
|
65b925a5ab84c7eca86e86d2 | acts |
State of Uttar Pradesh - Act
------------------------------
Rules of Contributory Provident Fund-Insurance-Pension Scheme (The Triple Benefit Scheme) for the Employees Serving in State Aided Educational Institutions run by Local Bodies or Private Managements
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
UTTAR PRADESH
India
Rules of Contributory Provident Fund-Insurance-Pension Scheme (The Triple Benefit Scheme) for the Employees Serving in State Aided Educational Institutions run by Local Bodies or Private Managements
========================================================================================================================================================================================================
Rule RULES-OF-CONTRIBUTORY-PROVIDENT-FUND-INSURANCE-PENSION-SCHEME-THE-TRIPLE-BENEFIT-SCHEME-FOR-THE-EMPLOYEES-SERVING-IN-STATE-AIDED-EDUCATIONAL-INSTITUTIONS-RUN-BY-LOCAL-BODIES-OR-PRIVATE-MANAGEMENTS of 1974
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Published on 1 March 1974
* Commenced on 1 March 1974
Rules of Contributory Provident Fund-Insurance-Pension Scheme (The Triple Benefit Scheme) for the Employees Serving in State Aided Educational Institutions run by Local Bodies or Private Managements
Chapter I
General
----------------------
### 1. These rules shall be called the "Uttar Pradesh State Aided-educational Institution Employees' Contributory Provident Fund-Insurance-Pension Rules."
### 2. They shall be deemed to have come into force on October 1, 1964.
### 3. These rules shall apply to permanent employees serving in State aided educational institutions of the following categories run either by a Local Body or by a private Management and recognised by a competent authority as such for purposes of payment of grant-in-aid:
(1) Primary Schools;
(2) Junior High Schools;
(3) Higher Secondary Schools;
(4) Degree Colleges;
(5) Training Colleges.
### 4. (a) These rules are intended to the employees of the State aided educational institutions, three types of service benefits, viz., Contributory Provident Fund, Insurance and Pension (Triple Benefit Scheme). The quantum of the benefits and the conditions by which they are governed are described in the succeeding Chapters.
(b) An employee already in permanent service on the date of enforcement of these rules shall be given an option to elect these new rules or to continue to be governed by the existing rules applicable to him.
(c) No employees shall be allowed option to choose only a part of the Scheme except as otherwise specifically provided for in these rules.
(d) Option once exercised shall be final.
Chapter II
Definitions
---------------------------
### 5. In these rules unless there is anything repugnant in the subject or context-
(a) "Children" means legitimate children;
(b) "Contribution" means the contribution of the management of an institution or of the Government or both, as the case may be, to the contributory provident fund account of an employee;
(c) "Controlling Authority" in respect of different categories of Educational Institutions shall mean-
(i) "The Director of Education, U.P.," in case of Degree and Training Colleges;
(ii) "The Deputy Director of Education of the Region" in case of all Higher Secondary Schools;
(iii) "The District Inspector of Schools" in case of all Junior High Schools and Primary Schools;
(d) "Department" means the Department of Education, U.P;
(e) "Director" means the Director of Education, U.P. or any other officer authorised to exercise the powers of the Director of Education in regard to these rules;
(f) "Employment" means the substantive pay and any special pay admissible under these rules for purposes of assessment of maintenance grant;
(g) "Employee" means a permanently employed person borne on the whole-time teaching or non-teaching establishment of an aided institution, excluding-(a) the inferior staff, and (b) the ministerial staff of the institutions maintained by a Local Body;
(h) "Fund" means the Contributory Provident Fund;
(i) "Family" includes the following relatives wholly dependent on the employee:
(i) Wife in the case of male employee;
(ii) Wife in the case of male employee;
(iii) Husband, in the case of a female employee;
(iv) Sons; } Including such step children
(v) Unmarried and widowed daughters; } and adopted children.
(vi) Brothers below the age of 13 years and unmarried and widowed sisters (including such step brothers and step sisters);
(vii) Father;
(viii) Mother;
(ix) Married daughters (including step daughters); and
(x) Children of a pre-deceased son.
(j) "Government" means the Government of Uttar Pradesh;
(k) "Inferior Staff means the last grade servants of the category of Class IV employees in Government offices, employed in aided institutions;
(l) "Institution" means an aided school or college referred to in Rule 3 above;
(m) "Leave" means any kind of leave, admissible to an employee under the relevant Service Rules applicable to him;
(n) "Local body" means a duly constituted Local Authority and recognised by government as such and includes the Nagar Mahapalika, Nagar Palika, Zila Parishad, Cantonment Board, Notified Area Committee and Town Area Committee;
(o) "Management" means a Committee of Management of privately managed institution, or a Local Body or any other body vested with the powers to manage the affairs of an institution and recognised by Government as such;
(p) "pension" means the pension payable to an employee under the rules in Chapter V of these Rules;
(q) "Policy" means an Insurance Policy taken by an employee on his/her life with the Life Insurance Corporation of India or Postal Life Insurance under these rules;
(r) "Subscriber" means any employee who is required or permitted to subscribe to the Contributory Provident Fund and has been subscribing thereto;
(s) "Whole-time employee" means an employee who is appointed in an institution on whole-time basis.
(t) "Year" means financial year.
Chapter III
Contributory Provident Fund
--------------------------------------------
### 6. The employee of the State aided privately managed institutions as well as the employees of the institution maintained by a Local Body shall continue to be governed by the existing Contributory Provident Fund Rules applicable to them.
Chapter IV
Life Insurance
------------------------------
### 7. Every employee referred to in sub-rule (b) of Rule 4 who elects these rules or a temporary employee on his confirmation, within a period of one year of his/her election of these rules or confirmation, as the case may be, shall be insured his/her life with the Life Insurance Corporation of India or the Postal Life Insurance for a Policy maturing at the age of compulsory retirement for an amount not less than that specified against his/her category in "Appendix A" and keep the policy alive and un-encumbered:
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 un-encumbered:
Provided also that an employee who already completed 40 years of age on October 1, 1934, or who may be recruited after that age shall be exempted from this rule.
### 8. When an employee who has insured himself under Rule 7, gets into a higher category either due to promotion or fresh appointment, he shall within six months of such promotion/fresh appointment, effect additional insurance to cover the difference:
Provided that no such additional insurance need be insisted upon in cases where in the opinion of the Controlling Authority the employee's chances continuing in the higher category are uncertain.
Note. - The terms and conditions under which a policy will be issued by the Life Insurance Corporation of India/The Postal Life Insurance shall be binding upon the employees.
### 9. An employee who delays, without valid reasons, to comply with the provisions of Rules 7 and 8 shall forfeit all claims to his service prior to the date of Insurance, being counted for pension. Rules 7 and 8 will not apply to an employee who is declared ineligible for insurance as 'bad life' by the Life Insurance Corporation of India or the Postal Life Insurance or to persons belonging to religious orders which prohibit its followers from taking insurance policies.
### 10. It shall be the sole responsibility of the employee himself to make regular payments towards premia and keep his policy alive. The employee shall furnish to the management at the end of each financial year necessary proof to the effect that he has paid all premia due on his policy for that year. The management shall submit a consolidated statement in this respect to the Controlling Authority every year indicating that the policies taken by the staff under its control have been kept alive and their premia paid regularly.
In case the Controlling Authority finds that an employee has failed to pay the premia due he shall direct the management to make deductions from his salary and pay the premia.
### 11. Subject to the general conditions contained in the relevant Provident Fund Schemes the amount of subscriptions with interest thereon standing at the credit of an employee in his provident fund, however, be withdrawn to meet payment towards premia of an Insurance Policy. The amount so withdrawn shall have to be refunded to the fund in accordance with the rules of the Provident Fund Scheme applicable to the employee concerned:
Provided that no amount shall be withdrawn for the purpose - (1) before the details of the proposed policy have been submitted to the Controlling Authority and accepted by him as suitable; or (2) in excess of the amount required to meet a premium actually due for payment within six months of the date of withdrawal:
Provided further that amounts withdrawn shall be rounded to the nearest whole rupee.
Note. - The premium for a policy in respect of which withdrawal of subscriptions from the Fund may be permitted under Rule 11 shall not be payable otherwise than annually.
### 12. In case an employee desires to pay the premium out of his share in the Fund he shall arrange the withdrawal of necessary amounts at the proper time through the employer.
### 13. The application for withdrawal will be made in a Form prescribed by the Director.
### 14. The employee withdrawing from the Provident Fund under Rule 11 shall be responsible to send to the Controlling Authority within a month of receipts or certified copies of receipts in order to satisfy that officer that the amount was duly applied in making payment of the insurance premium.
### 15. The Controlling Authority shall order the recovery of any amount or portion of it withdrawn under rule 11 in respect of which he has not been satisfied in the manner required by Rule 14, with interest thereon at the prescribed rate, from the employments of the employee and place it to the credit of the employee in his (Provident) Fund.
### 16. A policy taken out under Rules 7 and 8 may be assigned to any member of the employee's family, but not to anyone else as gift or for value received.
Chapter V
Pension
----------------------
### 17. An employee shall be eligible for pension on -
(i) retirement on attaining the age of superannuation or on the expiry of extension granted beyond the superannuation age;
(ii) voluntary retirement after completing 25 years of qualifying service;
(iii) retirement before the age of superannuation under a medical certificate of permanent incapacity for further service; and
(iv) discharge due to abolition of post or closure of an institution due to withdrawal or recognition or other valid causes.
Notes. - (1) The age of compulsory retirement of an employee shall be such as prescribed in the relevant rules applicable to him.
The date of superannuation shall be reckoned from the date of birth of an employee as entered in his Service Book or other records. In case the year of birth only is known, but not the month, the first July of the year shall be taken as the date of birth. Similarly when both the year and the month of birth are known, but not the date, the 16th of the month shall be taken as the date of birth.
(2) An employee may retire from service voluntarily any lime after completing 25 years of qualifying service, provided that he shall give in this behalf a notice in writing to the management at least 3 months before the date on which he wishes to retire.
### 18. The amount of pension that may be granted shall be determined by the length of qualifying service, vide Rule 31 below. Fractions of a year shall not be taken into account in the calculation of pension under these rules. Pension shall be calculated to the nearest multiple of 5 paise.
(a) The full pension admissible under these rules will not be sanctioned unless the service rendered has been considered satisfactory and is approved by the Controlling Authority.
(b) If the service has been thoroughly satisfactory the authority sanctioning the pension may order such reduction in the amount as it thinks proper.
### 19. (a) Service will not count for pension unless the employee holds a substantive post on a permanent establishment.
(b) Continuous, temporary or officiating service followed without interruption by confirmation in the same or another post shall also count as qualifying service (See also C.S.R. Para 422).
(c) Leave without allowance, suspension allowed to stand as a specific penalty, over-stayal of joining time or leave not subsequently regularised, and period of breaks in service shall not be reckoned as qualifying service.
(d) Periods of breaks between 2 periods of service due to termination of service, for no fault of the employee shall not be treated as interruption involving forfeiture of post qualifying service. In other cases breaks due to other causes shall result in forfeiture of past service unless condoned by Government.
(e) Time passed on earned leave shall fully count as qualifying service, but time passed on other kinds of leave with allowances shall count as qualifying service as follows:
(i) If the total service is not less than 13 years, but less than 30 years, one year of such leave shall count as qualifying service;
(ii) If the total service is not less than 30 years, two years of such leave shall count as qualifying service.
Notes. - (1) The term "Earned Leave" means leave on full average pay.
(2) In case of a married woman employee time passed on maternity leave may be allowed to count as qualifying service, provided that the period covered by such leave and also earned leave shall not exceed what would have been admissible had she availed of the whole of the earned leave to which she was entitled under the rules.
(3) "Total Service" means total service reckoning from the date of commencement of service qualifying for pension and includes periods of leave referred to above.
(4) The service put in by an employee before he has completed 18 years of age or after attaining the age of superannuation unless extended by competent authority or on reemployment after retirement shall not qualify for pension.
(5) The entry relating to confirmation of an employee in the service book shall be countersigned.
(6) In cases not covered by these rules qualifying service shall be determined by Government and its decision shall be final.
### 20. The Controlling Authority may, at his discretion, condone a deficiency up to 6 months in the qualifying service of an employee, if the qualifying service exceeds nine years, but falls short of 10 years for grant of pension.
### 21. An employee shall be eligible for superannuation/retiring/invalid pension only after completing 10 years of qualifying service at 1/20 of his average empluments of past three years for every completed year of service subject to the maximum of 30/120 of such emoluments or the maximum fixed for the purpose, whichever is less. The appropriate amounts are noted below:
| | | | |
| --- | --- | --- | --- |
|
SI. No.
|
Completed years of qualifying service
|
Scale of pension
|
Maximum limit of Pension
|
|
1
|
2
|
3
|
4
|
|
1.
|
10 years
|
10/120th of average emoluments of last three years.
|
I - For employees of Primary and Junior High Schools - Rs. 60
per month.
|
|
2.
|
11 years
|
11/120th Ditto
|
II - (i) Heads of Higher Secondary Schools - Rs. 75 per
month.
|
|
3.
|
12 years
|
12/120th ditto
|
(ii) For other employees of Higher Secondary Schools - Rs. 60
per month.
|
|
4.
|
13 years
|
13/120 of average emoluments of last three years.
|
...
|
|
5.
|
14 years
|
14/120th ditto
|
III - (i) Principals of Degree Colleges Rs.150 per month.
|
|
6.
|
15 years
|
15/120th ditto
|
(ii) For Heads of Departments of Degree Colleges - Rs. 100
per month.
|
|
7.
|
16 years
|
16/120th ditto
|
(iii) For Lecturers of Degree Colleges - Rs. 75 per month.
|
|
8.
|
17 years
|
17/120th ditto
|
(iv) Other employees of Degree Colleges - Rs. 60 per month.
|
|
9.
|
18 years
|
18/120th ditto
|
...
|
|
10.
|
19 years
|
19/120th ditto
|
...
|
|
11.
|
20 years
|
20/120th ditto
|
IV - (i) For Principals of Training Colleges - Rs. 75 per
month.
|
|
12.
|
21 years
|
21/120th ditto
|
(ii) For further employees of Training Colleges - Rs. 60 per
month.
|
|
13.
|
22 years
|
22/120th ditto
|
...
|
|
14.
|
23 years
|
23/120th ditto
|
...
|
|
15.
|
24 years
|
24/120th ditto
|
...
|
|
16.
|
25 years
|
25/120th ditto
|
...
|
|
17.
|
26 years
|
26/120th ditto
|
...
|
|
18.
|
27 years
|
27/120th ditto
|
...
|
|
19.
|
28 years
|
28/120th ditto
|
...
|
|
20.
|
29 years
|
29/120th ditto
|
...
|
|
21.
|
30 years
|
30/120th ditto
|
...
|
### 22. The pensioner shall at least once in 6 months present himself before the sanctioning/controlling authority for physical verification and get his Pension Payment Order countersigned.
### 23. The P.P.O. must be surrendered within seven days of the demise of the pensioner to the controlling authority through the management of the institution where he was getting the pension.
### 24. (1) A family pension not exceeding the amount specified in sub-rule (2) below may be granted for a period of 10 years to the family of an employee who dies either while still in service or after retirement, after completion of not less than twenty years of qualifying service:
Provided that the period of payment of family pension shall in no case extend beyond a period of five years from the date on which the deceased employee would have attained the age of superannuation.
Note. - In cases where the qualifying service is less than the prescribed minimum the deficiency should not be condoned.
(2) The amount of family pension would be-
(a) in the event of death while in service one-half of the superannuation pension which would have been admissible to the employee had he retired on the date following the date of his death; and
(b) in the event of death after retirement one-half of the pension sanctioned to the employee at the time of his retirement.
(3) No family pension shall be payable under this Chapter-
(a) to a person mentioned under 5(k), unless the Controlling Authority is satisfied that such person was dependent on the deceased employee for support;
(b) to an unmarried female member of the family in the event of her marriage;
(c) to a widowed female member of the family in the event of her re-marriage;
(d) to a brother of deceased employee on his attaining the age of 11 years; and
(e) to a person who is not a member of the deceased employee's family;
(4) Except as may be provided by nomination under Rule 3 below:
(a) A pension sanctioned under this Chapter shall be granted-
(i) to the eldest surviving widow, if the deceased was a male employee or the husband, if the deceased was female employee;
(ii) failing the widow or husband, as the case may be, to the eldest surviving son:
(iii) failing (i) and (ii) above, to the eldest surviving unmarried daughter;
(iv) these failing to the eldest widowed daughter.
(b) In the event of the pension not becoming payable under clause (a) the pension may be granted-
(i) to the father;
(ii) failing the father, to the mother;
(iii) failing the father and mother both, to the eldest surviving brother below the age of 18;
(iv) failing to the eldests surviving, unmarried sister;
(v) failing (i) to (iv) above, to the letest surviving widowed sister; and
(vi) failing (i) to (v) above, to the children of a pre-deceased son in the order it is payable to the children of the deceased employees under clause (a) (iii) and (iv) above.
Note. - The expression "eldest surviving widow" occurring in clause (a) (i) above should be construed with reference to the seniority according to the date of marriage with the employee and not with reference to the age of surviving widow.
### 25. (a) An employee shall immediately after his confirmation of exercise of opinion for being governed by these rules, as the case may be, make nomination in the form to be prescribed by the Directors, indicating the order in which the pension sanctioned under this Chapter should be payable to the members of his family and to the extent it is valid, the pension will be payable in accordance with such nomination, provided the nominee concerned is not ineligible, on the date on which the pension may become payable to him or her to receive the pension under the provisions of sub-rule (3) of Rule 22. In case the nominee concerned is or has become ineligible to receive the pension under the said sub-rule, the pension shall be granted to the person next lower in the order in such nomination.
(b) (i)
An employee may at any time cancel a nomination by sending a notice in writing to the controlling authority, provided that the employee shall along with such notice, send a fresh nomination made in accordance with these rules.
(ii) Every nomination made, and every notice of cancellation given by an employee under this Rule, shall be sent by the employee to the Controlling Authority who immediately on receipt of it shall countersign it indicating the date of receipt and keep it under his custody.
(iii) Every nomination made and every notice of cancellation given by an employee shall, to the extent it is valid, take effect on the date on which it is received by the authority mentioned in clause (ii) above.
(c) A pension awarded under this Chapter shall not be payable to more than one member of the deceased employee's family at the same.
Chapter VI
General Provisions
----------------------------------
### 26. The application for pension/family pension shall be made in Forms to be prescribed by the Director.
### 27. The management shall take up preparation of pension papers of an employee one and half years before the due date of retirement, or in case of family pension, immediately on receipt of an application in this regard and submit them to the Controlling Authority for sanction.
### 28. (i) The pension/family pension found admissible may be sanctioned by the Controlling Authority after necessary verification and exercising all checks and the Pension Payment Order issued in favour of the person concerned.
(ii) Disbursement of anticipatory pension/family pension may be authorised by the Controlling Authority in case of delay in the issue of former Pension Payment Order.
(iii) On receipt of the Pension Payment Order the disbursement of the pension shall be made in case of an employee of a Local Body by the body concerned and in the case of a privately managed Junior High School, Higher Secondary School, Degree or Training College, by the management of the institution.
(iv) The amount of pension shall be treated as a legitimate charge in the manager's return and be paid to the management along with the regular grant-in-aid of the institution.
### 29. Cases requiring the grant of any concession not contemplated in these rules shall be submitted to Government for orders.
### 30. Future good conduct of the recipient is an implied condition of grant of pension/family pension under these rules. Government reserve to themselves the right of withholding or withdrawing such pension or any part thereof if the recipient be convicted of serious crime or be guilty of grave misconduct. Decision of Government in such matters shall be final.
### 31. There shall be commutation of pension sanctioned under these rules.
### 32. Government will have the right to effect recoveries from the pension/family pension sanctioned under this Chapter in respect of any amount due from the employee to . the management or the Government.
### 33. No pension/family pension shall be granted if the employee was dismissed or removed from service for misconduct, insolvency or inefficiency.
### 34. In matters concerning pension/family pension not provided to specifically in these rules, the corresponding procedure laid down in respect of the State Government employees shall apply mutatis mutandis.
Appendix 'A'
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
S. No.
|
Categories of employees
|
Pay scales (Basic) |
Col. 4\*
|
Col. 5\*\*
|
Those who have completed 35 years but not 40 years
of age
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
Rs.
|
1000
|
1000
|
1000
|
|
|
Primary and Junior High School Stage
|
|
|
|
|
|
1.
|
Head Teachers of Junior Schools
|
55-70
|
|
|
|
|
2.
|
Trained Assistant Teachers of Junior Basic Schools
|
50-60
|
1,000
|
1,000
|
500
|
|
3.
|
Untrained Teachers of Junior Basic Schools
|
40 fixed
|
1,000
|
1,000
|
500
|
|
4.
|
Head Teachers of Senior Basic Schools
|
76-126
|
1,000
|
1,000
|
500
|
|
5.
|
Assistant Teachers of Senior Basic Schools (Except J.T.C. and
Specialist)
|
50-75
|
1,000
|
1,000
|
500
|
|
6.
|
Assistant J.T.C. Teachers of Senior Basic Schools
|
70-120
|
1,000
|
1,000
|
500
|
|
7.
|
Assistant (Specialist) Teachers of Senior Basic Schools
|
55-90
|
1,000
|
1,000
|
500
|
|
8.
|
Head Masters of J.H.S....
|
120-330
|
2,500
|
2,000
|
1,500
|
|
|
Higher Secondary Stage
|
|
|
|
|
|
1.
|
Principals (Inter. College)
|
250-775
|
...
|
3,000
|
2,500
|
|
2.
|
Head Masters (High Schools)
|
225-435
|
...
|
2,000
|
1,000
|
|
3.
|
Lecturers (Inter. Colleges)
|
175-250
|
2,500
|
2,000
|
1,000
|
|
4.
|
Assistant Teachers (L.T.)
|
120-300
|
2,500
|
2,000
|
1,000
|
|
5.
|
Assistant Teachers (C.T.)
|
75-200
|
2,000
|
1,500
|
1,000
|
|
6.
|
Assistant Teachers (J.T.C.)
|
60-120
|
1,000
|
1,000
|
500
|
|
7.
|
Assistant Teachers (H.T.C.)
|
40-65
|
1,000
|
1,000
|
500
|
|
8.
|
Head Clerks
|
75-120
|
1,000
|
1,000
|
500
|
|
9.
|
Assistant Clerks
|
60-120
|
1,000
|
1,000
|
500
|
|
|
Degree Stage
|
|
|
|
|
|
1.
|
Principals (Post-Graduate Colleges)
|
800-1,200
|
7,000
|
6,500
|
6,000
|
|
2.
|
Principals (Degree Colleges)
|
650-800
|
6,500
|
6,000
|
5,500
|
|
3.
|
Head of Departments (P.G. College)
|
395-800
|
6,000
|
5,500
|
4,500
|
|
4.
|
Head of Department (Degree Colleges)
|
300-800
|
5,500
|
5,000
|
4,500
|
|
5.
|
Senior Lecturers (P.G. Colleges)
|
325-625
|
5,000
|
4,500
|
4,000
|
|
6.
|
Senior Lecturers (Degree Colleges)
|
275-550
|
4,500
|
4,000
|
3,500
|
|
7.
|
Lecturers (P.G. Colleges)
|
250-500
|
4,000
|
3,500
|
3,000
|
|
8.
|
Lecturers (Degree Colleges)
|
225-450
|
3,500
|
3,000
|
2,500
|
|
9.
|
Lecturers (Inter Colleges)
|
175-350
|
3,000
|
2,500
|
2,000
|
|
|
Ministerial Staff
|
|
|
|
|
|
10.
|
Office Superintendent
|
250-500
|
4,000
|
3,500
|
3,000
|
|
11.
|
Office Superintendent
|
150-250
|
2,000
|
1,500
|
1,000
|
|
12.
|
Office Superintendent
|
150-200
|
2,000
|
1,500
|
1,000
|
|
13.
|
Office Superintendent
|
100-200
|
2,000
|
1,500
|
1,000
|
|
14.
|
Steno-cum-Routine Clerks
|
100-150
|
1,500
|
1,000
|
500
|
|
15.
|
Routine Clerk
|
80-125
|
1,500
|
1,000
|
500
|
|
16.
|
Routine Clerk
|
75-100
|
1,500
|
1,000
|
500
|
|
|
Training Colleges
|
|
|
|
|
|
1.
|
Principals
|
300-600
|
5,000
|
4,500
|
4,000
|
|
2.
|
Lecturers
|
300-450
|
3,500
|
3,500
|
2,500
|
|
3.
|
Clerks
|
80-125
|
1,500
|
1,000
|
500
|
\* Those who have completed 11 years but not 30 years of age.
\*\* Those who have completed 30 years but not 35 years of age.
Savings-cum-Insurance Scheme for the Teachers and Employees of State aided High and Higher Secondary Schools in Uttar Pradesh.
Procedure for Statement of Claim
### 1. A claim will arise when the insured member dies while in service reaches normal retirement age of 60 years or when the service of the member ceases otherwise, say on resignation or termination. In the event of death of a member while in service, the sum assured under one Year Renewable Group Term Assurance Plan together with the accumulated amount under the Deposit Administration Plan will become payable. In the event of retirement from service, or cessation of service only the benefit under the Deposit Administration Plan will be payable and no benefit is available under one Year Renewable Group Term Assurance Plan. ###
2. When a claim is reported, the State Government has to ensure that the person concerned was a member of the Scheme. It may be mentioned that the employees who are employed on purely temporary basis for a specified period only are not eligible for the membership of the scheme and if a claim is wrongly exported in respect of such member no benefit will be payable.
### 3. In the event of death of a member the claim under one Year Renewable Group Term Assurance Plan will be admissible only if the member was in service as on the date of death. If the death of member has occurred after cessation of his service no benefits will be available, under the One Year Renewal Group Term Assurance Plan. In case of death claims, satisfactory proof of death, such as, Certificate of Death from the Municipality or Local Authorities, extract from the Death Register or such other proof of death which may be acceptable to the State Government for settlement of other dues, like Provident Fund/Pension, should be called for. ###
4. In the case of death claims, the sum Assured payable under the One Year Renewable Group Term Assurance Plan will be determined having regard to the designation of the member as on the date of death. The Sum Assured will be, Rs. 7,500/-in the case of member designated Principals and head Masters of the State Aided High Schools and Higher Secondary Schools in Uttar Pradesh and it will be Rs. 5,000/- in the case of other members.
### 5. The benefits payable under the Deposit Administration Plan will be determined having regard to the number of contributions paid under Deposit Administration Plan in respect of the memos, reckoned from the Entry Date to the date of death, normal retirement age or cessation of service, as the case may be. In respect of members who are admitted to the scheme on the commencement date (i.e. 1st March, 1974) the first contribution would have been paid as on 1st March, 1974 itself. For subsequent entrants, the first contribution would be due on the 1st of the month following the Entry Date into the Scheme. The due date of such contribution before the claim has occurred would be the first of the month, preceding the date of occurrence of the claim event. If the event has occurred on the 1st of a month, the contribution then due would also be payable. The accumulated value of contributions under the Deposit Administration Plan includes interest up to the end of the month in which the claim has occurred and accordingly, the claim will be due for settlement only on the 1st of the month following the date of death, retirement or cessation of service, as the case may be. ###
6. On a member reaching normal retirement age or in case of cessation of his service, the Rules of the Scheme guaranteed at least return of contributions at the rate of Rs. 5.00 per month to the member. In case of member whose membership would terminate before monthly contributions are paid on their behalf, benefits payable under the scheme would be higher than the accumulated value of contributions at the rate of Rs. 3.66 per month of the Deposit Administration Plan, with interest. At the end of each policy-year, the excess of the benefits thus paid over the accumulations, would be ascertained and appropriation would be made into the Deposit Administration Plan out of the State Government's share of profits as would be determined for the Policy year.
### 7. It may be mentioned that in the case of death, the benefit payable under the Deposit Administration Plan will be only the accumulated value of contributions at the rate of Rs. 3.66 per month. Of course in case of death, the Sum Assured under the One year Renewable Group Term Assurance Plan will also be payable. ###
8. The Life Insurance Corporation will not enter into any correspondence with individual members or their beneficiaries regarding claims under the scheme.
### 9. As soon as a claim arises under the scheme a Claim Form as per Annexure in triplicate shall be filled by the claimant/beneficiary. The forms shall be submitted by the claimant/beneficiary to the Head Master/Principal under whom the member was working. ###
10. In case of claims arising out of death of member the beneficiary shall also send alongwith the Claim Form the following:
(a) Death Certificate in original (with two copies).
(b) Nomination if already filed by the deceased member (with two copies).
### 11. The Head Master/Principal, as the case may be, shall verify the claim particulars, scrutinise the death certificate and the nomination and shall after certification as per the Claim form send two copies of each document to the District Inspector of Schools of his district. ###
12. The District Inspector of Schools shall scrutinise the papers and after verifying the details from the original records available with them, shall certify the papers as per the Claim Form and shall send the original nomination and the original death certificate along with the Claim Form to the Directorate of Education, Allahabad.
### 13. The District Inspector of Schools shall each month prepare a consolidated list of claims reported to him all over the district after entering them in the Monthly Register of claims, as per Annexure II shall send the same to the L.I.C. Of India in triplicate. The District Inspector of Schools shall also fill up the discharge as pointed on the claim Register. Even if no claims are reported in a month the claim register has to be sent to the L.I.C. and the Directorate of Allahabad showing nil claims. ###
14. For expeditious settlement of claims the District Inspector of Schools may prepare this register even before obtaining the Claim Forms from the claimant/beneficiary on the basis of the information given to him by his administrative machinery in the district.
### 15. The Life Insurance Corporation on receipt of the said Monthly Claim Register shall calculate the benefit available to claimants/beneficiaries and after filling up the details as shown in the said register shall forward the cheque for the consolidated amount to the District Inspector of Schools. The L.I.C. shall send one copy of the said register to the Directorate of Education, Allahabad and one copy with the consolidated cheque to the District Inspector of Schools. ###
16. The District Inspector of Schools after receiving the consolidated Monthly cheque for claims and the Monthly Claims Register's copy shall file the Register's copy for his office record and after tallying the same with individual claim forms, shall issue cheques to the claimants/beneficiaries.
### 17. The District Inspector of Schools shall indicate the date of final settlement of claims to the claimants/beneficiaries in the remarks column of the Monthly Register of Claims at the time of issue of claims cheques to the members/beneficiaries. ###
18. The Directorate of Education shall open the file of settlement of other retrial/death benefits from the Claim Form received from the District Inspector of Schools. This shall obviate the possibilities of duplicate payment of claims. In case the Directorate discovers payment of claim in duplicate, the L.I.C. of India shall be informed immediately and procedure for recovery shall be initiated.
### 19. The L.I.C. of India shall also scrutinise the Monthly Claims Register of the past months to obviate possibilities of duplicate payment of claims .
|
65ba47a9ab84c7eca86eae3f | acts |
State of Kerala - Act
-----------------------
Muslim Personal Law (Shariat) Application (Kerala) Rules, 2018
----------------------------------------------------------------
KERALA
India
Muslim Personal Law (Shariat) Application (Kerala) Rules, 2018
================================================================
Rule MUSLIM-PERSONAL-LAW-SHARIAT-APPLICATION-KERALA-RULES-2018 of 2018
------------------------------------------------------------------------
* Published on 21 December 2018
* Commenced on 21 December 2018
Muslim Personal Law (Shariat) Application (Kerala) Rules, 2018
Published vide Notification No. G.O. (P) No. 13/2018/Law. 21st December, 2018
S. R. O. No. 920/2018. - In exercise of the powers conferred by section 4 of the Muslim Personal Law (Shariat) Application Act, 1937 (Central Act 26 of 1937), the Government of Kerala hereby make the following rules, namely:-
### 1. Short title and commencement.
(1) These rules may be called the Muslim Personal Law (Shariat) Application (Kerala) Rules, 2018.
(2) They shall come into force at once.
### 2. Definitions.
- In these rules unless the context otherwise requires,-
(a) "Act" means the Muslim Personal Law (Shariat) Application Act. 1937 (Central Act 26 of 1937);
(b) "Appellate Authority" means Additional District Magistrate having jurisdiction over a district;
(c) "Form" means the Forms appended to these rules;
(d) "prescribed authority" means Tahasildar having jurisdiction over the area wherein the party is permanently residing;
(e) "section" means a section of the Act.
### 3. Filing of declaration.
(1) Any Muslim who desires to obtain a declaration provided under section 3 of the Act may tile before the prescribed authority in Form I duly attested by a Notary Public, appended to these rules;
(2) A declaration in Form 1 shall be in writing and be filed directly to the prescribed authority.
### 4. Fee for filing declaration.
(1) The prescribed authority shall realise an amount of Rs.100 by way of fee for obtaining Certificate of declaration. The fee shall be paid either in cash or by way of treasury chalan and in the latter case the fee receipt shall be attached along with Form I. The prescribed authority shall give a cash receipt for the payment.
(2) As soon as a Form I under rule 3 has been received by the prescribed authority, he shall enter the necessary particulars in a Register kept for the purpose in Form II with number and date of receipt of the Form I and shall be countersigned by the dated signature and seal of the prescribed authority.
### 5. Enquiry on declaration.
(1) On receipt of Form I the prescribed authority shall conduct such enquiries as he may deem fit into the claim of the party as to whether he satisfies all the conditions stipulated in section 3 of the Act, within one month from the date, of receipt of the Form I.
(2) The party shall produce a Certificate obtained from the Jama-ath concerned as well as a caste certificate obtained from the revenue authorities and other sufficient evidence to prove age and competency of the party as required under section 3 of the Act and shall produce three passport size photographs to affix the same in the space provided for in Forms appended to these rules.
(3) If on enquiry, the prescribed authority satisfies that the declaration furnished by the party are true and correct, he shall issue a Certificate of Declaration in a stamp paper in Form III within 45 days from the date of receipt of Form I. The stamp paper shall be of the value of Rs. 50 and shall be produced by the party.
(4) If on enquiry, it is found that the declarant does not satisfy the requirements in section 3, the prescribed authority shall reject the declaration, after affording him an opportunity of being heard by way of an order in writing and the same shall be communicated to the party within one week from the date of such order.
### 6. Appeal.
(1) Where the prescribed authority rejects a declaration, the person desiring to make the same may appeal to the Appellate Authority having jurisdiction over the area, within thirty days from the date of receipt of the order under sub-rule (4) of rule (5).
(2) On receipt of the appeal the Appellate Authority may call for the file relating to refusal by the prescribed authority and shall dispose of the appeal within one month from the date of receipt of such appeal, after providing him an opportunity of being heard.
(3) Where the Appellate Authority is satisfied that the appellant is entitled to make such a declaration he shall so order the prescribed authority to accept the declaration and thereupon the prescribed authority shall act accordingly.
(4) An order passed by the Appellate Authority shall be communicated to the party in writing within one week from the date of order.
### 7. Attendance at Private Residence.
- Where the party seeks before the prescribed authority for the attendance at a private residence for the performance of his duties, then the prescribed authority shall attend and perform the duty accordingly at such private residence as sought for and in that event an additional fee of rupees one thousand shall be realised from the party concerned either by cash or by way of treasury chalan and a cash receipt shall be given to the party for cash payment.
### 8. Disposal of fees.
- All fees realised by the authorities under this rule shall be remitted in the Government Treasury under the receipt head of the Revenue Department.
### 9. Supply of Register Books.
- The Collector shall arrange for the supply of Folms and Registers required under these rules.
| | | |
| --- | --- | --- |
|
|
From I
|
Affix aPassport sizePhotograph
|
|
|
(See Rule 3)
|
|
|
Declaration
|
I.........................................................................S/o/D/o............................................ residing at ................................ Village ...................................Taluk ..............................District, permanently residing at .........................................................................hereby declare, affirm and state as follows:
I am (a) a Muslim,
(b) competent to contract under section 11 of Indian Contract Act, 1872,
(c) is a resident of the territory to which this Act applies;
I intend to be governed by the Muslim Personal Law on matters such as adoption, wills and legacies as specified in section 3 of the Act;
I intend to express my desire to be governed through a declaration to that effect;
I am producing herewith the following proofs to satisfy my claim under section 3 of the Act, viz:-
(a) (b)
(c) (d)
All the facts stated above are true to the best of my knowledge, information and belief.
Dated Signature of the party.
Solemnly affirmed and signed before me by the declarant who is known to me personally on this the day of.............................. at.................................................
Notary Public
| | | |
| --- | --- | --- |
|
|
From II
|
Affix aPassport sizePhotograph
|
|
|
[See Rule 4(2) ]
|
|
|
Register
|
| | | | |
| --- | --- | --- | --- |
|
1
|
Name in full (in Capital)
|
|
: ..........................................
|
|
2
|
Father's Name
|
|
: ..........................................
|
|
3
|
Mother's Name
|
|
: ..........................................
|
|
4
|
Nationality
|
|
: ..........................................
|
|
5
|
Address of the party in full:
|
|
: ..........................................
|
|
House No.
|
|
: ..........................................
|
|
Ward No.
|
|
: ..........................................
|
|
Taluk
|
|
: ..........................................
|
|
Village
|
|
: ..........................................
|
|
District
|
|
: ..........................................
|
|
Post Office
|
|
: ..........................................
|
|
e-mail ID
|
|
: ..........................................
|
|
Telephone No.
|
|
: ..........................................
|
|
6
|
Present Address of the party in full:
|
|
: ..........................................
|
|
House No.
|
|
: ..........................................
|
|
Ward No.
|
|
: ..........................................
|
|
Taluk Village District Post Office e-mail ID
Telephone No.
|
|
: ..........................................
|
|
7
|
Age and Date of Birth
|
|
: ..........................................
|
|
(Sufficient proof shall be produced)
|
|
: ..........................................
|
|
8
|
Sex
|
|
: ..........................................
|
|
9
|
Occupation
|
|
: ..........................................
|
|
10
|
Previous marital status
|
|
: ..........................................
|
|
(Married/Unmarried/
|
|
: ..........................................
|
|
Widower/Widow/Divorced)
|
|
: ..........................................
|
|
11
|
Whether any spouse is living (if yes, number of
spouse living)
|
|
: ..........................................
|
|
12
|
Details of children, if any (in case of minors,
specify)
|
|
: ..........................................
|
|
13
|
Details of descendants, if any:-
|
|
: ..........................................
|
|
Signature of the Party
|
|
Space for Office Use
|
|
|
Date of receipt of declaration
|
|
: ..........................................
|
|
Details of Documents/Records/ Proof required
under Rule 5(2) |
|
: ..........................................
|
Dated Signature with office seal of the Prescribed Authority
Form III
[See rule 5(4) ]
Government of Kerala
Certificate of Declaration\*
(to be obtained in a stamp paper)
Certificate No................/.....................
Dated........... ...................................
| | | |
| --- | --- | --- |
|
|
|
Affix aPassport sizePhotograph
|
|
|
|
|
|
|
(Office seal covering Photograph)
This is to declare that Shri/Smt........................................... S/o./D/o........................ permanently residing at............................................ ...................................Village................................Taluk, District, is a Muslim, entitled to be governed by section 3 of the Muslim Personal Law (Shariat) Application Act, 1937 for the purposes of section 3 of the said Act.
Issued under my hand and seal on this the day of..........................
Dated Signature with office sealof the Prescribed Authority.
\* This certificate is issued for the limited purpose of the Act.
|
65ba4c5aab84c7eca86eaeac | acts |
State of Kerala - Act
-----------------------
Sivagiri Mutt (Emergency Provisions) Act, 1997
------------------------------------------------
KERALA
India
Sivagiri Mutt (Emergency Provisions) Act, 1997
================================================
Act 17 of 1997
----------------
* Published on 19 February 1998
* Commenced on 19 February 1998
Sivagiri Mutt (Emergency Provisions) Act, 1997
(Act
No. 17 of 1997
)
Last Updated 28th December, 2019
[Dated 19-2-1998.]
Preamble. - An Act to provide for the taking over, in the public interest of the Management of the "Sree Narayana Dharma Sangom Trust" having Head quarters at Sivagiri Mutt, Varkala, for a limited period and for matters connected therewith or incidental thereto.
Whereas the Sree Narayana Dharma Sanghom Trust having its Headquarters at Varkala has been founded by the great reformer and Saint Sree Narayana Guru, as an institution for the propagation of a unique philosophy upholding marvel values and inspiring social reforms and a social order where there is One Caste, One Religion and One God;
And Whereas the said Trust has, in the course of time, been endowed with assets and properties situate in several parts of the State of Kerala and outside the State;
And Whereas the said Trust, besides its main activities at Varkala, is running several institutions including hospitals and educational institutions in different parts of the State of Kerala and outside the State under a deed of Trust dated 28-5-1103 ME and later under a scheme settled by the High Court of Kerala in A.S. No 14 of 1956 (K) ;
And Whereas the said Trust has been an institution commanding universal regard and attention as a sacred place of pilgrimage drawing and inspiring followers and devotees from all over India;
And Whereas there were complaints of serious misuse, non-accounting and misappropriation of funds of the Trust;
And Whereas, of late, serious disputes have arisen between those concerned with the administration of the said Trust and of its properties inter se, the beneficiaries, followers and the devotees forming themselves into fighting groups and taking sides leading to a situation where there is an atmosphere of violence, unrest and tension in Sivagiri Mutt and all other institutions governed by the Trust, seriously affecting their administration;
And Whereas proceedings under section 145 of the Code of Criminal Procedure, 1973, in regard to the possession of the Trust including Sivagiri Mutt at Varkala are in force and the Trust and its properties have passed into the possession of the receiver appointed by the District Magistrate, Thiruvananthapuram;
And Whereas the rival factions of the Sanyasins are asserting possession and control in the administration of the Trust properties even after the taking over of the possession and management of the properties of the Trust by the Receiver appointed by the District Magistrate, Thiruvananthapuram and thereby casusing breach of peace in the respective institutions;
And Whereas in view of the situation which has no arisen with regard to the management of the Trust along with all institutions owned, possessed or run by the Trust, it is necessary to take over, in the public interest, for a limited period, the management thereof and, any delay in taking over the management of the Trust would be highly detrimental to the interest and objectives of the Trust;
Be it enacted in the Forty-eighth Year of the Republic of India as follows:-
### 1. Short title and Commencement.
(1) This Act may be called the Sivagiri Mutt (Emergency Provisions) Act, 1997.
(2) It shall be deemed to have come into force on the 9th day of October, 1997.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(a) 'Administrator' means the Administrator appointed under section 5;
(b) 'appointed day' means the 9th day of October, 1997.
(c) 'Council' means the Advisory Council constituted under sub section (1) of section 6;
(d) 'prescribed' means prescribed by rules made under this Act;
(e) 'scheme' means the scheme of the Trust as settled by the High Court of Kerala in A. S. No. 14 of 1956 (K);
(f) 'Tribunal' means the Tribunal appoint under section 9;
(h) 'Trust' means the 'Sree Narayana Dharma Sanghom Trust' formulated under the scheme and includes Sivagiri Mutt and all other properties of the said Trust.
### 3. Management of the Trust to vest in Government for a limited period.
(1) On and from the appointed day the management of the Trust shall vest in the Government for a period of two years;
Provided that; if the Government is of the opinion that in order to secure the proper management of the Trust it is expedient that such management should continue to vest with Government after the expiry of the said period of two years, it may issue directions, from time to time, to extend such period of management for such further period, so, however, that the total period shall not exceed five years from the appointed day.
(2) The Trust shall be deemed to include all assets, rights, powers, privileges and all properties, hospitals, educational institutions and such other institutions are owned by, and those over which, the Trust has any right or interest.
### 4. General effect of vesting.
- Notwithstanding anything contained in any other law for the time being in force or in any deed or in any scheme or other document or instrument settled or drawn up for the regulation or administration of the Trust,-
(a) on and from the appointed day, every member of the governing body of the Trust shall cease to exercise any power of management in relation to the Trust;
(b) no resolution in relation to the Trust shall be passed at any meeting of the members in relation to any act of management, without prior sanction of the Government.
(c) no proceeding by way of right to sue for execution of the Trust, right to Trustees or for appointment of a Receiver in respect of the Trust or its properties which have vested with the Government under section 3 shall lie in any court except with the consent of the Government.
### 5. Administration of the Trust.
(1) The government shall, as from the appointed day, appoint a person or a body of persons as the Administrators for the purpose of taking over the management of the Trust and the Administrator shall carry on the management for and on behalf of the Government.
(2) The Administrator may authorise such person as he thinks fit 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, and subject to the general or special directions given or imposed by the Administrator, the person so authorised to exercise any powers of the Administrator may exercise those powers in the same manner and with the same effect as if such power had been conferred on that person directly by this Act and not by way of authorisation.
(3) If, on the appointed day, any suit, appeal or other proceeding, of whatever nature, in relation to any property which has vested in the Government under section 3, instituted or preferred by or against the Trust is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the taking over of the management of the Trust or of anything continued in this Act, but the suit, appeal, or other proceeding may be pursued, prosecuted, or enforced by or against the Government.
(4) The Government may issue such directions (including directions as to initiating, defending or continuing any legal proceedings before any courts, tribunal or other authority) to the Administrator, as to his powers and duties as the Government may deem desirable and the Administrator may apply to the Government at any time for instructions as to the manner in which he shall conduct the management of the Trust or in relation to any matter arising in the course of such management.
(5) Subject to the other provisions of this Act and to the control of the Government, the Administrator shall be entitled to exercise the powers of the Trust Board or the Executive Council or, as the case may be, of the Board of Trustees of the Trust, in relation to the management of the affairs of the Trust.
(6) All administrative expenses of the trust including the remuneration, as may be fixed by the Government, of the administrator and other persons authorised by him under sub section (2) shall be paid from the trust fund.
### 6. Advisory Council.
(1) As soon as may be after the appointed day, but not later than three months from that day, the Government shall constitute an Advisory Council to advise the Administrator in the management of the Trust.
(2) the Council may, on its own motion or on the motion by the Government or the Administrator, as the case may be, render advise on any matter concerning the management of the Trust.
(3) Every person in charge of the management of the Trust or any one of the institutions of the Trust including Mutts, temples, hospitals and educational institutions, immediately before the appointed day shall, within ten days from that day or within such further period that the Government may allow in this behalf, furnish to the Administrator a complete inventory of all properties and assets including particulars of amounts received by way of donations, offerings, fees booklets and investments forming part of, or relatable to, the Trust immediately before the appointed day and all liabilities and obligations of the Trust in force immediately before the appointed day and also all agreements entered into by the Trust in force immediately before the appointed day.
(4) In rendering advice under sub-section (2) the Council shall endeavour, to secure that-
(i) the objectives and aims of the functioning of the Trust are promoted;
(ii) harmony among the Trustees, beneficiaries and the public is promoted and a congenial atmosphere re-established in the Trust;
(iii) programmes are promoted and developed with a view to realizing the objectives envisaged in the scheme settled for the Trust.
(5) The Council shall render necessary advice to the Government for the preparation of a proper list of members who have voting rights at an election to the Trust Board, give further directions as are necessary to draw up such a list of members with specific direction as to qualification for enrolment of member from the date of previous election to the Trust Board and direction for holding a fresh election before the expiry of the term of management by the Administrator so as to enable a newly elected Trust Board to be in place when the Administrator vacates office in accordance with the provisions of this Act. The election so held to the Trust Board under this sub-section shall be under the supervision of the Council and in the event the election is approved by the Council, it shall declare such approval and publish the same, in such manner as it may deem fit, and there upon, such election shall be final and conclusive and shall not be in question in any court on any ground whatsoever.
(6) All the expenses of the Council including the allowances and remuneration of the members of the Advisory Council shall be paid from the trust fund.
### 7. Delivery and possession of properties of the Trust.
(1) Every person having, on the appointed day, in his possession or control any property forming part of, or relatable to, the Trust shall deliver forthwith such property to the Administrator or to any Officer of the Government as authorised by the Government in this behalf.
(2) Any person who has, on the appointed day, in his possession or in his control any records, papers, books or other documents relating to the Trust (including the Minute Books, Resolutions) the current cheque books, any letters, memorandum, notes and other materials related to the Trust shall, notwithstanding anything contained in any other law for the time being in force, be liable to account to the Administrator for the same.
### 8. Relinquishing of management before the specified period.
(1) If at any time, it appears to the Government that, the purpose for which the management of the Trust had been taken over has been fulfilled or that, for any other reason, it is not necessary that the management of the Trust should remain vested with the Government, it may notwithstanding anything contained in sub-section (1) of section 3 by order published in the Gazette, relinquish the management with effect from such date as specified in the order.
(2) On and from the date specified in the order made under sub-section (1), the management of the property forming part of, or relatable to, the Trust shall vest in the Trust Board of the Trust and such management shall, be carried on in accordance with the provisions of the scheme. All orders made, and actions taken by the Administrator shall continue as if such orders were passed and action taken by the Trust Board in accordance with the scheme.
### 9. Tribunal.
(1) If any dispute arises concerning the right, title and interest including the right to possession in regard to any property relatable of the Trust or in respect of which the Administrator takes over possession or claims or take over possession under the powers conferred by this Act, such dispute shall be resolved by the decision of the Tribunal to be constituted under this Act.
(2) The Tribunal under sub-section (1) shall be a person who has been a Judge of a High Court and shall be appointed by the Government on such terms and conditions as may be prescribed.
(3) The decision of the Tribunal shall be valid and binding on the parties as if it is a decree passed by a Civil Court.
(4) The Trustees, beneficiaries or any other person substantially interested in matters concerning the Trust, or the Government, may move the Tribunal for resolving any dispute.
(5) The Tribunal shall, for the purpose of resolving any dispute under this section, have the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely: -
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery, inspection and production of documents;
(c) recording evidence on oath, requisitioning any public record from any court or office;
(d) issuing commissions for the examination of witnesses or document;
(e) such other matters as may be prescribed.
(6) The Tribunal shall have powers to regulate its own procedure and hold sittings at place or places as desired by it.
(7) All expenses incurred by the Tribunal shall be paid out of the Consolidated Fund of the State.
### 10. Appeal.
- Any person aggrieved by the decision of the Tribunal may, within thirty days from the date of such decision, prefer an appeal to the High Court and such appeal shall be heard and disposed of by a Bench consisting of not less than two Judges of the High Court.
### 11. Act to have overriding effect.
- The provisions of this Act or any notification, order or rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any law other than this Act or in any instrument having effect by virtue of any law other than this act or in any decree or order of any Court.
### 12. Protection of action taken in good faith.
(1) No suit, prosecution or other legal proceedings shall lie against the Government or any officer or other employee of the Government or the Administrator or any person authorised under sub-section (2) of section 5 by the Administrator for anything which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceedings shall lie against the Government or any officer or other employee of the Government or the Administrator or any other person authorised under sub-section (2) of section 5 by the Administrator 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.
### 13. Penalties.
- Any person who-
(a) having in his possession or custody or control any asset or property forming part of, or relatable to, the Trust wrongfully withholds such property from the Administrator or any person authorised by him under this Act, or
(b) wrongfully obtains possession of any such asset or property forming part of, or relatable to, the Trust; or
(c) wilfully retains any asset or property forming part of, or relatable to, the Trust or removes or destroys it; or
(d) wilfully withholds or fails to deliver any books, papers or other documents relatable to the Trust which may be in his possession or custody or under his control to the Administrator or any person authorised by him under this Act; or
(e) fails, without any reasonable cause, to furnish any inventory of properties and assets as provided in section 6, shall on conviction, 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.
### 14. Power to make rules.
(1) The Government may, by notification in the Gazette, make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the term of office of the method of filling casual vacancies among, and the allowances and other remuneration, if any, payable to, the members of the Advisory Council under section 6;
(b) the additional matters in respect of which the Tribunal shall have the powers of a Civil Court under, clause (e) of sub-section (5) of section 9; and
(c) any other matter which is required to be, or may be, prescribed or in respect of which rules may be made, under this Act.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen 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 makes any modification in the rule or decides 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.
### 15. Repeal and saving.
(1) The Sivagiri Mutt (Emergency Provisions) Ordinance, 1997 (15 of 1997) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
|
65ba74d4ab84c7eca86eb6fa | acts |
Union of India - Act
----------------------
The Indian Rifles (Repeal) Act, 2005
--------------------------------------
UNION OF INDIA
India
The Indian Rifles (Repeal) Act, 2005
======================================
Act 49 of 2006
----------------
* Published in Gazette 49 on 17 December 2006
* Assented to on 17 December 2006
* Commenced on 17 December 2006
The Indian Rifles (Repeal) Act, 2005
Act No. 49 of 2006
[17th December, 2006.]
An Act to repeal the Indian Rifles Act, 1920.
BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:--
### 1. Short title.—
This Act may be called the Indian Rifles (Repeal) Act, 2006.
### 2. Repeal of Act 23 of 1920. —
The Indian Rifles Act, 1920 is hereby repealed.
|
65ba86f8ab84c7eca86ebece | acts |
Union of India - Act
----------------------
Paradip Port Harbour Craft Rules 1967
---------------------------------------
UNION OF INDIA
India
Paradip Port Harbour Craft Rules 1967
=======================================
Rule PARADIP-PORT-HARBOUR-CRAFT-RULES-1967 of 1967
----------------------------------------------------
* Published on 24 June 1967
* Commenced on 24 June 1967
Paradip Port Harbour Craft Rules 1967
Published vide Notification Gaztte of India, 1967, Part 2, Section 3(i) , page 1115
### 2018. G.S.R 980, dated 24th June, 1967 - 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 Harbour Craft Rules for the port of Paradip the same having been previously published as required by sub-section (2) of the said section 6, namely:-
### 1. Short-title and application
(1) These rules may be called the Paradip Port harbour Craft Rules, 1967.
(2) They shall apply to the port of Paradip.
### 2. Definitions
- In these rules, unless the context otherwise, requires:
(a) "Deputy Conservator" means the Deputy Conservator, Paradip Port ;
(b) "Form" means a form appended to these rules ;
(c) "Harbour Craft" means any catamaran plying for hire or any flat or cargo, passenger or other boat plying whether for hire or not and whether power driven or not and whether plying regularly or only occasionally, or partly within and partly without the port.
(d) "Inner Harbour" means that part of the port which lies North, North-East and North-West of Coordinate +2 and includes the Turning Basin, Ore Berth Arm and any future Arm Dredged and developed from time to time.
(e) "Licensed harbour craft" means any harbour craft licensed under these rules ;
(f) "Motor boat" means any power-driven harbour craft propelled wholly or in part by any form of electrical or mechanical power other than steam ;
(g) "Outer Harbour" means that part of the Approach and Entrance Channels which lies between Co-ordinate +2 and CO-ordinate (--40);
(h) "Owner" used in relation to a harbour craft includes any part owner, agent or mortgage in possession thereof.
(i) "Port means the port of Paradip ;
(j) "Roads" means that part of the port which lies to seaward of the line drawn across the Approach channel at Co-ordinate--1200.
(k) "Servant" used in relation to owner includes the tindal or any boatman:
(j) "Steam-boat" means any harbour craft propelled wholly or in part by steam power;
(m) "Tindal" includes any person in charge of a harbour craft.
### 3. Harbour craft to be licensed
- No person shall, whether as owner, tindal or servant use any harbour craft to carry goods, or passengers, to or from, any vessel at the port or from place to place within the port unless the harbour craft has been duly licensed under these rules. A harbour craft licensed to ply between ship and shore may also ply from place to place within the port without a separate licence.
Provided that nothing in this rule shall apply to-
(a) any boat forming part of the equipment of a ship or a steamer;
(b) any harbour craft maintained solely for purposes of pleasure;
(c) any boat belonging to the port ;
Provided further that the Deputy Conservator may, if he thinks fit, require any boat or harbour craft referred to in clause (a) or clause (b) to be licensed under these rules,
### 4. Licensing of Harbour Craft
(1) Every application for the licensing of a harbour craft under rule 3 shall be made to the Deputy Conservator in writing and shall contain the following particulars namely :-
(a) the owner's name and address in full and if the owner is a minor it shall contain the name and address of his guardian ;
(b) the name and address of he agent, if any, duly authorised by the owner to act on his behalf,
(c) the name of the tindal whom the owner proposes to place in charge of the harbour craft ; and
(d) the nature of the licence required, that is to say whether it is required, for a passenger boat or for a cargo boat, or for any other purpose ;
(e) the details of the harbour craft in respect of its measurements, gross tonnage and other relevant particulars,
(2) On receiving an application for licence under sub rule (1), the Deputy Conservator shall survey and measure the harbour craft, or cause it to be surveyed and measured in the presence of the owner or any person duly appointed for the purpose by such owner, and grant a licence in Form A on payment of the fees specified in rule 28 and on being satisfied that the harbour craft is seaworthy and fit for service at the port, or upon the production of certificate in writing from the officer who surveyed the harbour craft certifying--
(a) that such harbour craft is seaworthy, properly equipped and suited for the purpose for which the licence is required.
(b) the number of passengers that such harbour craft is capable of carrying under all conditions.
(c) the number of crew required for the safe navigation of such harbour craft,
(d) that the equipment of such harbour craft is in good order and condition.
(3) For purpose of the survey and measurement specified in sub-rule (2) the owner shall cause the harbour craft to be brought to such place as the Deputy Conservator may appoint.
(4) Subject to the provisions of these rules, all licences in Form A shall be issued for the financial year ending on the 31st March.
### 5. Minor or Female Owners
- If the owner of a harbour craft is a minor, the licence may be obtained by the guardian of the minor. If the owner is an woman, who according to the customs of the country does not appear in public, the licence may be obtained on her behalf by her duly authorised agent. In such cases the guardian or the agent as the case may be shall be deemed to be the owner for the purposes of these rules.
### 6. Licence, Rules, etc, to be produced when demanded
(1) The licence of every harbour craft shall be kept in the possession of the tindal. Who shall produce the licence whenever called upon to do so by the Deputy Conservator or by any person duly authorised by the Deputy Conservator in that behalf.
(2) A copy of these rules and of any written directions issued by the Deputy Conservator in respect of their implementation shall also be furnished by the owner to the tindal who shall, on demand, show them to any hirer or consignor of, or passenger in such harbour craft. The owner shall be responsible for ensuring that the tindal understands the provisions of these rules and directions and for obtaining a declaration from him to that effect and producing the same whenever required by the Deputy Conservator.
### 7. Distinctive numbering of licensed harbour craft
(1) The owner of licensed harbour craft shall paint or cause to be painted upon a black background, in white or upon a light black-ground in black English and Hindi figures not less than six inches in length, on a conspicuous part of the bow of such harbour craft on one side, and on the quarter of the other, the number of the harbour craft as mentioned in the licence.
(2) No person shall paint or cause to be painted upon any harbour craft not duly licensed under rule 4, any such number as aforesaid or any other mark likely to induce the belief that such harbour craft has been so licensed.
### 8. Change of ownership or control of licensed harbour craft
- When the holder of a licence in From A transfers the ownership of the harbour craft to another person, the licence shall cease to be valid on the expiry of six days from the date of such transfer. Where such holder mortgages the harbour craft to, or places it under the control of another person, the licence shall cease to be valid on the of six days from the date of such mortgage or placing unless an endorsement on the licence is made by the Deputy Conservator to the effect that notwithstanding such transfer or placing, the licence shall continue to be valid.
### 9. Changes in crew or carrying capacity of licensed harbour craft to be reported
(a) Whenever any alteration in a licensed harbour craft is made so as to affect any of the particulars contained in the license granted to it, such alteration shall forthwith be reported by its owner to the Deputy Conservator.
Provided that, if such alteration takes place at a time when the harbour craft is away from the port, it may be reported immediately on the return of the harbour craft to the port.
(b) In the case of a change of tindal or of any alteration in the harbour craft not affecting its carrying capacity the harbour craft shall not ply until such report is made and in the case of change of tindal until the tindal had also been produced before the Deputy Conservator. On such report or on such report and production, as the case may be, the Deputy Conservator shall amend the original licence held by the owner and in the case of change of tindal, the register kept under rule 10 shall also be amended.
(c) In the case of any alteration in the harbour craft affecting its carrying capacity, the original licence held by the owner shall be cancelled and a fresh licence shall be issued by the Deputy Conservator after the harbour craft has been remeasured, and it shall not ply until such fresh licence has been issued.
### 10. Registration of Tindals
(1) At the time of licensing of any harbour craft under rule 4, the name of its tindal as entered in the licence and other particulars exlating to him shall be entered in a register which shall be kept by the Deputy Conservator in Form B.
(2) Every year in the month of March on a date to be fixed by the Deputy Conservator the owner of every licensed harbour craft shall produce before the Deputy Conservator the tindal of the harbour craft for verifying the correctness of the entries in the register.
Provided that if such harbour craft is away from the port on the date so fixed, the owner shall produce the tindal within 24 hours after its return.
(3) No person shall be employed or registered as a tindal of a licenced harbour craft if he-
(a) is not a certificated officer qualified to be the Master or Engineer of such harbour craft in accordance with rule 29,
(b) is in the opinion of the Deputy Conservator unaccustomed to the use of such harbour craft or otherwise inefficient.
### 11. Annual and Special Inspection of Licenced Harbour Craft and Crew
- On or before the expiry of the licence, the owner of every licensed harbour craft shall produce it together with its licence for inspection to the Deputy Conservator of such place as he may appoint for the purpose. In addition to such inspection, special or partial inspections may be held by the Deputy Conservator or by any person duly authorised by him at such times as the Deputy Conservator may consider necessary. At all inspections under this rule, each harbour craft shall have its full complement of crew and equipment.
### 12. Repairs of Licensed Harbour Craft ordered for Inspection
(1) The owner of every licenced harbour craft shall execute such repairs thereto as the inspecting officer referred to in rule 11 may direct in order to render it efficient and no owner or any of his persons shall use any such harbour craft or cause or permit it to be used until such repairs have been duly executed and the Deputy Conservator has granted permission for its use. For the purpose of such repairs, the owner shall cause the harbour craft to be hauled up only to such place or places on the forshore as the Deputy Conservator may from time to time direct.
(2) All major repairs to the boiler, machinery or hull of a licenced harbour craft shall be carried out under the supervision of an Engineer and Ship Surveyor, appointed by the Deputy Conservator. The Master or the owner of such craft shall before the commencement of the repairs, pay to the Deputy Conservator a sum sufficient to cover the fees and other expenses of such Engineer and Ship Surveyor.
Explanation - For the purpose of this sub-rule, the decision of the Deputy Conservator as to whether a particular work should be regarded as a major repair or not shall be final.
(3) The fees referred to in sub rule (2) shall be calculated on the following scale, namely-
| | |
| --- | --- |
|
Scale
of Fees
|
Rupees
|
|
(i) For every vessel the gross tonnage of which does not exceed 25
tons.
|
60
|
|
(ii) For every vessel the gross tonnage of which exceeds 25 tons and
does not exceed 50 tons.
|
75
|
|
(iii) For every vessel the gross tonnage of which exceeds 50 tons but
does not exceed 75 tons.
|
90
|
|
(iv) For every vessel the gross tonnage of which exceeds 75 tons but
does not exceed 100 tons.
|
105
|
|
(v) For every vessel the gross tonnage of which exceeds 100 tons but
does not exceed 300 tons.
|
120
|
|
(vi) For every vessel the gross tonnage of which exceeds 300 tons but
does not exceed 600 tons.
|
135
|
|
(vii) For every vessel the gross tonnage of which exceeds 600 tons but
does not exceed 900 tons.
|
150
|
|
(viii) For every vessel the gross tonnage of which exceeds 900 tons but
does not exceed 1,200 tons.
|
180
|
|
(ix) For every vessel the gross tonnage of which exceeds 1,200 tons.
|
180
|
|
|
Plus
Rs 30 for every 300 tons or part there of in excess of
1,200
tons.
|
(4) The expenses referred to in sub-rule (2) shall be determined in accordance with general or specific instructions of the Central Government in this behalf.
### 13. Control of working of licensed Harbour Craft
(1) The owner shall provide every licensed harbour craft with such crew and equipment as may be determined by the Deputy Conservator and entered in the licence. The tindal of the harbour craft shall not have board more or less than the number of the crew specified in the licence for fine or rough weather according as the harbour craft plies in fine or rough weather and shall not carry passengers or goods in excess of the number or quantity entered in the licence for the harbour craft.
(2) Every licensed harbour craft plying within the port shall carry such number of life-buoys as may be considered reasonable by the Deputy Conservator and of a type approved by him. Every such harbour craft shall carry in addition. Such buoyant apparatus as may be considered necessary by the Deputy Conservator. All such buoys and buoyant apparatus carried in the harbour craft shall be stowed to the satisfaction of the Deputy Conservator and so as to be readily accessible to the persons on board.
(3) Every harbour craft licensed for the carriage of passengers shall be so fitted that sufficient sitting space is available for each passenger and awnings and side weather screen shall also be provided, where necessary, to give protection to passengers from sun and weather respectively.
(4) The Deputy Conservator shall exercise his discretion in fixing the number of crew required in a licensed harbour craft plying within the port and carrying passengers.
(5) Where the owner of a licensed harbour craft does not desire to carry the full complement of passengers, or is not prepared, or considers it impracticable to carry the prescribed life saving appliances, the Deputy Conservator may limit the number of passengers according and endorse the licence to the effect.
### 14. Obstructing port traffic
(1) No tindal or any member of the crew serving in any licensed harbour craft shall obstruct or hinder the loading, discharging of service of such harbour craft, or of any other licensed harbour craft, or obstruct hinder any vessel working in the port.
(2) No tindal shall permit any licensed harbour craft in his charge to obstruct the free navigation of the port or the approaches to wharves or jetties.
### 15. Compliance with the provision regarding prevention of collisions at sea-observance of the Merchant Shipping ( Prevention of collision at sea.) Regulations, 1965
- All licensed harbour crafts, when under way, shall comply with the provisions of the Merchant shipping (Prevention of collisions at sea.) Regulation, 1965.
### 16. Refusal to ply without lawful excuse
- If the owner or the tindal in charge of a licensed harbour craft plying regularly for hire refuses to ply for hire when required to do so without reasonable excuse, of which the Deputy Conservator shall, subject to the appeal provided in Rule 27, be the sole deciding authority, the licence of such harbour craft shall be liable to be revoked.
### 17. Working of the licensed harbour craft at night and in bad weather
(a) No licensed harbour craft shall ply in the outer roads-
(i) between the hours of 6 P.M. and 6. A.M. without the previous permission of the Deputy Conservator.
(ii) when a storm warning signal indicating bad weather or high seas is displayed from the port flagstaff.
(b) When the signal referred to in sub-clause (ii) of clause (a) is hoisted at the port flagstaff, all the harbour craft plying in the outer road shall return to the Inner harbour at once and shall not proceed again to the outer roads without the special permission of the Deputy Conservator until the signal is hauled down.
### 18. Permissible loading of licensed harbour craft in fine and rough Weather
(1) No person shall load a licensed harbour craft with passengers or with animals or other cargo in contravention of the terms of its licence.
(2) No tindal of any licensed harbour craft shall permit any animal to be loaded in it, unless the harbour craft has been provided with sand ballast or straw sufficient to form a flat floor and unless such other requirements as may be imposed by the Deputy Conservator in respect of the harbour craft, have been complied with.
(3) Where animals are carried in a licensed harbour craft, no other cargo or passenger shall be carried therein.
(4) Passengers and cargo other than animals may be carried at the same time only in a licensed harbour craft propelled by mechanical or electrical power.
### 19. Power of tindal to prevent overloading
- Whenever the number of passengers or the quantity of cargo in a licensed harbour craft exceeds the number of quantity entered in the licence the tindal shall before starting from the vessel or from the shore, require any passenger to leave the harbour craft or any consignee, or shipping or landing agent concerned to remove from the harbour craft the whole or any part of the cargo.
### 20. Attention to certain signals required of tindals
- The owner of every licensed harbour craft shall instruct the tindal of such harbour craft to pay immediate attention to the harbour craft master flag, square blue flag with four parallel red bars running crosswise which will be displayed on the port flag-staff when the Deputy Conservator desires to carry out an inspection under Rule 11.
### 21. Licensed Harbour Crafts not to interfere with mooring or Approaching Vessels before the anchor
- No person in charge of or navigating any licensed harbour craft shall attempt to make such harbour craft to any mooring or mark buoy, or take it alongside of a vessel approaching anchorage or mooring before such vessel has come to anchor or moored to a buoy.
### 22. Fishing Boats not to be allowed near a Cargo Boat or alongside Vessel
(1) No person in charge of or navigating a licensed cargo boat shall allow a fishing boat to be within ten yards of her when such cargo boat is plying between a vessel and the shore.
(2) No person in charge of or navigating a fishing boat shall allow it to go alongside a vessel while discharge or shipping of cargo is proceeding.
(3) If any licensed harbour craft is found by the Deputy Conservator to have contravened the provisions of sub-rule (1) or (2) the Deputy Conservator may--
(a) cancel the license issued in respect of the harbour craft,
(b) direct that the tindal at fault shall not be employed in any capacity in any licensed harbour craft and that his name shall be removed from the register of tindals,
(4) If any owner employs such tindal contrary to the directions of the Deputy Conservator, given under clause (b) of sub-rule (3), the Deputy Conservator, may cancel all or any of the licences held by the said owner.
### 23. Landing and shipping of Passengers and goods to be within the Port
- All passengers and goods shall be landed or shipped in such place within the limits of the port as the Conservator may appoint and no person, shall ship or land passengers or goods outside such places unless the sanction of the port and officers of customs at the port has previously been obtained.
### 24. Rates of Harbour Craft Hire
- No owner, tindal or any member of the crew of licensed harbour craft licensed to carry passengers for hire and no person deputed by the owner of such harbour craft, shall demand from any passenger hire charges exceeding that sanctioned by the Central Government and no owner, tindal or member of the crew of such harbour craft shall demand or accept any gratuity or present from any passenger during the course of its trip between any vessel and the shore or from place to place whether within or without the port.
### 25. Prohibition of Employment of convicted Tindal etc
- If the tindal or any member of the crew of a licensed harbour craft is convicted for a breach of any of the provisions of these rules, the owner of the harbour craft shall; on being required so to do by the Deputy Conservator; dismiss such tindal or member of the crew from his employment.
### 26. Revocation of licences
- If, in the opinion of the Deputy Conservator; the owner of any licensed harbour craft has contravened any of the provisions of this rules, he may without prejudice to any other action that may be taken against such owner in respect of the contravention, cancel all or any of the licences held by the owner.
### 27. Appeal from Deputy Conservator's Decision
- An appeal shall lie from any decision of the Deputy Conservator under these rules, to the Conservator of the port. Such appeal shall be preferred in writing within seven days from the date on which the decision of the Deputy Conservator appealed against has been communicated in writing to the party or parties concerned, and the decision of the Conservator thereon shall be final.
### 28. Fees
- The following fees shall be leviable for survey, licensing inspection of the harbour crafts.
| | | | | |
| --- | --- | --- | --- | --- |
|
Service
rendered
|
Boats
other than canoes and Shoedhonies
|
Canoes
and Shoedhonies
|
Catamarans
|
Power
driven craft
|
|
1
|
2
|
3
|
4
|
5
|
|
|
Rs.
|
Rs.
|
Rs.
|
Rs.
|
|
(i) Issue of licence
|
2
|
1
|
1
|
25
|
|
(ii) Amendment of the licence or transfer of licence in favour of
another person.
|
1
|
1
|
1
|
1
|
|
(iii) grant of duplicate licence when the original is lost, mislaid or
rendered illegible.
|
2
|
1
|
1
|
2
|
|
(iv) Registration of Tindal.
|
1
|
1
|
1
|
1
|
|
(v) Amendment to registration of Tindal
|
1
|
1
|
1
|
1
|
|
(vi) For each survey and measurement.
|
5
|
2
|
2
|
50
|
|
(vii) Annual inspection
|
3
|
1
|
1
|
50
|
|
(viii) Special inspection
|
3
|
1
|
1
|
50
|
### 29. Special provisions applicable to steam boats and motor boats licensed under these rules
(1) Every steam boat licensed under these rules shall while plying for hire or otherwise, have on board the following certificated officers-
(i) if she has engines of not less than 100 N.H.P.-
(a) as her master, a person possessing a First Class Master's Certificate granted under the Inland Steam Vessels Act, 1917 (
1 of 1917
) or a Master's Certificate or master's Certificate of competency granted under the Merchant Shipping Act. 1958 (44 of 1958), or under such regulations as the Central Government may from time to time specify, and
(b) as her engineer a person possessing an Engineer's Certificate granted under any of the aforesaid Acts or Regulations:
(ii) if she has engines of less than 100 N.H.P. but not less than 40
N.H.P-
(a) as her master, a person possessing a Second Class Master's Certificate granted under the Inland Steam Vessel Act, 1917 (
1 of 1917
) or any such certificate as is referred to in sub clause (a) of clause (i), and
(b) As her engineers, a person possessing a First Class Engine Driver's Certificate granted under the Inland Steam Vessels Act, 1917 ( 1 of 1917) or an Engine Driver's Certificate granted under the Merchant Shipping Act; 1958 (44 of 1958) or under such regulations as the Central Government may, from time to time specify or any such certificate as is referred to in sub-clause (b) of clause (i) :
Provided that a boat shall be deemed to have complied with this clause, if she has a person possessing both the certificates referred to in sub-clause (a) , and sub clause (b); and
(iii) If she has engines of less than 40 N.H.P.-
(a) as her master, a person possessing a Serang's Certificate granted under the Inland Steam Vessels Act, 1917 (
1 of 1917
) or any such certificate as is referred to in sub-clause (a) of clause (ii) : and
(b) as her engineer, a person possessing a Second Class Engine Driver's Certificate granted under the Inland Steam Vessels Act, 1917 (
1 of 1917
) or any such certificate as is referred to in sub-clause (b) of clause (ii) :
Provided that a boat shall be deemed to have complied with this clause, if she has a person possessing both the certificate referred to in sub-clause (a) , and sub clause (b).
### 2. Every motor boat licensed under these rules shall, while plying for hire or otherwise have on board the following certificated officers :- (i) if she has engines of not less than 565 B.H.P.-
(a) as her engineer, a person possessing a Motor Engineer's Certificate granted under the Inland Steam Vessels Act, 1917 (
1 of 1917
) or a certificate as a First Class or Second Class Engineer of a seagoing motor ship granted under the Merchant Shipping Act, 1958 (
44 of 1958
) or under such regulations as the Central Government may from time to time specify.
(b) as her master, a person possessing a First Class Master's Certificate granted under the Inland Steam Vessels Act, 1917 (
1 of 1917
), or a Master's Certificate of competency granted under the Merchant shipping Act, 1958 (
44 of 1958
) or under such regulations as the Central Government may from time to time specify.
(ii) If she has engines of less than 565 B.H.P. but not less than 226
B.H.P.:-
(a) as her engineer, a person possessing a First Class Motor Engine Driver's Certificate granted under the Inland Steam Vessels Act, 1917 (
1 of 1917
), or a certificate of an engine driver of a sea-going motor ship granted under the Merchant Shipping Act, 1958 (
44 of 1958
) or under such regulations as the Central Government may from time to time specify or any such certificate as is referred to in sub-clause (a) of clause (i); and
(b) In case the engines are used for propulsion, as her master a person possessing a Second Class Master's Certificate granted under the Inland Steam Vessels Act, 1917 (
1 of 1917
), or any such certificate as is referred to in sub-clause (b) of clause (i), and
(iii) if she has engines of less than 226 B.H.P.-
(a) as her engineer, a person possessing a Second Class Motor Engine-Driver's Certificate granted under the Inland Steam Vessels Act, 1917 (
1 of 1917
), or any such certificate as is referred to in sub clause (a) of clause (ii) and
(b) in case the engines are used for propulsion, as her master, a person possessing a Serang's Certificate granted under the Inland Steam Vessels Act 1917 (
1 of 1917
) or any such certificate as is referred to in sub clause (b) of clause (ii).
Provided that a motor boat having engines of not more than 40 B.H.P. may have as her engineer a person holding a permit granted by the Central Government or by any person duly authorised by the Central Government in this behalf :
Provided further that a motor boat having engines of not more than 20 B.H.P. the length of which measured from the fore part of the steam to the after part of the steam post does not exceed 30 feet may have as her master and engineer a person possessing both the certificates referred to in sub-clause (a) and sub-clause (b) :
Provided also that a motor boat having engines of not more than 20 B.H.P. the length of which measured as aforesaid does not exceed 30 feet, which is used exclusively for personal recreation by the owner or his family or friends need not carry a certificated master or engineer but may be navigated by the owner or any other person possessing a permit granted by the Central Government or by any person duly authorised by the Central Government in this behalf.
(3) Any person who has served as master, serang, engineer or engine driver of a steam boat or motor boat plying in the port a period of two years on the 1st April 1966 but is not in possession of the certificate of competency required under sub rule (1) or sub rule (2) as the case may be, may be granted, in the case of the Master or Serang by the Deputy Conservator and in the case of Engineer or Engine Driver by the Superintendent, Mechanical, a certificate to the effect that he is, by reason of his having so served, competent to act as master, serang, engineer or engine-driver as the case may be, on board such steam boat or motor boat while plying in the port without examination, on payment of the fees set out below :
| | |
| --- | --- |
|
|
Rs.
|
|
First
Class Master’s Certificate
|
16
|
|
Second
Class Master’s Certificate
|
6
|
|
Serang’s
Certificate
|
4
|
|
Second
Class Engine-Driver’s or Second Class Motor Engine-Driver’s
Certificate.
|
4
|
|
First
Class Engine-Driver’s or First Class Motor Engine-Driver’s
Certificate.
|
10
|
|
Engineer’s
or Motor Engineer’s Certificate.
|
12
|
(4) The Central Government may in special circumstances--
(a) exempt any class of steam boats or motor boats from the requirement of sub-rule (1) or sub-rule (2), as the case may be.
(b) lay down the qualifications required for the officers employed on such boats.
### 30. (1) Every motor boat licensed under these rules shall be provided with a sand box and an approved patent fire extinguisher of suitable capacity for extinguishing fire and the owner shall keep it free from oil refuse.
(2) Noisy engines of all motor boats licensed under these rules while plying within the port shall be fitted with efficient silencers.
### 31. Sinking of Licensed Harbour Craft
- The owner of any licensed harbour craft which has been sunk within the port area shall forthwith report the fact of such sinking and the place where it occurred to the Deputy Conservator.
Form - A
[See rule 4(2) ]
Licence granted to .................. owner of boat measuring ..................feet long ........................feet broad and ..................feet deep ..................registered tons, to carry cargo (other than animals and/ or passengers or animals to the extent specified below, to and from ships at or off the port of Paradip under the restrictions and subject to the Penalties laid down in the Paradip Port Harbour Craft Rules, 1967.
| | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
|
|
|
|
|
Cargo
without passengers
|
|
Particulars
respecting the owners or owners of the boat
|
Particulars
respecting to tindal of the boat
|
|
|
|
Date
of Registry
|
Name,
Number and description of Harbour Craft
|
Rig.
and equipment
|
When
built and where
|
When
repaired last and in what condition
|
Number
of animals and presumed weight
|
Weight
of cargo other than animals
|
Number
of passeenger with-out cargo
|
Number
of crew
|
Name
or names
|
Occupation
|
Place
or places of residence
|
Name
|
Place
of residence
|
Period
for which the licences to be in force
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
|
|
|
|
|
|
In
fine weather
|
In
fine weather
|
In
fine weather
|
In
fine weather Tindal Lascars
|
|
|
|
|
|
|
|
|
|
|
|
|
|
In
rough weather
|
In
rough weather
|
In
rough weather
|
In
rough weather
Tindal
Lascar
|
|
|
|
|
|
|
|
|
Date.................................
Note
- …...........................
|
|
|
|
|
|
|
|
|
|
|
|
Registrating
Officer
|
Extended to .................................................................................
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Endorsement to change of Tindal
Form B
[See Rule 10]
Register showing the names, ages, places of residence and signature/thumb impression of tindals employed in the port of Paradip for the year 19............
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Date
of Registry
|
Number
of Harbour Craft
|
Name
|
Age
|
Place
of Residence
|
Signature
/ Thumb impression (in case of illiterate)
|
Remarks
|
|
|
|
|
Years
/ Months / Days
|
|
|
|
|
|
|
|
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65b90869ab84c7eca86e82cf | acts |
State of Sikkim - Act
-----------------------
The Sikkim Police (Repealing) Act, 1978
-----------------------------------------
SIKKIM
India
The Sikkim Police (Repealing) Act, 1978
=========================================
Act 8 of 1978
---------------
* Published in Gazette 8 on 27 January 2017
* Assented to on 27 January 2017
* Commenced on 27 January 2017
The Sikkim Police (Repealing) Act, 1978
ACT NO. 8 OF 1978
AN ACT to repeal the Sikkim Police Act, 1969.
WHEREAS it is expedient to have the Police Act, 1861, extended to and enforced in the State of Sikkim;
AND WHEREAS it is necessary to repeal the Sikkim Police Act, 1969, immediately with the extension and enforcement of the Police Act, 1861 in the State of Sikkim.
It is hereby enacted by the Legislature of the State of Sikkim in the Twenty-ninth Year of the Republic of India as follows:
### 1. Short title and extent.
(1) This Act may be called The Sikkim Police (Repealing) Act, 1978;
(2) It extends to the whole of Sikkim.
### 2. Repeal of the Sikkim Police Act, 1969.
On and immediately with effect from the extension to and enforcement in the State of Sikkim of the Police Act, 1861, the Sikkim Police Act, 1969, shall stand repealed and the entire Police establishment constituted under the Sikkim Police Act, 1969 shall be deemed to be constituted under the provisions of the Police Act, 1861.
### 3. Savings.
Notwithstanding the repeal of the Sikkim Police Act, 1969, the repeal shall not
(a) affect the previous operation of the said Act, or anything duly done or suffered thereunder; or
(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under the said Act; or
(c) affect any penalty, forfeiture or punishment incurred under the said Act; or
(d) affect 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, mentioned or enforced and such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
|
65ba852cab84c7eca86ebe05 | acts |
Union of India - Act
----------------------
State Bank of India Employees Provident Fund Regulations, 2015
----------------------------------------------------------------
UNION OF INDIA
India
State Bank of India Employees Provident Fund Regulations, 2015
================================================================
Rule STATE-BANK-OF-INDIA-EMPLOYEES-PROVIDENT-FUND-REGULATIONS-2015 of 2015
----------------------------------------------------------------------------
* Published on 20 August 2015
* Commenced on 20 August 2015
State Bank of India Employees Provident Fund Regulations, 2015
Published vide Notification No. CDO/PM/SM/16/SPL/1042, dated 20th August, 2015
Last Updated 3rd June, 2019
Ministry of Finance
(Department of Financial Services)
(State Bank of India)
No. CDO/PM/SM/16/SPL/1042. - In exercise of the powers conferred by clause (o) of sub-section (2) of Section 50 of the State Bank of India Act, (23 of 1955), and in supersession of the State Bank of India Employees' Provident Fund Rules - 1955, except as respects things done or omitted to be done before such supersession, the Central Board of the State Bank of India, after consultation with the Reserve Bank of India and with the previous sanction of the Central Government, hereby make the following regulations for the establishment and maintenance of a provident fund for the benefit of the employees of the Bank, namely:-
### 1. Short title and commencement.
(1) These regulations may be called the State Bank of India Employees' Provident Fund Regulations, 2015.
(2) Save as otherwise provided, these regulations shall come into force from the date of their publication in the Official Gazette.
### 2. Definitions.
(1) In these regulations, unless the context otherwise requires,-
(a) "Act" means the State Bank of India Act, 1955 (23 of 1955);
(b) "Bank" means the State Bank of India;
(c) "Board of Trustees" means the Board of Trustees referred to in regulation 3;
(d) "Form" means the Form appended to the regulations;
(e) "Fund" means the State Bank of India Employees' Provident Fund setup to provide every employee who is a Member with a sum of money, the amount of which will be ascertained according to these regulations;
(f) "Member" means any person in the service of the Bank who has been admitted to the membership of the fund;
(g) "Provident Fund" means the sum of money which will be ascertained according to these regulations on termination of the member's service with the Bank;
(h) "Salary" means the substantive or basic pay plus personal and acting allowances, if any but does not include any other allowance, or any other bonus, commission or any other remuneration or profit:
Provided that in respect of the period from the 1st January, 1962 to 31st July, 1966, salary shall mean -
(A) in the case of employees other than those covered by, or paid on the same basis as in, the Award of the National Industrial Tribunal substantive or basic pay plus full personal and acting allowances, if any.
(B) in the case of employees, other than subordinate staff, so covered by, or paid on the same basis as in, the Award of the National Industrial Tribunal, eighty per cent. of the awarded basic pay plus full personal and acting allowances, if any; and
(C) in the case of the subordinate staff so covered by, or paid on the same basis as in, the Award of the National Tribunal, seventy five per cent. of the awarded basic pay:
Provided further that from the 1st September, 1978, salary' or substantive salary' shall include other emoluments or such portion thereof of a member as may for the time being be permitted by the Bank to rank for superannuation benefits under the rules of service applicable to the member.
(i) "Service" shall mean continuous service with the Bank and in the case of an employee who has been employed by the Bank with the benefit of continuity of service, as a consequence of the acquisition of the business of another bank under section 35 of the State Bank of India Act, 1955, or otherwise or as a consequence of the amalgamation of any bank with the Bank, under the Banking Companies Act, 1949, or otherwise his continuous service with the bank whose business is so acquired or which is so amalgamated shall be deemed to be service with the Bank.
(2) All other words and expressions used in these regulations but not defined, and defined in the Act and the Provident Funds Act, 1925 shall have the same meanings respectively assigned to them in that Acts.
### 3. Board of trustees and its meeting.
(1) The trustees of the Fund shall be the Directors of the Bank together with four members of the Fund nominated by the Directors for the time being and at every meeting of such trustees, the Chairman of the Bank shall be the Chairman of the meeting and in his absence one of the Directors shall be elected as the Chairman of the meeting.
(2) The four members referred to in sub-regulation (1) shall each and all of them be employees of the Bank serving under different local head offices.
### 4. Quorum for the meeting.
(1) The presence of at least five trustees of whom two shall be executive officers of the Bank shall be necessary to form a board for the transaction of business.
(2) Each trustee shall have one vote and in all cases of an equal division, the Chairman shall have a casting vote.
### 5. Committees of the Fund.
(1) The trustees may appoint any one from their number, who shall be an executive officer of the Bank, to carry on the ordinary business of the Fund including the exercise on behalf of the trustees of every power and discretion vested in the trustees under the regulations 12 to 20 and regulation 31.
(2) The trustees may also appoint a committee from their number of whom at least one shall be an executive officer of the Bank, to carry on other ordinary business of the Fund including the sanctioning of payments to members.
(3) Three trustees shall form a quorum of the committee.
### 6. Accounts of the Fund.
- The accounts of the Fund shall be made up yearly as at 31st March and an audited statement of affairs as at that date shall be submitted to a meeting of the trustees to be held not later than 31st August in every year and a copy of such statement shall be forwarded annually to each member.
### 7. Eligibility.
(1) Save as provided in sub-regulation (2), every permanent employee including a permanent part-time employee, who is required by the Bank to work for more than six hours a week in the service of the Bank, is entitled to contributory provident fund benefits under the terms and conditions or his service and shall become a member of the Fund from -
(a) the date from which he is confirmed in the service of the Bank, or
(b) the date from which he may be required to become a member of the Fund under the terms and conditions of his service.
(2) Save as provided in regulation 35, employees of the Bank who are members of the Imperial Bank of India Employees' Provident Fund or who are engaged in any country outside India and appointed for service in such country, shall not be eligible for membership of the Fund.
### 8. Subscription.
(1) Every member shall subscribe towards the Fund in each month a sum equivalent to ten per cent of his salary.
(2) The subscriptions referred to in sub-regulation (1) shall be credited to the members' individual accounts in the books of the provident fund and a sum equal to that subscribed by members shall also be contributed by the Bank monthly and credited to each member's account.
(3) The amount of a member's or the Bank's subscription in terms of sub-regulation (1) or sub-regulation (2), if it contains an element of paise, the same shall be rounded off to the next higher rupee.
### 9. A. Contribution in the event of Acquisition or Amalgamation.
(1) In the event of the Bank acquiring the business of any other bank under section 35 of the State Bank of India Act, 1955, or in the event of amalgamation of any bank with the Bank under the Banking Companies Act, 1949, or otherwise and as a consequence of such acquisition or amalgamation, the Bank is employing employees of such other bank (hereinafter referred to as "the said employees"), the trustees shall receive the amounts if transferred to them by the trustees of the Provident Fund maintained by the other bank and standing to the credit of the account of the said employees under the columns "employees' contributions", "interest on employees' contributions", "employer's contributions" and "interest on the employer's contributions" (or under columns to that effect) and credit the amounts so received under the respective columns of the accounts of the said employees opened or to be opened in the Fund:
Provided that if in the other Bank, the Provident Fund does not consist of any component of employers' contribution, there shall be no obligation on the trustees or the Bank to credit any amount in the column "employer's contributions" of the account of the said employees opened or to be opened in the Fund.
(2) The amounts so credited shall thereafter be dealt with in accordance with these regulations as if the same were contributions by the said employees and interest thereon and the Bank's contributions if any in respect of the said employees and interest thereon under these regulations and the said employees shall have no claim against the Bank or the trustees in respect of the amounts so credited, save and except in accordance with these regulations.
[Provided that in respect of those employees who have opted, subject to their eligibility, for the provident fund benefits of the other bank, the Provident Fund Regulations of the other bank shall govern those employees and there shall be no obligation on the Bank to contribute and credit any sum to the said employees Provident fund account as contemplated in sub-regulation (2) of regulation 8 and the amount standing to the credit of the Provident Fund account of those employees shall be dealt with in accordance with the Provident Fund Regulations of the other bank as in force at the time of acquiring the business of such other bank or as may be modified by the central board of the Bank from time to time]
[Inserted by Notification No. HR/PPG/PA/19-20/112, dated 1.6.2019 (w.e.f. 20.8.2015).]
B. In the event of leaving the service in any other establishment and joining the service of the Bank-
(1) In the case of an employee leaving his service in any other establishment or institution and joining the service of the Bank and who is permitted or required to become a member of the provident fund maintained by the Bank, the trustees shall, at the request of the employee and if the regulations in relation to provident fund maintained by his former employer so permit, receive any amount due to him from the provident fund account maintained by his former employer and transferred by the said employer directly to the provident fund maintained by the Bank.
(2) The amounts so received shall be credited to the account of the said employee to be opened in the Fund under the column "employees' contributions" (or under the column to that effect).
(3) The amounts so credited shall thereafter be dealt with, in accordance with these regulations, as if the same represented contributions made by the said employee under these regulations, provided that the bank shall not be liable to make any contributions corresponding to the amounts so credited as aforesaid.
(4) The said employee shall have no claim against the Bank or the trustees in respect of the said amounts save and except in accordance with these regulations.
(5) The services rendered by the member admitted to the Fund under sub-regulation A, and sub-regulation B in the earlier establishment or institution shall for the purpose of regulation 16 and for no other purpose be deemed as service in the Bank
C. In the event where an employee of the Bank leaves the service of the Bank and joining the service of any other establishment.-
In the case where an employee of the Bank leaves the service of the Bank and joins the service of any other establishment/institution, the trustees shall, at the request of the employee made in writing and if the regulations in relation to the provident fund maintained by his new employer so permit, transfer the amount due to the employee from the Fund maintained by the Bank directly to the Provident Fund maintained by his new employer, but such transfer shall be subject to the provisions of regulation 23.
### 10. Additional Contribution.
(1) Subject to provisions of sub-regulation (2) and with effect from the 1st April 1966, any member of the Fund may, at his option, subscribe towards the Fund, in addition to any sum that he shall subscribe in terms of sub-rule (1) of regulation 8, such sum as shall not, together with the sum subscribed by him in terms of that sub-rule (1), be more than twenty five percent of his salary.
(2) A member desirous of exercising the option to subscribe to the Fund in terms of sub-regulation (1) shall advise in writing to the officer responsible for paying his salary the rate expressed in percentage of his salary at which he desires to subscribe and such rate shall not at any time be less than five percent of his salary and when once fixed can be altered only by written intimation by him to such officer not less than one calendar month in advance of the salary payment date for the month of April.
(3) The subscriptions made under this rule shall also be credited to the members' accounts in the books of the Fund, but no contributions equivalent to or in respect thereof shall be payable by the Bank.
(4) The amount of a member's or the Bank's subscription in terms of sub-regulation (1) or sub-regulation(2) shall be rounded off to the next higher rupee, if it contains an element of paise. This provision shall come into effect from 1st April 1988.
### 11. Investment of the Fund.
(1) All monies of the Fund except sums withdrawn under regulations 12,13,14,15,16 and 31 shall be deposited in the Bank in an account called "The Trustees of the State Bank of India Employees' Provident Fund" and interest thereon at the appropriate rate referred to in sub-regulation (2) shall be paid by the Bank half-yearly or the said monies of the Fund or part of it may be invested by the trustees in any securities covered under rule 67 of the Income-tax Rules, 1962 in respect of the investment of Fund monies contributed to Provident Fund recognised under the Income-tax Act, 1961 or the Indian Trusts Act, 1882.
(2) Every member shall be allowed interest at a rate fixed annually by the Executive Committee for the year ending on each the 31st day of March provided that the rate so fixed shall not be less than either-
(a) one half percent above the average standard rate (adjusted up or down to the interest one quarter per cent) quoted by the bank for new deposits fixed for twelve months in the preceding year (ending on the preceding the 31st day of March); or
(b) three percent per annum.
The account of each member shall be credited with interest at that rate half-yearly on sums standing to the trustees' credit.
### 12. Advances.
(1) The trustees may, in their absolute discretion, and at the written request of a member, make advances to that member by applying the whole or any portion of the amount of that member's individual subscriptions standing to his credit in the payment of premia on an endowment insurance policy (or policies) on the life of that member provided that every policy on which any premium or premia shall be so paid shall be assigned to the trustees or the Bank as the nominee of the trustees, free from encumbrances, in security of the repayment to the trustees of such advances and that the insurance company issuing the policy is duly approved by them.
(2) The trustees may in their absolute discretion, and at the written request of a member, make advances to that member from the amount standing to his credit in the Fund, subject to the following conditions, namely :-
(a) No advance shall be granted unless the trustees are satisfied that the member's pecuniary circumstances justify the advance and that it may be expended on any of the following objects namely :-
(i) to pay expenses incurred in connection with the serious or prolonged illness of the member or any person actually dependent on him;
(ii) to pay obligatory expenses on a scale appropriate to the member's status which by customary usage the member has to incur in connection with marriages, funerals or other ceremonies;
(iii) to meet any other expenditure or liability which, in the opinion of the trustees, is extraordinary and beyond the ordinary capacity of the member to meet;
(b) An advance shall not, except for special reasons,-
(i) exceed three months' salary or half the amount of the member's own subscriptions and interest thereon standing to his credit in the Fund, whichever is less; or
(ii) be granted until at least a period of twelve months has elapsed after the final repayment of all previous advances, together with interest thereon.
### 13. Recovery of Advances.
(1) An advance shall be recovered from the member in such number of equal monthly instalments as the trustees may direct, but such number shall not be less than twelve unless the member so elects, or in any case more than twenty-four.
(2) A member may, at his option, repay more than one instalment in one month and each instalment shall be a number of whole rupees, the amount of advance being raised or reduced, if necessary, to admit of fixation of such instalments:
Provided that where the amount advanced exceeds three months' salary or half the amount of the member's own subscriptions and interest thereon standing to his credit in the Fund, it shall be open to the trustees to direct that the amount be recovered in a maximum of thirty-six instalments.
### 14. Recovery of Interest.
(1) After the principal of the advance has been fully repaid interest shall be recovered thereon at the rate of one-fifth per cent of the principal for each month or broken part thereof during the period between the withdrawal and complete re-payment of the principal.
(2) The interest shall ordinarily be recovered in one instalment in the month after complete re-payment of the principal; but, if the period referred to in regulation 13 exceeds twenty months, interest may, if the member so desires, be recovered in two equal monthly instalments.
### 15. Recoveries.
(1) The Recoveries shall commence when the member draws his salary for the full month for the first time after the advance is made:
Provided that no recovery shall be made except with the consent of the member while he is on leave or under suspension.
(2) If more than one advance has been made to a subscriber, each advance shall be treated separately for the purpose of the recovery.
(3) The Recoveries made shall be credited, as they are made, to the member's account in the Fund.
### 16. Withdrawal.
- Subject to the conditions specified in regulations 17 the trustees in their absolute discretion may, at the written request of a member, sanction at any time withdrawal by him from the amount standing to his credit in the Fund for one or more of the following purposes, namely : -
(a) Building or acquiring a suitable house for his residence including the cost of the site or repaying any outstanding amount on account of loan expressly taken for this purpose.
(b) Meeting the cost of higher education, including wherever necessary the cost of passage, of any child of the member in the following cases, namely : -
(i) for education outside India for an academic, technical, professional or vocational course beyond the High School stage; and
(ii) for any medical, engineering or other technical or specialised course in India beyond the High School stage, provided that the course of study is for not less than three years.
(c) Meeting expenses in connection with the marriage of his daughter or daughters or, if the member has no daughter, any other female relatives dependent on him.
(d) Meeting expenses in connection with the marriage of his son or sons.
(e) Building or acquiring, as a member of a Co-operative Housing Society approved by the bank or under any other scheme approved by the Bank for the purpose, a suitable house for his residence including the cost of the site:
Provided that no withdrawal shall be allowed for any of the purposes mentioned in clauses (a) , (b), (c) and (d) unless the member has completed twenty-five years of service or has attained the age of fifty years.
### 17. Limit on amount withdrawn.
- The limit on amount withdrawn shall be subject to the following, namely:-
A. Any sum withdrawn by a member under clause (a) of regulation 16 from the Fund shall not exceed-
(1) (a)
one half of the amount of his own subscriptions with the interest thereon standing to his credit in the Fund; or
(b) the actual cost of the house including the cost of site or the amount required for re-payment of the loan taken for this purpose,whichever is less.
(2) If a member desires to withdraw any sum under clause (a) of Regulation 16 for the construction of a house, he shall be permitted to do so only in equal instalments of not less than two and not more than four in number; but the withdrawal of any instalment after the first shall be permitted by the trustees only if they are satisfied that there has been sufficient progress in the construction of the house.
Explanation : For the purpose of sub-regulation 17(A) , the actual expenditure incurred in connection with the execution of any document relating to the transaction may be included in the cost of the house or the amount required for the repayment of the loan.
B.(1) Any sum withdrawn by a member under clause (b) of regulation 16 from the Fund shall not exceed half the amount of his own subscriptions and the interest thereon standing to his credit in the Fund or three months' salary, whichever is less.
(2) Withdrawal by a member under clause (b) of regulation 16 from the Fund shall be permitted once in every six months.
(3) A member who has been permitted to withdraw money from the Fund under clause (b) of regulation 16, shall satisfy the trustees within a period of six months from the date of withdrawal that the money has been utilised for the purpose for which it was withdrawn:
Provided that where a portion of the money withdrawn is not likely to be spent within the said period and the member desires to withdraw any further sum of money from the Fund during the period of six months immediately following the said period, he shall so fix the amount purposed to be withdrawn during the period of six months immediately following the said period as to take into account this excess amount and submit an application in writing to the trustees in that behalf within one month of the expiry of the said period:
Provided further that such excess amount shall not exceed 10% of the amount utilised.
C. Any sum withdrawn by a member under clause (c) of regulation 16 shall not exceed -
(1) (a)
six months' salary; or
(b) half the amount of his own subscriptions with interest thereon standing to his credit in the Fund; whichever is less:
Provided that in special cases, the trustees may relax the limit specified in clause (a) but in no case shall the amount withdrawn exceed 10 months' salary.
(2) Withdrawal by a member under clause (c) of regulation 16 shall not be permitted before three months preceding the month in which the marriage actually takes place.
(3) The member shall furnish a certificate to the trustees within a period of one month from the date of marriage or if he is on leave, within one month of return from leave, that the money withdrawn has actually been utilised for the purpose for which it was intended.
Explanation. - If two or more marriages are celebrated simultaneously the amount admissible under sub-regulation (1) or sub-regulation (2) in respect of each marriage shall be determined as if withdrawals are sanctioned separately one after the other.
D. Any sum withdrawn by a member under clause (d) of regulation 16 shall not exceed -
(1) (a)
three months' salary; or
(b) half the amount of his own subscriptions with interest thereon standing to his credit in the Fund; whichever is less:
Provided that in special cases, the trustees may relax the limit specified in clause (a) but in no case shall the amount exceed six months' salary.
(2) Withdrawal by a member under clause (c) or (d) of regulation 16 shall not be permitted before three months preceding the month in which the marriage actually takes place.
(3) The member shall furnish a certificate to the trustees within a period of one month from the date of marriage or if he is on leave, within one month of return from leave, that the money withdrawn has actually been utilised for the purpose for which it was intended.
Explanation : If two or more marriages are celebrated simultaneously the amount admissible under regulation 17C or regulation 17D in respect of each marriage shall be determined as if withdrawals are sanctioned separately one after the other.
E. Any sum withdrawn by a member under clause (e) of regulation 16 shall not exceed -
(1) (a)
an amount of one thousand five hundred rupees or half the amount of his own subscriptions with interest thereon standing to his credit in the Fund whichever amount is higher but in no case exceeding the full amount of his own contributions with interest thereon standing to his credit in the Fund; or
(b) the actual cost of the house and the site; whichever is less.
(2) Withdrawal by a member under clause (e) of regulation 16 shall be permitted only once during the service.
### 18. Grounds for permission for withdrawal.
- A.(1) The withdrawal shall not be permitted for any purpose specified in clause(a) of regulation 16 unless the trustees are satisfied that-
(a) the member does not own a house at the place of his duty or at the place where he intends to reside after retirement and that only one house shall be built, acquired, or redeemed by the member at such place;
(b) the sum which he proposes to withdraw is actually required for the purpose;
(c) such sum together with the private savings, if any, of the member would be sufficient for that purpose;
(2) In the case of withdrawal for the construction of a house
(i) the member possesses or intends to acquire forthwith the right to build it on the site therefor;
(ii) the member has an approved plan.
(3) In the case of withdrawal for the acquisition of a house the vendor has an indefeasible and clear title to the land and house which he agrees to sell to the member;
(4) In the case of withdrawal for the purpose of repayment of loan, the member has produced necessary deeds and papers before the trustees proving his undisputed title to the land and the house thereon.
(5) The construction shall commence within six months from the date of withdrawal of the money and shall be completed within a period of one year from the date of commencement of construction or such longer period as the trustees may prescribe in any individual case where the commencement or completion of the structure is likely to be delayed owing to reasons beyond the control of the member.
(6) The house shall be purchased or redeemed within three months from the date of withdrawal.
(7) In the case of withdrawal under clause (a) of regulation 16 for re-payment of loan, the loan shall be repaid within three months of withdrawal.
B. (1) The withdrawal shall not be permitted for any purpose specified in clause (e) of regulation 16 unless the trustees are satisfied that-
(a) the member does not own a house at the place of his duty or at the place where he intends to reside after retirement and that only one house shall be built, acquired, or redeemed by the member at such place;
(b) the sum which he proposes to withdraw is actually required for the purpose;
(c) such sum together with the private savings, if any, of the member would be sufficient for that purpose;
(2) In the case of withdrawal for the construction of a house-
(i) the member possesses or intends to acquire forthwith the right to build it on the site therefor;
(ii) the member has an approved plan.
(3) In the case of withdrawal for the acquisition of a house the vendor has an indefeasible and clear title to the land and house which he agrees to sell to the member;
(4) In the case of withdrawal for the purpose of re-payment of loan, the member has produced necessary deeds and papers before the trustees proving his undisputed title to the land and the house thereon.
(5) The construction shall commence within six months from the date of withdrawal of the money and shall be completed within a period of one year from the date of commencement of construction or such longer period as the trustees may prescribe in any individual case where the commencement or completion of the structure is likely to be delayed owing to reasons beyond the control of the member.
(6) The house shall be purchased or redeemed within three months from the date of withdrawal.
(7) In the case of withdrawal under clause (e) of regulation 16 for re-payment of loan, the loan shall be repaid within three months of withdrawal.
### 19. Documentary Evidence.
- A member who has been permitted under clause (a) or clause (e) of regulation 16 to withdraw money from the Fund shall satisfy the trustees, if called upon to do so, by the production of tax receipts, title deeds or documents that the house remains in his sole ownership and that he has not parted with the possession thereof, by way of sale, mortgage, gift, or lease for a term exceeding three years without the previous permission of the trustees.
### 20. Refund of excess withdrawal.
(1) If any sum withdrawn by a member under regulation 17 is found to be in excess of that actually spent for the purpose for which the sum was withdrawn or is not applied for such purpose, the excess or the whole of such sum or so much thereof which has not been so applied, shall forthwith be repaid by him into the Fund, together with interest thereon at the rate specified under regulation 11 in respect of his balance in the Fund.
(2) In default of the payment referred to in sub-regulation (1), the trustees shall request the Bank to recover the amount from the salary and allowances of the member either in a lump sum or in such number of monthly instalments as may be determined by them and the amount so recovered shall be credited to the account of the member in the Fund:
Provided that the entire sum withdrawn shall be repaid into the Fund in the manner specified above if a member fails to comply with the provisions of regulation 17, 18 or 19 as may be relevant in the circumstances of the case.
### 21. In the event of dismissal from service.
- If any member shall be dismissed from the service of the Bank for any fault or other cause justifying dismissal, he shall not be entitled to receive, unless permitted to do so by the trustees, the sums contributed by the Bank to his provident fund account, or any interest credited to that account on the sums so contributed:
Provided that when any member is so dismissed, any amount due under a liability incurred by the member to the Bank (not exceeding in any case the sums so contributed by the Bank and interest thereon) shall be paid by the trustees to the Bank out of the sum standing to the credit of the member's account.
### 22. Forfeiture.
(1) If, on any member ceasing to be a member of the Fund for any reason whatsoever, he, or if he be dead, his nominee, dependents or representatives as per these Regulations is/are not entitled to payment of any sum standing to the credit of his separate account in the Fund, any such sum shall, unless dealt with within the discretion of the trustees as in these regulations provided, be forfeited to the Fund.
(2) Any sums which may accrue to the Fund by reason of any forfeiture shall be credited to a separate account and be disposed of for the benefit of the staff in such manner as the trustees may decide:
Provided, however, that the trustees may, at their absolute discretion, waive any forfeiture and credit the amount thereof to the account of a member who may rejoin the Bank's service after having left it for any reason whatsoever.
### 23. Resignation or Retirement from the services.
- When a member resigns or retires from the service of the Bank he shall, if he has served the Bank for a period of five years or more, be entitled to receive the balance at his credit in the Fund. Provided that when any member resigning or retiring from the service of the Bank is under a liability incurred by him to the Bank, the trustees shall, irrespective of the duration of his service, pay to the Bank out of the balance at his credit in the Fund any amount due by him to the Bank (not exceeding in any case the sums contributed by the bank to his account in the Fund and any interest credited to his account on the sums so contributed).
### 24. Cessation of service.
- If any member shall cease to serve the Bank before completion of a service of five years with the Bank, he shall be entitled to receive only the amount of his own subscriptions to the Fund with the interest credited thereon to the date of his severing his connection with the Bank.
### 25. Eligibility to receive payment of any share of the contribution of the Bank to the Fund.
- No member shall be entitled to receive payment of any share of the contribution of the Bank to the Fund until he shall have served the Bank for a period of five years notwithstanding that a share thereof may have been credited to his account in the books of the Fund, but the trustees may in their absolute discretion authorise such payment if a member is compelled to retire before completing five years' service owing to any cause beyond his control.
### 26. Nomination.
(1) Each member shall nominate in Form A annexed to these regulations one or more persons belonging to his family to whom the amount standing at his credit in the Fund shall be payable in the event of his death.
(2) A member who has no family shall nominate a person or persons in Form B annexed to these regulations, provided that such nomination shall be valid only for so long as the member has no family and that if a member subsequently acquires a family, he shall formally cancel the previous nomination and nominate in Form A one or more persons belonging to his family.
(3) A member may in his nomination distribute the amount that may stand to his credit in the Fund amongst his nominees at his own discretion.
(4) A nomination may be cancelled by a member and replaced by any nomination which is permitted to be made under this regulation.
(5) No nomination or notice of cancellation shall be effective unless it has been received in the Central Accounts Office of the Bank while the member is still in the service of the Bank and has been registered in the books of the Fund.
Explanation. - For the purposes of this regulation, "family" means the wife or wives, or husband, and children of a member, and the widow or widows and children of a deceased son of a member:
Provided that if a member proves that his wife has been judicially separated from him or has ceased under the customary law of the community to which she belongs to be entitled to maintenance, she shall no longer be deemed to be a person belonging to the family unless the member subsequently indicates by express notification in writing to the trustees that she shall continue to be so regarded:
Provided further that if a member by notification in writing to the trustees expresses her desire to exclude her husband from the family, the husband shall no longer be deemed to be a person belonging to the family unless the member subsequently cancels formally in writing her notification excluding him:
Provided also that in cases where adoption is recognised by the personal law governing the member, an adopted child shall be considered as a child.
### 27. Settlement after death of member.
- Subject to the provisions of clause (e) of sub-regulation (2)of this regulation, on the death of a member, the full amount standing to his credit in the Fund irrespective of the period for which the member may have served shall become payable as under --
(1) When a member leaves family-
(a) If a nomination made by the member in accordance with these regulations in favour of a person or persons belonging to 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 the nominee or nominees in the proportion specified in the nomination;
(b) If no such nomination in favour of a person or persons belonging to the family of the member subsists or if such nomination relates only to a 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 or persons other than a person or persons belonging to his family become payable to the persons belonging to his family in equal shares:
Provided that no share shall be payable to
(i) sons who have attained legal majority;
(ii) sons of a deceased son who have attained legal majority;
(iii) married daughters whose husbands are alive;
(iv) married daughters of a deceased sons whose husbands are alive:
if there is any person belonging to the family other than those specified in items (i) , (ii), (iii) and (iv):
Provided further 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 member and if, in a case where had he survived the member, he would have been excluded from a share under item (i) of the first proviso, he had not been so excluded.
(2) When the member leaves no family -
(a) if a nomination made by the member in accordance with these regulation in favour of any person or persons who is or are a dependant or dependants of the member, subsist, the amount standing to his credit in the Fund or, as the case may be, 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 any such nomination subsists in favour of any person who is not a dependant, the amount standing to his credit in the Fund or, as the case may be, the part thereof to which the nomination relates, shall become payable to such nominee if the amount does not exceed five thousand rupees;
(c) if no such nomination subsists, or if such nomination relates only to a part of the amount standing to the credit of the member in the Fund, the whole or, as the case may be, the part thereof to which the nomination does not relate, shall become payable to any person appearing to the trustees to be otherwise entitled to receive it, if the whole sum or, as the case may be, the part thereof, does not exceed five thousand rupees;
(d) any sum or any part thereof which is not payable to any person under sub-clause (a) or sub-clause (b) or sub-clause (c), shall become payable to any person on production of probate, letters of administration or a succession certificate in accordance with the provisions of section 4 of the Provident Funds Act,1925.
Note : When a nominee or other person is a dependant of the member, the amount payable to such nominee or other person under these regulation vests in the dependant under sub-section (2) of section 3 of the Provident Fund Act, 1925.
Explanation. - For the purposes of this regulation, "Dependant" means a dependant of the member as defined in clause (c) of section 2 of the Provident Funds Act, 1925.
(e) Notwithstanding anything contained in this regulation, on the death of a member, who is under a liability incurred by him to the Bank, the trustees may pay to the Bank out of the balance at his credit in the Fund any sum due by him to the Bank (not exceeding in any case the sums contributed by the Bank to his account in the Fund and any interest credited to his account on the sums so contributed) before making payment under this regulation.
### 28. Cessation of Interest.
- Interest on all monies standing in the books of the Fund to the credit of a member shall cease on the day he leaves the service of the Bank or the day on which he dies, whichever event shall first happen.
### 29. Disqualification for Claim.
- Except as is by the Provident Funds Act, or by these regulation expressly provided, no member or any person or persons claiming under or through him shall be entitled to claim payment of any money out of the Fund.
### 30. Advances to beneficiary of a deceased member.
- The trustees may make advances to the beneficiary or beneficiaries of a deceased member's interest in the Fund, where such beneficiaries or any of them are in indigent circumstances, in anticipation of the grant of the probate of the will or letters of administration or other certificate of representation or title to the estate of the deceased, in order to meet funeral or other expenses.
### 31. Option of withdrawal in the event of leave preparatory to retirement.
- Members on leave preparatory to retirement may at their option withdraw up to 90 per cent. of the balances at their credit in the Fund, but if the member does not eventually retire, the full amount withdrawn must be refunded as a condition of continued employment.
### 32. Liability of Trustees.
- No trustee shall be responsible and chargeable, save and except for monies actually received by him, notwithstanding his having signed any receipt for the sake of conformity or otherwise, nor shall he be responsible or chargeable for the acts, defaults or neglects of the Bank with whom the monies of the Fund are deposited, nor for any loss unless the same happens through his own wilful act or omission.
### 33. Closure of the Fund.
- If the Bank shall, with the approval of the Central Government, give the trustees notice in writing that it does not intend to make any further contributions to the Fund, the Fund shall be closed and in the event of such closure, the Fund shall be divided amongst the members by payment to each member of such sum as may be standing at credit of such member at the time of such division as aforesaid.
### 34. Decisions of the Trustees.
- The decision of the trustees shall be final and binding upon members in all respects and upon all matters, questions and disputes relating to or connected with the interpretation of these regulations or with the Fund or the administration thereof.
### 35. Extension of the regulation.
- Notwithstanding anything contained in sub-regulation (2) of regulation 7, these regulations may be extended by the Central Board to apply to employees engaged in any country outside India and appointed for service in such country to such extent, for such period and subject to such conditions and modifications as the Central Board may deem fit and in respect of such employees as are engaged in Pakistan, Ceylon or the United Kingdom and as are not members of the Imperial Bank of India Employees' Provident Fund or the State Bank of India (Ceylon) Employees' Provident Fund, these regulations shall be deemed to have been so extended by the Central Board until separate Provident Funds are constituted in respect of those employees subject to the modification that in the case of a member in the London Office of the Bank, the rate of subscription provided in sub-regulation (1) of regulation 8 shall be at five percent, irrespective of the salary drawn by him.
### 36. Declaration.
- Every employee when joining the Fund shall submit a declaration in the following form :-
Form
I hereby declare that I have read and understood the regulations of the State Bank of India Employees' Provident Fund and I hereby subscribe and agree to be bound by the said regulations.
Dated ............... day of ................ 20........
Name in full ................................................................
Date of birth ...............................................................
Nature of appointment .................................................
Date of joining service ..................................................
Date of confirmation ....................................................
Salary per month .........................................................
(Signature) ..................................................................
Witness ......................................................................
Index No. ....................................................................
Designation .................................................................
Address ......................................................................
Particulars found correct and signature verified.
Office Manager/ Branch Manager/ Dy. General Manager.
### 37. Saving Clause.
- All the actions taken and anything done under and as per the provisions of State Bank of India Employees' Provident Fund Rules-1955 shall remain valid and binding on the concerned parties. The supersession of the said State Bank of India Employees' Provident Fund Rules-1955 by these regulations shall not affect the validity of various decisions/actions taken pursuant to the said rules.
Explanatory Memorandum
The State Bank of India Employees' Provident Fund Rules were framed after consultation with the Reserve Bank of India and previous sanction of Central Government contained in File No. F.8/80/66\_SB dated 23rd September, 1964 under the provisions of section 50 of the State Bank of India Act, 1955 (23 of 1955). As per regulation 11 of the proposed regulations, the Trustees of the Fund can invest the Fund in securities approved under rule 67 of Income-tax Rules 1962. The amended regulation is being given retrospective effect and shall be deemed to have come into force on the 11th August, 2011.
### 2. It is certified that no person shall be adversely affected by giving retrospective effect to these regulations. Provident Fund Form A
(Form of Nomination when member has a family)
Index No. ...................
Member's Name ...............................................
(In block capitals)
(place) .......................
(Date) ........................
To,
The Trustees of The State Bank of India
Employees' Provident Fund,
(Through the.............................................................,
State Bank Of India,
......................................................)
Gentlemen,
I hereby direct that the amount payable to me from the State bank of India Employees' Provident Fund at the time of my death shall be distributed among the members of my family mentioned below in the manner shown against their names:-
| | | | |
| --- | --- | --- | --- |
|
Name and address of the nominee or nominees
|
Relationship with the member
|
Age of the nominee
|
Amount or share of accumulations
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
Without prejudice to my right under sub-regulation (4) of regulation 26 of the State Bank of India Employees' Provident Fund Regulation to cancel the nomination made by me whenever I think fit, I hereby give notice that in the event of the Person/ any of the persons nominated thereunder predeceasing me, this nomination shall forthwith stand cancelled, in so far as it relates to the rights conferred upon such person/ any of the persons.
I am,
Yours faithfully,
-----------------------
(Signature) Witness:
(1) Signature..........................
Name ..............................
Designation......................
Address...........................
(2) Signature..........................
Name ..............................
Designation......................
Address..........................
Member's signature verified by me-----------------------------------------
Branch Manager/ Dy. General Manager
Note: Column 4 may be filled in so as to cover the whole amount at credit.
C.O.S. 434
Provident Fund Form B
(Form of Nomination when member has no family)
Index No ...................
Member's Name ...............................................
(In block capitals)
(place) .......................
(Date) ........................
To,
The Trustees Of The State Bank Of India
Employees' Provident Fund,
(Through the.............................................................,
State Bank Of India,
......................................................)
Gentlemen,
I hereby declare that I have no family and direct that the amount payable to me from the State bank of India Employees' Provident Fund at the time of my death shall, in the event of my having no family, be distributed among persons mentioned below in the manner shown against their names:-
| | | | |
| --- | --- | --- | --- |
|
Name and address of the nominee or nominees
|
Relationship if any with the member
|
Age of the nominee
|
Amount or share of accumulations
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
Without prejudice to my right under sub-regulation (4) of regulation 26 of the State Bank of India Employees' Provident Fund Regulations to cancel the nomination made by me whenever I think fit, I hereby give notice that in the event of the Person/ any of the persons nominated thereunder predeceasing me, this nomination shall forthwith stand cancelled, in so far as it relates to the rights conferred upon such person/ any of such persons.
I am,
Yours faithfully,
-----------------------
(Signature) Witness:
(1) Signature..........................
Name ..............................
Designation......................
Address...........................
(2) Signature..........................
Name ..............................
Designation......................
Address...........................
Member's signature verified by me--------------------------
Branch Manager/ Dy. General Manager
Note: Column 4 may be filled in so as to cover the whole amount at credit.
C.O.S. 435
|
65b8f959ab84c7eca86e8170 | acts |
State of Karnataka - Act
--------------------------
The Karnataka Prohibition Of Admission Of Students To The Un-Recognised and Un-Affiliated Educational Institutions Act, 1992
------------------------------------------------------------------------------------------------------------------------------
KARNATAKA
India
The Karnataka Prohibition Of Admission Of Students To The Un-Recognised and Un-Affiliated Educational Institutions Act, 1992
==============================================================================================================================
Act 07 of 1993
----------------
* Published in Gazette 07 on 1 January 1980
* Assented to on 1 January 1980
* Commenced on 1 January 1980
The Karnataka Prohibition Of Admission Of Students To The Un-Recognised And Un-Affiliated Educational Institutions Act, 1992
Act No. 7 of 1993
An Act to provide for prohibition of admission of students to the un-recognised and un-affiliated educational Institutions in the State of Karnataka and matters relating thereto.
WHEREAS the practice of admitting students to un-recognised and un-affiliated Educational Institutions is widespread in the State;
AND whereas this undesirable practice besides contributing to large scale commercialisation of education has not been conducive to the maintenance of educational standards;
AND whereas it is considered necessary to effectively curb this evil practice in public interest by providing for prohibition of admission of students to the unrecognised and unaffiliated Educational Institutions and matters relating thereto;
AND whereas it is expedient to provide for prohibition of admission of students to un-recognised and un-affiliated Educational Institutions and matters relating thereto;
BE it enacted by the Karnataka State Legislature in the Forty-third Year of the Republic of India as follows:-
### 1. Short title and commencement.-
(1) This Act may be called the Karnataka Prohibition of Admission of Students to the Un-recognised and Un-affiliated Educational Institutions Act, 1992.
(2) It shall be deemed to have come into force on the Twenty-eighth day of May 1992.
### 2. Definitions.-
In this Act unless the context otherwise requires,-
(a) 'commerce education' means education in Shorthand and Typewriting, Bookkeeping and Accountancy, Commerce, Office Practice and Procedure, Salesmanship and Marketing, Banking Practice, Insurance Practice and such other subjects as may be notified by the State Government;
(b) 'Commerce Institution' means any institution imparting commerce education and presenting students for examinations conducted by the Karnataka State Secondary Education Examination Board;
(c) 'Competent Authority' means any person, officer or authority authorised by the State Government, by notification, to perform the functions and discharge the duties of the competent authority under all or any of the provisions of this Act for such area or for such purposes or for such classes of institutions as may be specified in the notification;
(d) 'Educational Institution' means any institution by whatever name called other than Commerce Institution, whether managed by Government, Private body, Local Authority, Society, Trust, University or any other person carrying on the activity of imparting education in General Education, Professional Education, Medical Education, Technical Education, leading to a degree conferred or Diploma granted by a University established under the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976) or grant of Diploma or Certificate by any Authority and any other Educational Institution, or class or classes of such Institution, as the State Government may by notification specify;
(e) 'general education' means every branch of education other than religious, professional, medical, technical or special education;
(f) 'medical education' includes education in modern scientific medicine, in all its branches, including education in Pharmacy and Dental Education, Ayurvedic System of Medicine, Indigenous Medicine, Naturopathy, Siddha or Homeopathy;
(g) 'special education' means education for the handicapped, education in music, dance, drama, fine arts, physical education including sports and games and such other types of education as the State Government may by notification, in that behalf specify;
(h) 'society' includes a society registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act No.17 of 1960), or the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) or a trust registered under the Bombay Public Trust Act, 1950 or any association of individuals whether registered or not.
(i) 'Technical Education' means any course of study in Engineering, Technology, Architecture, Ceramics, Industrial Training, Mining or in any other subject, as the State Government may, by notification, specify.
### 3. Prohibition of admission of students to un-recognised and un-affiliated educational institutions.-
No student shall be admitted to an educational institution, unless such educational institution has been,-
(i) granted permission or has been recognised by the State Government or by the University or by a Board or any authority by whatever name called which is competent to grant such permission or recognition as the case may be, in accordance with the provisions of any law for the time being in force or rules made thereunder or any order issued by the State Government in this behalf.
(ii) affiliated to any University established under the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976); and
(iii) granted affiliation to a course of study.
### 4. Prohibition of admission of students in excess of intake.-
(1) No Educational Institution shall admit students in excess of intake fixed by the University or the State Government, Board or any other authority in respect of such institution or course of study and any admission made in excess of such intake shall be invalid.
(2) No student admitted in contravention of this section or section 3 shall be eligible to appear for any examination conducted by the State Government or the University or a Board or any authority.
Explanation.- For the purpose of this section educational institution means, any institution or college conducting courses leading to a Degree or Diploma or Certificate in Education or Physical Education, Engineering, Medical, Pharmacy and Dental Education and such other institution as the State Government may, by notification, specify.
### 5. Power to issue directions.-
Notwithstanding anything contained in this Act or in any law for the time being in force, where students have been admitted to a new college or to a new course of study in an existing college, to which affiliation has not been granted or where students have been admitted in excess of the intake prior to the commencement of this Act and where such students have not been allowed to appear for the examination held during the academic year 1991-92, the State Government may, if it considers necessary so to do, issue direction to the Karnataka State Secondary Education Examination Board, the Pre-University Education Board, or any other authority which conducted such examination for the said academic year or to the University established under the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976) subject to the provisions of section 57 of the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976) and subject to such conditions as may be specified in such direction, to conduct the examination for such students within four months from the date of commencement of this Act and to permit them to appear for such examination and it shall be the duty of such Board or authority or the University to comply with such directions.
### 6. Penalties.-
Whoever contravenes the provisions of this Act or the rules or order made or issued thereunder or any other rules or order made or issued by the State Government in respect of admission or intake of students and matters connected therewith shall, on conviction, be punishable with imprisonment for a term which shall not be less than one year but which shall not exceed three years and with fine which may extend to three thousand rupees and when the offence is a continuing one with a daily fine not exceeding two hundred and fifty rupees during the period of the continuance of the offence.
### 7. Offence by companies.-
(1) Where an offence against any of the provisions of this Act, or any rule made thereunder has been committed by a company, every person who at the time the offence was committed, was incharge of and was responsible to the company for the conduct of business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he has exercised all due deligence to prevent the commission of such offence.
(2) Notwithstanding anything in sub-section (1) where any such offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of the company such director, manager, secretary or other officer shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Explanation.- For the purpose of this section,-
(a) 'Company' means any body corporate and includes a trust, a firm, a society or other association of individuals, and
(b) 'Director' in relation to,-
(i) a firm means partner in the firm;
(ii) a society, a trust or other association of individuals means the person who is entrusted under the rules of the society, trust or other association with management of the affairs of the society, trust or other association as the case may be.
### 8. Cognizance of offences.-
No court shall take cognizance of any offence punishable under the Act save on the complaint made by the competent authority or such officer authorised in this behalf by the competent authority.
### 9. Act to override other laws.-
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being inforce.
### 10. Protection of act done in good faith.-
No suit, prosecution or other legal proceeding shall be instituted against the Government or any officer, authority or person empowered to exercise the powers or perform the functions by or under this Act for anything which is in good faith done or intended to be done under this Act or under the rules, notifications, or orders made thereunder.
### 11. 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 notification issued and every rule made under this Act shall immediately after it is issued or made be laid before each House 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 thirty days which may be comprised in one session or two or more successive sessions and if before the expiration of the sessions in which it is so laid or the session immediately following both Houses agree in making any modification in the notification or rule or in the annulment of the notification or rule the notification or 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 notification or rule.
### 12. Power to remove difficulties.-
If any difficulty arises in giving effect to the provisions of this Act, the Government may by order not inconsistent with the provisions of this Act remove the difficulties:
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.
### 13. Repeal and savings.-
(1) The Karnataka Prohibition of Admission of Students to the Un-recognised and Un-affiliated Education Institutions (No.2) Ordinance, 1992 (Karnataka Ordinance 11 of 1992) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
|
65b947e1ab84c7eca86e8c82 | acts |
State of Chattisgarh - Act
----------------------------
Family Court (High Court of Chattisgarh) Rules, 2005
------------------------------------------------------
CHHATTISGARH
India
Family Court (High Court of Chattisgarh) Rules, 2005
======================================================
Rule FAMILY-COURT-HIGH-COURT-OF-CHATTISGARH-RULES-2005 of 2005
----------------------------------------------------------------
* Published on 29 August 2005
* Commenced on 29 August 2005
Family Court (High Court of Chattisgarh) Rules, 2005
Published vide Notification No. 506/3-8-2/2001, dated 29.08.2005
Last Updated 21st October, 2019
Notification No. 506/III-8-2/2001 dated the 29th August, 2005. - In exercise of the power conferred by sub-sections (1) and (2) of Section 21 of the Family Courts Act, 1984 (66 of 1984), the High Court of Chhattisgarh makes following rules viz. : -
### 1. Short title, commencement and application.
(1) These rules shall be called the Family Court (High Court of Chattisgarh) Rules, 2005.
(2) These rules shall come into force with effect from the date of publication in the Official Gazette.
(3) These rules shall apply to the Family Courts established in the State of Chattisgarh.
### 2. Definitions.
- In these rules unless the context otherwise requires : -
(a) "Act" means the Family Courts Act, 1984 (Act No. 66 of 1984);
(b) "Family Court" means the Court established under Section 3 of the Act;
(c) "Government" means the Government of Chhattisgarh;
(d) "High Court" means the High Court of Chattisgarh;
(c) "Judge" means the Judge appointed under sub-section (1) of Section 4 of the Act and includes a Principal Judge or Additional Principal Judge of the Family Court; ^
(f) All other words and expressions not defined in these rules shall have the same meaning as assigned to them in the Act.
### 3. Working hours.
(1) The normal working hours of the Court shall be from 11.00 A.M. to 5.00 P.M. with a recess break 2.00 P.M. to 2.30 P.M.
(2) The Judge may, for expedience, hold proceedings of the Court beyond the working hours as prescribed in sub-rule (1) above and even on holidays ;
Provided that no such proceeding on holidays shall be held under the sub-rule except with the consent of the Counsellors, Representatives of the Social Organization and parties to the proceedings.
### 4. Place of Sitting.
- The Judge of the Family Court may sit at places other than the ordinary place of sitting in consultation with the Counsellors and the parties to the proceedings.
### 5. The provisions of the legal aid scheme may be invoked in appropriate cases in the proceedings under the Act.
### 6. Institution of proceedings.
- All proceedings instituted before the Family Court will be by way of plaint. However, in respect of applications under Chapter IX of the Criminal Procedure Code, the provisions of that Code shall apply.
### 7. The plaint or application, affidavits, relevant annextures shall be filed along with the copies thereof as fixed by the Court before an officer designated by the Court.
### 8. Proceeding of summons etc.
- In all proceeding the writ of summons to appear and answer shall be in the appropriate forms prescribed for civil and criminal courts with such modification as may be considered necessary and expedient by the Court.
### 9. All writs of summons except orders, warrants and other processes shall be signed by the designated officer of the Court and shall bear the seal of the Court and orders, warrants and other processes shall be signed after due verification by the Presiding Judge.
### 10. A writ of summons shall be served in the manner prescribed in the Code of Civil Procedure, save and except the proceeding under Chapter IX of the Code of Criminal Procedure where the provisions of that code will apply,
### 11. Counselling.
- On the returnable date of the summons, the Judge shall, on the same day, or on any subsequent date in consultation with the Counsellor, direct the parties to the proceedings to attend the Counsellor for the purpose of Counselling :
Provided that the Judge, while briefing the Counsellor, shall bear in mind the nature of the dispute, the convenience of the parties, the special requirement of the case in hand and other ancillary matters.
### 12. The Counsellor appointed to counsel the parties shall fix the time and date of appointment. The parties shall be bound to attend the Counsellor on the date and at the time so fixed.
### 13. If either of the parties fails to attend the Counsellor on the date and time so fixed, the counsellor may fix another date and shall communicate the same to the absentee party by registered post. In case of default by either of the parties on the adjourned date, the Counsellor shall submit a report to the Court and on receipt of such report, the Court may proceed with the matter in the absence of the defaulting party without prejudice to other powers of the Court to take action against the defaulting parties.
### 14. The Counsellor interested with any petition, on appearance of the parties before him, shall assist and advise the parties regarding the settlement of the subject matter of dispute and shall endeavour to help the parties in arriving at condition.
### 15. (1) The Counsellor may, in discharge of his duties, visit the home of either of the parties and interview the relatives, friends and acquaintances of either of the parties.
(2) The Counsellor in discharge of his duties, may also seek such information as he deems fit from the employer of either of the party and such requisition for information shall be made through the Court.
(3) The Counsellor may take the assistance of any organization, institution or agency, approved by the High Court, in discharge of his duties.
### 16. The Counsellor shall submit a report to the Court as and when called for to assist the Court in deciding the case in hand. The report may, inter alia, contain the following points : -
(a) Living environment of the parties concerned;
(b) Personalities;
(c) Relationship;
(d) Income and standard of living;
(e) Status in society;
(f) Counsellors opinion and findings.
### 17. The Counsellor may also supervise the child/children if and when called upon by the Court
### 18. Confidentiality of information.
- Information gathered by the Counsellor or any statement made before the Counsel or any notes or report prepared by the Counsellor shall be treated as confidential and the Counsel shall not be called upon to disclose such information, statement, notes or report of any Court except with the consent of both the parties.
### 19. Settlement.
- When the parties arrive at a settlement before the Counsellor relating to the dispute or any part thereof, such settlement shall be reduced into writing and shall be signed by the parties and counter signed by the Counsellor.
### 20. The proceedings before the Court shall be heard and disposed of, as expeditiously as possible and preferably within three months and in achieving the objective, the rules or procedure may not rigidly adhered to.
### 21. High Court's power to supervise etc.
- For carrying out the purpose of the Act and for ensuring the uniformity or practice to be observed by the Family Courts and for expeditious disposal, the High Court may from time to time supervise and inspect the Family Court and issue directions, circulars etc., to the Family Court.
### 22. Periodical Return.
- The Family Court shall submit to the High Court such periodical return and statistical information as may be called from time to time.
### 23. Miscellaneous.
- All other matters not covered under these rules shall be governed by Chhattisgarh Civil Court Rules and Orders (Criminal) .
|
65b92437ab84c7eca86e8695 | acts |
State of Uttar Pradesh - Act
------------------------------
The U.P. Food and Civil Supplies (Supply Branch) Ministerial Service Rules, 1979
----------------------------------------------------------------------------------
UTTAR PRADESH
India
The U.P. Food and Civil Supplies (Supply Branch) Ministerial Service Rules, 1979
==================================================================================
Rule THE-U-P-FOOD-AND-CIVIL-SUPPLIES-SUPPLY-BRANCH-MINISTERIAL-SERVICE-RULES-1979 of 1979
-------------------------------------------------------------------------------------------
* Published on 7 July 1979
* Commenced on 7 July 1979
The U.P. Food and Civil Supplies (Supply Branch) Ministerial Service Rules, 1979
Published vide Notification No. AR-2035/29-Adhi-Araj-Anu-2-374-70, dated May 18, 1979, published in U.P. Gazette, Part 1-Ka, dated 7-7-1979
Part I – General
------------------
### 1. Short title and commencement.
(1) These rules may be called the Uttar Pradesh Food and Civil Supplies (Supply Branch) Ministerial Service Rules, 1979.
(2) They shall come into force at once.
### 2. Status.
- The Food and Civil Supplies (Supply Branch) Ministerial Service comprises Group 'C posts.
### 3. Definitions.
- In these rules, unless there is anything repugnant in subject or context-
(i) "appointing authority" means the District Magistrate of the District;
(ii) "citizen of India" means a person who is or is deemed to be a citizen of India under Part II of the Constitution;
(iii) "Constitution" means the Constitution of India;
(iv) "Food Commissioner" means the Commissioner, Food and Civil Supplies, Uttar Pradesh;
(v) "Government" means the Government of Uttar Pradesh;
(vi) "Governor" means the Governor of Uttar Pradesh;
(vii) "member of service" means a person appointed in a substantive capacity under the provisions of the service rules or of the rules or orders in force prior to the commencement of these rules, to a post in the cadre of the service;
(viii) "service" means the Uttar Pradesh Food and Civil Supplies (Supply Branch) Ministerial Service; and
(ix) "year of recruitment" means the period of twelve months commencing from the first day of July of a calendar year.
Part II – Cadre
-----------------
### 4. Cadre of service.
(1) The strength of the service and of each category of posts therein shall be such as may be determined by the Governor from time to time.
(2) The strength of the service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1), be as given below :
| | | | | |
| --- | --- | --- | --- | --- |
|
|
Post
|
Permanent
|
Temporary
|
Total
|
|
|
1
|
2
|
3
|
4
|
|
1.
|
Clerk-Cum-Typist
|
373
|
919
|
1292
|
|
2.
|
Senior Accounts Clerks
|
70
|
60
|
130
|
|
3.
|
Head Clerk
|
55
|
71
|
126
|
|
4.
|
Accountant
|
13
|
13
|
26
|
|
5.
|
Stenographer (ordinary Grade 10 per cent of the posts of
Stenographers are in Selection Grade).
|
57
|
16
|
73
|
Provided that--
(a) ,the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post without thereby entitling any person to compensation; and
(b) the Governor may create such additional, permanent or temporary posts from time to time as he may consider proper.
Part III – Recruitment
------------------------
### 5. Source of recruitment.
- Recruitment to the various categories ,of posts in the Service shall be made from the following sources :
| | | | |
| --- | --- | --- | --- |
|
(1) |
Clerk-Cum-Typists.-
|
(i) |
by direct recruitment in accordance with the provisions of the
Subordinate Offices Ministerial Staff (Direct Recruitment) Rules,
1975, and
|
|
|
|
(ii) |
by promotion of Group 'D' employees to the extent of 10 per
cent of the vacancies in accordance with the proviso to Rule 7 of
the Subordinate Officers Ministerial Staff (Direct Recruitment)
Rules, 1975.
|
|
(2) |
Senior Accounts Clerks-
|
By promotion on the basis of seniority subject to the
rejection of the unfit from amongst permanent Clerks-cum-Typists
of the concerned Division.
|
|
(3) |
Head Clerks
|
By promotion on the basis of seniority subject to the
rejection of the unfit from amongst the permanent Senior Accounts
Clerks of the concerned Division:
|
|
|
|
Provided that if in any particular year sufficient number of
permanent Senior Accounts Clerks are not available for promotion,
the field of eligibility may be extended to include
Clerks-cum-Typists who have put in five years continuous service
on that post.
|
|
(4) |
Accountants
|
|
|
(5) |
Stenographer (Ordinary Grade)
|
By the direct recruitment.
|
|
(6) |
Stenographer (Selection Grade)
|
By promotion on the basis of seniority subject to the
rejection of the unfit from amongst permanent Stenographers
(ordinary grade).
|
### 6. Reservation for Scheduled Castes and other categories.
- Reservation for candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of the recruitment.
Part IV – Qualifications
--------------------------
### 7. Nationality.
- A candidate for direct recruitment to the service must be-
(a) a citizen of India; or
(b) a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India; or
(c) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India :
Provided that a candidate belonging to category 'B' or 'C' above, must be a person in whose favour a certificate of eligibility has been issued by the State Government :
Provided further that a candidate belonging to category 'B' will also be required to obtain a certificate of eligibility granted by the Deputy Inspector General of Police, Intelligence Branch, Uttar Pradesh :
Provided also that if a candidate belongs to category 'C' above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in service beyond the period of one year shall be subject to his acquiring Indian citizenship.
Note.-A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused may be admitted to an examination or interview and he may also be provisionally appointed subject to necessary certificate being obtained by him or issued in his favour.
### 8. Academic qualifications for direct recruitment.
(1) A candidate for direct recruitment to the post of Clerk-cum-Typists must have the qualifications prescribed in the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1975, and possess a speed of at least 25 words per minute in Hindi Typewriting.
(2) A candidate for the post of Stenographer (Ordinary Grade) must have passed the Intermediate examination of the Board of High School and Intermediate Education, Uttar Pradesh, or an examination recognised by the Government as equivalent thereto and must have a good working knowledge of Hindi written in Devnagri Script. He must also possess a speed of at least 80 words per minute in Hindi Shorthand and 30 words per minute in Hindi Typewriting.
### 9. Preferential qualifications.
- A candidate-
(i) who has served in the Territorial Army for a minimum period of two years, or
(ii) has obtained 'B' certificate of the National Cadet Corps, and
(iii) in case of Stenographer, has knowledge of English Shorthand and English Typewriting, shall, other things being equal, be given preference over other candidates in the matter of direct recruitment.
### 10. Age.
- A candidate for direct recruitment-
(i) to the post of Clerk-cum-Typist must be within the age-limits prescribed in the Subordinate Officers Ministerial Staff (Direct Recruitment), Rules, 1975, and
(ii) to the post of Stenographer must have attained the age of 21 years and must not have attained the age of more than 27 years on the first day of January of the year in which recruitment is to be made, if the posts are advertised during the period from January 1 to June 30 and on the first day July if the posts are advertised during the period from July 1 to December 31 :
Provided that the upper age limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and such other categories as may be notified by the Government from time to time shall be greater by such number of years as may be specified.
### 11. Character.
- The character of a candidate for direct recruitment to a post in the service must be such as to render him suitable in all respects for employment in Government service. The appointing authority shall satisfy itself on this point.
Note.-Persons dismissed by the Union Government or a State Government or by a local Authority or by a body or Corporation or Undertaking, owned or controlled by the Union Government or a State Government shall be ineligible for appointment to any post in the service. Persons convicted of an offence involving moral turpitude shall also be ineligible.
### 12. Marital Status.
- A male candidate who has more than one wife living or a female candidate who has married a man already having a wife living shall not be eligible for appointment to any post in the service :
Provided that the Governor may, if satisfied that there exist special grounds for doing so, exempt any person from the operation of this rule.
### 13. Physical fitness.
- No candidate shall be appointed to a post in the service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment, he shall be required to produce a medical certificate of fitness in accordance with the rules framed under Fundamental Rule 10 and contained in Chapter III of the Financial Hand Book, Volume II, Part III :
Provided that a medical certificate of fitness shall not be required from a candidate recruited by promotion.
Part V – Procedure for Recruitment
------------------------------------
### 14. Determination of vacancies.
- The Food Commissioner shall determine the number of vacancies in the various categories of posts which are required to be filled during the course of the year as also the number of vacancies to be reserved for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories under Rule 6. He shall intimate the vacancies of the particular district to the concerned appointing authority specifying the vacancies, if any, to be reserved as aforesaid. The appointing authority shall notify the vacancies in the posts of Clerk-cum-Typist to the Secretary of the District Selection Committee and the vacancies in the post of Stenographer to the Employment Exchange in accordance with the rules and orders for the time being in force.
### 15. Procedure for direct recruitment to the post of Clerk-cum-Typist.
- Recruitment to the post of Clerk-cum-Typist shall be made through the concerned District Selection Committee in accordance with the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1975 as amended from time to time.
### 16. Procedure for direct recruitment to the post of Stenographer (Ordinary Grade).
(1) For the purpose of recruitment to the post of Stenographer (Ordinary Grade) there shall be constituted a Selection Committee comprising :
(i) District Magistrate of the concerned District or an officer not below the rank of Deputy Collector nominated by him;
(ii) District Supply Officer;
(iii) Deputy Collector to be nominated by the District Magistrate.
(2) The Selection Committee shall scrutinize the applications and require the eligible candidates to appear in a competitive examination.
(3) After the marks obtained by the candidates in the written test have been tabulated the Selection Committee shall having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories in accordance with Rule 6, call for interview such number of candidates as on the result of the written examination, have come up to the standard fixed by the Committee in this respect. The marks awarded to each candidate in the interview shall be added to the marks obtained by him in the written test.
(4) The Selection Committee shall prepare a list of candidates in order of merit as disclosed by the aggregate of marks obtained by them in the written test and interview. If two or more candidates obtain equal marks, the candidates obtaining higher marks in the written test shall be placed higher in the list. The number of the names in the list shall be larger but not larger by more than 25 per cent of the number of vacancies.
Note.-The syllabus and the procedure for the competitive examination are given in Appendix 'A'.
### 17. Recruitment by promotion to the posts of Stenographer (Selection Grade), Senior Accounts Clerks, Head Clerks and Accountants.
(1) For the purpose of recruitment by the promotion a Selection Committee shall be constituted as follows :
(a) For the post of Stenographer (Selection Grade) :
(i) Food Commissioner or an Additional Food Commissioner nominated by him, and
(ii) Two other officers not below the rank of Deputy Commissioner, Food and Civil Supplies, nominated by the Food Commissioner.
(b) For other posts :
(i) Divisional Commissioner or an officer not below the rank of District Magistrate nominated by him.
(ii) Regional Food Controller and in his absence Deputy Regional Food Controller of the concerned region, and
(iii) District Supply Officer at the headquarters of the concerned division.
(2) The Food Commissioner shall prepare a list of eligible candidates arranged in order of seniority and place it before the Selection Committee along with their character-rolls and such other records pertaining to them, as may be considered proper.
(3) The Selection Committee shall consider the cases of the candidates on the basis of the records referred to in sub-rule (2) and if it considers it necessary, it may also interview any or all the candidates.
(4) The Selection Committee shall prepare a list of selected candidates arranged in order of seniority and forward the same to the appointing authority.
Part VI – Appointment, Probation, Confirmation and Seniority
--------------------------------------------------------------
### 18. Appointment.
(1) On the occurrence of substantive vacancies, the appointing authority shall make appointments by taking candidates in the order in which they stand in the lists prepared under Rule 15, 16 or 17, as the case may be.
(2) The appointing authority may make appointments in temporary and officiating vacancies also from the lists referred to in sub-rule (1). If no candidates borne on these lists is available, may make appointments in such vacancies from the persons eligible for appointment under these rules :
Provided that such ad hoc appointments to the post of Clerk-cum-Typist shall not be made for a period of more than six months or till the next selection, whichever is earlier and to other posts it shall not be made for a period exceeding one year or till the next selection whichever is earlier.
### 19. Probation.
(1) A person on appointment to a post in the service in or against a substantive vacancy shall be placed on probation for a period of two years.
(2) The appointing authority may for reasons to be recorded extend the period of probation in individual cases specifying the exact date up to which the extension is granted :
Provided that save in exceptional circumstances the period of probation shall not be extended beyond one year and in no case beyond two years.
(3) If it appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation, that a probationer has not made sufficient use of his opportunities or has otherwise failed to give satisfaction, he may be reverted to his substantive post, if any, or if he does not hold a lien on any post, his service may be dispensed with.
(4) A probationer who is reverted or whose services are dispensed with under sub-rule (3), shall not be entitled to any compensation.
(5) The appointing authority may allow continuous service rendered in an officiating or temporary capacity in a post included in the cadre of any other equivalent or higher post to be taken into account for the purpose of computing the period of probation.
### 20. Confirmation.
- A probationer shall be confirmed in his appointment at the end of period of probation or extended period of probation if his work and conduct have been found to be satisfactory, his integrity is certified and if the appointing authority is satisfied that he is otherwise fit for confirmation.
### 21. Seniority.
(1) A seniority list in respect of each category of posts in the service shall be maintained separately for each Division and a combined seniority list for the entire State shall also be maintained for the posts of Stenographers.
(2) Seniority in any category of posts in the service shall be determined from the date of substantive appointment and if two or more persons are appointed together from the order in which their names are arranged in the appointment order :
Provided that-
(i) the inter se seniority of persons directly appointed to the service shall be the same as determined at the time of selection, and
(ii) the inter se seniority of persons appointed to the service by promotion shall be the same as it was in the substantive post held by them at the time of promotion.
Note.-A directly recruited candidate may lose his seniority if he fails to join without valid reasons when a vacancy is offered to him. Whether the reasons in any particular case are valid or not shall be decided by the District Magistrate.
Part VII – Pay, etc.
----------------------
### 22. [Scales of pay]
[For Latest Pay Scale, please see Current G.O.]
.
(1) The scales of pay admissible to persons appointed to the various categories of posts in the service whether in a substantive or officiating capacity or as a temporary measure shall be such as may be determined by the Government from time to time.
(2) The scales of pay in force at the time of commencement of these rules are as follows :
| | | | |
| --- | --- | --- | --- |
|
|
Post
|
|
From 1st August, 1972 and from October, 1975
in the case of Stenographer (Selection Grade)
|
|
|
1
|
|
2
|
|
(1) |
Head Clerks
|
}
|
Rs. 250-7-285-E.B.-9-375--E.B.-10-425.
|
|
(2) |
Accountant
|
|
(3) |
Senior Accounts Clerk
|
|
Rs. 230-6-290-E.B.-9-335-E.B.-10-385.
|
|
(4) |
Clerk-cum-Typist
|
|
Rs. 200-5-250-E.B.-6-280-E.B.-8-320.
|
|
(5) |
Stenographer (Ordinary Grade)
|
|
Rs. 250-7-285-E.B.-9-375-E.B.-10-425.
|
|
(6) |
Stenographer (Selection Grade)
|
|
Rs. 300-8-340-E.B.-10-440-E.B.-12-500.
|
### 23. Pay during probation.
(1) Notwithstanding any provisions in the Fundamental Rules to the contrary, a person on probation, if he is not already in permanent Government service, shall be allowed to draw his first increment in the time scale when he has completed one year of satisfactory service and second increment after two years' service when he has completed the probationary period and is also confirmed :
Provided that if the period of probation is extended on account of failure to give satisfaction such extension shall not count for increment unless the appointing authority directs otherwise.
(2) The pay during probation of a person who was already holding a post under the Government, shall be regulated by the relevant Fundamental Rules :
Provided that if the period of probation is extended on account of failure to give satisfaction, such extension shall not count (for increment) unless the appointing authority directs otherwise.
(3) The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules, applicable to Government servants generally serving in connection with the affairs of the State.
### 24. Criteria for crossing efficiency bar.
(1) No Clerk-cum-Typist shall be allowed to cross-
(i) the first efficiency bar unless his work and conduct are found to be satisfactory, he possesses a minimum speed of 25 words per minute in Hindi Typewriting and unless his integrity is certified, and
(ii) the second efficiency bar unless he is found to have acquired good knowledge of rules and regulations of the Food and Civil Supplies Department, and has worked steadily and his work and conduct are found to be satisfactory and unless his integrity is certified.
(2) No senior Accounts Clerk/Head Clerk/Accountant shall be allowed to cross-
(i) the first efficiency bar unless his work and conduct are found to be satisfactory and unless his integrity is certified, and
(ii) the second efficiency bar unless his work and conduct are found to be satisfactory, he has acquired adequate knowledge of the rules and procedure having a bearing on his duties and unless his integrity is certified.
(3) No Stenographer shall be allowed to cross--
(i) the first efficiency bar unless his work and conduct are found to be satisfactory and unless his integrity is certified, and
(ii) the second efficiency bar unless work and conduct are found to be satisfactory and he can be depended upon for keeping the official secrets and unless his integrity is certified.
Part VIII – Other Provisions
------------------------------
### 25. Canvassing.
- No recommendations, either written or oral other than those required under these rules applicable to the post or service, will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature by other means will disqualify him for appointment.
### 26. Regulation of other matters.
- In regard to the matters not specifically covered by these rules or by special orders, persons appointed to the service shall be governed by rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State.
### 27. Relaxations from conditions of service.
- Where the State Government is satisfied that the operation of any rule regulating the conditions of service of persons appointed to the service causes undue hardship in any particular case, it may notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.
### 28. Saving.
- Nothing in these rules shall affect reservations and other concessions required to be provided for the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders issued from time to time in this regard.
Appendix 'A'
(Part V, Rule 5)
### 1. The subjects of the competitive test and the maximum marks of each subject for the post of stenographer shall be as follows : | | | |
| --- | --- | --- |
|
|
Written papers
|
Maximum Marks
|
|
|
1
|
2
|
|
1.
|
Shorthand (Hindi) |
100
|
|
2.
|
Type writing (Hindi) |
50
|
|
3.
|
Hindi Composition
|
50
|
|
|
Oral test
|
|
|
|
(a) Personality
|
25
|
|
|
(b) General knowledge and suitability
|
25
|
|
|
|
250
|
### 2. The test in Shorthand will consist of a passage in Hindi for five minute at the speed of 80 words per minute. One hour will be allowed for transcribing and typing the Shorthand record of dictation. The passage will be selected with a view to testing the candidate not only in their speed in Shorthand but also in their knowledge of good and idiomatic Hindi. No candidate will be considered to have qualified for employment whose percentage of errors exceeds 5 in the test. ###
3. The test in Hindi composition will be of two hours duration. Candidates will be required to write a letter or an essay on a subject.
|
65ba9109ab84c7eca86ec1f8 | acts |
Union of India - Act
----------------------
All India Council for Technical Education (Categorization of Standalone Institutions for Grant of Graded Autonomy) Guidelines, 2019
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UNION OF INDIA
India
All India Council for Technical Education (Categorization of Standalone Institutions for Grant of Graded Autonomy) Guidelines, 2019
=====================================================================================================================================
Rule ALL-INDIA-COUNCIL-FOR-TECHNICAL-EDUCATION-CATEGORIZATION-OF-STANDALONE-INSTITUTIONS-FOR-GRANT-OF-GRADED-AUTONOMY-GUIDELINES-2019 of 2019
-----------------------------------------------------------------------------------------------------------------------------------------------
* Published on 10 October 2019
* Commenced on 10 October 2019
All India Council for Technical Education (Categorization of Standalone Institutions for Grant of Graded Autonomy) Guidelines, 2019
Published vide Notification F. No. AICTE/P&AP/SIs/2019, dated 10.10.2019
Last Updated 16th October, 2019
F. No. AICTE/P&AP/SIs/2019. - The following is published for general information: -
Preamble. - Whereas All India Council for Technical Education (AICTE) is mandated to determine, promote and maintain the standards of higher education in Standalone Institutions;
Whereas, AICTE recognizes the need to create an enabling environment whereby Standalone Institutions can become institutions of global excellence;
Whereas, AICTE recognizes that autonomy is pivotal in promoting and institutionalizing excellence in higher education and that the regulatory framework needs to facilitate better performing institutions towards excellence in higher education.
AICTE earlier issued Gazette Notification titled "All India Council for Technical Education (Categorization of Standalone Institutions for Grant of Graded Autonomy) Regulations, 2019" on 18th January, 2019 in exercise of the powers conferred under sub-section (1) of section 23 read with section 10(b) (g) (i) (m) of the All India Council for Technical Education Act, 1987 and in supersession of these regulations, notifies the AICTE (Categorization of Standalone Institutions for Grant of Graded Autonomy) Guidelines, 2019". These guidelines are as follows: -
### 1. Short title, application and commencement.
- 1.1. These guidelines shall be called the All India Council for Technical Education (Categorization of Standalone Institutions for Grant of Graded Autonomy) Guidelines, 2019.
1.2
They shall apply to all Standalone Institutions conducting courses/programmes with the approval of AICTE as per AICTE Act, 1987.
1.3
They shall come into force from the date of their notification in the Official Gazette of India.
### 2. Definitions.
- In these guidelines, unless the context otherwise requires: -
2.1
"Accreditation" means the process of quality control in higher education, whereby, as a result of evaluation or assessment or by any other scientific method followed by recognized accreditation agencies, a Standalone Institution or programme(s) conducted therein is recognised as conforming to benchmarked parameters of academic quality;
2.2
"Assessment" means the process involved in ascertaining or verifying the capabilities of Standalone Institution in terms of its physical infrastructure, human resources (including faculty), administration, course curricula, admission and student evaluation procedures and governance structure prior to the commencement of its academic programmes;
2.3
"AICTE" means the All India Council for Technical Education as defined in the All India Council for Technical Education Act, 1987;
2.4
"Score" means the cumulative score as followed by the NBA or any other Assessment and Accreditation Agencies (AAA) recognized by the AICTE under relevant AICTE regulations, while granting accreditation;
2.5
"National Board of Accreditation (NBA) " means the body established by the AICTE to assess and accredit among others the Standalone Institutions in the country;
2.6
"Open & Distance Learning" mode means a mode of providing flexible learning opportunities by overcoming separation of teacher and learner using a variety of media, including print, electronic, online and occasional interactive face-to-face meetings with the presence of a Standalone Institution or Learner Support Services to deliver teaching-learning experiences, including practical or work experiences;
2.7
"Financial Times Global MBA Ranking" and "QS Global MBA Ranking means annual publication of rankings by Financial Times" (a UK based leading News Organization) Magazine and by QS Quacquarelli Symonds (a UK based leading global higher education company) respectively;
2.8
"Standalone Institutions" means those institutions which are not affiliated to any of the Universities, and imparting courses through regular or through Open and Distance Learning Systems, leading to Diploma, Post Diploma Certificate, Post Graduate Certificate and Post Graduate Diploma Levels in Management and allied areas, Computer Applications and Travel and Tourism with the approval of AICTE; Words and expressions used and not defined in these guidelines, but defined in the All India Council for Technical Education Act, 1987 and not consistent with these guidelines shall have the meanings respectively assigned to them in that Act.
### 3. Framework for Categorization of Standalone Institutions for Grant of Graded Autonomy.
- The AICTE shall categorize Standalone Institutions into following three categories i.e. Category-I, Category-II and Category-III based on the parameters laid down in sub-clauses (i) , (ii) and (iii) and as notified by the AICTE through the detailed guidelines from time to time.
3.1
Category-I Standalone Institution. - Standalone Institution shall be in Category-I if;
(i) a. The Institute is running 3 or less than 3 numbers of courses, then all the courses must be NBA accredited with a 75% or more score.
b. the institute is running 4 courses then at least 3 courses must be NBA accredited with a 75% or more score.
c. the institute is running 5 or more than 5 courses, say N number, then at least N-2 courses must be NBA accredited with a 75% or more score.
or
ii. the institute is ranked within the first 100 ranks in Global MBA Rankings in at least one of the ranking schemes viz., the Financial Times (FT) Global MBA Ranking or the QS Global MBA Ranking.
3.2
Category-II Standalone Institution. - Standalone Institution shall be in Category-II if
i. the Institute is running 3 or less than 3 courses, then all the courses must be NBA accredited with a 67.5% or more score.
ii. the institute is running 4 courses then at least 3 courses must be NBA accredited with a 67.5% or more score.
iii. the institute is running 5 or more than 5 courses, say N number, then at least N-2 courses must be NBA accredited with a 67.5% or more score.
3.3
Category-III Standalone Institution. - Standalone Institution shall be in Category-III if it does not come either under Category-I or Category-II.
### 4. Dimensions of Autonomy for Category-I Standalone Institutions.
- 4.1. Standalone Institutions shall be eligible for grants and no inspections by the AICTE shall be required for the same.
4.2
Standalone Institutions may start new courses/programmes in disciplines that form a part of its existing academic framework with the nomenclature of Diploma, Post Diploma Certificate, Post Graduate Certificate and Post Graduate Diploma in new and innovative areas that are relevant to local, national or international needs. However, information has to be uploaded in AICTE Web Portal and upon uploading the same; such courses shall be treated deemed to be recognized by AICTE. However, number of new courses and divisions shall not exceed the number of NBA Accredited courses in the given cycle and subject to maintaining all AICTE norms and standards. Fellow Programme shall not be in the ambit of Autonomy, which shall be approved by AICTE as per norms.
4.3
Standalone Institutions may start skill courses, consistent with the National Skills Qualification Framework, without approval of the AICTE, consistent with the approved nomenclature of AICTE.
4.4
Standalone Institutions may open research parks, incubation centres, institute society linkage centres, in self-financing mode, either on its own or in partnership with private partners, without approval of AICTE. However, in all such arrangements, the ownership of all immovable property and that component of movable property procured through the resources of the Institution shall remain with the Standalone Institution.
4.5
Standalone Institutions, subject to the Rules, Regulations and Guidelines of Government of India, may hire, without approval of the AICTE, foreign faculty having taught at any institution appearing in top five hundred (500) of any of the world renowned ranking frameworks, such as the Financial Times (FT) Global MBA Ranking or the QS Ranking, up to twenty percent over and above on their total sanctioned faculty strength. Standalone Institutions will have the freedom to hire foreign faculty on "tenure/contract" basis as per the terms and conditions approved by their Governing Council/Statutory bodies.
4.6
Standalone Institutions shall be free to admit foreign students on merit, subject to a maximum of twenty percent, over and above the strength of their approved domestic students. However, AICTE Norms, Standards and rules of Govt. of India such as Study in India are applicable in this regard.
4.7
Standalone Institutions, while following the pay scales as laid down by the AICTE, shall build in an incentive structure to attract talented faculty, with the condition that the incentive structure shall have to be paid from their own revenue sources and not from AICTE or Government funds. The such incentive structure shall be strictly merit based with clearly defined, transparent and objective criteria and shall not be universal. It must necessarily be approved by the Board of Governors of the Standalone Institution. The AICTE shall be informed about the incentive structure within thirty days of approval by the Board of Governors of the Standalone Institution.
4.8
Standalone Institutions may engage in academic collaborations with foreign institutions in the top 500 of Financial Times (FT) Global MBA Ranking or QS Ranking or top 200 of discipline specific ranking in Financial Times (FT) Global MBA Ranking or QS Ranking without approval of the AICTE.
4.9
Standalone Institutions may offer courses in the Open and Distance Learning mode, without approval of the AICTE, provided it satisfies all the norms and standards laid down by AICTE from time to time.
4.10
Standalone Institutions shall be exempted from annual monitoring of their institutions and learning resource centre(s) as stipulated under AICTE Approval Process Handbook (APH) as amended /modified from time to time, except when there is substantive evidence of their not meeting basic minimum criteria or of irregularities or malpractices.
4.11
In case there is any external review required by the AICTE under any statute or executive order, then it would be sufficient that the institution sends a report to the AICTE in a prescribed review format.
The institution should also mandatorily disclose the period of accreditation and its category status. Once the accreditation period is over, the status of autonomy automatically stands withdrawn unless institute gets itself accredited.
### 5. Dimensions of Autonomy for Category-II Standalone Institutions.
- 5.1. Standalone Institutions may start a new course/programme in disciplines that form a part of its existing academic framework without approval of the AICTE with the nomenclature of Diploma, Post Diploma Certificate, Post Graduate Certificate and Post Graduate Diploma in new and innovative areas that are relevant to local, national or international needs, with information to the AICTE. However, number of new courses and divisions shall not exceed number of NBA Accredited courses in the given cycle and subject to maintaining all AICTE norms and standards. Fellow Programme shall not be in the ambit of Autonomy, which shall be approved by AICTE as per norms.
5.2
Standalone Institutions may start skill courses, consistent with the National Skills Qualification Framework, without approval of the AICTE, consistent with the approved nomenclature of AICTE.
5.3
Standalone Institutions, subject to the Rules, Regulations and Guidelines of Government of India, may hire, without approval of the AICTE, foreign faculty having taught at any institution appearing in top five hundred of any of the world renowned ranking frameworks, such as the Financial Times (FT) Global MBA Ranking or the QS Ranking, up-to twenty percent over and above on their total sanctioned faculty strength. Standalone Institutions will have the freedom to hire foreign faculty on "tenure/contract" basis as per the terms and conditions approved by their Governing Council/Statutory bodies.
5.4
Standalone Institutions shall be free to admit foreign students on merit, subject to a maximum of twenty percent, over and above of the strength of their approved domestic students. However, AICTE Norms, Standards and rules of Govt. of India such as Study in India are applicable in this regard.
5.5
Standalone Institutions, while following the pay scales as laid down by the AICTE, shall build in an incentive structure to attract talented faculty, with the condition that the incentive structure shall have to be paid from their own revenue sources and not from AICTE or Government funds. The such incentive structure shall be strictly merit based with clearly defined, transparent and objective criteria and shall not be universal. It must necessarily be approved by the Board of Governors of the Institution. The AICTE shall be informed about the incentive structure within thirty days of approval by the Board of Governors of the Institution.
5.6
Mandatory disclosure of information & periodic review of autonomy:
Standalone institutions will adopt the AICTE Model Governance Structure and maintain utmost transparency in its functioning. All information relating to management, finance, tuition and other fees, data relating to intake/enrolment/placement and faculty shall be provided to AICTE as per its norms.
AICTE shall periodically review the functioning of Standalone Institutions which have been granted autonomy at least once in 5-years. The autonomy granted shall be contingent upon the principle of accountability and transparency and the accreditation as applicable should be valid for the entire duration of the course for which the students are admitted in each year.
The institution should also mandatorily disclose the period of accreditation and its category status. Once the accreditation period is over the status of autonomy automatically stands withdrawn unless institute gets itself accredited.
### 6. Change in Category of Standalone Institutions for non-maintenance of accreditation score or ranking as defined in Clause 3.
- 6.1. Standalone Institutions under Category-I and Category-II shall continue to be in their respective categories as long as they maintain the required parameters related to accreditation score or international ranking as defined in Clause 3, as the case may be, for that category.
6.2
It shall be incumbent upon Standalone Institution to intimate the AICTE, its changed status within thirty days of such a change.
6.3
If Standalone Institution fails to maintain status in a category and moves down to a lower category, it shall not be entitled to enjoy any privileges already accorded to it from the day of such downgrading:
Provided that any kind of initiatives taken under the privileges associated with erstwhile higher status shall be permitted to continue till their approved duration / logical conclusion, provided that the activity/action initiated has been communicated previously to the AICTE:
Provided further that if such Standalone Institution regains its earlier, higher status, the privileges of that higher category shall be restored from the day the status is changed.
6.4
All Standalone Institutions shall have to submit student's data on AICTE portal and must register at the National Academic Depository (NAD) .
6.5
In case it is not uploaded as above, the AICTE may not grant approval to the Institution for the next academic year or impose penalties as per Approval Process Handbook of AICTE.
### 7. Procedure for Categorization of Standalone Institutions.
- 7.1. The AICTE shall fix the dates (at least two times in a year, preferably 1st of June and 1st of December) by which an institution shall submit a request in prescribed format for categorization under these Regulations. The dates so fixed shall be notified at least three months in advance.
7.2
All such applications shall be scrutinized by the AICTE and orders on Categorization shall be passed within thirty days from the last date specified for the receipt of such applications. During this period, the Institution and the AICTE shall put both place such application on their websites.
### 8. Change in parameters/requirements, if any, for eligibility under Category-I or Category-II of Standalone Institutions.
- Whenever there is a change in the categorization parameters as detailed in Regulation (3) above, it shall be notified by the AICTE separately.
### 9. Mandatory Disclosure of Information & Periodic Review of Autonomy.
- Standalone institutions will adopt the AICTE Model Governance Structure and maintain utmost transparency in its functioning. All information relating to management, finance, tuition and other fees, data relating to intake/ enrolment/ placement and faculty shall be provided to AICTE as per its norms.
### 10. Graded Autonomy Guidelines vis-à-vis other Regulations.
- The provisions mentioned in the clause 4 and 5 of the guideline i.e. dimensions of autonomy for Category-I Standalone Institutions and Category-II Standalone Institutions, respectively, shall prevail in case of any inconsistent/conflicting provisions in the other AICTE Regulations.
### 11. All institutions will have to follow the Public Grievance Mechanism as notified by AICTE from time to time.
### 12. Removal of Difficulties.
- AICTE reserves the right to remove difficulty/difficulties in the course of implementation of these guidelines in consultation with the Government of India/ Ministry of Human Resource Development.
|
65ba0ba2ab84c7eca86ea8f1 | acts |
State of Andhra Pradesh - Act
-------------------------------
THE ANDHRA PRADESH (TELANGANA AREA) HORSE RACING AND BETTING TAX REGULATION, 1358 FASLI (ADAPTATION AND AMENDMENT) ACT, 2015
------------------------------------------------------------------------------------------------------------------------------
ANDHRA PRADESH
India
THE ANDHRA PRADESH (TELANGANA AREA) HORSE RACING AND BETTING TAX REGULATION, 1358 FASLI (ADAPTATION AND AMENDMENT) ACT, 2015
==============================================================================================================================
Act 17 of 2015
----------------
* Published on 8 October 2015
* Not commenced
AN ACT FURTHER TO AMEND THE ANDHRA PRADESH (TELANGANA AREA) HORSE RACING AND BETTING TAX REGULATION, 1358 FASLI.
Whereas, under section 101 of the Andhra Pradesh Re-organisation Act, 2014 (Central Act No.6 of 2014), the Government of Andhra Pradesh have issued orders, namely the Andhra Pradesh (Telangana Area) Horse Racing and Betting Tax Regulation, 1358 Fasli (Regulation No. XLIX of 1358 Fasli) and the rules made thereunder (Andhra Pradesh Adaptation) order 2015 in G.O.Ms.No.123, Revenue (CT-II) Department, Dated:08.04.2015 adapting the Andhra Pradesh (Telangana Area) Horse Racing and Betting Tax Regulation, 1358. Fasli (Regulation No.XLIX of 1358 Fasli) and the rules made thereunder with modifications for the purpose of facilitating their application in relation to the State of Andhra Pradesh;
And whereas, the provisions of section 101 of the said Act, 2014 contemplates the Legislature of the State to adapt with modification of the said regulation and the rules for giving effect to the said Order;
And whereas, accordingly it has been decided to amend the said Regulation by incorporating the amendments made in the said order in supersession of the said order;
Be it enacted by the Legislature of the State of Andhra Pradesh in the Sixty-sixth year of the Republic of India as follows:-
### 1. Short title and Commencement-
(1) This Act may be called the Andhra Pradesh (Telangana Area) Horse Racing and Betting Tax Regulation, 1358 Fasli (Adaptation and Amendment) Act, 2015.
(2) Sections 4 (ii), 5 and 6 shall come in to force with immediate effect, and the remaining sections shall be deemed to have come into force with effect from the 02.06.2014.
### 2. Amendment of Preamble (Regulation No. XLIX of 1358 Fasli)-
In the Andhra Pradesh (Telangana Area) Horse Racing and Betting Tax Regulation, 1358 Fasli (hereinafter referred to as the Principal Regulation), as adapted in the Preamble, in paragraph 2, the words “of the Telangana area” shall be omitted.
### 3. Amendment of Section 1-
In section 1 of the Principal Regulation,-
(i) in sub-section (1) the expression “(Telangana Area)” shall be omitted.
(ii) in sub-section (2) the words “of the Telangana area” and the word “military” shall be omitted.
### 4. Amendment of Section 2 -
In section 2 of the Principal Regulation,-
(i) in clause (b), for the words “for the Management thereof”, the words “for the management thereof and includes a person responsible for running centres displaying such races in Television or Off-Course Tote Centres”, shall be substituted.;
(ii) after clause (C), the following clause shall be inserted, namely:-
“(Ca) ” “race club” means a place where betting takes place upon a horse race, in an enclosure which the stewards controlling the horse race (or race meeting) have, with the sanction of the Government set apart for the purpose”.
(iii) in clause (d), after the words “ the precincts thereof ’’, the words
“and the centres displaying such races in Television or Off – Course Tote Centres”, shall be added;
(iv) after clause (e), the following new clause shall be added, namely:-
“(f) The centres displaying such races in Television or Off – Course Tote Centres shall mean the centres where the License book makers referred to in clause (c) under section 12 chapter II carries on the business or vocation of or acts as book makers or turf commission agent under a License or permit issued under the said clause”.
### 5. Insertion of new section 2-A-
After section 2 of the Principal Regulation, the following shall be inserted, namely,-
### 2A. (“Enrolment of a club and a licensed book maker).-
The Betting Tax Officer shall enroll a sanctioned race club and licensed book maker for the purpose of enforcement of this Act, in the manner prescribed”.
### 6. Insertion of new sections 9-A and 9-B- After section 9 of the Principal Regulation, the following shall be inserted, namely,-
### 9A. “Assessments.-
(1) Every Steward of a race meeting and every licensed book maker, shall in such manner as may be prescribed, furnish a certificate of audit of the accounts for every financial year, by 31st day of December subsequent to the financial year to which the statements are related, to the betting tax officer, along with other statements as may be prescribed duly certified by a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949; and any dealer who fails to furnish the same shall be liable for penalty of rupees one lakh or an amount equivalent to one-half percent of the total turnover relating to the relevant assessment year whichever is less.
(2) The Betting Tax Officer after verifying the statements filed as prescribed in sub-section (1) of this section, shall pass an assessment order.
(3) In any of the following events, namely, where the whole or any part of the turnover of a racing club or a licensed book maker has escaped assessment to tax, or has been under-assessed or assessed at a rate lower than the correct rate, or where the tax on payment on admission to race meetings has escaped levy or has been levied at a rate lower than the correct rate, the Betting Tax Officer may, after issuing a notice to the Manager of the Race meeting or Steward of the Race meeting or licensed book maker, and after making such enquiry as the Betting Tax Officer may consider necessary, by order, setting out the grounds there for –
(a) determine to the best of his judgment the turnover that has escaped assessment and assess the turnover so determined;
(b) assess the correct amount of tax payable on the turnover that has been under-assessed;
(c) assess at the correct rate the turnover that has been assessed at a lower rate;
(d) assess the correct amount of tax payable for admission to the race meetings.
(e) in addition to the tax assessed under the sub-section, the Betting Tax Officer may also direct the Manager or Steward of the Race meeting or licensed book maker to pay a penalty which shall not be less than 3 times but which may extend to 5 times the tax due in a case where the Betting Tax Officer is satisfied that the under declaration of tax was willful and in all other cases where such failure was not willful the penalty shall not exceed one half of the tax due.
### 9B. Revision.-
(1) The Commissioner of Commercial Taxes or the Joint Commissioner of Commercial Taxes may suo moto to call for and examine the record of any order passed or proceedings recorded by any authority, officer or person subordinate to him including the Betting Tax Officer, and if such order or proceeding recorded is prejudicial to the interest of revenue, may make such enquiry, or cause such enquiry to be made and subject to the provision of those Regulations, may initiate proceedings to revise, modify or set-aside such order or proceeding and may pass such order in reference thereto as the Betting Tax Officer thinks fit.
(2) Powers of the nature referred to under sub-section (1) may also be exercised by the Deputy Commissioner of Commercial Taxes in whose jurisdiction the Betting Tax Officer is discharging his duties.”
### 7. Amendment of section 11-
In section 11 of the Principal Regulation, for the expression “the Hyderabad Entertainment Tax Act, 1355 Fasli or the Andhra Pradesh (Telangana Area) District Municipalities Act, 1956 (Act XVIII of 1956) or the Andhra Pradesh Telangana Area District Boards Act, 1955 (Act 1 of 1956), the expression the Andhra Pradesh Entertainments Tax Act, 1939 (Act X of 1939), or the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) or the Andhra Pradesh (Andhra Area) District Boards Act, 1920 (Act XIV of 1920)”, shall be substituted.
### 8. Supersession of order, G.O.Ms.No.123, Dt.08.04.2015-
(1) The Andhra Pradesh (Telangana Area) Horse Racing and Betting Tax Regulation, 1358 Fasli and the rules made thereunder (Andhra Pradesh Adaptation) Order, 2015, is hereby superseded.
(2) On such supersession of the order under sub-section (1), the provision of section 8 of the Andhra Pradesh General Clauses Act, 1891(Act No.1 of 1891) shall apply.
|
65bad46aab84c7eca86ec920 | acts |
State of Jharkhand - Act
--------------------------
Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Act, 2018
----------------------------------------------------------------------------------------------
JHARKHAND
India
Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Act, 2018
==============================================================================================
Act 23 of 2018
----------------
* Published on 6 December 2018
* Commenced on 6 December 2018
Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Act, 2018
(Jharkhand Act
No. 23 of 2018
)
[Dated 6.12.2018.]
### 1. Short title, extent and commencement.
(1) This Act may be called the Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Act, 2018.
(2) It extends to the whole of the State of Jharkhand.
(3) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint.
### 2. In this Act, unless the context otherwise requires,
(a) "Competent authority" means any person or authority authorized by the State Government by notification in the Official Gazette, to perform the functions of the competent authority under this Act;
(b) "Corporation" means any body corporate established under any Jharkhand Act and includes
(i) A company formed and registered under the Companies Act, 2013; and
(ii) A company formed and registered under any law relating to companies formerly in force in any part of India;
(c) "Collector" means the Deputy Commissioner or any Deputy Collector of the district especially empowered by the State Government to perform all or any function of Collector under this Act.
(d) "Prescribed" means prescribed by rules made under this Act.
### 3. (1) Whenever it appears to State Government that it is necessary in the public interest that for the transport of water, gas or drainage from one place to another place, pipelines may be laid by the State Government, or, the corporation and that for the purpose of laying such pipelines, it is necessary to acquire the right of user (ROU) in any land under which such pipelines may be laid, it may, by notification in the Official Gazette, declare its intention to acquire the right of user there in.
(2) Every notification under sub-section (1) shall give a brief description of the land.
(3) The competent authority shall cause the substance of the notification to be published at such places and in such manner as may be prescribed.
### 4. (1) Any person interested in the land may, within thirty days from the date of the publication of notification under sub-section (1) of section 3, object to the laying of the pipelines under the land.
(2) Every objection shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard either in persons or by a legal practitioner and may, after hearing all such objections and after making such further inquiry, if any, as that authority thinks necessary, by order either allow or disallow the objections.
(3) Any order made by the competent authority under sub-section (2) shall be final.
### 5. (1) Where no objection under sub-section (1) of section 4 has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections under sub-section (2) of that section, that authority shall, as soon as may be, submit a report accordingly to the State Government and upon receipt of such report, the State Government shall declare, by notification in the Official Gazette, that the right of user in the land for laying the pipelines shall be acquired.
(2) On the publication of the declaration under sub-section (1), the right of user in the land shall vest absolutely in the State Government free from all encumbrances.
(3) Where in respect of any land, a notification has been issued under sub-section (1) of section 3, but no declaration under this section has been published within a period of one year from the date of that notification, that notification shall cease to have effect on the expiration of the said period.
(4) Notwithstanding anything contained in sub-section (2), the State Government may, on such terms and conditions as it may think fit, to impose, direct by order in writing that the right of user in the land for laying the pipelines shall, instead of vesting in the State Government, vest either on the date of publication of the declaration or, on such other date as may be specified in the order, in the Corporation, proposing to lay the pipelines and thereupon the right of such user in the land shall, subject to the terms and conditions so imposed, vest in that Corporation free from all encumbrances.
### 6. (1) (i)
Where the right of user in any land has vested in the State Government or, as the case may be, the Corporation under section 5, it shall be lawful for any person authorized by the State Government or, as the case may be, the Corporation and its servants and workmen
(a) to enter upon, survey and take levels of any land specified in the notification.
(b) to dig or bore into the sub-soil;
(c) to set out the intended line of work;
(d) to mark such levels, boundaries and line by placing marks and cutting trenches;
(e) where otherwise survey cannot be completed and levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crops, fence or jungle; and
(f) to do all other acts necessary to ascertain whether pipelines can be laid under the land;
Provided that while exercising any power under this section, such person or any servant or workman of such person shall cause minimum damage or injury as possible to such land.
Provided further that no pipelines shall be laid under -
(a) any land which, immediately before the date of the publication of notification under sub-section (1) of section 3, was used for residence purposes; or
(b) any land on which there stands any permanent structure which was in existence immediately before the said date, or
(c) any land which is appurtenant to a dwelling house; or
(d) any land at a depth which is less than one metre from the surface; and
(ii) Such land shall be used only for laying the pipelines and for maintaining examining, repairing, altering or removing any such pipelines or for doing any other thing necessary for any of the aforesaid purposes or for the utilization of such pipelines.
(2) If any dispute arises with regard to any matter referred to in sub-clause (b) or (c) of the second proviso to clause (i) of sub-section (1), the dispute shall be referred to the competent authority whose decision thereon shall be final.
### 7. For maintaining, examining, repairing, altering or removing any pipeline, or for doing any other thing necessary for the utilization of the pipelines or for the making of any inspection or measurement for any of the aforesaid purposes, any person authorized in this behalf by the State-Government or, as the case may be, the Corporation may, after giving reasonable notice to the occupier of the land under which the pipelines has been laid, enter therein with such workmen and assistants as may be necessary.
Provided that, where such person in satisfied that an emergency exists, no such notice shall be necessary.
Provided further that, while exercising any powers under this section, such person or any workmen or assistants of such person, shall cause as little damage or injury as possible to such land.
### 8. (1) The owner or occupier of the land with respect to which a declaration has been made under sub-section (1) of section 5, shall be entitled to use the land for the purpose for which such land was put to use immediately before the date of the notification under sub section (1) of section 3.
Provided that such owner or occupier shall not after the declaration under sub section (1) of section 5 -
(i) construct any building or any other structure;
(ii) construct or excavate any tank, well, reservoir or dam; or
(iii) Plant any tree, on that land.
(2) The owner or occupier of the land under which any pipeline has been laid shall not do any thing or permit any thing to be done which will or is likely to cause any damage in any manner whatsoever, to the pipeline.
(3) Where the owner or occupier of the land with respect to which a declaration has been made under sub-section (1) of section 5-
(a) constructs any building or any other structure, or
(b) constructs or excavates any well, tank, reservoir or dam, or
(c) Plants any tree, on that land, the Collector within the local limits of whose jurisdiction such land is situated may, on an application made to it by the competent authority and after holding such inquiry, as it may deem fit, cause the building, structure, reservoir, dam or tree to be removed or the well or tank to be filled up, and the costs of such removal or filling up shall be recoverable from such owner or occupier.
### 9. (1) Where in the exercise of the power conferred by section 6 or 7 by any person, any damage, loss or injury is sustained by any person interested in the land under which the pipeline is proposed to be, or is being, or has been laid, the State Government or, as the case may be, the Corporation shall be liable to pay compensation to such person for such damage, loss or injury, the amount of which shall be determined by the competent authority based on market value of the land.
(2) If the amount of compensation, determined by the competent authority under subsection (1) is not acceptable to either of the parties, the amount of compensation shall, on application by either of the parties to the Collector within the limits of whose jurisdiction the land or any part thereof is situated, be determined by that Collector.
(3) The competent authority or, as the case may be the Collector while determining the compensation under sub-section (1) or, as the case may be sub-section (2) shall, have due regard to the damage or loss sustained by any person interested in the land by reason of
(i) the removal of trees or standing crops, if any, on the land while exercising the powers under section 6 or as the case may be section 8;
(ii) the temporary severances of the land under which the pipeline has been laid from other lands belonging to or, in the occupation of such person, or
(iii) Any injury to any other property whether movable or immovable, or the earnings of such persons caused in any other manner.
Provided that in determining the compensation no account shall be taken of any structure or other improvement made in the land after the date of publication of the notification under sub-section (1) of section 3.
(4) Where the right of user of any land has vested in the State Government or, as the case may be, the Corporation it shall, in addition to the compensation, if any, payable under sub-section (1), be liable to pay to the owner and to any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such vesting, compensation calculated at ten percent, of the market value of that land on the date of the publication of the notification under sub-section (1) of section 3.
(5) The market value of the land on the said date shall be taken as in sub-section (1) of section 3 by the competent authority and if the value so determined by that authority is not acceptable either of the parties, it shall on application by either of the parties to the Collector, referred to sub-section (2) be determined by the Collector.
(6) The decision of the Collector under sub-section (2) or (5) shall be final.
### 10. (1) The amount of compensation determined under Section 9 shall be deposited by the State Government or, as the case may be the Corporation, with the competent authority within such time and in such manner as may be prescribed.
(2) If the amount of compensation is not deposited within the time prescribed under sub-section (1), the State Government or, as the case may be, the Corporation, shall be liable to pay interest thereon at the rate of nine percent, if the amount of compensation is deposited within one year after the period prescribed under subsection (1) and at the rate of fifteen percent, if the amount of compensation is deposited after the expiry of the said one year.
(3) As soon as may be after the compensation has been deposited under sub section (1), the competent authority shall, on behalf of the State Government or, as the case may be, the Corporation pay the compensation to the persons entitled thereof.
(4) Where several persons claim to be interested in the amount of compensation deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the compensation and the amount payable to each of them.
(5) If any dispute arises as the apportionment of the compensation or any part thereof or as to the persons to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the Collector within the limits of whose jurisdiction the land or any part thereof is situated and the decision of the Collector thereon shall be final.
### 11. The Collector and the competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely :-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document,
(c) reception of evidence on affidavits.
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witness.
### 12. (1) No suit, prosecutions or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or notification made or issued there under.
(2) No suit or other legal proceeding shall lie against the State Government, Corporation or, as the case may be, the competent authority for any damage, loss or injury caused or likely to be caused by anything which is in good faith done or intended to be done pursuance of this Act or any rules or notification made or issued there under.
### 13. No civil court shall have jurisdiction in respect of any matter which the Collector or, as the case may be the competent authority is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or proposed to be taken in pursuance of any power conferred by or under this Act.
### 14. (1) Whoever willfully obstructs any person in doing any of the acts authorized under section 6 or as the case may be, section 7 or willfully fills up destroys, damages or displaces any trench or mark made under section 6 or willfully does anything prohibited under the provision to sub-section (1) of section 8, shall be punishable with imprisonment which may extend to six months or fine or both.
(2) Whoever willfully removes, displaces, damages or destroys any pipeline laid under section 6, shall be punishable with rigorous imprisonment for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine.
### 15. Not withstanding anything contained in the Code of Criminal Procedure, 1973 an offence falling under sub-section (2) of section 14 shall be deemed to be cognizable within the meaning of that Code,
### 16. (1) The State Government, by notification in the Official Gazette, will continue the framed rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such framed rules will provide for all or any of the following matters, namely :-
(a) the places at which and the manner in which the substance of the notification may be published under sub-section (3) of section 3;
(b) the time within which and the manner in which the amount of compensation shall be deposited under sub-section (1) of section 10,
(3) All rules made under this section shall be laid for not less than thirty days before the State legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
(4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.
### 17. The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force relating to the acquisition of land.
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65ba82b0ab84c7eca86ebd0c | acts |
Union of India - Act
----------------------
Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011
---------------------------------------------------------------------------------------------------------------------------------
UNION OF INDIA
India
Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011
=================================================================================================================================
Act 3 of 2011
---------------
* Published on 11 May 2009
* Commenced on 11 May 2009
Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011
(Act
No. 3 of 2011
)
Last Updated 31th October, 2019
[Dated 11.5.2009]
No. 1-1/Combination Regulations/2011-12/CD/CCI. - In exercise of the powers conferred by sub-section (1) and clauses (b), (c) and (f) of sub-section (2) of section 64 read with sub-sections (2) and (5) of section 6 of the Competition Act, 2002 (
12 of 2003
), the Competition Commission of India hereby makes the following regulations, namely: -
### 1. Short title and commencement.
(1) These regulations may be called the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011.
(2) They shall come into force on 1st day of June, 2011.
### 2. Definitions.
(1) In these regulations, unless the context otherwise requires: -
(a) "Act" means the Competition Act, 2002 (
12 of 2003
) as amended from time to time;
(b) "Combination" means and includes combination as described in section 5 of the Act and any reference to combination in these regulations shall mean a proposed combination or the combined entity, if the combination has come into effect, as the case may be;
(c) "Commission" means the Competition Commission of India established under subsection (1) of section 7 of the Act;
(d) "Director General" means the Director General appointed under sub-section (1) of section 16 of the Act and includes any Additional, Joint, Deputy or Assistant Directors General appointed under the said section;
(e) "Enterprise" shall mean "enterprise" as defined in clause (h) of section 2 of the Act;
(f) "Parties to the combination" means persons or enterprises entering into the combination and shall include the combined entity if the combination has come into effect;
(g) "Secretary" means the Secretary appointed under sub-section (1) of section 17 of the Act and includes an officer of the Commission authorized by the Chairperson to function as Secretary.
(2) For the purposes of these regulations, reference to "days" shall mean calendar days unless otherwise specified in these regulations or the Act.
(3) Words and expressions used but not defined in these regulations shall have the same meanings respectively as assigned to them in the Act or the rules or regulations framed thereunder or in the Companies Act, 2013 (
[18 of 2013
)]
[Substituted 'Companies Act, 1956 (1 of 1956)' by Notification F. No. CCI/CD/Amend/Comb.Regl./2018, dated 9.10.2018.]
.
### 3. Power to determine procedure in certain circumstances.
- In a situation not provided for in these regulations or the Competition Commission of India (General) Regulations, 2009, the Commission may determine the procedure, in specific matters, if so required.
### 4. Categories of transactions not likely to have appreciable adverse effect on competition in India.
- In view of the duty cast upon the Commission under section 18 and powers conferred under section 36 of the Act, and having regard to the mandate given to the Commission to, inter- alia, regulate combinations which have caused or are likely to cause appreciable adverse effect on competition in terms of sub-section (1) of section 6 of the Act, it is clarified that since the categories of combinations mentioned in Schedule I are ordinarily not likely to cause an appreciable adverse effect on competition in India, notice under sub-section(2) of section 6 of the Act need not normally be filed.
### 5. Form of notice for the proposed combination.
(1) Any enterprise which proposes to enter into a combination shall give notice of such combination to the Commission in accordance with sub-section (2) of section 6 of the Act and these regulations.
(2) The notice under sub-section(2) of section 6 of the Act, shall ordinarily be filed in Form I as specified in schedule II to these regulations, duly filled in, verified and accompanied by evidence of payment of requisite fee by the parties to the combination.
(3) Notwithstanding anything contained in sub-regulation (2) and without prejudice to the provisions of sub-regulation (5), the parties to the combination may, at their option, give notice in Form II, as specified in schedule II to these regulations, preferably in the instances where-
(a) the parties to the combination are engaged in production, supply, distribution, storage, sale or trade of similar or identical or substitutable goods or provision of similar or identical or substitutable services and the combined market share of the parties to the combination after such combination is more than fifteen percent (15%) in the relevant market ;
(b) the parties to the combination are engaged at different stages or levels of the production chain in different markets, in respect of production, supply, distribution, storage, sale or trade in goods or provision of services, and their individual or combined market share is more than twenty five percent (25%) in the relevant market.
(3A)
[ The parties to the combination shall give notice in Form I or Form II, as the case may be, in accordance with the notes to Form I and Form II issued by the Commission and published on its official website, from time to time.]
[Inserted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
(4) Where in the course of inquiry, it is found by the Commission that it requires additional information, the Commission may direct the parties to the combination to file such additional information:
Provided that the time taken by the parties to the combination in filing such additional information shall be excluded from the period provided in [sub-section (2A) of section 6 of the Act,]
[Inserted by Notification F. No. CCI/CD/Amend/Comb.Regl./2018, dated 9.10.2018.]
sub-section (11) of section 31 of the Act and sub-regulation (1) of regulation 19 of these regulations.
(5) Having due regard to the provisions of sub-regulations (2) and (4), in cases where the parties to the combination have filed notice in Form I and the Commission requires information in Form II to form its prima facie opinion whether the combination is likely to cause or has caused appreciable adverse effect on competition within the relevant market, it shall direct the parties to the combination to file notice in Form II as specified in schedule II to these regulations:
Provided that the fee already paid by the parties to the combination while filing notice in Form I shall be reduced from the fee payable for filing notice in Form II:
Provided further that the time period mentioned in sub-section (2A) of section 6 of the Act, sub-section (11) of section 31 of the Act and sub-regulation (1) of regulation 19 of these regulations shall commence from the date of receipt of notice in Form II.
(6) If the requisite details are not available for any of the columns in Form I or Form II, the date on which they may be submitted should be clearly indicated against those columns, by the parties to the combination:
Provided that the time taken by the parties to the combination to submit the requisite details shall be excluded from the period provided in [sub-section (2A) of section 6 of the Act,]
[Inserted by Notification F. No. CCI/CD/Amend/Comb.Regl./2018, dated 9.10.2018.]
sub-section (11) of section 31 of the Act and sub-regulation (1) of regulation 19 of these regulations.
(7) The reference to the "board of directors" in clause (a) of sub-section (2) of section 6 of the Act, shall mean and include,-
(a) the individual himself or herself including a sole proprietor of a proprietorship firm;
(b) the karta in case of a Hindu Undivided Family (HUF);
(c) the board of directors in case of a company registered under the [\*\*\*];
[Omitted 'Companies Act, 1956' by Notification F. No. CCI/CD/Amend/Comb.Regl./2018, dated 9.10.2018.]
(d) in case of a corporation established by or under any Central, State or Provincial Act [\*\*\*]
[Omitted 'or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956)' by Notification F. No. CCI/CD/Amend/Comb.Regl./2018, dated 9.10.2018.]
or an association of persons or a body of individuals, whether incorporated or not, in India or outside India or anybody corporate incorporated by or under the laws of a country outside India or a cooperative society registered under any law relating to cooperative societies or a local authority, the person or the body so empowered by the legal instrument that created the said bodies;
(e) in the case of a firm, the partner(s) so authorized;
(f) in the case of any other artificial juridical person not falling within any of the preceding sub- clauses, by that person or by some other person competent to act on his behalf.
(8) The reference to the "other document" in clause (b) of sub-section (2) of section 6 of the Act shall mean any binding document, by whatever name called, conveying an agreement or decision to acquire control, shares, voting rights or assets :
Provided that if the acquisition is without the consent of the enterprise being acquired, any document executed by the acquiring enterprise, by whatever name called, conveying a decision to acquire control, shares or voting rights shall be the "other document":
Provided further that where such a document has not been executed but the intention to acquire is communicated to [\*\*\*]
[Words 'the Central Government or State Government or' omitted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
a Statutory Authority, the date of such communication shall be deemed to be the date of execution of the other document for acquisition.
(9) Where, in a series of steps or individual transactions that are related to each other, assets are being transferred to an enterprise for the purpose of such enterprise entering into an agreement relating to an acquisition or merger or amalgamation with another person or enterprise, for the purpose of section 5 of the Act, the value of assets and turnover of the enterprise whose assets are being transferred shall also be attributed to the value of assets and turnover of the enterprise to which the assets are being transferred.
### 5A. [ Notice for approval of combinations under Green Channel.
[Inserted by Notification F. No. CCI/CD/Amend/Comb. Regl./2019, dated 13.8.2019.]
(1) For the category of combination mentioned in Schedule III, the parties to such combination may, at their option, give notice in Form I pursuant to regulation 5 along with the declaration specified in Schedule IV.
(2) Upon filing of a notice under sub-regulation (1) and acknowledgement thereof, the proposed combination shall be deemed to have been approved by the Commission under sub-section (1) of section 31 of the Act:
Provided that where the Commission finds that the combination does not fall under Schedule III and/or the declaration filed pursuant to sub-regulation (1) is incorrect, the notice given and the approval granted under this regulation shall be void ab initio and the Commission shall deal with the combination in accordance with the provisions contained in the Act:
Provided further that the Commission shall give to the parties to the combination an opportunity of being heard before arriving at a finding that the combination does not fall under Schedule III and/or the declaration filed pursuant to sub-regulation (1) is incorrect.]
### 6. Filing of details of acquisition under sub-section (5) of section 6 of the Act.
(1) The details of acquisition by a public financial institution, foreign institutional investor, bank or venture capital fund, pursuant to any covenant of a loan or investment agreement, shall be filed without any fee in Form III, along with a certified copy of the loan agreement or investment agreement referred to in sub-section (5) of section 6 of the Act.
(2) The duly filled in and verified Form III, along with [one copy]
[Substituted 'two copies' by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
and electronic version thereof, shall be delivered to the Commission at the address published on its official website.
(3) Without prejudice to the provisions of the Act, where details of acquisition filed in Form III under sub-regulation (1) are received in the Commission beyond the time limit mentioned in subsection (5) of section 6 of the Act, the Commission may admit such details of acquisition in Form III.
### 7. Belated notice.
- Where a notice filed in Form I or Form II under sub-regulations (2) or (3) of regulation 5 of these regulations is received in the Commission beyond the time limit mentioned in sub- section (2) of section 6 of the Act, the Commission may, without prejudice to other provisions including that of section 43A of the Act, admit such notice.
### 8. Failure to file notice.
(1) Where the parties to a combination fail to file notice under sub-section (2) of section 6 of the Act, the Commission may under sub-section (1) of section 20 of the Act, upon its own knowledge or information relating to such combination, inquire into whether such a combination has caused or is likely to cause an appreciable adverse effect on competition within India.
(2) Where the Commission decides to commence an inquiry, referred to in sub-regulation (1), the Commission, without prejudice to any penalty which may be imposed or any prosecution which may be initiated under this Act, shall direct the parties to the combination to file notice [in Form I or Form II, as decided by the Commission.]
[Substituted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
(3) The notice, referred to in sub-regulation (2), shall be filed, within 30 days of receipt of communication from the Commission, by the parties to the combination.
### 9. Obligation to file the notice.
(1) In case of an acquisition or acquiring of control of enterprise(s), the acquirer shall file the notice in Form I or Form II, as the case may be, which shall be duly signed by the person(s) as specified under regulation 11 of the Competition Commission of India (General) Regulations, 2009.
Provided that in case of a company, apart from the persons specified under clause (c) of sub-regulation (1) of regulation 11 of the Competition Commission of India (General) Regulations, 2009, Form I or Form II may also be signed by [any person duly authorised by the board of directors of the company for the said purpose]
[Substituted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
.
(2) In case the enterprise is being acquired without its consent, the acquirer shall furnish such information as is available to him, in Form I or Form II, as the case may be, relating to the enterprise being acquired:
Provided that all information required to be filed, relating to the enterprise being acquired shall be filed with the Commission within fifteen days from filing of the notice and in case the acquirer is not in a position to furnish all the required information in Form I or Form II, as the case may be, relating to the enterprise being acquired, the Commission may direct the enterprise being acquired to furnish such information as it deems fit and the time taken by the parties to the combination or the acquired enterprise, as the case may be, in furnishing the required information including document(s) shall be excluded from the period provided in [sub-section (2A) of section 6 of the Act,]
[Inserted by Notification F. No. CCI/CD/Amend/Comb.Regl./2018, dated 9.10.2018.]
sub-section (11) of section 31 of the Act and sub-regulation (1) of regulation 19 of these regulations.
(3) In case of a merger or an amalgamation, parties to the combination shall jointly file the notice in Form I or Form II, as the case may be, duly signed by the person(s) as specified under regulation 11 of the Competition Commission of India (General) Regulations, 2009.
Provided that in case of a company, apart from the persons specified under clause (c) of sub-regulation (1) of regulation 11 of the Competition Commission of India (General) Regulations, 2009, Form I or Form II may also be signed by [any person duly authorised by the board of directors of the company for the said purpose.]
[Substituted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
(4) Where the ultimate intended effect of a business transaction is achieved by way of a series of steps or smaller individual transactions which are inter-connected or inter-dependent on each other, one or more of which may amount to a combination, a single notice, covering all these transactions, [shall be filed by the parties]
[Substituted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
to the combination.
(5) The requirement of filing notice under regulation 5 of these regulations shall be determined with respect to the substance of the transaction and any structure of the transaction(s), comprising a combination, that has the effect of avoiding notice in respect of the whole or a part of the combination shall be disregarded.
### 10. Obligation to pay the fee.
(1) The person or enterprise filing notice under regulation 5 or regulation 8 of these regulations shall pay the fee as specified under regulation 11 of these regulations.
(2) Where the notice is filed jointly, the fee shall be payable jointly or severally,
### 11. Amount of Fee.
- The amount of fee payable alongwith the notice in Form I or Form II, as the case may be, shall be as under:-
(a) where the notice is filed in Form I, the fee payable shall be [rupees twenty lakh (Rs. 20,00,000) only;]
[Substituted 'rupees fifteen lakhs (Rs. 15,00,000) only;' by Notification F. No. CCI/CD/Amend/Comb. Regl./2019(2) , dated 30.10.2019.]
(b) where the notice is filed in Form II, the fee payable shall be [rupees sixty five lakh (Rs. 65,00,000) only.]
[Substituted 'rupees fifty lakhs (Rs. 50,00,000) only;' by Notification F. No. CCI/CD/Amend/Comb. Regl./2019(2) , dated 30.10.2019.]
### 12. Mode of payment.
- The fee may be paid either by tendering demand draft or pay order or banker's cheque, payable in favour of the Competition Commission of India (Competition Fund), New Delhi or through Electronic Clearance Service (ECS) by direct remittance to the Competition Commission of India (Competition Fund), Account No. 1988002100187687 with "Punjab National Bank, Bhikaji Cama Place, New Delhi- 110066".
### 13. Procedure for filing notice.
(1) The duly filled in and verified notice under regulation 5 or regulation 8 of these regulations along with [one copy]
[Substituted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
and an electronic version thereof shall be delivered to the Commission at the address published on its official website.
[Provided that if the parties to the combination request confidentiality of information or document(s) under sub-regulation (1) of regulation 30 of these regulations, such request may be filed as per the procedure laid down in the Competition Commission of India (General) Regulations, 2009, along with a duly filled in public version of the notice and an electronic version thereof.]
[Inserted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
(1A)
[ A summary of the combination, not containing any confidential information, in not more than 1000 words, comprising details regarding: (a) name of the parties to the combination; (b) the nature and purpose of the combination; (c) the products, services and business(es) of the parties to the combination; and (d) the respective markets in which the parties to the combination operate, shall be filed for the purpose of publishing the same on the website of the Commission.]
[Substituted by Notification F. No. CCI/CD/Amend/Comb. Regl./2019, dated 13.8.2019.]
[\*\*\*]
[Omitted '(1B)' by Notification F. No. CCI/CD/Amend/Comb. Regl./2019, dated 13.8.2019.]
(2) All responses or other documents required to be filed before the Commission consequent to the filing of the notice under regulation 5 or regulation 8 of the these regulations shall also be filed as per the procedure contained in sub-regulation (1).
Provided that for the purposes of this regulation, the Secretary may through public announcement inform the procedure for electronic filing , increase or decrease the number of copies or vary the format in which the electronic version is to be filed.
### 14. Scrutiny of notice.
(1) The notice filed under regulation 5 or regulation 8 of these regulations shall not be valid [unless it is complete and]
[Substituted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
in conformity with these regulations.
(2) The Secretary shall issue an acknowledgement of the receipt of notice.
(2A)
[ Notwithstanding anything contained in sub-regulation (2) , the Commission may, after recording reasons, invalidate a notice filed under regulation 5 or regulation 8 of these regulations when it comes to the knowledge of the Commission that such notice is not valid as per sub-regulation (1) and, in that case, the Secretary shall convey the decision of the Commission to the parties to the combination within [seven working days]
[Inserted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
of such decision of the Commission.]
(3) Where the information or document(s) contained in the notice under regulation 5 or regulation 8 of these regulations or any response filed pursuant to these regulations [is incomplete in any respect, the parties to the combination may]
[Substituted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
be asked to remove such defect(s) or furnish the required information including document(s).
(4) The Secretary shall place the proof of service of communication as referred to in sub- regulation (3) to the parties to the combination on record.
(5) The parties shall comply with the directions as referred to in sub-regulation (3) within the time specified by the Commission and in the case of the notice filed under regulation 5 the time taken by the parties in removing such defects or furnishing the required information including document(s) shall be excluded from the period provided in [sub-section (2A) of section 6 of the Act,]
[Inserted by Notification F. No. CCI/CD/Amend/Comb.Regl./2018, dated 9.10.2018.]
sub-section (11) of section 31 of the Act and sub-regulation (1) of regulation 19 of these regulations.
(6) In case the parties fail to remove the defects or fail to furnish the required information including documents(s), within the time specified, the notice filed under regulation 5 or regulation 8 of these regulations shall not be treated as a valid notice.
### 15. Computation of time limit.
- Subject to the provisions of these regulations, the time period under sub-section (11) of section 31 of the Act shall commence from the date of receipt of notice, in writing, filed under regulation 5 of these regulations.
### 16. Intimation of any change.
(1) The parties to the combination having filed a notice under regulation 5 or regulation 8 of these regulations, shall inform the Commission of any change in the information provided in the notice to the Commission at the earliest during the continuation of the proceedings under the Act.
(2) The Secretary shall place the information relating to any change in the notice before the Commission not later than the third working day of its receipt in the Commission.
(3) The Commission shall assess the significance of the information relating to that change and, if satisfied, take on record the information received.
(4) Where the Commission is of the view that the change is likely to affect the factors for the determination of the appreciable adverse effect on competition significantly, it may, after giving an opportunity of being heard and after recording reasons, treat the notice already filed as not valid.
(5) Where the Commission has held a notice to be not valid under sub-regulation (4), the Secretary shall convey the decision of the Commission to the parties to the combination within [seven working days]
[Substituted 'seven days' by Notification F. No. CCI/CD/Amend/Comb.Regl./2018, dated 9.10.2018.]
of the decision of the Commission,
Provided that no additional fee shall be payable if a notice is filed again by the parties to the combination for the same transaction within a period of thirty days from the date of communication of the decision of the Commission.
### 16A. [ Withdrawal and refiling of notice.
[Inserted by Notification F. No. CCI/CD/Amend/Comb.Regl./2018, dated 9.10.2018.]
(1) At any time prior to the issuance of notice under sub-section (1) of section 29 of the Act, the Commission may on the request of the parties to the combination allow withdrawal and refiling of the notice given under regulation 5 or regulation 8 of these regulations.
(2) In case of withdrawal of notice under sub-regulation (1), the fee already paid in respect of such notice shall be adjusted against the fee payable in respect of new notice given by the parties to the combination provided the new notice is given within three months from the date of withdrawal.]
### 17. Termination of proceedings.
- The proceedings under this Act relating to the combinations shall be terminated upon, -
(a) receiving an intimation from the person(s) or enterprise(s) who filed the notice to the effect that the proposed combination will not take effect;
(b) passing of an order by the Commission under section 31 of the Act.
[Provided that if the approval of the Commission is conditional upon the parties to the combination carrying out modification to the combination, the proceedings shall terminate upon acceptance of the compliance report by the Commission under regulation 26 of these regulations.]
[Inserted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
### 18. Mode of service of notice(s) , etc.
- Save as otherwise provided in the Act or in these regulations, the service of any notice excluding the notice under sub-section (2) of section 6 of the Act, or intimation to any person or enterprise under these regulations shall be effected in the manner as provided in regulation 22 of the Competition Commission of India (General) Regulations, 2009 or by electronic transmission as considered appropriate by the Commission.
### 19. Prima facie opinion on the combination.
(1) The Commission shall form its prima facie opinion under sub - section (1) of section 29 of the Act, on the notice filed in Form I or Form II, as the case may be, as to whether the combination is likely to cause or has caused an appreciable adverse effect on competition within the relevant market in India, within [thirty working days]
[Substituted 'thirty days' by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
of receipt of the said notice.
(2) [ Before the Commission forming an opinion under sub-section (1) of section 29 of the Act, the parties to the combination may offer modification to the combination and on that basis, the Commission may approve the proposed combination under sub-section (1) of section 31 of the Act:
Provided that where modification is offered by the parties to the combination, the additional time, not exceeding fifteen days, needed for evaluation of the offered modification, shall be excluded from the period provided in sub-regulation (1) of this regulation, sub-section (2A) of section 6 of the Act and sub-section (11) of section 31 of the Act.]
[Substituted by Notification F. No. CCI/CD/Amend/Comb.Regl./2018, dated 9.10.2018.]
(3) Where the Commission deems it necessary, it may call for information from any other enterprise while inquiring as to whether a combination has caused or is likely to cause an appreciable adverse effect on competition in India.
[Provided that the time taken in obtaining the information from such enterprise(s) shall be excluded from the time, not exceeding fifteen working days, provided in sub-regulation (1) of this regulation.]
[Inserted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
### 20. Calling for a report from the Director General.
(1) After receipt of the response to the notice to show cause from the parties to the combination under sub-section (1) of section 29 of the Act, the Commission may decide to call for a report from the Director General under sub-section (1A) of section 29 of the Act within the time as specified by the Commission.
(2) The Secretary shall convey the direction of the Commission under sub-regulation (1) to the Director General, along with copy of the notice filed by the parties to the combination with all other documents, materials, affidavits, statements, which have been filed or are otherwise available with the said notice, the notice to show cause to the parties to the combination and response of the parties to the same.
### 21. Report by the Director General.
(1) The Director General shall include in his report the basis of having reached the conclusions therein together with all evidences or documents or statements collected during the investigation and analysis thereof;
(2) Two copies of the report of the Director General duly signed on each page by the Director General, or his authorized officer, along with an electronic version in document format, shall be forwarded to the Secretary within the time specified by the Commission:
Provided that the Secretary may increase or decrease the number of copies of the report and may permit electronic transmission of the same.
### 22. Publication of the details of the combination.
(1) Where the Commission under sub-section(2) of section 29 of the Act is of the prima facie opinion that the combination has caused or is likely to cause appreciable adverse effect on competition within the relevant market in India, the Secretary shall, within four working days of such decision convey the direction of the Commission to the parties to the combination, to publish the details of the combination within ten working days of the date of such direction:
(2) The details of combination shall be published by the parties in Form IV, as specified in Schedule II to these regulations.
(3) The parties shall submit the details of combination to be published under sub-regulation (2) to the Commission before its publication and the Commission may host the same on its official website
(4) The details of the combination to be published under sub-regulation (2) shall, also be hosted by the parties on the websites of their respective enterprises not later than the time specified in sub-regulation (1).
(5) The parties shall publish the details of the combination under sub-regulation (2), not later than the time specified in sub-regulation (1), in all India editions of four leading daily newspapers including at least two business newspapers.
### 23. Proof of publication.
- The parties to the combination shall submit copies of publication, referred to in regulation 22, to the Secretary, not later than the fifteenth day of the direction of the Commission for publication of the details of the combination.
### 24. Appearance of the parties before the Commission.
- Where the Commission deems it necessary to give an opportunity of being heard to the parties to the combination before deciding to deal with the case in accordance with the provisions contained in section 31 of the Act, the Secretary shall convey its directions to the said parties, to appear before it by giving a notice of such period as directed by the Commission.
### 25. Modification to the proposed combination.
(1) Where the Commission is of the opinion that combination has or is likely to have appreciable adverse effect on competition but such adverse effect can be eliminated by suitable modification to such combination, it may propose appropriate modification to the combination to the parties to such combination.
(1A)
[ Along with their response to the notice issued under sub-section (1) of section 29 of the Act, the parties to the combination may offer modification to address the prima facie concerns in the said notice and on that basis, the Commission may approve the proposed combination under sub-section (1) of section 31 of the Act:
Provided that in such a case, the additional time, not exceeding fifteen days, needed for evaluation of the modification offered, shall be excluded from the period provided in sub-section (2A) of section 6 of the Act, sub-section (2) of section 29 of the Act and subsection (11) of section 31 of the Act.]
[Inserted by Notification F. No. CCI/CD/Amend/Comb.Regl./2018, dated 9.10.2018.]
(2) Where the parties to the combination have accepted the modification proposed by the Commission under sub-section (3) of the section 31 of the Act or the Commission agrees with the amendment to the proposed modification by the parties and approves the combination under sub-section (7) of section 31 of the Act or the parties, in terms of the provisions of subsection (8) of section 31 of the Act, accept the modification proposed by the Commission under sub-section (3) of section 31 of the Act, the parties to the combination shall carry out such modification as per the terms and conditions and within the period as may be specified by the Commission and submit an affidavit to that effect.
(3) Where the parties accept the modification proposed by the Commission under sub- section (3) of section 31 of the Act or the Commission agrees with the amendment submitted by the parties under sub-section (6) of section 31 of the Act, it shall by order, approve the combination.
(4) If the parties to the combination fail to accept the modification proposed by the Commission within the time referred to in sub-section (6) of section 31 of the Act or within a further period referred to in sub-section (8) of section 31 of the Act, the combination shall be deemed to have an appreciable adverse effect on competition and be dealt with in accordance with the provisions of the Act.
### 26. Compliance by the parties for carrying out modification.
(1) The modification referred to in regulation 25 of these regulations shall be carried out by the parties to the combination within the period as may be specified by the Commission.
(2) The parties to the combination shall, upon completion of modification, file a compliance report for the actions required for giving effect to the combination before the Secretary within seven days of such completion.
(3) In case the parties to the combination fail to file the compliance report under sub- regulation (2), the Secretary shall place the matter of such non-compliance before the Commission for appropriate directions.
### 27. Appointment of independent agencies to oversee modification.
- [(1) Where the Commission is of the opinion that the implementation of the modifications to the proposed combination needs supervision, it may appoint agencies to oversee such implementation, on such terms and conditions as may be determined by the Commission.]
[Substituted by Notification F. No. CCI/CD/Amend/Comb.Regl./2018, dated 9.10.2018.]
(2) The agencies appointed under sub-regulation (1) shall be independent of the parties to the combination having no conflicts of interest. Such independent agencies referred to in this regulation may include an accounting firm, management consultancy, law firm, any other professional organization, or part thereof, or independent practitioners of repute.
(3) The agencies appointed under sub-regulation (1) shall carry out the responsibilities as specified by the Commission from time to time.
(4) The agencies appointed under sub-regulation (1) shall submit a report to the Commission upon completion of each of the actions required for carrying out the modification.
(5) The payment to the agencies appointed under sub-regulation (1) shall be made by the parties to the combination by depositing it with the Commission or as may be directed by the Commission.
### 28. Orders of the Commission.
(1) Where the Commission is of the opinion that the combination has, or is likely to have, an appreciable adverse effect on competition in the relevant market in India, it shall pass an order under sub-section (2) of section 31 of the Act that the combination shall not take effect.
(2) Where the Commission is of the opinion that the combination does not or is not likely to have an appreciable adverse effect on competition, it shall pass an order under sub- section (1) of section 31 of the Act, approving the combination.
(3) Where the Commission approves the combination with modification, the order of the Commission approving the combination shall specify the terms, conditions and the time- frame for all the actions required for giving effect to the combination.
(4) Where the parties to the combination fail to carry out the modification accepted by them within the stipulated time limit, the Commission shall issue appropriate directions.
(5) The Secretary shall communicate to the parties to the combination, the decision of the Commission under sub-regulation (1) or (2) or (3) or (4) within seven days of such decision.
(6) Having due regard to the provisions contained in sub-section (11) of section 31 of the Act, the Commission shall endeavour to pass an order or issue direction in accordance with sub-section (1) or sub-section (2) or sub-section (7) of section 31 of the Act within one hundred and eighty days of filing of the notice under sub-section (2) of section 6 of the Act.
(7) Subject to the provisions of section 57 of the Act, and regulation 30 of these regulations, the orders passed by the Commission under section 31 of the Act shall be published on its website.
### 29. [Omitted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2014]
### 30. Request for confidentiality.
(1) Any request for confidentiality of information or documents submitted during the investigation shall be duly considered having due regard to the procedure laid down in the Competition Commission of India (General) Regulations, 2009, as amended from time to time.
(2) The request under sub-regulation (1) [shall clearly state]
[Substituted 'may, inter alia, clearly state' by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
the reasons, justification and implications for the business of the parties to the combination so that all relevant factors may be considered by the Commission while taking decision in the matter.
(3) [ The parties requesting for confidentiality shall file an affidavit as specified in regulation 42 of the Competition Commission of India (General) Regulations, 2009 stating that the conditions prescribed in regulation 35 of the Competition Commission of India (General) Regulations, 2009 are satisfied.]
[Inserted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
### 31. Filing of notice under sub-section (2) of section 6 of the Act.
- The notice referred to in sub-section (2) of section 6 of the Act would be applicable as follows:
(a) for mergers or amalgamations referred to in clause (c) of section 5 of the Act, notice to be filed only in regard to proposals approved by the board of directors on or after the 1st day of June , 2011; and
(b) for acquisitions referred to in clause (a) of section 5 of the Act or acquiring of control referred to in clause (b) of section 5 of the Act, notice need to be filed only, where binding document(s) is executed, on or after the 1st day of June, 2011
Explanation. - Approval of board of directors under clause (a) of this regulation refers to the final decision of the board of directors.
### 32. Overriding effect.
- The provisions of these regulations shall have effect in all matters relating to combinations notwithstanding anything inconsistent therewith contained in any other regulations framed under the Act.
### 33. Power to Issue directions.
- Having regard to the provisions of the Act, the Commission may, from time to time, in discharge of its duties, issue general or sector specific directions, guidelines, clarifications or circulars for regulation of combinations.
### 34. Cooperation with other agencies or statutory authorities.
- Where the Commission deems fit, it may seek opinion of any other agency or statutory authority in relation to a combination.
### 35. Removal of difficulty.
- In the matter of implementation of the provisions of these regulations, if any doubt or difficulty arises, the same shall be placed before the Commission and the decision of the Commission thereon shall be final and binding.
I
---
(1) An acquisition of shares or voting rights, referred to in sub-clause (i) or sub-clause (ii) of clause (a) of section 5 of the Act, solely as an investment or in the ordinary course of business in so far as the total shares or voting rights held by the acquirer directly or indirectly, does not entitle the acquirer to hold twenty five per cent (25%) or more of the total shares or voting rights of the company, of which shares or voting rights are being acquired, directly or indirectly or in accordance with the execution of any document including a share holders? agreement or articles of association, not leading to acquisition of control of the enterprise whose shares or voting rights are being acquired.
(1A)
An acquisition of additional shares or voting rights of an enterprise by the acquirer or its group, not resulting in gross acquisition of more than five per cent (5%) of the shares or voting rights of such enterprise in a financial year, where the acquirer or its group, prior to acquisition, already holds twenty five per cent (25%) or more shares or voting rights of the enterprise, but does not hold fifty per cent (50%) or more of the shares or voting rights of the enterprise, either prior to or after such acquisition:
Provided that such acquisition does not result in acquisition of sole or joint control of such enterprise by the acquirer or its group.
(2) An acquisition of shares or voting rights, referred to in sub-clause (i) or sub-clause (ii) of clause (a) of section 5 of the Act, where the acquirer, prior to acquisition, has fifty percent (50%) or more shares or voting rights in the enterprise whose shares or voting rights are being acquired, except in the cases where the transaction results in transfer from joint control to sole control.
(3) An acquisition of assets, referred to in sub- clause (i) or sub-clause (ii) of clause (a) of section 5 of the Act, not directly related to the business activity of the party acquiring the asset or made solely as an investment or in the ordinary course of business, not leading to control of the enterprise whose assets are being acquired except where the assets being acquired represent substantial business operations in a particular location or for a particular product or service of the enterprise, of which assets are being acquired, irrespective of whether such assets are organized as a separate legal entity or not.
(4) An amended or renewed tender offer where a notice to the Commission has been filed by the party making the offer, prior to such amendment or renewal of the offer:
Provided that the compliance with regulation 16 relating to intimation of any change is duly made.
(5) An acquisition of stock-in-trade, raw materials, stores and spares, trade receivables and other similar current assets in the ordinary course of business.
(6) An acquisition of shares or voting rights pursuant to a bonus issue or stock splits or consolidation of face value of shares or buy back of shares or subscription to rights issue of shares, not leading to acquisition of control.
(7) Any acquisition of shares or voting rights by a person acting as a securities underwriter or a registered stock broker of a stock exchange on behalf of its clients, in the ordinary course of its business and in the process of underwriting or stock broking, as the case may be.
(8) An acquisition of shares or voting rights or assets, by one person or enterprise, of another person or enterprise within the same group, except in cases where the acquired enterprise is jointly controlled by enterprises that are not part of the same group.
(9) A merger or amalgamation of two enterprises where one of the enterprises has more than fifty per cent (50%) shares or voting rights of the other enterprise, and/or merger or amalgamation of enterprises in which more than fifty per cent (50%) shares or voting rights in each of such enterprises are held by enterprise(s) within the same group:
Provided that the transaction does not result in transfer from joint control to sole control.
(10) [Acquisition of shares, control, voting rights or assets by a purchaser approved by the Commission pursuant to and in accordance with its order under section 31 of the Act.]
[Inserted by the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2015.]
II
----
[Form I]
[Substituted by Notification F. No. CCI/CD/Amend/Comb. Regl./2019, dated 13.8.2019.]
Registration No: (to be assigned by the Competition Commission of India)
Information required to be filled in by the notifying party(ies) Part I – Basic information
----------------------------
### 1. Information about each of the party to the combination: 1.1
Legal names of parties to the combination and their role:
1.2
Legal status of the parties to the combination (Company/Firm/LLP/Trust etc.):
1.3
Jurisdiction of incorporation/formation:
1.4
Registration number (if applicable):
1.5
Complete registered address / principal business address:
1.6
Name of the person signing on behalf of the parties to the combination and his contact details (email address, telephone number, mobile number, including country/city/area code):
1.7
Complete address and contact details in India:
1.8
Website address:
1.9
Relevant 4-digit National Industrial Classification of the activities of the parties to the combination:
1.10
Date of pre-filing consultation, if any:
Part II – Payment of fee
--------------------------
[See clause (a) of Regulation 11]
### 2. Particulars of fee deposited. Part III – Authorisation regarding communication
--------------------------------------------------
### 3. Name, complete address and contact details of Individual(s) in India who is authorised to receive communication(s) on behalf of the notifying party(ies). Part IV – Meeting the thresholds
----------------------------------
[See section 5 of the Act]
### 4. Details of assets and turnover of the parties to the combination in the format given below: | | | |
| --- | --- | --- |
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Name of the Parties
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Assets (as on \_\_\_\_)
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Turnover (for FY\_\_\_\_\_\_)
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In India (INR crore)
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Worldwide
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In India (INR crore)
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Worldwide
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USD (million) |
INR (crore) |
|
USD (million) |
INR (crore) |
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Party 1
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|
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Party 2
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Combined
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Part V – Description of the combination
-----------------------------------------
### 5. Describe the combination by providing information regarding the following: 5.1
Scope of the combination notified pursuant to sub-section (2) of section 6 of the Act (with reference to relevant clause under the agreement(s), as applicable):
5.1.1
. Details of acquisition or merger or amalgamation, as the case may be, with reference to relevant clause of section 5;
5.1.2
. Any other transaction(s) that is/are inter-connected, in terms of sub-regulation (4) and / or (5) of regulation 9 of these regulations; and
5.1.3
. Right(s) acquired or arising out of or in connection with the transaction(s) referred to at 5.1.1 and 5.1.2 above.
5.2
Step(s) to give effect to the combination, along with timelines for each step(s) of the combination.
5.3
Economic and strategic purpose (including business objective and rationale for each of the parties to the combination and the manner in which they are intended to be achieved) of the combination.
5.4
Value of the proposed combination.
5.5
Foreign investment as a result of the combination (FDI, FPI, etc., if any, in INR) and country(ies) of origin.
5.6
Filing requirements and its status in jurisdictions other than India.
5.7
Non-compete obligation, if any: Duration, scope in terms of persons, product(s) / service(s) and territory(ies) and corresponding justification.
5.8
Any other relevant information related to the combination.
Part VI – Activities of parties to the combination and sector overview
------------------------------------------------------------------------
### 6. Details about each of the parties to the combination: 6.1
Name of the group to which the parties to the combination belong.
6.2
For each of the parties to the combination, details regarding the following:
6.2.1
Entities in India and the presence in India (for example, sales office, factory, liaison office, branch office, franchise or through any entity from outside India, etc.);
6.2.2
Trade name(s) , business name(s) and the brand name(s) used in India; and
6.2.3
Overview of activities worldwide and in India, as applicable.
6.3
List/details of the products (manufactured, supplied, distributed, and/or sold) and/or services provided by the parties to the combination.
6.4
Horizontal Overlaps State as to whether the parties to the combination and/or their respective group entities, directly or indirectly, produce/provide similar or identical or substitutable products or services, considering all plausible alternative(s) :
| | |
| --- | --- |
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Yes
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{|
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| No
|
| |
| --- |
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|-
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|}
If the answer is yes, furnish the following information [information shall be furnished for each of the plausible alternative relevant market]:
6.4.1
. Details of the overlapping products/ services and the relevant product and relevant geographic market, considering all plausible alternative(s) , alongwith explanation for accepting and rejecting each of the plausible alternative of relevant product and relevant geographic market;
6.4.2
. Estimate, indicating the relevant source and the basis of estimate, the total size of the market for last three years, in terms of value of sales (in rupees) and volume (units) ;
6.4.3
. Sales in value (in rupees) and volume (units) along with an estimate of the market share(s) of each of the parties to the combination (including their relevant group entities), for the last three years; and
6.4.4
. Name and contact details of the five largest competitors (along with their market shares for last three years), customers and suppliers.
6.5
Vertical and Complementary Activities : State as to whether any of the parties to the combination and/or their respective group entities, directly or indirectly, are engaged in: any activity relating to the production, supply, distribution, storage, sale and service or trade in products or provision of services which is at different stages or levels of the production chain in which any other party to the combination is involved, considering all plausible alternative(s) ; and/or any complementary activities:
| | |
| --- | --- |
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Yes
|
{|
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| No
|
| |
| --- |
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|-
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|}
If the answer is yes, furnish the following information [information shall be furnished for each the plausible alternative relevant market]:
6.5.1
. Details of the upstream and downstream activities or the complementary activities, as the case may be, and the relevant product and relevant geographic markets, considering all plausible alternative(s) , along with explanation for accepting and rejecting each of the plausible alternative of relevant product and relevant geographic market;
6.5.2
. Market size for the last three years for relevant product and/or services;
6.5.3
. Market share of each of the parties to the combination (including their relevant group entities) for relevant product and/or services for the last three years;
6.5.4
. Market share of five largest competitors for relevant product and services for the last three years; and
6.5.5
. Existing supply arrangements between the parties to the combination along with volume and value of transactions, during the previous financial year and percentage of such sales/consumption of the respective parties in relation to the total sales/consumption in each of the market(s) .
6.6
Whether any of the parties to the combination or any of their group entities has direct or indirect shareholding and/or control over another enterprise(s) engaged in: (a) production, distribution or trading of similar/ identical/ substitutable products or provision of similar/ identical/ substitutable services; and/or (b) any activity relating to the production, supply, distribution, storage, sale and service or trade in products or provision of services which is at different stages or levels of the production chain in which any other party to the combination is involved; and/or (c) complementary activities. If yes, provide details and necessary information as per Item 6.1 to 6.5 above.
6.7
Brief overview of the sector(s) in which the parties to the combination operate. If parties to the combination are engaged in identical, similar, supplementary or complementary businesses, also provide a brief description of the market structure; regulatory framework; recent entry and exit; and any other relevant information, relating to concerned businesses.
6.8
If any of the parties to the combination was a party to any proceeding before the Commission under or pursuance to any provision of the Act or before other competition authority(ies) , during the last five years, provide details of said proceeding(s).
Part VII – Green Channel
--------------------------
[See Regulation 5A]
### 7. Whether the notice for the proposed combination is under Green Channel: | | |
| --- | --- |
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Yes
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{|
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| No
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| --- |
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|-
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|}
Part VIII – Attachments
-------------------------
### 8. Attach the following documents: 8.1
Authorisation for signing the notice (refer item 1.6 above).
8.2
Acknowledgement for payment of fees to the Commission (refer item 2 above).
8.3
Authorisation for receiving communication (refer item 3 above).
8.4
Annual report of the parties to the combination, for the preceding financial year.
8.5
Summary of the combination in terms of sub-regulation (1A) of regulation 13 of these regulations.
8.6
Chart depicting shareholding/extent of ownership and voting right (if different from ownership pattern) along with details of control, prior to and after the combination, of: (a) the parties to the combination starting from their ultimate parent entity and controlling shareholder(s); and (b) for the enterprises, whose structure, ownership and control will be directly or indirectly affected by the combination.
8.7
Copy of approval or agreement/documents as referred to in sub-section (2) of section 6read with regulation 5 of these regulations.
8.8
Documents, material (including reports, studies, plan, latest version of other documents), etc. considered by and/or presented to the board of directors and/or key managerial person of the parties to the combination and/or their relevant group entities, in relation to the proposed combination.
8.9
If the notice for the proposed combination is under Green Channel, declaration in terms of Schedule IV.
Declaration
The notifying party confirms that it has furnished all the information and documents as required in Form- I, read with notes thereto.
The notifying party declares and confirms that all information given in this Form and all pages annexed hereto are true, correct and complete to the best of its knowledge and belief, and that all estimates are identified as such and are its best estimates based on the underlying facts.
Signed by or on behalf of the notifying party
Signature(s) Name (in block letters):
Designation:
Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
[In case there are more than one notifying parties, each party may use the same format.]
Form II
{See Regulation 5(2) }
Form of Filing Notice with the Competition Commission of India under Sub-Section (2) of Section 6 of the Competition Act, 2002
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Registration No. (To be assigned by the
Competition Commissionof India)
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### 1. Summary of combination - 1.1 Give a brief statement about rationale, objectives, strategy and the likely impact of the combination. 1.2
Provide an executive summary of the proposed combination specifying: (a) the parties to the combination; (b) the nature of the combination; (c) the areas of activities of the parties to the combination; (d) the market(s) (including its structure and state of competition) in which the combination will have or is likely to have an impact; (e) information with reference to sub-section (4) of Section 20 of the Competition Act, 2002; (f) expected timeframe for completion of various stages of the Combination.
### 2. Purpose of the combination - 2.1 What are the business objectives of the combination and how are these intended to be achieved? 2.2
Describe the economic rationale of the combination and its impact on the economy, market(s) and consumers.
### 3. Details of payment - 3.1 Amount of fee deposited (provide proof) Amount (in Rs.): 3.2
Mode of payment: (Demand Draft/Banker?s Cheque/ECS)
Number:
Date:
Drawn on:
Bank Identification and Code No.:
### 4. Personal Details. - First applicant Legal name of combining party:
Name of the person signing in terms of regulation 8 (enclose documentary proof of eligibility for signing the notice, in terms of regulation 8):
Son/Daughter of:
Principal Business address:
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City:
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Country:
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Postal/Zip code:
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Telephone no.:
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Country code:
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City/Area code:
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Mobile no.:
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Fax no.:
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Country code:
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City/Area code:
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E-mail address:
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Website address:
(in case there are more applicants, use the same format for additional applicants)
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### 5. Provide details (in the format in paragraph 4) of an individual located in India, who is authorized to receive communications on behalf of each of the notifying party(s) regarding this notice and related proceedings. ###
6. Details about the combination. - 6.1 Please specify the part, sub-clause and clause of section 5 of the Act under which the combination falls.
6.2
Describe the nature of the combination being notified with the following details:
(a) State the exact number of shares or voting rights and percentage of shares or voting rights being acquired, directly or indirectly, by the acquirer including number of shares or voting rights and their percentage held prior to such acquisition. Whether such acquisition of shares or voting rights, directly or indirectly, leads to control or may lead to control at a later date? Explain.
(b) Provide details and value of assets being acquired. Whether such acquisition of assets, directly or indirectly, leads to control or may lead to control at a later date? Explain.
(c) Provide details of series of constituent transactions leading to the combination and the sequence {including date(s)} in which they are likely to occur.
### 7. Supporting document. - 7.1 Furnish date(s) of approval of the proposal relating to merger or amalgamation by the board of directors of the enterprise(s) concerned referred to in clause (a) of sub-section (2) of section 6 of the Act and/or other document executed in relation to the acquisition or acquiring of control referred to in clause (b) of sub-section (2) of section 6 of the Act. Attach copies of such board resolution or the agreement/other document. 7.2
Furnish copies of (a) analysis, reports, studies or surveys or any other document taken into account for the purpose of assessing the impact of the combination by the parties to the combination and/or (b) final version of any document(s) prepared or commissioned by the parties to the combination or considered by the board of directors, for the purposes of evaluating or assessing or analyzing the combination with respect to market shares, competition, competitors (actual or potential), markets, potential for sales growth or expansion of products or geographic markets, rationale of the combination and indicate (if not contained in the document itself) the date of preparation, and the name and title of each individual who prepared such document(s).
7.3
Copies of memorandum and articles of association of all the parties to the combination.
7.4
Furnish copies of the most recent annual reports and accounts of:
(a) in case of an acquisition of an enterprise(s) under sub-section (a) of Section 5 of the Act, the acquiring enterprise(s) and the enterprise(s) being acquired (by way of acquisition of control, shares, voting rights or assets); or
(b) in case of an acquisition under sub-section (b) of Section (5) of the Act, the enterprise acquiring control; enterprise whose control is being/has been acquired; and the enterprise in which the acquirer already has direct or indirect control which is engaged in similar or identical or substitutable product(s)/service(s); or
(c) in case of merger or amalgamation under sub-section (c) of Section 5 of the Act, all the parties to such merger or amalgamation.
7.5
List of holders of five percent or more of voting rights or shares, directly or indirectly, of the parties to the combination.
7.6
List names of CEO/CFO/directors/partners/trustees/person in charge/persons acting in concert during the last one year. Also provide recent detailed organizational chart of each of the combining parties.
### 8. Information about the size of the Combination. - 8.1 How do the parties to the combination meet the criteria for filing notice, in terms of assets /turnover given under section 5 of the Act and the notification thereunder? 8.2
Furnish the following details, as per audited annual accounts of immediately preceding two financial years, separately, for all the parties to the combination:
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Name of enterprise(s) |
Year
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Value of assets
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Aggregate Turnover
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In India (Rs. In crore)
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Worldwide (US$ in Million).
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In India (Rs. In crore)
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Worldwide (US$ in Million).
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8.3
Furnish the following details for the current financial year, separately, for all the parties to the combination):
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Name of enterprise(s) |
Year
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Value of assets
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Aggregate Turnover
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In India (Rs. In crore)
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Worldwide (US$ in Million).
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In India (Rs. In crore)
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Worldwide (US$ in Million).
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8.4
Aggregate for the proposed Combination. - Furnish the following details as per last audited annual accounts of the immediately preceding financial year. If annual accounts for the immediate preceding financial year are not audited, furnish the following details as per the last audited annual accounts as well as for the subsequent financial years:
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Value of Assets
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Aggregate Turnover
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For the proposed combination
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For the financial year immediately preceding the
date of notice
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For the current financial year, for the
completed calendar quarters till the date of notice
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For the financial year immediately preceding the
date of notice
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For the current
financial year, for the completed calendar quarters till the date
of notice
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In India (Rupees in crore) (as per audited
accounts) (mention year)
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Worldwide (US$ in million) (as per audited
accounts) (mention year)
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In India (Rupees in crore) (as per unaudited
accounts) (mention year)
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Worldwide (US$ in million) (as per unaudited
accounts) (mention year)
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8.5
Furnish the following details in case of a group, to which the entity whose control, shares, assets or voting rights have been acquired or are being acquired would belong to or the entity remaining after the merger or the entity created as a result of amalgamation would belong to after acquisition/merger/amalgamation, as the case may be, namely:
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Value of Assets
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Aggregate Turnover
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Group
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For the financial year immediately preceding the
date of notice
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For the current financial year, the
completed calendar quarters till the date of notice
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For the financial year immediately preceding the
date of notice
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For the current
financial year, the completed calendar quarters till the date
of notice
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In India (Rupees in crore) (as per audited
accounts)
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Worldwide (US$ in billion) (as per audited
accounts)
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In India (Rupees in crore) (as per unaudited
accounts)
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Worldwide (US$ in billion) (as per unaudited
accounts)
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### 9. Ownership and Control. - 9.1 Furnish a list of all the enterprises belonging to the same group for each of the parties to the combination and list all the enterprise(s) controlling the parties to the combination, directly or indirectly, along with the nature and means of control. 9.2
Whether the party to the combination, either singly or jointly, directly or indirectly control the affairs or management of another entity or group? If yes, please furnish the following:
(a) details of enterprise(s) exercising control and enterprise(s) whose affairs are being controlled;
(b) form and manner in which the control is exercised; and
(c) details of common directors/partners/coparceners/trustees.
9.3
Whether the parties to the combination and another enterprise or group referred to at 9.1 and 9.2 above, are engaged in production, distribution or trading of similar or identical or substitutable products or provision of similar/identical/substitutable services? If yes, provide following details:
(a) names of similar or identical or substitutable products or services; and
(b) market share of each of the products or services mentioned in (a) above, prior to and after the combination.
9.4
Whether any of the parties to the combination is engaged in any activity relating to the production, supply, distribution, storage, sale and services or trade in products or provision of services which is at different stages or levels of production chain in which any other party to the combination is involved? If yes, provide details.
9.5
Furnish details of the intended structure of ownership and control of the acquired enterprise(s) /acquirer enterprise(s)/combined enterprise(s) after completion of the combination.
### 10. Details about the products or services. - 10.1 Furnish the following details: (a) Provide separately the products (manufactured and/or sold) or services of the parties to combination.
(b) Characteristics and end use of products or services (Attach current selling aids and promotional material of the concerned products or services).
(c) Do the parties to combination produce/provide similar or identical or substitutable products or services, discussing specifically whether the parties to combination are engaged in any business activities in the same relevant market?
(d) Market shares of the similar or identical or substitutable products or services of the parties to combination and also of rivals/competitors for similar or identical or substitutable products or services.
(e) Details of in-house consumption (both in terms of quantity and value), if any.
(f) Existence/availability of other specialised producers/suppliers. (Submit documents that identify specialised producers/suppliers or discuss the competitive position of specialised producers/ suppliers).
(g) Industrial classification of products or services. (Submit documents sufficient to show how the parties to combination classify and sell their products).
10.2
Are there any regulations/laws/rules/procedures/official press notes/directions/ notifications, etc. which restrict production, supply, distribution of the similar or identical or substitutable products or services of
the parties to the combination? (Submit documents sufficient to demonstrate such restraints).
10.3
Are the similar or identical or substitutable products or services subject to local specifications prescribed by government/departments/authorities? If yes, provide details. (Submit documents and material sufficient to describe any specifications with which the parties to combination must comply).
10.4
Are there any licensing/registration requirements to set up facilities for production/supply of the similar or identical or substitutable products or services? Does their production/supply require any special technical knowledge that is not readily available?
10.5
Are there any Government procurement policies which offer special dispensation to the parties to combination or their competitors? (Attach sufficient documents/material).
10.6
How important/significant are "distribution facilities" of the similar or identical or substitutable products or services? Furnish details of your distribution channels and service networks (for example maintenance and repair) along with the ones that exist in the market. (Submit documents or material sufficient to show the location of all distribution facilities and any strategic plans or maps relating to distribution system of each similar or identical or substitutable product or service).
10.7
Whether the product can be transported? If yes, what are the possible modes of transportation? What is the unit cost of transportation per kilometre? What is the ratio of transportation cost to the sale price? (Submit documents sufficient to show shipping or transportation costs incurred in the distribution of the similar or identical or substitutable products or services).
10.8
State and explain (in your opinion) the scope of relevant product and relevant geographic market in relation to the proposed combination. Also provide a list of products and/or services which, in your opinion, may not fall within the scope of relevant market as mentioned above, but may pose competitive constraints.
10.9
Furnish the following :
(a) the manner in which the parties to combination produce, price and sell the product and/or service in the relevant market. Also submit documents pertaining to price lists, pricing plans, pricing policies,pricing strategies, pricing analysis and pricing decisions for the previous two years as well as pricing forecast, of the parties to the combination relating to the relevant products and/or services.
(b) details of prices of product and/or services in the relevant market relating to major competitors and imports , if any, during the last two years. (Attach copies of price- lists, along with the analysis, if any).
10.10
What, in your opinion, is the minimum viable scale (which means the smallest amount of production at which the average cost equals the price currently charged for the relevant product or services), the minimum and optimum plant size, capacity utilization rate, production volume and all factors required to attain any available cost savings? Provide details with supporting documents.
### 11. Information on the Market Structure (Demand and Supply Structure, Market Entry and Innovation) 11.1
Provide an estimate (indicate the relevant source and basis of estimate) of the total size of the market in terms of value of sales (in rupees) and volume (units) of identical/substitutes/similar products or services produced/distributed/supplied in India. Also provide name and contact details of five largest competitors (along with market shares), customers and suppliers.
11.2
Provide details with regard to sales in value (in rupees) and volume (units) along with an estimate of the market shares of each of the parties to the combination for identical/substitutes/similar products or services produced/distributed/supplied in India. (In case of a group same information should be given for all parties of the group).
11.3
Furnish a list of your main competitors, in your opinion, in the relevant market, with reasons and analysis.
11.4
An estimate of the market share in value (and where appropriate, in volume), of all the competitors (including importers) having at least five percent of the relevant market under consideration (in your opinion).
11.5
Describe the state of competition in the relevant market, supported by market studies, forecast, surveys etc, (if any) and including but not limited to the following:
(a) relative strength / weaknesses of parties to the combination and other major players in the relevant market;
(b) supply and demand conditions; and
(c) attempts to win customers from other competitors and loss of customers to other competitors.
11.6
What is the level of concentration in the relevant market? How much will the level of concentration change after the proposed combination takes effect? (Provide number of enterprise(s) before and after the combination takes effect). For concentration levels provide an estimate of HHI (Herfindahl - Hirschman Index), along with change in the index post-combination. (Indicate the market shares used as a basis to calculate the HHI and the source from which the same have been obtained).
11.7
How many enterprise(s) have entered or attempted to enter the relevant market in the last five years? Provide their names, addresses, telephone numbers and e-mail addresses. Is there a likelihood of entry of enterprise(s) of significant size in the relevant market in the next one to two years? (Attach sufficient documents/material in support).
11.8
How many enterprise(s) have exited or attempted to exit from the relevant market in the last five years? Provide their names, addresses, telephone numbers and e-mail addresses and reasons of exit.
11.9
If any of the parties to the combination have entered in the relevant market in last five years, provide details of barriers to entry encountered, if any, along with analysis.
11.10
Describe the various factors influencing entry into the relevant market, including but not limited to the following:
(a) the total costs of entry (R&D, production, establishing distribution system, promotion, advertising, servicing and so forth) on a scale equivalent to a significant viable competitor, indicating the market share of such a competitor;
(b) the portion of initial investment that will be permanently lost on exit;
(c) any legal or regulatory barriers to entry, such as government authorization or standard setting in any form, as well as barriers resulting from product certification procedures, or the need to have a proven track record;
(d) any restriction created by the existence of patents, know-how and other intellectual property rights (IPRs) in these markets and any restrictions created by licensing such rights. (Provide details information separately for each combining party;
(e) provide details of IPRs that have been developed and registered by the parties to the combination in the last five years? With reference to the relevant market(s), provide details of IPRs that are held by each of the parties to the combination;
(f) the importance of economies of scale in the production or distribution of products and services in the relevant market; and
(g) access to sources of supply, such as availability of raw materials and necessary infrastructure.
11.11
Provide details of imports (total value, volume and sources) and its proportion to the total size of the relevant market for the relevant products and services for the last three years. Also, provide details of potential imports in the next one or two years. Also provide the difference in unit selling price, if any, between the imported and domestic price of similar or identical or substitutable products or services in the relevant market.
11.12
Provide details of exports (total value, volume and sources) and its proportion to the total size of the relevant market for the relevant products and services for the last three years? Provide the names of top five exporters and their contact details.
11.13
Identify some of the largest independent suppliers to the parties to the combination and their individual shares or purchases from each of these suppliers (of raw materials or goods used for purposes of producing the relevant products in your opinion). Mention their names, addresses and contact details.
11.14
Specify whether any of the parties to the combination, or any of the competitors have 'pipeline products or services' (products or services likely to be brought to the market in the near future) or have plans to expand or contract production or sales capacity. If so, provide an estimate of the projected sales and market shares of the parties to the combination over the next three to five years.
11.15
If the parties to the combination have few large buyers for the similar or identical or substitutable products or services, furnish their names, addresses and contact details along with their individual shares in your sales/supply.
11.16
Explain the structure of demand in the relevant market, including the following, supported by the documents/data relied upon by the parties to the combination, while taking decisions in the ordinary course of business:
(a) role of product differentiation in terms of attributes or quality and the extent to which the products or services of the parties to the combination are close substitutes; and
(b) role of switching cost (in terms of time and expense) for customers when changing from one supplier to another.
11.17
Are there any obligations to comply with language requirements, if any, in respect of the products/user?s manual, etc. in any part of India? If yes, provide details. (Attach documents/ material sufficient to show any impact language has on the sale or distribution of each similar or identical or substitutable product or service).
11.18
Explain the importance of R&D capabilities of an enterprise to compete in the relevant market. Explain the nature and extent of the R&D activities, if any, carried out by the parties to the combination over the past few years.
11.19
State the intended R&D activities, subsequent to the combination taking effect and their likely impact on the nature of competition in the relevant market.
11.20
Have any of the parties to the combination or any other enterprise(s) in the relevant market radically affected the market conditions recently with new technology or business model or by rapid use of available capacity or by any other means? If so, give details supported by analysis.
### 12. Documents of compliance and filing in other jurisdictions. - 12.1 Whether any order has been passed on a competition issue by any Competition Authority/Court/Tribunal/Government/Regulatory Authority in the last five years in respect of the parties to combination? If yes, provide brief details of said order, indicating the issue and the direction of the authority. 12.2
Whether any bankruptcy/winding-up application/proceedings involving any of the parties to the combination have been filed with the relevant authorities in the last five years? If yes, provide details.
12.3
Furnish details of any application/notification/intimation/information relating to the proposed combination filed in a High Court/Company Law Board/Securities and Exchange Board of India or any other authority established under any law in India along with the status thereof and certified copies of the decision in the matter, if any.
12.4
Whether this combination is subject to filing requirements in jurisdictions other than India? If yes, list the notified, or to be notified, jurisdictions along with the certified copy (s) of the order (s)/decision (s) passed in that jurisdiction.
### 13. The parties to the combination are also encouraged to submit any other information that they believe could assist the Commission in assessing the proposed combination and the markets involved. (Attach documents/reports/materials, if any, in support of the above)
Notes: (1) The parties to the combination, in providing the above information including the supporting documents, as far as possible, are required to rely on the documents/data used in the ordinary course of taking business decisions.
(2) If any third party information/estimates are being relied upon by the notifying parties, then the relevant source of such information/estimates shall be clearly indicated.
(3) If any additional information is needed by the Commission for determining whether a combination would have the effect of or is likely to have an appreciable adverse effect on competition in the relevant market, the parties to the combination may be required to furnish such additional information.
(4) For the purpose of figures in this Form the accounting standards, as notified by the Government of India, from time to time, or the International Financial Reporting Standards or the US Generally Accepted Accounting Principles shall be followed.
(5) Assets shall mean total assets and its value shall be computed in accordance with explanation (c) of section 5 of the Act.
(6) The turnover shall be computed in accordance with section 2(y) of the Act, excluding indirect taxes, if any.
(7) The rate of conversion of foreign exchange currency into Indian Rupees or US Dollars shall be based on the average spot rate of the last six months quoted by the Reserve Bank of India from the date calculated with reference to the event given in section 6(2) of the Act.
(8) Unaudited figures shall be certified by the Managing Director, Director, the Chief Executive Officer or the Chief Financial Officer of the enterprise duly authorized by the board and accompanied by a certificate of the auditor of the enterprise.
Verification
Certified that this form, together with all appendices and attachments thereto, has been prepared and compiled under my supervision in accordance with the provisions of the Competition Act, 2002 and the rules and regulations made thereunder.
It is verified that the contents of this form, together with all appendices and attachments thereto, are true, correct and complete to the best of my knowledge and belief and nothing material has been concealed therefrom.
However, where specific data/information is not available due to the absence of authentic source, reasonable estimates have been made, which are to the best of my knowledge true, correct and complete and in accordance with the provisions of the Competition Act, 2002 and the rules and regulations made thereunder.
First applicant
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NameSon/Daughter of
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Title
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Signature
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DatePlace
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(In case there are more than one applicants use the same format).
Subscribed and sworn before me at the,
City:
State:
Country:
Date:
Signature:
My Commission expires on:
(Notary Public)
[SEAL]
Form III
[See regulation 6]
Form for Filing of Details of Acquisition under Sub-Section (5) of Section 6 of the Competition Act, 2002
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Registration No. (To be assigned by the
Competition Commissionof India)
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### 1. Particulars of the parties filing details of acquisition : Legal Name of the party(s) filing details of acquisition:
Principal Business Address (including Country/City/Area Code):
Telephone No.(including Country/City/Area Code):
Mobile No. (including Country/City/Area Code):
Fax No. (including Country/City/Area Code):
E-mail Address:
Website Address:
(in case there are more than one applicants use the same format for additional applicants).
### 2. Details of acquisition: (a) Describe the acquisition of control, shares (including share subscription or financing facility), voting rights or assets that the party filing details has taken, and the modalities involved therein. Describe the loan, financing facility, investment etc that the parties filing details has given to the entity whose shares, assets or control are being acquired or are liable to be so acquired.
(b) Also explain as to how the provisions of sub-section (4) of section 6 of the Act are applicable in this case (attach documents/reports etc).
### 3. Whether the acquirer/buyer is: (a) public financial institution; or
(b) foreign institutional investor; or
(c) venture capital fund; or
(d) bank.
### 4. Describe the nature and extent of acquisition and justification to the effect that acquisition attracts the provisions of sub-section (4) of section 6 of the Act. ###
5. Furnish details of approval by the board of directors of the acquirer or execution of agreement or other document and also whether filing of details is within the time specified, or otherwise, the extent of delay in filing and the reasons thereof.
### 6. Whether the "acquisition" is subject to foreign filing requirements, and, if yes, list the jurisdictions and furnish the details. ###
7. Whether details of acquisition being filed is original or corrective, and, in case of latter, indicate the date of original filing and attach a copy thereof.
### 8. Indicate as to whether: (i) entity to which loan has been given or investment has been made and (ii) any of the party to which the loan has already been given/investment has already been made, are engaged in production, supply, distribution, storage, sales or trade of similar or identical or substitutable "goods", or provision of "services" and if so, the details thereof. ###
9. Whether the acquisition of control, shares (including share subscription or financing facility), voting rights or assets that the party filing details has taken, meets the threshold limits as provided in section 5 (a) or (b) of the Act. If yes, describe how either the parties filing details of such acquisition or the group to which the enterprise whose shares, assets, voting rights or control is being acquired shall belong pursuant to such acquisition, meet the thresholds provided under the Act or by way of a notification provided by the Central Government from time to time, based on the audited annual accounts of the financial year immediately preceding the financial year in which the acquisition has taken place. If the annual accounts for the immediate preceding financial year are not audited, furnish the details as per the last audited annual accounts as well as for the annual accounts of the each subsequent year, duly certified by the Managing Director/ Chief Executive Officer/ Chief Financial Officer as per the authorisation of the Board(s) of the parties concerned and supported by the certificate of the Auditor of the enterprises, up to the financial year immediately preceding the year in which the acquisition has taken place.
### 10. What is the 'relevant product market' of the products or services whose control, shares, assets or voting rights have been acquired or are being acquired? ###
11. What is the 'relevant geographic market' of the products or services whose control, shares, assets or voting rights have been acquired or are being acquired?
### 12. What is the relevant market for the acquisition keeping in view the relevant product market and relevant geographic market? (In case relevant market has been worked on the basis of some study or is based on market report, the details of the organization which conducted the study and furnished the report and whether the organization which conducted the study and furnished report is a related party and whether any grant has been made to such organization which has given the report may also be furnished.)
### 13. To determine 'control' \*the following information is to be furnished: | | | | |
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Parties to acquisition
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Details of entities exercising control
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Form and manner in which control is exercised.
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Details of common Directors /
Partners/Co-parceners/ Trustees.
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\* Note: Furnish details of the nature of direct as well as indirect control as the case may be.
### 14. Whether, in your opinion, the acquisition of control, shares (including share subscription or financing facility), voting rights or assets is likely to cause or has caused an appreciable adverse effect on competition in the market in India? ###
15. Any other additional information which, in your opinion, is relevant may be furnished.
Verification
Certified that this form together with all appendices and attachments thereto has been prepared and compiled under my supervision in accordance with the provisions of the Competition Act, 2002 and the rules and regulations made thereunder.
It is verified that the details of acquisition, under sub-section (5) of section 6 of the Act, which have been filed, are true to the best of my knowledge and belief and nothing material has been concealed therefrom.
However, where specific data /information is not available due to the absence of authentic source, reasonable estimates have been made, which are to the best of knowledge true, correct and complete and in accordance with the provisions of the Competition Act, 2002 and the rules and regulations made thereunder.
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Name\*Son/Daughter of
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Title
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Signature
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Date Place
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\* Enclose letter of authorisation in original, duly and legally issued by the Public Financial Institution/ Foreign Institutional Investor/ Bank/ Venture Capital Fund.
(in case there are more than one applicants use the same format.)
Subscribed and sworn before me at the
City \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ State \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Country\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
The \_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ the year
Signature \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
My Commission expires on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(Notary public)
[SEAL]
Form IV
[See regulation 22]
Details of combination under subsection (2) of Section 29 of the Competition Act, 2002
### 1. The Competition Commission of India ("Commission") is investigating into the combination between [] (name and address) and [] (name and address). ###
2. The details of the combination in form of the summary, as provided by the parties to the combination under column 1 of Form II are as under:
### 3. In order to determine whether the combination has or is likely to have an appreciable adverse effect on competition in the relevant market in India, the Commission invites comments/ objections/ suggestions in writing, from any person(s) adversely affected or likely to be affected by the combination, to submit in writing, as provided under sub-section (3) of section 29 of the Act, to be addressed to the Secretary, Competition Commission of India, the Hindustan Times House, 7th Floor, 18-20, Kasturba Gandhi Marg, New Delhi-110001, within fifteen working days from the date of this publication. ###
4. The comments/objections/suggestions shall state:
(a) name, address and contact details of the person(s) writing to the Commission, and
(b) with supporting documents, how such a person(s) is adversely affected or is likely to be affected by the combination, keeping in view the relevant provisions of the Act/ factors provided under sub-section (4) of Section 20 of the Act.
[Schedule III]
[Inserted by Notification F. No. CCI/CD/Amend/Comb. Regl./2019, dated 13.8.2019.]
[See sub-regulation (1) of Regulation 5A]
Considering all plausible alternative market definitions, the parties to the combination, their respective group entities and/or any entity in which they, directly or indirectly, hold shares and/or control: -
(a) do not produce/provide similar or identical or substitutable product(s) or service(s);
(b) are not engaged in any activity relating to production, supply, distribution, storage, sale and service or trade in product(s) or provision of service(s) which are at different stage or level of production chain; and
(c) are not engaged in any activity relating to production, supply, distribution, storage, sale and service or trade in product(s) or provision of service(s) which are complementary to each other.
[Schedule IV]
[Inserted by Notification F. No. CCI/CD/Amend/Comb. Regl./2019, dated 13.8.2019.]
[See Sub-Regulation (1) of Regulation 5A]
Declaration
### 1. The notifying party confirms that it has furnished all the information and documents as required in Form I, as specified in Schedule II. ###
2. The notifying party confirms that the proposed combination falls under Schedule III and is not likely to cause adverse effect on competition.
### 3. The notifying party confirms that it has not made any statement which is false in any material particular or knowing it to be false; or omitted to state any material particular knowing it to be material. The notifying party understands that if any of the above statements is found to be incorrect, the notice given and the approval granted, under regulation 5A, shall be void ab initio.
Signed by or on behalf of the notifying party
Signature(s) Name (in block letters):
Designation:
Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Note: In case there are more than one notifying party, each party shall file this declaration.
|
65ba747aab84c7eca86eb6a5 | acts |
Union of India - Act
----------------------
The Narcotics Drugs And Psychotropic Substances (National Fund For Control Of Drug Abuse) Rules, 2006
-------------------------------------------------------------------------------------------------------
UNION OF INDIA
India
The Narcotics Drugs And Psychotropic Substances (National Fund For Control Of Drug Abuse) Rules, 2006
=======================================================================================================
Rule THE-NARCOTICS-DRUGS-AND-PSYCHOTROPIC-SUBSTANCES-NATIONAL-FUND-FOR-CONTROL-OF-DRUG-ABUSE-RULES-2006 of 2006
-----------------------------------------------------------------------------------------------------------------
* Published on 24 March 2006
* Commenced on 24 March 2006
The Narcotics Drugs And Psychotropic Substances (National Fund For Control Of Drug Abuse) Rules, 2006
Published vide Notification G.S.R. 177(E) , dated 24.3.2006, published in the Gazette of India, Extraordinary, Part 2, Section 3(i), dated 24.3.2006.
### 17. /784
In exercise of the powers conferred by section 76 read with section 7-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (
61 of 1985
), the Central Government hereby makes the following rules, namely:-
### 1. Short title and commencement
.-(1) These rules may be called The Narcotic Drugs and Psychotropic Substances (National Fund for Control of Drug Abuse) Rules, 2006.
(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 Narcotic Drugs and Psychotropic Substances Act, 1985 (
61 of 1985
);
(b) "Controlling Officer" means an officer who is entrusted, by the Central Government, with the responsibility of controlling the receipt of money in the Fund and incurring expenditure from the Fund.
(c) "Governing Body" means the Governing Body constituted by the Central Government under sub-section (3) of section 7-A of the Act;
(d) "Form" means the Form appended to these rules;
(e) "Fund" means the National Fund for Control of Drug Abuse constituted under section 7-A of the Act;
(f) all other words and expressions used in these rules and not defined, but defined in the Act shall have the same meanings respectively assigned to them in the Act.
### 3. Procedure for remittance of grant to the Fund
.-(1) Every grant made by any person or institution under clause (c) of sub-section (1) of section 7-A of the Act shall be made by crossed cheque or demand draft in favour of the National Fund for Control of Drug Abuse and sent to the Joint Secretary (Revenue), Ministry of Finance, Department of Revenue, North Block, New Delhi-110 001, who shall, on receipt of such cheque or demand draft issue a receipt to such person or institution making such grant.
(2) All grants made under sub-rule (1) shall be unconditional and irrevocable.
### 4. Receipt of money
.-All moneys received under sub-section (1) of section 7-A of the Act shall be credited to the Fund without delay by the Controlling Officer.
### 5. Procedure for grant of money from the Fund
.-(1) Any Department of the Central Government or of State Government(s) or any organisation(s) (hereinafter called as the "Applicant") desirous of obtaining money from the Fund shall submit an application in Form "A" appended to these rules, together with a project report.
(2) Every application made under sub-rule (1) shall be sent to the Joint Secretary (Revenue), Ministry of Finance, Department of Revenue, North Block, New Delhi-110001.
### 6. Grant of money from the Fund
.-(1) The Central Government may require the Applicant to furnish further information or clarification regarding the activities and matters connected with the Applicant to enable it to consider payment out of the Fund.
(3) Every Applicant who has been sanctioned money out of the Fund under sub-rule (2) shall,-
(a) apply and money to meet the expenditure incurred in connection with the measures taken for combating illicit traffic in, or controlling abuse of, narcotic drugs and psychotropic substances or controlled substances for all or any of the proposes specified in sub-section (2) of section 7-A of the Act;
(b) submit an annual return ending on the last day of March of every year, within fifteen days of the end of the preceding year to the Central Government in Form "B" appended to these rules.
(c) maintain regular books of accounts, showing receipt and expenditure, which shall provide a true and fair view of the financial position of such Applicant; and
(d) be bound by the terms and conditions stipulated in the letter of sanction of money issued by the Central Government.
(4) The money provided to the Applicant, and the assets acquired or created out of such money, shall be deemed to be entrusted to the Applicant for the purposes specified in sub-section (2) of section 7-A of the Act.
(5) The Applicant shall retain, hold and use the money received by it from the Fund, and all assets acquired with such moneys, solely for the purposes specified in sub-section (2) of section 7-A of the Act and for no other purpose.
(6) If the Central Government has reasons to believe that an Applicant,-
(i) has failed to carry out the purposes specified in sub-section (2) of section 7-A of the Act; or
(ii) is likely to be wound up; or
(iii) is unable to maintain and preserve the assets acquired or created out of the money received from the Fund; or
(iv) is unable to perform or is likely to commit breach of its obligations under the grant of money, the Central Government may, at any time, revoke the grant of money, and in such case the Applicant shall be disentitled to retain the moneys paid out of the Fund or the assets acquired or created thereby:
[Provided that no grant of money shall be revoked without giving the grantee a notice to show cause within thirty days from the date of the notice as to why the grant should not be revoked for the reasons indicated in the notice and if the grantee so requests, without giving him a reasonable opportunity of being heard in person:
Provided further that where the Central Government is of the opinion that the money that was granted is still with the grantee and that the grantee is likely to fritter away or squander the money, so that it is beyond the reach of the Central Government in case of revocation, it may revoke the grant and give notice to show cause to the grantee subsequent to the revocation and if the grantee so requests, give him a reasonable opportunity of being heard in person.]
[ Inserted by G.S.R. 232(E) , dated 2.4.2009 (w.e.f. 2.4.2009).]
### 7. Communication of sanctions
.-All financial sanctions and orders issued by the Central Government under these rules shall be communicated to the Audit Officer or the Accounts Officer, as the case may be, in accordance with the procedure specified under the General Financial Rules, 2005.
### 8. Accounts and audit
.-(1) The Central Government shall maintain proper accounts and other relevant records as per the Accounting Procedure as at Annexure I, appended to these rules, and prepare a statement of accounts giving therein the details of the amount credited to the Fund and expenditure incurred therefrom, in consultation with the Comptroller and Auditor General of India.
(2) The accounts of the Central Government under sub-rule (1) shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him.
(3) The Comptroller and Auditor General of India shall have the same rights and privileges and authority, in connection with the audit of the Fund and accounts of the Central Government maintained under sub-rule (1) and also in connection with the audit of the accounts of the Applicant, as he has in connection with the audit of General Accounts and, in particular, shall have the rights to demand production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Central Government or the Applicant.
### 9. Publication of annual report and statement of accounts
.-The annual report giving an account of activities financed out of the Fund together with the statement of accounts referred to in section 7-B of the Act shall be published in the Official Gazette as soon as possible after the end of each financial year and, in any case not later than 31st December of succeeding year.
### 10. Application of the provisions of General Financial Rules, 2005
.-The provisions of the General Financial Rules, 2005 as amended from time to time shall, as far as may be, apply to grant of money by the Central Government under these rules.
FORM A
[See rule 5(1) ]
Form For Application For Grant From The National Fund For Control Of Drug Abuse
### 1. Name of the Applicant ###
2. Name of the Government/Non-Government Organisation which established the Applicant
### 3. Address of the Applicant and their branches, including e-mail address ###
4. Financial status including balance sheet of the applicant and their branches
### 5. Personnel working in the Applicant (indicate qualification, experience, specialised interest particularly in relation to the proposed work). ###
6. Name, address and phone number of the officer-in-charge of the Applicant
### 7. Objectives of the proposed project for which grant is required ###
8. Total expenditure likely to be incurred for the project
### 9. Amount of expenditure to be met out of the National Fund for Control of Drug Abuse ###
10. Details of grants obtained earlier from the National Fund for Control of Drug Abuse or any Other Fund or Organisation
### 11. Manner in which project is proposed to be implemented
### 12. Duration of the project
### 13. Name and designation of the officer who is authorised to sign the application
Date:
Place:
.............
Signature
FORM B
[See rule 6(3) (b)]
Format For Annual Returns To Besubmitted By The Applicant Receiving Payment Out Of The National Fund For Control Of Drug Abuse
### 1. Year in respect of which returns filed ###
2. Name of the Applicant
### 3. Name of the Government/Non-Government Organisation who established the Applicant ###
4. Address of the Applicant
### 5. Amount spent by the Applicant during the year ###
6. The amount out of item 5 spent from sources other than the Fund
### 7. Results achieved and extent of which targets have been achieved specific ###
8. Further action to be taken, giving specific recommendations for revision of the proposal in case the targets are not likely to be achieved
### 9. Name, designation and telephone number of the officer who is authorised to sign the return Date:
Place:
..........
Signature
ANNEXURE I
Accounting Procedure For The "National Fund For Control Of Drug Abuse"
### 1. Constitution of Fund. - "National Fund for Control of Drug Abuse" has been constituted in the Public Account of India, wherein the amounts received from the following sources shall be credited in accordance with the provisions contained in section 7-A of the Act, namely:- (a) An amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide;
(b) The sale proceeds of any property forfeited under Chapter V-A of the Act;
(c) Any grant that may be made by any person or institution;
(d) Any income from investment of the amounts credited to the Fund under the aforesaid provisions (i.e., interest on the deposits in Public Accountant at a rate to be decided by Budget Division of Ministry of Finance, Department of Economic Affairs, New Delhi).
### 2. Utilisation of Fund. - The fund shall be utilised by the Governing, Body for the purposes mentioned in sub-section (2) of section 7-A of the Act. ###
3. Accounting procedures. -(1) Receipts to the Fund:
(a) An amount which the Central Government may, after due appropriation made by Parliament by law in this behalf provide shall be transferred to the Fund from the concerned grant as under the following Heads:
| | |
| --- | --- |
|
Major Head: (MH) |
2070-Other Administrative Services
|
|
Minor Head: (MnH) |
797-Transfer to Reserve /Deposits Account Drug Abuse
|
|
Sub-Head: (SH) |
01-Transfer to the National Fund for Control of Drug Abuse
|
|
Object Head: (OH) |
63-Inter-Account transfer
|
The classification for the Fund under the Public Account of India would be as under :-
| | |
| --- | --- |
|
Major Head: (MH) 8121
|
-General and Other Reserve Fund
|
|
Minor Head: (MnH) |
118-National Fund for Control of Drug Abuse
|
|
New sub-Head
|
01-Receipts by transfer
|
The amount sanctioned by the Government each year for transfer to the Fund shall be credited to this Head by contra debit to the Major Head 2070-National Fund for Control of Drug Abuse in the accounts of the Central Government.
(b) (i)
The sale proceeds of any property forfeited under Chapter V-A of the Act, to be initially credited to the Consolidated Fund of India as under:-
| | |
| --- | --- |
|
Major Head: (MH) |
0070-Other Administrative Services
|
|
Sub-Major Head:(SMH) |
60-Other Services
|
|
Minor Head: (MnH) |
800-Other Receipts
|
|
New sub-Head:
|
06-Receipts from Sale Proceeds of Property forfeited under Chapter V-A of the Act
|
(ii) Where any Property under declaration stands forfeited under section 68-K of te Act of the Central Government and the source of only a part of the illegally acquired property has not been proved to the satisfaction of the Competent Authority by the person affected, it shall make an order giving on option to the person affected to pay in lieu of forfeiture, a fine equal to the market value of such part and the same shall be credited under:
| | |
| --- | --- |
|
Major Head :(MH) |
0070-Other Administrative Service
|
|
Sub-Major Head:(SMH) |
60-Other Services.
|
|
Minor Head: (MnH) |
800-Other Receipts.
|
|
New sub-Head:
|
07-Receipts from fines in lieu of forfeiture of propertyundersection 68-K of the Act.
|
These receipts shall subsequently be transferred to the Fund with due appropriation by debit to the Head:
| | |
| --- | --- |
|
Major Head: (MH) |
2070-Other Administrative Services
|
|
Minor Head:
|
797-Transfer to Reserve/ Deposit Account
|
|
Sub-Head: (SH) |
01-Transfer to the National Fund for Control of Drug Abuse
|
|
Object Head: (OH) |
63-Inter-Account transfer Contra credit will be afforded to the
|
|
Major Head: (MH) |
8121-General and Other Reserve Funds
|
|
Minor Head: (MnH) |
118-National Fund for Control of Drug Abuse in the public Account
|
|
New sub-Head:
|
01-Receipts by transfer
|
(c) Grant that may be made by any person or institution. - Any grant that may be made by any person or institution shall be credited to the Fund Account as under:-
| | |
| --- | --- |
|
Major Head: (MH) |
8121-General and Other Reserve Funds
|
|
Minor Head: (MnH) |
118-National Fund for Control of Drug Abuse
|
|
New sub-head:
|
02-Receipts from grants by any person or institution
|
(d) After due appropriation the accountal of transfer of interest to the Fund account would be as under:-
| | |
| --- | --- |
|
Debit
|
|
|
Major Head: (MH) |
2049-Interest Payments.
|
|
Sub Major Head: (SMH) |
05-Interest on Reserve Funds.
|
|
Minor Head: (MnH) |
105-Interest on General and Other Reserve Fund.
|
|
Sub-Head: (SH) |
07-Interest on the National Fund for Control of Drug Abuse
|
|
Object Head (OH) |
45-Interest
|
|
Credit
|
|
|
Major Head: (MH) |
8121-General and Other Reserve Funds
|
|
Minor Head: (MnH) |
118-Interest on the National Fund for Control of Drug Abuse
|
|
New sub-Head:
|
03-Receipts from interest payment by the Government ofIndia
|
(2) The Accounting Procedure for receipt into and disbursement from this Fund:
(a) Expenditure from the Fund. - All expenditure shall be initially made from the concerned grant debited to the Consolidated Fund of India shall be recouped from the Fund, from time to time. The Department of Revenue may make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances and would be properly reflected in the expenditure of the Government while the continuing balances in the Fund in the Public Account will ensure that funds are readily available.
Initially debit will be afforded to-
| | |
| --- | --- |
|
Major Head: (MH) |
2070-Other Administrative Services
|
|
Minor Head: (MnH) |
113-Narcotics Control
|
|
New sub-Head:
|
04-Expenditure on Control of Drug Abuse
|
Finally, after recoupment, the entire expenditure shall stand debited to-
| | |
| --- | --- |
|
Major Head: (MH) |
8121-General and Other Reserve Fund
|
|
Minor Head: (MnH) |
118-National Fund for Control of Drug Abuse
|
|
New sub-Head:
|
04-Expenditure on Control of Drug Abuse
|
Subject to the, approval of the Competent Authority, expenditure incurred for identification, treatment, education, after-care, rehabilitation, social re-integration of addicts and for such other provisions as may be provided in sub-section (2) of section 7-A of the Act may also be met out of the allocations from the Fund.
The amount financed from expenditure head shall be shown as Deduct entry under the minor head "902-Deduct amount met from the National Fund for Control of Drug Abuse" below Major Head "2070-Other Administrative Services" by Contra Debit to the Reserve Bank Fund as under:-
| | |
| --- | --- |
|
Major Head: (MH) |
2070-Other Administrative Services
|
|
Minor Head: (MnH) |
902-Deduct amount met from National Fund for Control of Drug Abuse
|
### 4. Payment procedure for disbursement from this Fund. - (1) Application of the Fund. - The amounts available in the Fund would be applied for the purposes mentioned in sub-section (2) of section 7-A of the Act. (2)
Application for grant of money from the Fund. - The Applicant may apply to the Ministry of Finance, Department of Revenue for grant of money from the Fund provided that:-
(i) the Applicant shall submit an application alongwith Form "A" and a copy of the Project report in the format as decided by the Governing Body from time to time.
(ii) every application for grant from the Fund shall be sent to the Joint Secretary (Revenue), Narcotics Control Division, Department of Revenue, North Block, New Delhi 110 001.
(3) Procedure for sanction of grants from the Fund.
(i) The Department shall scrutinize applications received from time to time and may obtain comments from other Ministries/Departments/State Government(s); or from such other authorities as it may deem fit or may inspect the office or the premises where the project is being run by the Applicant seeking money;
(ii) The application received alongwith the comments of various authorities shall be circulated to the members of the Governing Body at least seven days before the meeting of the Body;
(iii) The Central Government may require the Applicant seeking money to furnish further information or clarification regarding activities and matter connected with the applicant to enable it to consider payment out of the Fund;
(iv) The maximum grant of money from the Fund would not exceed seventy-five percent of the project cost:
[Provided that in case where the applicant is a Government Department or any agency of the Government, the maximum grant of money from the fund would be hundred per cent. of the project cost];
[Inserted by G.S.R. 518(E) , dated 19-8-2009 (w.e.f. 19-8-2009).]
(v) The Governing Body for the purpose of deciding the grant of money to such an Applicant would meet at least twice a year;
(vi) After considering the proposals, the Governing Body may sanction payment of such amount, which it considers appropriate to an Applicant, upto the limit notified by the Central Government in the Official Gazette or [hundred per cent. of the project cost in respect of Government Department or any agency of the Government or seventy five per cent. of the project cost in respect of others]
[Inserted by G.S.R. 518(E) , dated 19-8-2009 (w.e.f. 19-8-2009).]
, whichever is less. For grant of money beyond the authority of the Governing Body, the Central Government may, on the recommendation of the Governing Body, sanction payment of such amount, as it considers appropriate, to an Applicant;
(vii) The amount would be released either as lump sum grant or in such number of installments as may be specified and subject to such conditions as may be imposed by the sanctioning authority;
(viii) The applications would be processed as per provisions of Delegation of Financial Power Rules/General Financial Rules;
(4) Meeting of the Governing Body
(i) The meeting of the Governing Body shall be held at least twice a year and as often as the Chairman may call for. The meeting of the Governing Body shall be convened on such date and time as decided by the Chairman, and the quorum of such meeting would be one-third of the strength of the Governing Body.
(ii) In the absence of a Chairman, Joint Secretary of the Department of Revenue, who deals with the matters relating to the Fund shall convene the meeting of the Governing Body and the members of the Governing Body shall elect a Chairman to preside over that meeting.
(5) Obligations of organisations receiving money from the Fund:
(a) Every Applicant, which has been sanctioned money out of the fund shall-
(i) utilise the money to meet the expenditure incurred by it in connection with measures taken for controlling the abuse of narcotic drugs or psychotropic substances for all or any of the purposes specified in sub-section (2) of section 7-A of the Act; maybe specified in the sanction;
(ii) submit an annual return (Form "B") ending on the last day of March of every year within fifteen days of the end of the preceding year and such annual return shall be furnished in format as may be specified by the Governing Body;
(iii) maintain books of account regularly showing receipts and expenditure which shall provide a true and fair view of the financial position of such Applicant; and
(iv) be bound by the terms and conditions of grant of money stipulated in the letter of sanction issued by the Central Government.
(b) The money provided to an Applicant and all assets acquired or created out of such money shall be deemed to be entrusted to the applicant for the purpose for which it was sanctioned from the Fund.
(c) The Applicant shall retain hold and use all moneys received by it from the Fund and all assets credited with such moneys solely for the purpose for which it was sanctioned from the Fund and for no other purpose.
(6) Powers of the Central Government.
(a) The Central Government may, at any time or from time to time, call for such reports, documents or any other information as it may deem fit from the recipient of the money to monitor its proper utilization.
(b) If the Central Government has reasons to believe that the recipient of the money-
(i) has failed to carry out the purposes for which money was provided; or
(ii) is unable to maintain and preserve the assets acquired or created out of money from the Fund; or
(iii) is unable to perform or is likely to commit breach of its obligations under the grant of money; or
(iv) the Applicant receiving the money from the Fund is likely to be wound up,- then the Central Government may at any time [after following the procedure specified in the provisos to sub-rule (6) of rule 6]
[Inserted by G.S.R. 232(E) , dated 2-4-2009 (w.e.f. 2-4-2009).]
revoke the grant of money in which case the Applicant shall be disentitled to retain the money paid out of the Fund or the assets created thereby.
(7) Sanctioning Power of different Authorities. - The powers of various authorities to sanction amounts from the Fund would be as under:-
| | |
| --- | --- |
|
Amount to be sanctioned
|
Authority competent to grant the sanction
|
|
UptoRupees Ten lakh
|
Governing Body
|
|
Above Rupees Ten lakh
|
Finance Minister
|
(8) Communication of sanctions.
(i) All financial sanctions and orders issued by the Central Government under these rules shall be communicated to the Audit Officer and Pay and Accounts Officer concerned in accordance with the procedure specified under the General Financial Rules, 2005 that is all sanctions for drawal from the account shall be endorsed with a copy to the concerned Pay and Accounts Office and accordingly bills for drawals shall be submitted to the concerned Pay and Accounts office for issue of cheque and to debit the concerned head and Consolidated Fund of India, and recoup the same on the monthly basis from the same Fund for such drawals.
The accredited Bank shall send the scrolls to the concerned Pay and Accounts Office regularly.
(ii) Subject to sanction by the Ministry, payments from the Fund may be released for purposes or activities as per provisions of section 7-A of the Act.
(iii) Pay and Accounts Office, Ministry of Finance, Department of Revenue, New Delhi shall be responsible for maintaining ledger and broadsheet of the Fund.
(iv) Under rule 16 of the General Financial Rules, 2005 and rule 6 of the Receipts and Payments Rules, 1983 any amounts/subscriptions received by the Department concerned shall without undue delay, that is, within two working days from the receipt of money; be deposited with the Accredited Bank for depositing in the Government account and it must be ensured that the amounts received by the Accredited Bank under these provisions shall be deposited into the Government account within a period of five days and nine days (including Sunday and Holidays) in case of local branches and outside branches as the case may be. In case the remittance is delayed beyond the above time limit, an amount equal to the interest payable as per these provisions or an amount decided by the Central Government from time to time may be recovered from the respective branch where the delay occurs towards penal interest from the date of receipt of money into Bank up to the date of remittance. The date of remittance into Government account in Reserve Bank of India, Central Accounts Section, Nagpur may be excluded while calculating the delay. Further, an amount upto Rupees one hundred for each item may also be ignored while calculating the penal interest in delayed remittances.
Revenue/Receipt and Payment scrolls will be sent to Pay and Accounts Office, by the local branch, of the Accredited Bank, viz, Allahabad Bank, Parliament Street, New Delhi in case of Pay and Accounts Office, Department of Revenue, Ministry of Finance.
### 5. Accounts and Audit. - Receipts of amounts into the Fund and payments or expenditure out of the Fund would be in such manner and method as prescribed in these Accounting Procedure Rules. The Central Government shall maintain proper accounts and other relevant records and prepare a statement of accounts giving therein details of the amount credited to the Fund and expenditure incurred therefrom in consultation with the Controller General of Accounts and Comptroller and Auditor General of India. The accounts of the Central Government under sub-rule (1) of rule 8 shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by them apart from annual Internal Audit conducted by Chief Controller of Accounts, Ministry of Finance, New Delhi.
The Comptroller and Auditor General of India, and Chief Controller of Accounts, Ministry of Finance shall have the same rights and privileges and authority in connection with the audit of the Fund, and accounts of the Central Government maintained under sub-rule (1) of rule 8 and also in connection with the audit of accounts of the Applicant seeking and having obtained grants under the Fund as they have in connection with the Audit of General Accounts and in particular shall have the rights to demand production of books, accounts, connected vouchers and other related documents and papers and to inspect any of the offices of the Central Government or any organisation.
### 6. Annual Accounts to be published. - The annual report giving an account of activities financed out of the Fund together with the statement of Accounts, referred to in section 7-B of the Act, shall be published in the Official Gazette as soon as possible after the end of each financial year and in any case not later than 31st December of the following financial year .
|
65ba04caab84c7eca86ea79e | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Rules, 2006
-----------------------------------------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Rules, 2006
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Rule ANDHRA-PRADESH-AGRICULTURAL-LAND-CONVERSION-FOR-NON-AGRICULTURAL-PURPOSES-RULES-2006 of 2006
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* Published on 19 October 2006
* Commenced on 19 October 2006
Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Rules, 2006
Published vide Notification No. G.O. Ms. No. 1537, Revenue (Land Revenue), dated 19.10.2006
Last Updated 24th September, 2019
No. G.O. Ms. No. 1537. - In exercise of the powers conferred by sub-section (1) of Section 14 of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 (A.P.Act No. 3 of 2006), the Government of Andhra Pradesh hereby makes the following rules, namely:-
### 1. Short title.
- These rules may be called the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Rules, 2006.
### 2. Definition.
- In these rules unless the context otherwise requires:-
(a) 'Act' means the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006;
(b) 'form' means the form appended to these rules;
(c) 'Basic Value' means the land value entered in the Basic Value Register notified by Government from time to time and maintained by the Sub-Registrar.
### 3. Procedure for Application for Conversion.
- (i) The application for conversion of the Agriculture land for Non-Agriculture purposes shall be made in the form at Annexure-'A'.
(ii) Notices for payment of deficit conversion fee shall be in the form at Annexure-'B'.
(iii) The permission for acceptance of application shall be in form at Annexure-'C'.
### 4. Procedure to Be followed by the Competent Authority.
- The Competent Authority i.e. Revenue Divisional Officer who receive the applications for conversion of Agricultural Land for Non-Agricultural purposes:-
(a) may cause such enquiry as may be necessary to determine whether the conversion applied for is objectionable or not;
(b) may invite objections in this regard, if necessary;
(c) may inspect or cause inspection of the land in order to determine whether or not the proposed conversion is objectionable;
(d) shall take cognizance of the Master Plan and such other land use restrictions in determining whether the proposed conversion is objectionable or not;
(e) shall thereafter proceed to pass orders, ordering or rejecting thte proposed conversion.
### 5. Powers of Collector/Revenue Divisional Officer/Mandal Revenue Officer.
- (i) The Competent authority or any other officer authorized by him, shall have power to enter upon, inspect, measure the land and do such other act or acts as are necessary for the determination of the area applied for conversion and fixation of conversion fee under the Act.
(ii) The Mandal Revenue Officer is empowered to such act or acts as entrusted by the Collector/ Competent Authority under the Act.
(iii) The Collector shall have appellate powers against the orders passed by the Competent Authority.
(iv) The Collector may suo motu or an application can call for the record, scrutinize to satisfy himself before or after the orders passed and to modify or anull any order or proceeding passed by the Competent Authority after giving notices and hearing the affected party.
### 6. Mode of payment for Conversion Fee.
- (i) For the purpose of calculation of conversion fee the basic value as notified by Government from time to time, for the land as on the date of application shall be taken into account.
(ii) The applicant shall pay the conversion fee prescribed under Section 4 of the Act by way of Challan payable into the Government treasury as specified by the Government from time to time to the relevant head of account.
(iii) Any person desires to ascertain the basic value, such person shall apply to the Competent Authority for furnishing of such basic value for such Survey No. Area etc., and the competent authority shall furnish such information within (15) days from the date of receipt of application.
(iv) In case of deemed conversion, the date for the purpose of calculation of basic value shall be the date earliest of the following dates:
(1) Date of detection of conversion by Competent Authority.
(2) Date of entry in to Village accounts by Village Officer/Panchayat Secretaries.
(3) Date of application by Owner/ Occupiers.
### 7. Order of Permission.
- The competent authority shall issue necessary permission for conversion in the form at Annexure-'C'.
### 8. Penalty.
- (i) In case it has come to the notice of the competent authority that any Agricultural Land has been converted to Non-Agriculture purpose without obtaining any prior permission by any owner or occupant of such agricultural land, the same shall be deemed to have been converted into Non-Agriculture purpose and action shall be taken to levy such lands with such penalty as prescribed under Section 6 of the Act;
(ii) The Competent Authority shall issue notices to the owner/occupier of Agriculture Land deemed to have been converted to Non-Agriculture use Under Section 6(1) calling upon him to pay 50% penalty over and above the Conversion fee in the form at Annexure-'D' giving him time of (30) days to remit into Government account through a challan as specified at sub-rule (ii) of Rule 6.
Provided that a show cause notice shall be issued by the competent authority to the said owner or occupant of such agricultural land calling for explanation within fifteen (15) days as to why the penalty as provided under Section 6(2) shall not be imposed for conversion of Agricultural Land into Non-Agricultural purposes without obtaining prior permission. On receipt of such explanation, the competent authority has to decide the actual extent of land converted into Non-Agricultural purpose and issue proceedings in the form Annexure-E informing the total amount including the penalty and the land conversion fee payable within fifteen (15) days from the date of receipt of such demand notice.
If, any fee and penalty remains un-paid, within the time specified by the competent authority such fee and penalty is liable to be recovered under the provisions of the Revenue Recovery Act, 1864.
### 9. Appeal.
- (i) Every Appeal lies to the Collector against the orders of the Competent Authority within (60) days from the date of receipt of the orders. The appeal shall be accompanied by an authentic copy of the order appealed against and such appeal shall be duly stamped with a court fee lable of Rs. 3/- and any other fee as may be notified by the Government.
(ii) Collector shall observe the principles of natural justice in disposing off any appeal.
Annexure-A
(See Rule 3(i) )
To
The Competent Authority and
Revenue Divisional Officer, Division,
District.............
Sir,
Sub:- Land Conversion Act-..........Village, Mandal, District-Sy.No. Ext.- Conversion of Agricultural land to Non-Agricultural Purpose-Request-Regarding.
I..........S/o............R/o...................Submit that I am the Pattadar of Agricultural lands in Survey.No. of Village.......................Mandal.................District to an extent of Acs. Gts./Cts. 1 would like to convert Agricultural land specified in the Schedule into Non-Agricultural purpose.
I request the Competent Authority to accord necessary permission for the conversion of the said agricultural lands to Non-Agriculture purpose in terms of Section 4 of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural purposes) Act, 2006 (A.P.Act No. 3 of 2006). I enclose herewith a copy of challan bearing No...............dated:..........for Rs.............(Rs..........only) paid to the Government Treasury of............ (V) /Town/ City @ 10% basic value of the land towards conversion fee.
I hereby declare that the lands mentioned above are neither covered by any litigation/ court cases/encroachment nor these lands are assigned lands/ULC Surplus land/ Agricultural Ceiling Surplus Land/Tank bed lands.
Your's faithfully
Address.
( )
Schedule
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| --- | --- | --- | --- | --- | --- |
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SI.No.
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Village, Mandal & District
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Sy.No.
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Total extent (Sy.No.wise)
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Extent for which permission for Conversion Sought
|
Remarks
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
Annexure-B
(See Rule 3(H) )
Office of the Competent Authority &
R.D.O.: District.
Notice
| | |
| --- | --- |
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File No.
|
Dated:
|
Sub:-
Ref:- Your application dated:
Sri..........S/o.............R/o.......is hereby informed that as per your application- referred above, you have applied for conversion of Acs.....................Gts./Cts..................You have paid conversion fees along with your application. Rs..............But, the basic value of the land as on the date Of application for conversion applied for is Rs...............The total conversion fee works out to Rs........... Hence, there is a deficit conversion fee amounting to Rs....
Therefore, you are directed to remit the deficit amount of Rs. (Rs. only) towards conversion fee to Non-Agricultural purpose within fifteen (1S) days form the date of receipt of this notice. If you fail to remit this deficit amount, your application shall not be processed further and will returned to you after thirty (30) days.
Competent Authority & R.D.O:.......................
Divn.
To
Sri........S/o...........R/o.
Copy to the Mandal Revenue Officer, (M) ..............Divn..........Dist.
Annexure-C
(See Rule 7)
Proceedings of the Competent Authority and R.D.O. Division...................District
| | |
| --- | --- |
|
Present:
|
Dated:
|
Proedgs. No.
Sub:
Ref:
Order:
Sri...........S/o.............R/o..........has applied for conversion of agriculture land situated in Sy.No extent of (v) Mandal, District for the purpose of Non- Agriculture. The request of the applicant is found to be consistent with the provisions of the Act.
Hence, the permission is hereby accorded for conversion of the Agricultural Land into Non-Agricultural purpose on the following terms and conditions:
### 1. The permission is issued on the request of the applicant and he is solely responsible for the contents made in the application; ###
2. The grant of permission can not be construed that the contents of the application are ratified or confirmed by the authorities under the Act.
### 3. The permission confirms that the conversion fee has been paid under the Act in respect of above Agricultural lands for the limited purpose of conversion into Non-Agricultural purpose. ###
4. It does not confer any right, title or ownership to the applicant over the above Agricultural Lands.
### 5. This permission does not preclude or restrict any authority or authorities or any person or persons or any individual or individuals Or others, collectively of severally; for initiating any action or proceedings under any law for the time being in force. ###
6. The conversion fee paid will not be returned or adjusted otherwise under any circumstances;
### 7. The authorities are not responsible for any incidental or consequential actions or any loss occurred to any body or caused otherwise due to or arising out of such permission granted on any false declaration, claim or deposition made by the applicant. ###
8. The authorities reserves the right to cancel the permission if it is found that the permission is obtained by fraud, misrepresentation or by mistake of fact.
Revenue Divisional Officer
To
Sri
Schedule 2
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| --- | --- | --- | --- | --- | --- |
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SI.No.
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Village Mandal & District
|
Sy.No.
|
Total extent (Sy.No. wise)
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Extent for which permission granted.
|
Remarks
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
Annexure-D
Notice
(See Rule 8)
Government of Andhra Pradesh (Revenue Department)
| | |
| --- | --- |
|
Ref.No.
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Dated:
|
Office of the Competent Authority & RDO.
Sub: Irregular Land Conversion from Agriculture to Non-Agriculture purpose - Levy of Penalty - Show Cause Notice-Issued.
It is noticed that the agricultural land in Sy.No..............Exten.........situated in..........(V) .........(M)........District has been put to Non-Agricultural purpose without obtaining any permission as required Under Section 3 of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006.
As per Section 6(1) of the said Act, it shall be deemed that the above said lands have been converted into Non-Agriculture purpose and it is liable to be imposed a fine of 50% in addition to the regular conversion fee.
The basic value of this land on the date of detection of conversion of land to Non- Agriculture use is Rs .......................per acre. The conversion fee for Acs........................Gts./Cts..........................is Rs The 50% penalty works out of Rs....................
Therefore, Sri S/o Owner/Occupant is requested to show cause why the penalty along with the conversion fee as stated in Para (2) above should not be imposed within fifteen (15) days of receipt of the notice failing which, it is deemed that he has no explanation to offer and the penalty and conversion fee will be levied as per the provisions of the said Act and the rules made there under.
C.A. & R.D.O.
To
Sri
Annexure-E
(See Rule 8)
Proceedings of the Competent Authority and R.D.O.
| | |
| --- | --- |
|
Division:
|
District:
|
Present:
Procdgs.No.
Dated:
Sub:
Ref:
ORDER
It is noticed that the Agricultural land in Sy. No....................Extent: situated in....(V) ..(M) District has been converted to Non-Agricultural purpose without obtaining any permission as required Under Section 3 of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural purposes) Act 2006 (A.P.Act No. 3 of 2006).
A Show Cause Notice has been issued to Sri.........S/o......................Owner/Occupant in the reference cited calling to show cause within fifteen (15) days from the date of receipt of the notice, why a penalty along with conversion fee should not be imposed upon for conversion of the above said agriculture land without obtaining permission under the said Act.
(If explanation submitted) Sri ..................S/o...................has submitted explanation as called for and it has been considered and found to be valid/not valid for the reasons (to be specified in each and every case).
(If explanation not submitted) Sri........S/o..........has not submitted explanation as called for, and it is deemed that he has no explanation to offer and as such the matter has been decided on material available. The basic value of the land ascertained from the Sub-Registrar............(V) ...................(M) District is Rs...............per acre. The extent converted to non agriculture purpose is..........Acs........Gts./Cts. The total conversion fee computed is Rs..........
In the circumstances explained above, Penalty is imposed @ 50% on Coversion fee stipulated under Section (1) of the Act for converting the agricultural lands in Sy. No........... Ext............. Situated in..................(V).......(M)......District to Non-Agricultural purpose. Sri........S/o R/o............... is hereby directed to pay Rs. i.e. Rs to wards conversion fee and Rs towards 50% of Penalty On Conversion fee. The total amount should be paid within fifteen (15) days in the concerned Government Treasury and produce the copy of challan to the under signed for regularization, failing which, the amount will be collected under the provisions of Revenue Recovery Act, 1864.
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65ba7293ab84c7eca86eb621 | acts |
Union of India - Act
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Insurance Regulatory and Development Authority of India (Re-insurance) Regulations, 2018
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UNION OF INDIA
India
Insurance Regulatory and Development Authority of India (Re-insurance) Regulations, 2018
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Rule INSURANCE-REGULATORY-AND-DEVELOPMENT-AUTHORITY-OF-INDIA-RE-INSURANCE-REGULATIONS-2018 of 2018
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* Published on 30 November 2018
* Commenced on 30 November 2018
Insurance Regulatory and Development Authority of India (Re-insurance) Regulations, 2018
Published vide Notification F. No. IRDAI/Reg/4/151/2018, dated 30.11.2018
F. No. IRDAI/Reg/4/151/2018. - In exercise of the powers conferred by section 114A of the Insurance Act, 1938, read with sections 14 and 26 of the Insurance Regulatory and Development Authority Act, 1999, the Authority, in consultation with the Insurance Advisory Committee, hereby makes the following regulations -
### 1. Short title, commencement and applicability.
- 1. These regulations shall be called the "Insurance Regulatory and Development Authority of India (Re-insurance) Regulations, 2018".
### 2. These regulations shall come into effect from 1st January, 2019.
### 3. These Regulations shall be applicable to Insurers as defined under Section 2 (9) of the Act, International Financial Services Centre (IFSC) Insurance Office (IIO) and Exempted Insurers as defined under Section 118(c) of the Act.
### 2. Definitions. - In these regulations, unless the context otherwise requires:
### 1. 'Act' means the Insurance Act,1938 (4 of 1938); ###
2. 'Alternative Risk Transfer', hereinafter called by acronym 'ART', (which is also called 'Financial Re-insurance' in life re-insurance business) means non-traditional structured Re-insurance solutions that are tailored to specific needs and profile of an insurer or re-insurer;
### 3. 'Authority' means the Insurance Regulatory and Development Authority of India established under sub-section (1) of Section 3 of the Insurance Regulatory and Development Authority Act, 1999 ( 41 of 1999
);
### 4. 'Board' for the purpose of these regulations means-
A. The Board of Directors of (a) the Indian Insurers other than IIOs writing direct insurance business, (b) Indian Re-insurers and (c) Service Companies of Lloyd's India;
B. The Executive Committee, of Foreign Re-insurers' Branches (FRBs) and International Financial Service Centre Insurance Offices (IIOs), duly authorized by the Board of Directors of their applicant companies;
C. The Head of the insurance division or department of exempted insurers;
### 5. 'Cedant' means an Indian Insurer who underwrites direct insurance business and contractually transfers (cedes) a portion of the risk;
### 6. 'Cession' means the part of risk passed to a Re-insurer by the cedant;
### 7. 'Cover Note' is a written document, detailing the terms and conditions of the Re-insurance contract, issued by an Indian Insurer writing re-insurance business or a CBR or a Re-insurance broker authorized by the Re-insurer;
### 8. 'Cross Border Re-insurer', hereinafter called by acronym 'CBR', means a foreign re-insurer including Lloyd's Syndicates, whose place of business is established outside India and which is supervised by its home country regulator. Cross Border Re-insurer includes:
A. Parent or Group companies of the FRBs;
B. Parent or Group companies of the IIOs;
### 9. 'Exempted Insurer' means a person or classes of persons carrying on insurance business under Section 118(c) of the Act;
### 10. "Facultative Reinsurance" means reinsurance for a single risk or a defined package of risks, where neither the cedant is obliged to submit these risks to the reinsurer nor the reinsurer is obliged to provide reinsurance protection;
### 11. 'Financial Year' means the period as defined under Section 2 (41) of the Companies Act, 2013;
### 12. 'Foreign Re-insurer's Branch', hereinafter called by acronym 'FRB', means a branch of a Foreign Company engaged in re-insurance business, who has been granted certificate of registration by the Authority under the Insurance Regulatory and Development Authority of India (Registration and Operations of Branch Offices of Foreign Re-insurers other than Lloyd's) Regulations, 2015 or under the Insurance Regulatory and Development Authority of India (Lloyd's India) Regulations, 2016;
### 13. "Fronting" means a process of transferring risk in which an Indian Insurer cedes or retro-cedes most of or all of the assumed risk to a Re-insurer or retrocessionaire;
### 14. 'Indian Insurer', for the purpose of these regulations, means an 'insurer' as defined under section 2(9) of the Act, which has been granted certificate of registration by the Authority, and shall also include Exempted Insurers and IIOs;
### 15. 'Insurance Pool' means a joint underwriting operation of insurance or re-insurance business, in which the participating Indian Insurers assume a predetermined share in all business written;
### 16. 'Insurance Segment', for the purpose of these regulations, means and includes the following-
A. Fire (Other than Oil & Energy);
B. Marine Hull;
C. Marine Cargo;
D. Engineering;
E. Aviation;
F. Motor;
G. Health (including Personal Accident & Travel), other than policies issued by insurers transacting Life Insurance business;
H. Crop;
I. Trade Credit;
J. Oil & Energy;
K. Liability;
L. Miscellaneous;
M. Life (including health insurance policies issued by Life Insurers);
N. Any other segment (under Miscellaneous segment) which contributes more than ten percent of the Gross Written Premium of the Miscellaneous segment;
O. Any other segment as may be notified by the Authority from time to time;
### 17. 'International Financial Service Centre (IFSC) Insurance Office', hereinafter called by acronym 'IIO', means a branch office, of an insurer or a Re-insurer domiciled in India or outside, which has been granted a certificate of registration by the Authority to set up its office in IFSC-SEZ, to transact insurance business or re-insurance business or both;
### 18. 'Re-insurance Contract' is a commercial agreement and legally binding on all the parties evidenced by a Reinsurance Slip or Cover Note or such other document;
### 19. 'Re-insurance Slip' is a document, which provides the abridged details of the risk, terms and conditions offered for re-insurance;
### 20. 'Retention' means the portion of the risk, which an Indian Insurer assumes for its own account;
### 21. 'Retrocession' means a re-insurance transaction whereby a part of assumed reinsured risk is further ceded to another Indian Insurer or a CBR;
### 22. 'Treaty' means a reinsurance contract between a cedant and a reinsurer or between a reinsurer and a retrocessionaire, usually for one year, which stipulates the technical particulars and financial terms applicable to the reinsurance of defined class(es) or segment(s) of business;
### 23. Words and expressions, used and not defined in these regulations but defined in the Act or Insurance Regulatory and Development Authority Act, 1999 (
41 of 1999
) or the General Insurance Business (Nationalization) Act, 1972 (
57 of 1972
) or the Life Insurance Corporation Act, 1956 (
31 of 1956
), rules or regulations made there under shall have the meanings respectively assigned to them in those Acts or rules or regulations.
### 3. Re-insurance Programme. - 1. Objectives
The Re-insurance Programme of every Indian Insurer shall be guided by the following objectives to:
A. Maximize retention within the country, subject to proper and adequate diversification of risks;
B. Develop adequate technical capability and financial capacity;
C. Secure the best possible Re-insurance coverage required to protect the interest of the policyholders and (retro) cedants at a reasonable cost;
D. Simplify the administration of business.
### 2. Retention policy A. Every Indian Insurer shall
a. maintain the maximum possible retention in commensuration with its financial strength, quality of risks and volume of business;
b. formulate a suitable insurance segment-wise retention policy; bearing in mind the above stated objectives, duly approved by its Board;
c. ensure that the Re-insurance arrangement is not fronting.
B. However, every Indian Insurer, transacting life insurance business, shall maintain a minimum retention of -
a. 25% of sum at risk under pure protection life insurance business portfolio and
b. 50% of sum at risk under other than pure protection life insurance business portfolio.
Explanation. - The portfolio of business existing prior to the date of effect of these regulations shall continue to be governed by the existing treaties.
C. Every Indian Re-insurer shall maintain a minimum retention of 50% of its Indian business.
D. The Authority may require an Indian Insurer to justify its retention policy and may give such directions, as considered necessary, to fulfill the objectives.
### 3. Re-insurance Arrangements. - A. Every Indian Insurer shall - a. commence its annual Re-insurance Programme from the beginning of every financial year;
b. submit to the Authority, its Board approved Re-insurance Programme along with its retention policy for the forthcoming financial year, 45 days before the commencement of the financial year;
c. file with the Authority, within 30 days of the commencement of the financial year:
i. its Board approved Final Re-insurance Programme incorporating the changes, if any, in the programme submitted under 3(3) (A)(b) above or a declaration by the CEO that the entity has not made any change in the filed Programme;
ii. re-insurer wise details of actual placements during previous financial year for each Insurance Segment;
d. file with the Authority any new or revision of Re-insurance arrangement (made after the final Re-insurance Programme under 3(3) (A)(c) above is submitted), giving full details with related documents, reasons for such an arrangement together with Board approved copy within 15 days of approval of the Board.
B. The Board, while formulating the Re-insurance Programme and the retention policy, shall ensure that the Reinsurance arrangements are effective and appropriate by taking into consideration, inter-alia, the following factors:
a. Business mix, overall risk appetite, type and extent of Re-insurance protection required;
b. Level of risk concentration and retention levels;
c. Mechanism of reinsurance.
C. The Re-insurance Programme of Indian Insurers shall include, but not limited to, the following:
a. Insurance Segment-wise parameters considered for fixation of retention limits;
b. Insurance Segment-wise statement of retention limits for the proposed financial year vis-a-vis retention limits in the current financial year and reasons for variations, if any;
c. Insurance Segment-wise statement of net retention ratio for the current financial year (estimated) and for the previous three financial years;
d. Insurance Segment wise statement of the actual Gross Written Premium Income for the previous financial year, for current financial year (estimated) and the projected Gross Written Premium income for the forthcoming financial year;
e. Structure of Re-insurance Programme with details of Proportional arrangements for each Insurance Segment (including treaty capacity, retention limits, estimated premium, re-insurance commission structure, event limits etc.) and Non-Proportional Arrangements for each insurance segment (including estimated gross net premium income, cover limits, deductible, excess of loss premium, reinstatement provisions etc.);
f. Insurance Segment-wise Statement of Re-insurance cost (in terms of quantum as well as percentage to Gross Written Premium) giving details of Gross Written Premium, premium ceded on proportional arrangements and premium ceded on non-proportional arrangements along with Statement showing projected costs for the forthcoming financial year and the actual costs for the previous three financial years including estimated cost for current financial year;
g. Details of Inward Re-insurance business, if any, separately for Domestic and Foreign business;
h. Details of Inter-Company Re-insurance arrangements, if any, with other Indian Insurers transacting direct insurance business.
D. In addition to the requirements as at regulation 3(3) (C) above, every Indian Reinsurer, FRB and IIO writing reinsurance business, shall file the Board approved underwriting policy. Any subsequent change, in the underwriting policy, shall be duly approved by the Board and filed with the Authority within 15 days of Board's approval.
### 4. Catastrophic Risk Protection. - Every Indian Insurer shall: A. ensure that its Re-insurance arrangements in respect of catastrophe accumulations are adequate;
B. have the catastrophe modeling report and the basis along with return period estimates, on which the quantum of catastrophe protection is purchased for each of the perils for the forthcoming financial year duly approved by its Board;
C. file a synopsis of the report along-with the Re-insurance Programme.
### 5. Maintenance of Records. - Every Indian insurer shall submit soft copies of each and every re-insurance contract, list of Re-insurers with their credit rating, their shares in the proportional and non-proportional Re-insurance arrangement. The hard copies of the above documents shall be maintained for the period specified in the relevant extant regulations and shall be made available to the Authority for inspection. ###
4. Cross Border Re-insurer (CBR) .
- 1. No Indian Insurer shall place its Re-insurance business with any CBR, unless it satisfies the following eligibility criteria: -
A. The CBR is an insurance or Re-insurance entity in its home country, duly authorized by its home country regulator to transact re-insurance business during the immediate past three continuous years;
B. The CBR has a credit rating of at least BBB from Standard & Poor or equivalent rating from an international rating agency during the immediate past three continuous years;
C. The home country of the CBR has signed Double Taxation Avoidance Agreement with India;
D. The CBR has minimum solvency margin or capital adequacy, as specified by the home country regulator, during the immediate past three continuous years;
E. The past claims settlement experience of the CBR is found to be satisfactory;
F. Any other requirements as stipulated by the Authority from time to time.
### 2. Reinsurance placements with a CBR, not fulfilling the above stated eligibility criteria shall require prior approval of the Authority. ###
3. The Authority may stipulate norms for relaxations of these criteria and limits of cessions to a CBR under Regulation 6 along with operational procedures for filing CBR information, through guidelines issued from time to time.
### 5. Procedures for Re-insurance placements. - 1. Obtaining best terms for Cessions: Every cedant, shall be free to obtain best terms for its Re-insurance protection of domestic risks, subject to the following:
A. Cedants shall seek terms at least from all Indian Re-insurers, who have been transacting Re-insurance business (other than emanating from obligatory cession) during the immediate past three continuous years and at least from four FRBs.
B. No cedant shall seek terms from:
a. IIOs having credit rating below A- from Standard & Poor's or equivalent rating from any other International Rating Agency, or
b. CBRs having credit rating below A- from Standard & Poor's or equivalent rating from any other International Rating Agency.
C. No cedant shall seek terms from any Indian Insurer, not registered with the Authority to transact reinsurance business.
D. The cedant shall be responsible and accountable to comply with these regulations, irrespective of whether the terms are obtained directly or through Re-insurance Broker.
### 2. Offer for Participation: A. Every cedant shall offer best terms obtained, for participation in the following order of preference:
a. to Indian Re-insurers, transacting re-insurance business (other than emanating from obligatory cession) during the immediate past three continuous financial years;
b. to other Indian Re-insurers and FRBs;
c. to the IIO as under regulation 5(1) (B)(a) which provided the best and lead terms with capacity of not less than 10%;
d. to the CBR as under regulation 5(1) (B)(b) which provided the best and lead terms with capacity of not less than 10%;
e. to other IIOs;
f. to other Indian Insurers (only Facultative) and CBRs.
Explanation. - Except for facultative reinsurance protection, no cedant shall offer for participation to any Indian Insurer, which is not registered with the Authority exclusively to transact reinsurance business. Further such Indian Insurer shall not be offered to lead on any reinsurance protection.
B. Subject to compliance of regulation 5(2) (A) above, no cedant, except through the FRBs, shall make an offer for participation to the CBRs, which are applicant companies of the FRBs, unless:
a. The total sum-insured is rupees two thousand five hundred crore or more for property insurance, material damage and business interruption combined at one location; or
b. The total sum-insured is rupees one hundred crore or more for liability cover, per event; or
c. The offer for participation is for Aviation, Oil & up-stream energy, Marine Hull risk; or
d. Prior approval of the Authority is obtained for exceptions to the above.
C. The cedant shall be responsible and accountable to comply with these regulations, irrespective of whether the offer for participation is made -
a. directly or through Re-insurance Brokers,
b. to the facilities of Re-insurance capacity arranged by Re-insurance Brokers,
c. to the promoter company or its associate group companies.
### 3. Nothing in Regulations 5(1) and 5(2) shall apply to the following: A. Retrocession or reinsurance placements of Indian Re-insurers, FRBs, IIOs and Insurance Pools;
B. Existing inter-company arrangements of the Indian Insurers transacting direct insurance business;
C. Obligatory cessions as notified from time to time under Section 101A of the Act;
D. Re-insurance placements of Indian insurers transacting life insurance business. However, Indian insurers, transacting life insurance business, shall endeavor to utilize the Indian domestic capacity before offering to the CBRs.
### 4. Further that no Indian insurer transacting life insurance business shall, without the prior approval of the Authority, have re-insurance arrangements with its promoter company or its associate or group companies except on terms which are commercially competitive, on an arm's length basis. ###
6. Cession limits.
- 1. Re-insurance placements with CBRs by the cedants transacting other than life insurance business shall be subject to the following overall cession limits during a financial year.
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Rating of the CBR as per Standard & Poor or equivalent
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Maximum overall cession limits allowed per CBR
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Greater than A+
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20%
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Greater than BBB+ and up to and including A+
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15%
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BBB & BBB+
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10%
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Explanation: The above percentages are to be calculated on the total reinsurance premium ceded out-side India.
### 2. No placement exceeding the aforesaid limits shall be made unless prior approval of the Authority is obtained. ###
7. Domestic Insurance Pools.
- 1. The proposal for an Insurance Pool, could be initiated by any Indian Insurer by submitting a proposal to the Authority.
### 2. The Authority, after examining various factors including its objectives, basis, capacity for participation, limits of liability, terms and conditions, may permit formation of domestic Insurance Pool(s) . The Authority, wherever necessary, may also suo-moto direct Indian Insurers to create and participate in domestic Insurance Pools. ###
3. Constitution of the Insurance Pools and selection of Administrator shall be as per the direction of the Authority.
### 4. The Pool Administrator shall submit the returns, details of Re-insurance arrangement, statements on the performance of the pool, in the manner and periodicity as stipulated by the Authority from time to time. ###
8. Alternative Risk Transfer (ART) .
- 1. An Indian Insurer, intending to adopt ART solutions, shall submit such proposals to the Authority.
### 2. The Authority, after necessary examination and on being satisfied with the type of ART solution may allow the ART proposal on a case to case basis. ###
9. Inward Re-insurance Business.
- Every Indian Insurer (transacting direct insurance business) for writing inward Re-insurance business shall:
### 1. put in place a well-defined underwriting policy duly approved by its Board; ###
2. file with the Authority, its inward re-insurance underwriting policy (stating the insurance segments, geographical scope, underwriting limits, and performance objectives) duly approved by its Board along with the Re-insurance Programme within the time lines specified in Regulation 3 above; and
### 3. file with the Authority any change to the inward re-insurance underwriting policy filed earlier as and when a change is made duly approved by its Board within 15 days of Board approval. ###
10. Submission of Information.
- Every Indian Insurer shall submit to the Authority, information and returns relating to its Re-insurance transactions, in such form and manner as the Authority may stipulate from time to time.
### 11. Repeal and Savings. - 1. These Regulations repeal the Insurance Regulatory and Development Authority of India (General Insurance - Reinsurance) Regulations, 2016 and Insurance Regulatory and Development Authority (Life Insurance - Reinsurance) Regulations, 2013.
### 2. Unless otherwise provided by these regulations, nothing in these regulations shall deem to invalidate arrangements entered prior to these regulations coming into force. ###
3. The Insurance Regulatory and Development Authority of India (Registration and Operations of Branch Offices of Foreign Reinsurers other than Lloyd's) Regulations, 2015, shall be amended in the manner specified in The First Schedule of these regulations.
### 4. The Insurance Regulatory and Development Authority of India (Lloyd's India) Regulations, 2016 shall be amended in the manner specified in The Second Schedule of these regulations. ###
12. Power of the Authority.
- 1. The Authority may call for further information or explanation, as may be necessary, on all matters related to Reinsurance and may direct the Indian insurer to carry out necessary changes in the Re-insurance Programme filed with the Authority.
### 2. The Authority may issue guidelines stipulating such terms and conditions for Re-insurance placements including- A. Collateral, risk charges;
B. recognition of equivalent jurisdictions;
C. percentage of cession limits with a CBR, all CBRs taken together.
### 3. In order to remove doubts or difficulties that may arise in the application or interpretation of any of the provisions of these Regulations, the Chairperson of the Authority may issue appropriate clarifications or guidelines as deemed necessary. First Schedule
[See Regulation 11 (3) ]
Amendment To The Insurance Regulatory and Development Authority of India
(Registration and Operations of Branch Offices of Foreign Reinsurers Other Than Lloyd's) Regulations, 2015.
a. Regulations 5 (1) and 5 (2) of these Regulations supersede and replace Regulation 28(9) of the Insurance Regulatory and Development Authority of India (Registration and Operations of Branch Offices of Foreign Reinsurers other than Lloyd's) Regulations, 2015.
b. Regulation 4 of the Insurance Regulatory and Development Authority of India (Registration and Operations of Branch Offices of Foreign Reinsurers other than Lloyd's) Regulations, 2015 shall be substituted by the following:
"4. Requisition for Registration application: An applicant shall make a requisition for registration application under Regulation 3 for Re-insurance business wherein the branch office of foreign Re-insurer shall maintain a minimum retention of 50% of the Indian Re-insurance business."
c. The words "for reinsurance category as specified in Regulation 4 of these Regulations" under Regulation 15 of the Insurance Regulatory and Development Authority of India (Registration and Operations of Branch Offices of Foreign Reinsurers other than Lloyd's) Regulations, 2015 shall be deleted.
d. Regulation 28(8) shall be substituted by the following:
"Reinsurance: - the Branch Office of Foreign Reinsurers shall be subjected to Insurance Regulatory and Development Authority of India (Re-insurance) Regulations, 2018."
e. Point no- 6 of FORM IRDAI/Reins/R1, of the Insurance Regulatory and Development Authority of India (Registration and Operations of Branch Offices of Foreign Reinsurers other than Lloyd's) Regulations, 2015 shall be deleted.
Second Schedule
[See Regulation 11 (4) ]
Amendment To The Insurance Regulatory and Development Authority of India (Lloyd's India) Regulations, 2016.
a. Regulation 8 of the Insurance Regulatory and Development Authority of India (Lloyd's India) Regulations, 2016 shall be substituted by the following:
"8. Requisition for Registration application: An applicant shall make a requisition for registration application under Regulation 7 for Re-insurance business wherein the Lloyd's India Syndicate shall maintain a minimum retention of 50% of the Indian Re-insurance business."
b. The words "for Reinsurance category as specified in regulation 8 of these regulations" under regulation 19 and the words "for the category of Reinsurance business" under regulation 44 of the Insurance Regulatory and Development Authority of India (Lloyd's India) Regulations, 2016 shall be deleted.
c. Regulation 50(7) shall be substituted by the following:
"Reinsurance: - The syndicates of Lloyd's India shall be subjected to Insurance Regulatory and Development Authority of India (Re-insurance) Regulations, 2018."
d. Point No. - 6 of FORM IRDAI/LLOYD'S/R1, of the Insurance Regulatory and Development Authority of India (Lloyd's India) Regulations, 2016 shall be deleted.
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