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880d5c32-cacd-5cfa-9f1c-552f295c8d9f | court_cases | Jammu & Kashmir High CourtJagdev Singh vs Rajiv Mehrishi on 13 November, 2018Bench:Chief Justice,Alok AradheRegular list
Item No. 32
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CPPIL No. 02/2017
Date of order: 13.11.2018
Jagdev Singh vs. Rajiv Mehrishi
Coram:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE ALOK ARADHE, JUDGE
Appearing counsel:
For Petitioner/Appellant(s) : Petitioner in p erson.
For respondent (s) : Mr. L. K. Moza, AAGi/ Whether to be reported in : Yes/No
Press/Media
ii/ Whether to be reported in : Yes/No
Digest/Journal
Learned counsel for the respondents submits that the respondents have
filed the compliance report, wherein the respondents have stated that they have
complied judgment dated 17.10.2016 passed by this Court in WPPIL No.
29/2016.Adjourned at the request of petitioner.
List again on 20th November 2018
(ALOK ARADHE) (GITA MITTAL)
JUDGE CHIEF JUSTICE
JAMMU
13.11.2018
Karam Chand
__________________________________________________________________________________Page 1 of 1 |
4bc5380a-87cc-5e0a-95bb-c12ffa7cee05 | court_cases | Delhi High CourtM/S. Living Media India Ltd. vs Adarsh Gupta & Ors. on 18 August, 2009Author:Aruna SureshBench:Aruna Suresh* HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS)No.1175/2003
Judgment delivered on: 18th August, 2009
# M/s. Living Media India Ltd. ..... Plaintiff
! Through : Mr. S.D. Salwan, Advocate
Mr. Neeraj Choudhary, Advocate
Versus
$ Adarsh Gupta & Ors. .....Defendants
^ Through : Nemo.
%
CORAM:
HON'BLE MS. JUSTICE ARUNA SURESH
(1) Whether reporters of local paper may be
allowed to see the judgment?
(2) To be referred to the reporter or not? Yes
(3) Whether the judgment should be reported
in the Digest ? Yes
JUDGMENTARUNA SURESH, J.1. Plaintiff company has filed the present suit for
perpetual injunction for restraining the defendants
from passing off, infringement of copyright,
rendition of accounts and delivery etc. in the name
of 'Today'.CS(OS) No.1175/2003 Page 1 of 192. Briefly narrated, the case of the plaintiff is that it is
a public limited company and Chand Prakash being
Manager Administration of the plaintiff company
has been duly authorized by way of resolution of
Board of Directors dated 25.4.2003 to sign, verify
and file the present suit on its behalf, that plaintiff
is the publisher of most reputed leading magazine
'India Today' which is being published in different
languages in India as well as abroad, that it has
wide circulation, that plaintiff alleges that it is
running its business of printing, publishing and
producing the magazine 'India Today' since 1975,
that the said registered magazine is registered
under the name and style of 'India Today' with the
Registrar of Newspapers for India under
Registration Certificate No.28587 of 1975, that
plaintiff is also registered as proprietor of
trademark 'India Today' having registration
No.295963 as of 4th October, 1982, that plaintiff
filed an application seeking registration of the said
trademark 'India Today' in Hindi language for its
newspapers, periodicals, magazines etc., that theCS(OS) No.1175/2003 Page 2 of 19word 'Today' is an essential and dominant feature
and it is written in a characteristic logo style in
which the artistic copyright subsists with the
plaintiff, that plaintiff is first person to use the
word 'Today' as covered underSection 2(c)of the
Copyright Act, that the name and style as well as
layout of the word 'Today' is the exclusive property
of the plaintiff for all categories as specified in its
application, that under the law it is distinct and
exclusive copyright and the trademark 'Today' for
publications with the plaintiff since 1954, that the
visual impact of the word 'Today' being
represented in the artistic script is a significant one
and the viewers/public and readers identify the
plaintiff's production not by the trademark 'Today'
but also by peculiar style of writing, that English
evening daily newspaper published under the name
and style 'Today' is also registered under
registration No. DELENG/2002/9066, that the word
'Today' has become synonymous to authentic news
and has been generated and used exclusively by
the plaintiff in various languages which has given aCS(OS) No.1175/2003 Page 3 of 19secondary meaning to the identification of the word
as 'India Today Group', that 'Today' is so distinctive
that it has acquired a meaning, that any prefix or
suffix has no relevance so far as action of passing
off is concerned, that the only object and design of
any person to adopt the trademark 'Today' would
be to trade and encash upon the goodwill of the
plaintiff earned over the years because of its
extensive popularity, that the annual subscription
of the magazine 'India Today' all over India is
approximately Rs.15 lacs and annual turnover of
the company from the sale of its various
publications since the year 1998 has been
increasing from Rs.8867.07 lacs to Rs.10479.14
lacs in 2002, that the said artistic work at the
behest of the plaintiff was originally authored by
one of its employees employed under a contract of
service and the plaintiff became the first copyright
owner of the said artistic work and the first
publisher of the said artistic/literary work of the
way and style of writing the 'Today' in Hindi as well
in the other languages, that no person without theCS(OS) No.1175/2003 Page 4 of 19permission or consent of the plaintiff has right to
use or reproduce the word 'Today' in its distinctive
style and manner or any other deceptively similar
manner, that without the permission of the plaintiff
any such move is an infringement of the copyright
of the plaintiff, that during the last week of March
2003 the plaintiff came to know that the defendants
have introduced the newspaper under the name
and style of 'Today News' in Hindi, that on search
by the plaintiff with the concerned authorities, it
was revealed that no such name had been
registered earlier in any class, that the adoption
and use of the mark 'Today' by the defendants in
respect of their publication is an exact
reproduction of the mark of the plaintiff which is
illegal and unlawful, that the layout style as well as
the manner in which the plaintiff's trademark has
been depicted has been copied/infringed in an
identical/similar manner, that the adoption of
trademark of name 'Today' in a deceptively similar
artistic style and manner of the defendants is
actuated by malafides and with an intention toCS(OS) No.1175/2003 Page 5 of 19encash upon the goodwill and reputation belonging
to the plaintiff, that as the adoption and use of the
trademark 'Today' which is visually and
phonetically similar to the reputed and well known
trademark 'Today' of the plaintiff in respect of the
news related magazines, newspapers and
newsletter is bound to lead to confusion and
deception amongst the purchasing public and trade
and creating an impression that the defendants'
goods are some way connected with the goods of
the plaintiff, that defendants are guilty of passing
off their goods as those of the plaintiff as their
goods are of cognate and allied nature to that of
the plaintiff's goods having identical trading
channels and sold to the same purchasers, that
therefore the defendants have infringed the
trademark/trade name of the plaintiff and also its
copyright in their artistic style and writing 'Today',
that if the defendants are allowed to continue with
their illegal designs, the loss suffered by the
plaintiff would be of irreparable nature and would
cause injury to its business name, reputation andCS(OS) No.1175/2003 Page 6 of 19goodwill. Hence, this suit for injunction and
rendition of accounts.3. Defendants were served vide publication in
newspaper 'Statesman' dated 2.4.2004 at their last
known address as well as on the notice board of the
Court by way of affixation. Despite due service of
process on them defendants did not care to appear
in the Court and contest the suit of the plaintiff.
Hence, they were proceeded ex-parte by this Court
vide its order dated 15.9.2004.4. Plaintiff company has produced its evidence by way
of affidavit Ex.PW1/A of Sh. Chand Prakash, its
Senior Manager Legal and affidavit Ex. PW2/A of
Sh. Binod N. Tiwari, its Assistant Manager.5. Plaintiff had filed an affidavit of Chand Prakash in
evidence in the Court on 10.5.2005. Plaintiff filed
another affidavit of this very witness in the Court
on 12.2.2007. The second affidavit is in fact the
detailed affidavit in evidence of Chand Prakash
filed by the plaintiff. It is in no manner additional
affidavit as is apparent from the record. After theCS(OS) No.1175/2003 Page 7 of 19filing of the first affidavit in evidence, the learned
counsel for the plaintiff exhibited some documents
in the Court as Ex.PW1/2 to Ex.PW1/13 on
20.5.2005. Probably the second affidavit was filed
without taking into consideration the fact that
affidavit of Chand Prakash had already been placed
on record. In the second affidavit plaintiff has
exhibited documents PW1/1 to PW1/31. Some of
these documents have also been exhibited in
evidence in the affidavit of Binod N. Tiwari. I shall
be referring to some of the documents exhibited in
the statement of PW-2, Binod N. Tiwari which
though shown as exhibited in the affidavit have not
been exhibited in evidence by the learned counsel
for the plaintiff while examining Mr. Chand
Prakash. I also make it clear that since there are
repeated different exhibit marks on the same
documents I shall refer only to the exhibits which
find mention in the affidavit Ex.PW1/A filed by
Chand Prakash on 12.2.2007.6. Chand Prakash, PW-1 in his evidence by way of his
affidavit has proved that plaintiff is a companyCS(OS) No.1175/2003 Page 8 of 19incorporated under theCompanies Actvide
Certificate of Incorporation Ex.PW1/1. He has
testified that by way of Resolution dated 25.4.2003,
original copy of which Ex.PW1/2, he has been
authorized by the plaintiff to sign, verify and file
the present suit on behalf of the plaintiff company
against the defendants. By way of his affidavit he
has fully supported the case of the plaintiff as
averred in the plaint and has proved in evidence
the documents like various trademark registration
certificates of the word 'Today' being used by the
plaintiff with many other pre-fix or suffix in various
magazines, newspaper and other publications
which are Ex.-PW1/3 to PW1/25. He also proved in
evidence the original front cover of the magazine
named 'India Today' published in English as well as
in Hindi as Ex.-PW1/26 and PW1/27 respectively.
He further proved in evidence the registration
certificate No.DELENG/2002/9066 dated 14.2.2003
wherein the name and style of plaintiff's newspaper
'Today' is registered as Ex.PW1/29 along with its
representations. He has categorically deposed thatCS(OS) No.1175/2003 Page 9 of 19defendants, in order to cash in on the name and
goodwill of the plaintiff, have started Hindi
newspaper with the name of 'Today' with a suffix of
'news' suggesting its publication to be called
'Today News'. The defendants have used the word
'Today' in their newspaper in exactly the same
manner and style in which the word 'Today' is
written in the Hindi Magazine of the plaintiff. He
further testified that defendants have therefore
copied the plaintiff's trademark and copyright of
the word 'Today' and has used it in a deceptive
manner with a view to give an impression on the
public that their paper is also published by the
plaintiff company. He also testified that the style
and presentation of 'Today' by defendants in their
impugned publication is identical to that of plaintiff
which is causing grave loss of business and
credibility to the plaintiff and such user is also an
infringement to the intellectual property right of
the plaintiff. The defendants have passed off their
publication as that of the plaintiff. In his testimony
he proved the issue of 'Today News' dated 3/9-CS(OS) No.1175/2003 Page 10 of 194.2003 as Ex.-PW1/30. He also proved in evidence
the legal notice dated 7.4.2003 Ex.-PW1/13 (in his
affidavit he has exhibited copy of the notice as Ex.-
PW1/31 but the document was not tendered in
evidence, however, since the copy of this notice
was earlier tendered in evidence when the first
affidavit was filed and exhibited as PW1/13, the
same finds mention here).7. PW-2 Binod N. Tiwari, Assistant Manager, tendered
in evidence his affidavit Ex.-PW2/A. He has
testified that plaintiff company had filed a
complaint for offence underSection 78and79of
the Trade and Merchandise Marks Act read withSection 63and65of the Copyright Act underSections 420,425and486of the Indian Penal Code,
which complaint is pending adjudication before the
Metropolitan Magistrate at Patiala House Court.
He proved the copy of the complaint as Ex.-PW2/1
and copy of the court proceedings as Ex.-PW2/2.
He further corroborated the testimony of PW-1
Chand Prakash regarding the certificate of
registration of the plaintiff company passed byCS(OS) No.1175/2003 Page 11 of 19Deputy Registrar of trademarks on 29.1.1988 in
respect of 'India Today' of the Hindi edition along
with additional representations in Form TM-1 Ex.-
PW2/5, Certificate of Registration dated 14.2.2003,
Extract of Resolution dated 25.4.2003 and notice
dated 4.7.2003 Ex. PW1/13 which was sent by
registered cover as well as UPC which he proved in
evidence as Ex.-PW2/7 and PW2/8. Ex.-PW2/9 is
the AD card received from the defendant No.1 for
having received the notice.8. I have heard Mr. Neeraj Choudhary, learned
counsel for the plaintiff and have carefully perused
the record. Plaintiff is a company which is carrying
on its business of publishing newspapers,
magazines and other various publications for
number of years. Plaintiff is a duly incorporated
company under theCompanies Registration Actvide Certificate of Incorporation copy of which is
Ex.-PW1/1. Chand Prakash PW-1 has been duly
authorized to sign, verify and file the present suit
on behalf of the plaintiff against the defendants as
is proved from the copy of the Directors' ResolutionCS(OS) No.1175/2003 Page 12 of 19dated 25.4.2003 Ex.-PW1/2. Plaintiff has
successfully proved in evidence that the word
'Today' is a distinct name which is used by the
plaintiff for publication of its magazine 'India
Today' which is being published in various
languages including Hindi. It is admittedly a well
known magazine which is in circulation and in
demand not only all over India but also overseas.
The name 'Today' has been registered for
newspaper in English to be published by the
plaintiff vide registration No.DELENG/2002/9066
Ex.-PW1/29. Plaintiff is the owner of numerous
trademarks for its different publications in
newspaper, other magazines, music cassettes etc.
which have been exhibited as Ex.-PW1/3 to
PW1/25.9. By way of evidence, plaintiff has successfully
proved that it is the holder of trademark 'India
Today' in Hindi Language. All these registration
certificates conclusively prove that the plaintiff is
the exclusive owner and user of the word 'Today'
being its registered trademark in all its magazines,CS(OS) No.1175/2003 Page 13 of 19newspapers, other publications and music cassettes
etc. Plaintiff had applied in form TM-I along with
additional representation vide its application dated
15.1.2002 Ex-PW2/5. The artistic style and manner
of writing the trademark 'India Today' in Hindi for
which the plaintiff applied for registration of a
trademark have been specifically shown in writing
in the said form TM-I; Ex.-PW2/5.10. The grievance of the plaintiff is that defendants
have copied their trademark 'Today' in Hindi which
is an infringement to its trademark 'Today'
registered with the trademarks registered at
Bombay. The infringing newspaper has been
proved in evidence as Ex.-PW1/30. I have visually
examined the infringing name 'Today' in Ex.-
PW1/30 with that of the registered trademark
'India Today' in Hindi Ex.-PW1/27. I do find that
defendants have copied the trademark of the
plaintiff 'Today' in Hindi in an identical and similar
manner which, for a common person, visually could
appear to be the same. A common man under
these circumstances would go for purchasing theCS(OS) No.1175/2003 Page 14 of 19paper published by the defendants taking it to be
published by the plaintiff company i.e. the same
publisher who published 'India Today' in Hindi or
in English and other magazines carrying the
trademark name 'Today'. Phonetically also, when
spoken, the name 'Today' as registered would be
identical to name 'Today News' when spoken.11. Infringing newspaper was published much after the
plaintiff had filed an application in TM-I form
seeking registration of its trademark name 'Today'
in Hindi as well. The name 'Today' appearing in
Ex.-PW1/27 when compared with name 'Today'
appearing in Ex.-PW1/30, I find no difference as
visually they look identical. The defendants
therefore have copied the name 'Today' in the same
manner and the style in which it has been got
registered by the plaintiff as its trademark. Under
the circumstances plaintiff, being user of this name
over a long period, have got copyright in the
artistic style and manner in which it is used in its
various publications. Plaintiff therefore has
acquired exclusive property rights in the trademarkCS(OS) No.1175/2003 Page 15 of 19'Today' for all the categories for which it has been
registered or in its application and its style.
Plaintiff has also acquired exclusive copyright in
the writing style of the word 'Today' as it has a
particular characteristic style which can be termed
as an artistic work of the plaintiff and is being used
by it daily in its numerous publications.12. To save its trademark and copyright in the name
'Today', plaintiff has also filed a complaint on
14.5.2003 before the concerned court of
Metropolitan Magistrate at Patiala House. Vide
order dated 18.8.2003 the MM was pleased to
direct the SHO, Police Station Connaught Place to
investigate the matter underSection 156(3)Cr.P.C.
in accordance with law.13. Hence, I conclude that plaintiff has successfully
proved its case against the defendants. The
defendants have infringed the copyright and
trademark of the plaintiff in the trade name 'Today'
by using it in identical manner in its own magazine.
Defendants have therefore passed off the nameCS(OS) No.1175/2003 Page 16 of 19'Today' in their publication 'Today News' as that of
the plaintiff. This obviously must have decreased
the circulation of the publications of the plaintiff in
the market and consequent turnout of the plaintiff
company. The defendants are therefore guilty of
passing off their goods as those of the plaintiff and
also for infringement of its copy right in the
publication 'Today'.14. Plaintiff, though has claimed a relief of rendition of
accounts of profits illegally earned by the
defendants on account of use of the name 'Today'
in its publication 'Today News', however, no
evidence has been led by the plaintiff as regards
this relief is concerned. Plaintiff has also not led
any evidence to indicate if it actually suffered any
loss to the advantage of the defendants because of
publication of 'Today News' and its circulation in
the market. In para 23 of the plaint, plaintiff has
submitted that on account of being rendered
plaintiff would be found entitled to more than Rs.20
lacs. Plaintiff has not led any evidence regarding
its production turnover or defendants' earnedCS(OS) No.1175/2003 Page 17 of 19profits. Hence, in the absence of any evidence,
plaintiff is not entitled to any rendition of accounts
as prayed. Since the plaintiff itself has alleged in
para 23 that on account of being rendered, it shall
be found entitled to more than Rs.20 lacs and the
plaintiff itself has valued the suit for the purpose of
Court fees at Rs.20 lacs in para 31 (d) of the plaint
and has paid the ad-valorem court fees on the said
amount.15. Consequently, I hereby pass a decree of permanent
injunction in favour of the plaintiff and against the
defendants thereby restraining the defendants
themselves, their agents or any other persons on
their behalf from printing/publishing, offering for
sale, advertising, directly or indirectly dealing in
respect of printing and publication material
bearing the name 'Today' or 'Today News' and
from passing off their newspaper or any other
publication as the publication of the plaintiff or any
other trademark/name/tile/name of a publication
which is deceptively similar to the plaintiff's
trademark 'Today', in Hindi or any other languageCS(OS) No.1175/2003 Page 18 of 19and from using the name 'Today in any manner or
in the same logo script or an obvious or fraudulent
imitation or a substantial reproduction of the
plaintiff's logo script used in characteristic manner
or any other logo script which is imitation and
substantially reproduction of plaintiff's highly
artistic work amounting to infringement of the
plaintiff's copyright therein.16. Defendants are further directed to hand over the
infringing goods including magazines, blocks, dies,
lables, wrappers, price list, leaflets and literature
for purposes of destruction and/or obliteration to
the plaintiff on an affidavit with cost of the suit.
Suit of the plaintiff as regards relief of rendition of
accounts is hereby dismissed.17. The decree sheet be prepared accordingly.ARUNA SURESH
(JUDGE)
AUGUST 18, 2009
jkCS(OS) No.1175/2003 Page 19 of 19 |
b9b46932-3219-5428-b546-2195e3f77710 | court_cases | Allahabad High CourtLalji Yadav And Ors. vs State Of U.P. And Anr. on 20 November, 1997Equivalent citations: 1998CRILJ2366Author:I.M. QuddusiBench:I.M. QuddusiORDER
I.M. Quddusi, J.1. This petition under Section 482 Cr. P.C. was initially filed by four persons, namely, Lalji Yadav, Shahabuddin, Ataur Rahman urf Babu and Imtiaz Ahmad, who were allegedly involved in case crime No. 19 of 1997 underSection 364-A/120-B/302/34I.P.C. police station Bhelupra, Varanasi, challenging the order dated 30th August, 1997 passed by the Chief Judicial Magistrate, Varanasi by which the bail application of the applicants was rejected on the ground that they were not in custody of that court. It may be mentioned here that the application of one Mukhtar Ansari was also considered along with the bail application of these persons and the accused were detained in Ghazipur Jail in connection with some other offence.2. On 8-9-97 an application was moved on behalf of Mukhtar Ansari son of Subhanullah Ansari for being him impleaded as petitioner No. 5 in Criminal Misc. Application No. 5537 of 1997. Sri P.P. Srivastava, learned Senior Counsel assisted by Sri D. V. Singh appeared on behalf of Mukhatar Ansari and Stated that the applicants Lalji Yadav and others have no objection if Mukhtar Ansari is impleaded as petitioner No. 3, with them and he was appearing on behalf of those applicants as well as on behalf of Mukhtar Ansari applicant also. In view of this development, the application was allowed and Mukhtar Ansari was permitted to be impleaded as petitioner No. 5.3. Another application was filed on behalf of Mukhtar Ansari to the effect that he be treated to be in custody in the aforesaid case crime. No. 19 of 1997 and the Chief Judicial Magistrate, Ghazipur be directed to grant the remand during the pendency of the investigation underSection 167Cr. P.C. It was orally prayed that the execution of 'B' warrant be stayed against him. This Court heard the matter and passed a detailed order on 9-9-1997 in which it was provided that if the accused applicant Mukhtar Ansari was required to be produced before the Chief Judicial Magistrate, Varanasi, adequate security arrangements should be provided to him and the applicant shall be sent by the Jail authorities under the protection of a force other than the local police in case the order was produced before the jail authorities by 10.00 A.M. the next day. It was left open for the parties concerned to apprise the Chief Judicial Magistrate, Varanasi about the order passed by the Division Bench of this Court in writ petition No. 1932 of 1997 Shrimati Shanti Rungata v. State of U.P. dated 3-9-1997 as well as the facts stated by the learned Standing Counsel for the C.B.I, and if the court concerned considered that it was necessary to take the applicants into custody, it was free to pass appropriate orders.4. It may be mentioned here that vide order dated 3-9-1997 a Division Bench of this Court ordered that the matter should be investigated by C.B.I, and accordingly a direction was issued that the investigation in respect of the aforesaid case crime No. 19/97 underSection 364-A/366I.P.C. P. S. Bhelupura Varanasi shall be conducted by the C.B.I. Thereafter two applications were moved by applicant Mukhtar Ansari. In one application he prayed for the modification of the order dated 9-9-1997 in his respect that his arrest may be stayed during the pendency of the investigation by the C.B.I, till the submission of the charge sheet by the C.B.I, and in the other application he prayed to be permitted to amend the prayer made by him in the application filed by him on 8-9-1997 to the effect that his arrest may be stayed during the investigation by the C.B.I.5. The learned Counsel for the applicants Sri P.P. Srivastava, Senior Advocate, learned Standing Counsel for the C.B.I. Sri Girdhar Nath and the learned Counsel appearing for the informant Sri C. N. Tripathi have been heard at quite length.6. Sri P.P. Srivastava, learned Counsel for the applicants vehemently argued that the application for amendment in the original application be allowed and the order dated 9-9-197 be modified to the extent that the arrest of the petitioner be stayed. In support of his contention he has submitted that the C.B.I. has not been entrusted the investigation of the case by the Division Bench but has only been directed to enquire into the matter and there is difference between "enquiry" and investigation.7. The above submission of the learned Counsel for the applicants Sri P.P. Srivastava necessitated the perusal of the order passed by the Division Bench dated 3-9-197 passed in Writ Petition No. 1952 of 1997 as well as the learned Standing Counsel for the C.B.I. Sri Girdhar Nath was also called upon to verify as to whether the C.B.I, is making an enquiry or investigation.8. Vide order dated 3-9-1997 the Division Bench has observed in its order as under :Considering the facts and circumstances of the case, as has been detailed in our earlier order, we deem it desirable that this case should be investigated by C.B.I. Accordingly we direct that investigation in respect of Criminal Case No. 1997 underSection 364-A/366I.P.C. P. S. Bhelupur, Varanasi, shall be conducted by C.B.I....Shri Girdhar Nath has also stated that earlier before passing the order by the Division Bench the State Government had already referred the matter for investigation to the C.B.I. In view of the above quoted order of the Division Bench of this Court as well as the statement of Sri Girdhar Nath, it is clear that the matter is being investigated by the C.B.I9. Although the prayer for allowing the amendment in the main petition has been made but the Court consideres it fit and the whole case be decided instead of deciding the application separately. It may be mentioned here that the applicant Mukhatar Ansari's prayer with regard to the stay of his arrest is also being considered along with the main application and is being decided although this additional prayer through subsequent application is with regard to the only one of the applicants i.e. Mukhtar Ansari.10. The brief facts of the case are that one Mahabir Prasad Rungta had lodged a first information report at police station Bhelupur, Varanasi stating therein that on 22-1 -1997 at 5.45 P.M. when his brother Nand Kishor Rungta was sitting in his office at Ravindrapuri, a white Maruti Esteem car appeared and one person alighting from the car came to the Guard and telling his name as Vijai Singh expressed his desire to meet him. The guard informed his brother Nand Kishor Rungta about this. On this his brother called him in and after talking for 3-4- minutes they came out upto the outside-standing Maruti car. The persons sitting in the Maruti talked about 5-6 minutes standing by the side of the car and then the car proceeded towards north and reaching the road the earlier person again came out of the car and told the driver to take Nand Kishor Rungta to his Kothi. In the night at 10 P.M. a telephone call was received from which the fact of Kidnapping came into light. The telephone was immediately disconnected. The F.I.R. was lodged on 23rd January, 1997 at 14.50 O'clock. The F.I.R. was registered as case crime No. 19 of 1997 underSection 364-Aand365, I.P.C. Thereafter the investigation was referred to C.B.C.I.D. but the State Government thought it proper to refer the matter to C.B.I. The C.B.C.I.D. prima facie found the involvement of the applicants in the matter. They were in jail in connection with some other offence and hence 'B' warrant was issued by the C.J.M. Varanasi for taking the custody of the applicants. The wife of aforesaid Nand Kishor Rungta namely Shrimati Shanti Rungta filed a writ petition in this Court which was registered as Criminal Misc. Writ Petition No. 1932 of 1997 Shrimati Shanti Rungta v. State of U.P. which was heard and decided on 3-9-1997 by the Division Bench, which directed the investigation of the case crime by the C.B.I, as mentioned above.11. The Learned counsel for the C.B.I. has raised a preliminary objection to the effect that no prayer for quashing of the F.I.R. has been made and the petition underSection 482, Cr. P.C. is not maintainable. It has also been contended that the petition has been filed at a premature stage. A counter affidavit has been filed by the C.B.I, by one Rajeev Chandola Inspector, C.B.I. S.I.C. IV New Delhi in which only this much has been stated that the investigation by the C.B.I, in the matter in question is at the initial stage and it will not be proper to express any definite opinion regarding the involvement of the applicant. It has also been stated that the applicant Mukhtar Ansari has already been released on bail in case crime No. 44 of 1991 underSection 302I.P.C. Police Station Kotwali Ghazipur from the Court of District and Sessions Judge, Ghazipur on 19-9-1997 and this fact has resulted in making the application of Mukhtar Ansari infructuous.12. Vide supplementary counter affidavit, the C.B.I. Inspector Rajeev Chandola has stated that the matter is still at the initial stage of investigation and any intervention or interference by this Court will hamper the investigation and defeat the purpose and power of investigating agency which has been provided under theCode of Criminal Procedure.13. Learned counsel for the applicant Mukhtar Ansari Sri P. P. Srivastava, Senior Advocate has vehemently argued that if the investigation of the C.B.I, is at the initial stage and if it cannot be said whether the C.B.I, will involve the petitioner or not, at least he should be permitted to move on the street fearlessly and his rights may not be curtailed because if the arrest is not stayed, he will always apprehend in his mind that he may be arrested at any time as the C.B.C.I.D. has already involved him in the matter. Shri P. P. Srivastava has placed reliance on the case law laid down by the Hon'ble Supreme Court in the case ofJoginder Kumar v. State1994 (1) SCC 260 : AIR 1994 SC 1349 where it has been held that no arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing, the justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. A person is not liable to be arrested merely on the suspicion of complicity in an offence.14. Learned counsel for the C.B.I. Shri Girdharnath in reply to this has submitted that the C.B.I. is not relying on the investigation of the C.B.C.I.D. with regard to the involvement of the petitioners. The C.B.I, will satisfy itself by making independent investigation to find out the involvement of the petitioner Mukhtar Ansari or any of other applicants in the matter. He has further submitted that the arrest is a part of the investigation and in view of the decision of the Division Bench ordering investigation, the powers with regard toSection 173(2)(e)Cr. P.C. cannot be taken away.15. Mr. C.M. Tripathi, learned Counsel appearing for the informant has also submitted that the investigation has now admittedly been transferred to C.B.I, and the Chief Judicial Magistrate, Varanasi has passed order dated 10th September, 1997 stating that the court of C.J.M. Varanasi has now no jurisdiction in the present case and no 'B' warrant has been issued against Sri Mukhtar Ansari. It has been submitted that after the order dated 10th September, 1997 passed by the Chief Judicial Magistrate, Varanasi the present application underSection 482Cr. P.C. has become infructuous as the petitioners have not challenged any order of the Special Judge, C.B.I., Lucknow and have not approached the Court of Special Judge, C.B.I., Lucknow for any relief, he has also cited the case law reported inDenesh Trivedi M.P. v. Union of India(1997) 4 SCC 306 in which it has been held that the matter needs to be addressed by a body which can function with the highest degree of independence, being completely free from every conceivable influence and pressure.Such a body must possess the necessary powers to be able to direct investigation of all charges thouroughly before it decides, if at all, to launch prosecution, he has further referred to the case law reported in State represented by the C.B.I. v. Anil Sharma (1997) 7 SCC 187 : AIR 1997 SC 3806 in which the Hon'ble Supreme Court has held that in a case like this efective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed, Success in such interrogation would elude if the suspected person knows that he is well protected and isulated by a pre-arrest bail order during the time he is interogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders.16. Mr. Tripathi also placed reliance on a Division Bench decision of this Court reported inMohammad Mustafa v. State of U.P.1987 A.W.C. 332 : 1987 All LJ 611 where it has been held that the power of the police to investigate (he case registered on the basis of the first information report is unfettered and cannot be interfered with by High Court in the exercise of its inherent jurisdiction underSection 482, Cr. P.C. The power of the police to arrest the applicant with respect to a cognizable offence is mentioned inSection 41(1)(a)Cr. P.C. cannot also be interfered with by the High Court in the exercises of its inherent jurisdiction. Thus even though the applicant is not named in the above mentioned first information report the police has the power to arrest him in connection with the case registered on its basis underSection 41(1)(a), Cr. P.C. without any interference by High Court in the exercise of its inherent powers.17. With regard to the objection of the learned Counsel for the C.B.I. Shri Girdhar Nath that the arrest is a part of investigation as well as reference toSection 173(2)(e), Cr. P.C. this Court is of the opinion that inSection 173(2)(e), Cr. P.C. the only requirement is to furnish information to the Court concerned by the Officer Incharge of the Police Station whether the accused has been arrested. It does not mean that it is necessary to arrest the accused before submission of charge sheet in every case. No doubt that the police has ample power to arrest a person against whom allegations regarding commission of a cognizable offence or to even to prevent a person from commission of any cognizable offence is there but the same should only be exercised when a prima facie case is made out against the person or his arrest is necessary or justified as has been held by Hon'ble Supreme Court in the case ofJogender Kumar(supra). In view of this, it cannot. be said that the court can not stay the arrest because it is a part of investigation.18. The learned Counsel for the C.B.I. Shri Girdhar Nath then contended that the present petition underSection 482Cr. P.C. is not maintainable in view of seven Judges Full Bench decision in the case of Ramlal Yadav v. State of U. P. 1989 Cri LJ 1013 and the remedy of the petitioners lies else where. It has also been contended that since only a F.I.R. has been lodged and investigation is going on, this Court should refrain itself from interfering underSection 482, Cr. P.C. on the question of maintainability Mr. P. P. Srivastava, learned Counsel cited certain rulings which are being discussed hereinbelow :19.In Eastern spinningMills Shri Virendra Kumar Sharda v. Shri Rajiv PodderAIR 1985 SC 1668 : 1985 Cri LJ 1858, the Hon'ble Supreme Court observed that we consider it absolutely un-necessary to make reference to the decision of this Court and they are legion which have laid down that save in exceptional cases where non-interference would result in miscarriage of justice, the Court and the judicial process should not intefere at the stage of investigation.20.In the matter ofJanta Dal v. H. S. ChowdharyAIR 1993 SC 892 : 1993 Cri LJ 600 the Hon'ble Supreme Court has held at page 926 (of AIR):After the proposition of law enunciate by this Court in a series of decisions relating to exercise of the extra-ordinary powers underArticle 226of the Constitution or the inherent powers underSection 482of the Code in Bhajanlal's case (1990 (3) Supp. S.C.R.-259), we have given certain category of cases by way of illustrations wherein the power of quashing could be exercised either for preventing abuse of process of any court or otherwise to secure the ends of justice stating that it may not be possible to laydown any precise, clearly defined and sufficient channelised infrangible guidelines and rigid formula to give an exhaustive list of various kinds of cases wherein such power should be exercised....21.In the matter ofState of H.P. v. Pirthi Chand(1996) 2 SCC 37 : AIR 1996 SC 977 the Hon'ble Supreme Court has held at page 980 (of AIR) :It is thus settled law that the exercise of inherent power of the High Court is an exceptional one. Great care should be taken by the High Court before embarking to Scrutinise the FIR/Charge-sheet/Complaint. in deciding whether the case is rarest of rare cases to scuttle the prosecution in its inception, it first has to get into the grip of the matter whether the allegations constitute the offence. It must be remembered that FIR, is only an initiation to move the machinery and to investigate into cognizable offence. After the investigation is conducted (sic concluded) and the charge sheet is laid, the prosecution produces the statements of the witnesses recorded underSection 161of the Code in support of the charge sheet. At that stage it is not the function of the Court to weigh the pros and cons of the prosecution case or to consider necessity of strict compliance of the provisions which are considered mandatory and its effect of non-compliance. It would be done after the trial is concluded.xxx xxx xxx xxx
When the remedy underSection 482is available, the High Court would be loath and circumspect to exercise its extraordinary powers underArticle 226since efficacious remedy underSection 482of the Code is available. When investigating officer spends considerable time to collect the evidence and places the charge-sheet before the Court, further action should not be short circuited by resorting to exercise inherent power to quash the charge-sheet. The social stability and order requires to be regulated by proceeding against the offender as it is an offence against the society as a whole, This cardinal principle should always be kept in mind before embarking upon exercising inherent power....22.In the matter ofState of Bihar v. Rajendra Agrawalla JT1996 (1) SC 601 : 1996 Cri LJ 1372, the Hon'ble Supreme Court has held at page 1373 (of Cri LJ) :It has been held by this Court in several cases that the inherent power of the Court underSection 482of the Code of Criminal Procedure should be very sparingly and cautiously used only when the court comes to the conclusion that there would be manifest injustice or there would be abuse of the process of the Court, if such power is not exercised. So far as the order of cognizance by a magistrate is concerned, the inherent power can be exercised when the allegations in the first information report or the complaint together with the other materials collected during investigation taken at their face value, do not constitute the offence alleged. At that stage it is not open for the court either to shift the evidence or appreciate the evidence and come to the conclusion that no prime facie case is made out.23.In the matter ofState of Uttar Pradesh v. O.P. Sharma JT1996 (2) SC 488 : 1996 All LJ 601 the Hon'ble Supreme Court has held that the High Court has committed grave error of law in quashing the F.I.R. The High Court should be loathe to interfere at the threshold to thwart the prosecution exercising its inherent power underSection 482Cr. P.C. or underArticle 226and227of the Constitution, as the case may be, and allow the law to take its own course. In that case the Investigating Officer was directed to complete the investigation within four weeks from the date of receipt of the order of Hon'ble Supreme Court.24.In the matter ofRashmi Kumar (Smt.) v. Mahesh Kumar Bhada(1997) 2 SCC 397) the Hon'ble Supreme Court referring to its earlier views held that it is well settled legal proposition that the High Court should sparingly and cautiously exercise the power underSection 482of the Code to prevent the mis-carriage of justice and the principleslaid down inState of U. P. v. O. P. Sharma(supra) should always be kept in mind before embarking upon the exercise of inherent powers vested in the Court. In that case also the Hon'ble Supreme Court has held that the High Court was wholly wrong in quashing the complaint/proceedings underSection 482of the Code.25. In the matter of Girja Shanker Srivastava v. State of U. P. (Criminal Misc.Application No. 5811 of 1997 decided on 29-9-1997), learned brother S. K. Phaujdar J. discussed the various case laws right from theEmperor v. Khwaja Nazir AhmadAIR 1945 PC 18 : 1945 All LJ 47 while considering the question whether there is conflict between Full Bench decision of this Court in the case of Ram Lal Yadav (supra) and a decision of the Suprem Court in the case of Bhajan Lal, held that the law laid down by the Hon'ble Supreme Court is law of land underArticle 141of the Constitution and is binding within the territory of India, and it is not necessary to make any reference for a further decision by a larger bench and in obedience to the decision of the Supreme Court as required underArticle 141of the Constitution of India, it must be held that the Court does not lack jurisdiction in interfering in a criminal proceeding in exercise of its powers underSection 482, Cr. P.C. but it should be limited only to the rarest of the rare case in terms of the guideline given by the Supreme Court and, in fact, this was the view of the Court at least since 1944 when the privy Council pronounced its judgment inKhwaja Nazir Ahamad's case (supra). It was observedin that casethat the police had a statutory right under theCode of Criminal Procedureto investigate into the offence and the High Court should not interfere in exercise of its inherent power but, in this very judgment it was also held that if any cognizable offence was not disclosed or if no offence at all was indicated, the police would have no authority -to initiate an investigation and if it is done the High Court could interfere under its inherent power.26. A r'esume' of what has been discussed above, it is held that the inherent power of this Court to pass orders to secure the ends of justice or to prevent the abuse of the process of Court is always there and a petition underSection 482Cr. P.C. is maintainable but the court should exercise its powers very sparingly and cautiously in rarest of the rare case. If the individual case comes within the purview of the guidelines given by the Hon'ble Supreme Court in the case ofState of Haryana v. Bhajan LalAIR 1992 SC 604 : 1992 cri LJ 527.27. Now coming to the merits of the instant case, the first information report lodged undisputedly constitutes a cognizable offence and is registered as case crime No. 19 of 1997 underSection 365/120-B, I.P. Code. It is a matter of investigation as to who is involved in the commission of offence and it is the subject-matter of investigation. As indicated in the counter affidavit, the investigation by the C.B.I. is at the initial stage and at this stage it cannot be said whether the applicant Mukhtar Ansari is involved in the matter on the basis of the investigation done by the C.B.I, till the date of hearing of the case. The earlier investigation done by the U.P. Police and the C.B.C.I.D. has not been ordered to be continued by the C.B.I, and the C.B.I, was required to investigate the matter independently de novo and hence the apprehension of the applicant that since he has been involved by the C.B. C.I.D. would also be involved by the C.B.I. is misconceived.28. Further, the applicants have not been named in the first information report. In view of the order of the Chief Judicial Magistrate, Varanasi dated 10th September, 1997 the present application underSection 482, Cr. P.C. has become infructuous. Further, in view of the fact that the C.B.I. is investigating into the matter de-novo the prayer made by the petitioners for stay of arrest, in my opinion, is pre-mature. Furthermore, in my opinion, this is not a fit case for exercise of inherent jurisdiction under the Code as this case does not fall within the category of rarest of rare cases and on the facts and circumstances of the present case it is quite distinguishable from the facts of the case ofJoginder Kumar(supra).29. In the result, the petition fails and is dismissed. There shall be no order as to costs.30. Today this case was listed for delivery of judgment. Learned counsel for the petitioner, Sri D. V. Singh has moved this application today and Sri P.P. Srivastava, learned senior Advocate has put in appearance to argue and press this application. Sri Girdhar Nath is also present.31. Sri P.P. Srivastava, learned Counsel has submitted that a telephonic message has been received by his clerk, who has filed affidavit in support of this application that a large number of P.A.C. alongwith certain officers of C.B.I, have surrounded the house of the applicant, Mukhtar Ansari at Ghazipur and have restricted the movement of the entire family including children in order to arrest the applicant, and the lawlaid down bythe Hon'ble Supreme Court in the caseD.K. Basu v. State of West Bengal JT1997 (1) SC 1 : AIR 1997 SC 610, the C.B. I. has not followed the normslaid down bythe Hon'ble Supreme Courtin that case.32. At this stage it can not be said whether the intention of the C.B.I, is to arrest the applicant or for some other purpose the action is being taken and the learned Standing Counsel for the C.B.I. is also not in a position to say anything.33. Considering the facts and circumstances of the case, it is directed that the directions issued inD. K. Basu's case (supra) specially in paragraph 36 shall be followed by the C.B.I. which are as under :-(1) The police personnel carrying out the ;arrest and handling the interrogation of the arrestee should bear accurate, visible and clear 'identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.(2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by atleast one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and date of arrest.(3) A person who has been arrested or detained and is being held in Custody in police station or interrogation centre or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.(4) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organisation in the District and the Police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.(5) The person arrested must be made aware of this right to have someone informed of him arrest or detention as soon as he is put under arrest or is detained.(6) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next firend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is.(7) The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his her body, must be recorded at that time. The "inspection Memo" must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.(8) The arrestee should be subjected to medical examination by a trained Doctor every 48 hours of his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory. Director, Health Services should prepare such a panel for all Tehsils and Districts as well.(9) Copies of all the documents including the memo of arrest,referred to above, should be sent to the illaqa Magistrate for his record.(10) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.(11) A police control room should be provided at all district and state headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer cuasing the arrest within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicous notice board.34. With the above observations, this application stands disposed of.35. Copy of this order shall be supplied to the learned Counsel for the petitioner on payment of usual charges within 24 hours. |
bce5f372-e244-5855-9e5d-bc60919a51a0 | court_cases | Bombay High CourtPrakash Vasudeo Deodhar vs Special Land Acquisition Officer And ... on 16 June, 2006Equivalent citations: 2006(44)MHLJ384Author:R.M.S. KhandeparkarBench:R.M.S. Khandeparkar,Roshan DalviJUDGMENT
R.M.S. Khandeparkar, J.1. Heard. Rule. By consent, the rule is made returnable forthwith.2. By the present petition, the petitioner challenges the order dated 13th June, 2003 passed by the respondent No. 1 and simultaneously seeks direction for construction of a permanent Asphalt Road for approaching the remaining areas of land of the petitioner.3. As regards the challenge to the order dated 13th June, 2003, it is the contention of the petitioner that the Notification underSection 4of the Land Acquisition Act, 1894, thereinafter called as "the said Act", was issued on 16th January, 2001, it was published on 21st March, 2001, and considering the provisions ofSection 23(1A)of the said Act, along with the day of declaration of the award underSection 11, which was 7th October, 2002, the respondents ought to have calculated the interest in terms of the said provisions for a period of 630 days instead of 566 days, as has been calculated by the respondents.4. It is not in dispute that the Notification underSection 4was issued on 16th January, 2001. However, it is also not in dispute that the last date of publication of the said notification was 21st March, 2001. Considering the last date of publication of the notification underSection 4to be the 21st March, 2001 and that the award underSection 11was declared on 7th October, 2002, the period spent in between was of 566 days. Indeed, the authorities have calculated the interest for a period of 566 days. The period for calculation of interest underSection 23(1A)of the said Act would commence from the last date of publication of the notification underSection 4. The expression "publication" underSection 4has been settled to be the last day of publication of such notification by catena of decisions of this Court as well as of the Apex Court. The same meaning will have to be given to the said expression underSection 23(1A)of the said Act. We do not find any justification to give any meaning to the said expression in the said Section different from what is understood underSection 4itself. The presumption is that unless the context requires otherwise, same word in different Sections of the same statute would convey the same meaning throughout. Nothing is brought to our notice that the expression "publication" inSection 23(1A)has been used in any different context than the one used inSection 4of the said Act. Being so, no fault can be found with the authority rejecting the application filed by the petitioner for correction of the award.5. As regards the second point raised in the petition, the question of grant of relief in the nature asked for does not arise in the writ jurisdiction, besides, the matter involves disputed question of facts. For that purpose, the petitioner has alternative efficacious remedy available to him, and therefore, there is no question of grant of such relief in writ jurisdiction.6. The petition, therefore, fails and is hereby dismissed. The rule is discharged with no order as to costs. |
c9d2b721-aa2b-5e7c-bf08-d13e4cc7871f | court_cases | Madras High CourtEmployees' State Insurance ... vs Southern Motors on 20 August, 1997Equivalent citations: [1998(79)FLR905], (1998)IIILLJ1295MADJUDGMENT
B. Akbar Basha Khadiri, J.1. This civil miscellaneous appeal is directed against the order dated April 26, 1988, passed by the Employees' State Insurance Judge (District Judge). Kaniyakumari, at Nagercoil, in E.S.I.O.P. No. 2 of 1986.2. The respondent is a proprietorship concern, a motor servicing and repairing unit. The appellant, Inspector, Amal Raj, inspected the premises of the respondent on July 11, 1983, and found that during the period form March 1, 1980 to January 28, 1984 more than 20 persons were working in the respondent concern. Accordingly, proceedings were instituted by the appellant and the appellant passed an order on November 25, 1985, to the effect that the respondent is a factory which is covered by theEmployees' State Insurance Actand demanded Rs. 28,830 as contribution.3. The respondent contended that only 8 or 9 persons were working in the concern and at no time, more than 20 persons were employed. The respondent also contended that the respondent is
not a factory doing any manufacturing process and therefore, it does not come under the coverage of theEmployees' State Insurance Act.4. The Employees' Insurance Court enquired into the matter and come to the conclusion that more than 20 persons were working in the respondent concern, but the respondent is not engaged in any manufacturing process and, therefore, provisions of theEmployees' State Insurance Actdo not apply to the respondent. Accordingly, the learned Employees' Insurance Court set aside the order dated November 25, 1985 passed by the appellant herein. As against that order, the Employees' Insurance Corporation has come forward with the instant appeal.5. The question is whether the respondent is a factory?Point : It is not in dispute that the respondent, Southern Motors, is a concern repairing automobiles. The learned Employees' Insurance
Court has held that more than twenty persons were working in the respondent concern during the relevant period. As against this finding, the respondent had not preferred any cross-objection or appeal. Therefore, it is now settled that more than twenty persons were working during the relevant period in the respondent concern.The learned Employees' Insurance Court has held that the respondent is not a factory. The expression "factory" has been defined inSection 2(12)of the Employees' State Insurance Act in the following terms:"2 (12) 'Factory' means a factory which is exclusively engaged in one or more of the following manufacturing processes, namely cotton ginning, cotton or jute pressing, decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea or any manufacturing process which is incidental to or connected with any of the aforesaid process ; (and ) includes a factory which is engaged for a period not exceeding seven months in a year-(a) in any process of blending, packing or repacking of tea or coffee; or(b) in such other manufacturing process, as the Central Government may, by notification in the Official Gazette specify ;The expressions 'manufacturing process' shall have the meanings respectively assigned to them in theFactories Act, 1948(63 of 1948)".Section 2(k)of the Factories Act, 1948 (63 of 1948) defines the expression "manufacturing process" in the following terms:"manufacturing process" means any process for-(i) making altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adapting any article of substance with a view to its use, sale, transport, delivery or disposal : or (ii)....."6. Form a combined reading ofSection 2(12)of the Employees' State Insurance Act andSection 2(k)of the Factories Act, it would appear that as long as there are twenty or more workers in a premises, where no power is used, would make the premises a factory. The emphasis appears to be not so much upon the process, but upon the number of workers working. As per the provision even transporting, washing, cleaning, oiling and packing which do not involve any transformation as such which is necessary to constitute a manufacturing process in its generic sense, are none the less treated as manufacturing process. The definition is artificially projected beyond the scope of the natural meaning what the words might convey thus covering a very wide range of activities. Manufacturing process merely refers to the particular business carried on and does not necessarily refer to the production of some article. Therefore, even in an automobile workshop, if more than twenty persons work to repair the vehicles to put them to use then it should be construed that a manufacturing process is going on in that premises and therefore, the premises is a factory. The learned Employees' Insurance Court has referred to a decision in E.S.I. Corporation v. National Service Centre, AIR 1983 P & H. to hold that the customers bringing vehicles for repairs, etc., who pay the service charges and take away their vehicles is not a manufacturing process. For want of citation, this decision could not be traced to find the reasonings. The Apex Court in Osmania University v. E.S.I. Corporation, 1986 68 FJR 11, has held that the Department of University engaged in printing of text books, journals, forms and other items of stationery is carrying on a manufacturing process. In the instant case, the facts are analogous to the facts of the case cited supra. The Employees' Insurance Court has erred in holding that the respondent is not engaged in a manufacturing process, and therefore, it is not a factory. The respondent squarely come under the definition of the "factory" as defined underSection 2(12)of the Employees' State Insurance Act.7. In the result, this Civil Miscellaneous Appeal is allowed and the order dated April 26, 1988 passed by the Employees' Insurance Court is set aside. |
061fac04-976d-5286-8022-a23b241d16f0 | court_cases | Patna High CourtMetallurgical And Engineering ... vs Commissioner Of Income-Tax And Ors. on 4 September, 1998Equivalent citations: [2000]242ITR547(PATNA)Author:Aftab AlamBench:Aftab AlamJUDGMENT
Sachchidanand Jha, J.1. The petitioner, which is a Government company within the meaning of theCompanies Act, 1956, 100 per cent, shares whereof are held by the President of India, seeks quashing of the order of the Commissioner of Income-tax, Ranchi, dated September 6, 1991, rejecting its application for waiver of interest underSection 220(2A)of the Income tax Act, 1961 (in short "the Act"), and the consequential order of the Deputy Commissioner of Income-tax, Special Range, Ranchi, dated September 11, 1991, calculating the interest allegedly chargeable underSection 220(2)of the Act at Rs. 65,70,873. Copies of the said two orders are annexures 8 and 9 to the writ petition.2. The facts of the case, as stated in the writ petition, may briefly be set out as follows. For the assessment year 1987-88 to which the dispute relates, the petitioner filed its return of income on August 27, 1987, declaring a total income of Rs. 11,81,96,860. On February 9, 1990, a revised return was filed declaring an income of Rs. 11,21,56,700. According to the petitioner, the income-tax payable on the returned income had been paid before filing the return and no income-tax remained outstanding. The assessment was completed on March 5, 1990, as per which the income-tax liability of the petitioner was determined at Rs. 20,57,94,530 and it was asked to pay a further sum of Rs. 5,47,49,865 including interest of Rs. 1,25,79,096 underSection 215of the Act. The petitioner filed an appeal before the Commissioner of Income-tax (Appeals) against the assessment order and also filed an application underSection 220(3)of the Act before the Deputy Commissioner of Income-tax, Special Range, Ranchi, for stay of realisation of the demand till disposal of the appeal. However, on March 5, 1990, a demand notice was mechanically issued by him for the aforesaid sum of Rs. 5,47,49,865.3. According to the petitioner, the amount could not be paid on account of resource constraints which it was facing at the relevant time. Besides, it had already preferred an appeal against the assessment order which was eventually allowed in part by the Commissioner of Income-tax (Appeals), Ranchi, on August 20, 1990. A revised order was passed by the Deputy Commissioner of Income-tax, Special Range, Ranchi, giving effect to the said appellate order on December 21, 1990, as per which the petitioner was held liable to pay income-tax of Rs. 4,43,97,899. On December 21, 1990, the revised demand notice was accordingly issued. The demand was further reduced to Rs. 3,82,11,219 in view of the order of the Commissioner of Income-tax, Ranchi, dated March 22, 1991, underSection 264of the Act. On March 25, 1991, the petitioner paid a sum of Rs. 1,04,72,382. According to the petitioner, during the intervening period it had been allowed revised refunds of Rs. 1,02,38,087 for the assessment year 1990-91 and Rs. 1,75,00,770 for the assessment year 1989-90 which were adjusted, respectively, on January 29, 1991, and March 28, 1991. The payment of Rs. 1,04,72,382 on March 25, 1991, thus amounted to a full satisfaction of the demand in the following manner :Rs."1.Refund for the assessment year 1990-91 adjusted on January 29, 1991
1,02,38,0872.
Refund for the assessment year 1989-90 adjusted on March 28, 1991
1,75,00,7703.
Actual payment made by assessee on March 25, 1991
1,04,72,382
3,82,11,239."4. It would not be out of place to mention that according to the petitioner, the aforesaid payment of Rs. 1,04,72,382 was made on March 25, 1991, after taking loan from the bank in view of the persisting resource constraints for the past three years.5. On April 11, 1991, the petitioner filed an application for waiver/reduction of the interest leviable underSection 220(2)of the Act in terms ofsection 220(2A)of the Act apprehending that such interest would be levied for the late payment of the demand. By the impugned order dated September 6, 1991, annexure 8, the said application has been rejected and the impugned demand of Rs. 65,70,873 by way of interest underSection 220(2} has been issued. In the course of hearing we were informed that the amount has since been reduced to Rs. 54,24,218. It may be mentioned here that out of the said amount the petitioner has paid Rs. 20,00,000 pursuant to the interim order of this court dated October 1, 1991, passed in the present case.6. Mr. A. Moitra, learned counsel for the petitioner, firstly contended that the same authority, i.e., Commissioner of Income-tax, Ranchi, having allowed waiver of interest payable underSection 215of the Act on the same facts and circumstances, he ought to have allowed waiver of interest payable underSection 220(2)as well. I do not find any substance in this contention.Section 215of the Act provides for interest payable by the assessee where, in any financial year, the assessee has paid advance tax underSection 209AorSection 212on the basis of his own estimate (or revised estimate), and the advance tax so paid is less than 75 per cent, of the assessed tax (where the assessee is a company the advance tax so paid should be less than 83-1/3 per cent, of the assessed tax).Section 220(2)of the Act, on the other hand, contemplates the stage after the income-tax liability has already been determined and notice of demand underSection 156of the Act has already been issued but the assessee fails to pay the amount within the stipulated period. It would be apt to quote the provision, so far as relevant, as hereunder :"(2) If the amount specified in any notice of demand underSection 156is not paid within the period limited under Sub-section (1), the assessee shall be liable to pay simple interest at one and one-half per cent, for every month or part of a month comprised in the period commencing from the day immediately following the end of the period mentioned in Sub-section (1) and ending with the day on which the amount is paid."7. The considerations for allowing waiver/reduction of interest payable underSection 215and similar waiver/reduction underSection 220(2)are bound to be different. There may be genuine cases where the assessee under a bona fide belief as to his income-tax liability has paid less advance tax on the basis of his own estimate and in the facts of the particular case, therefore, he may be allowed waiver or reduction. In the case of interest chargeable underSection 220(2), however, the income-tax liability of the assessee already stands determined. He cannot take the plea of bona fide belief as in the case of interest chargeable underSection 215. None the less interest chargeable underSection 220{2) of the Act can also be waived or reduced but only in the circumstances mentioned inSection 220(2A)which reads as follows :"(2A). Notwithstanding anything contained in Sub-section (2), the Chief Commissioner or Commissioner may reduce or waive the amount of interest paid or payable by an assessee under the said Sub-section if he is satisfied that--(i) payment of such amount has caused or would cause genuine hardship to the assessee ;(ii) default in the payment of the amount on which interest has been paid or was payable under the said Sub-section was due to circumstances beyond the control of the assessee ; and(iii) the assessee has co-operated in any inquiry relating to the assessment or any proceeding for the recovery of any amount due from him."8. It would appear that the above Sub-section which begins with a non-obstante clause is a self-contained provision. It overrides the charging provision as contained in Sub-section (2) but also restricts the power of the authority (the Chief Commissioner or the Commissioner of Income-tax) to reduce or waive the amount of interest paid or payable by an assessee only if he is satisfied that the conditions as set out in the three clauses are satisfied. It is to be kept in mind that for claiming reduction or waiver under this provision the assessee has to satisfy all the conditions cumulatively. In other words, he has not only to show that payment of the amount has caused or would cause genuine hardship to him but also that the default in payment of the amount on which interest has been paid or was payable underSection 220(2)was due to circumstances beyond his control and further that he had co-operated in the enquiry relating to the assessment or any proceeding for recovery of any amount due from him. Mr. Debi Prasad, learned counsel for the respondents, in this connection pointed out that the petitioner had claimed waiver on the ground of hardship alone but its case in this regard has been disbelieved. And even if another view of the matter is taken, it cannot be held entitled to any reduction or waiver without establishing that the default in payment of the amount was due to circumstances beyond its control. Mr, Prasad contended that the expression "due to circumstances beyond the control" cannot be given the same meaning as "genuine hardship". The two expressions, according to him, contemplate two different situations. He submitted that in any view of the matter, the Commissioner has recorded a finding of fact that the petitioner has failed to establish the ground that the default of payment was due to circumstances beyond its control. The finding being in the nature of finding of fact cannot be interfered with by this court in writ jurisdiction.9. The submissions aforesaid as propositions of law are well founded. Mr. Debi Prasad, however, agreed that the conditions laid down in Sub-section (2A) ofSection 220for allowing waiver or reduction of interest are meant for the Chief Commissioner/Commissioner of Income-tax, and they do not create any fetter on the power of this court in passing an appropriate order in the facts and circumstances of the particular case and on a ground not mentioned therein, in the exercise of writ jurisdiction.10. Mr. Moitra was at pains to submit that while the Department charges interest in each case of delayed payment of the tax, it does not allow refunds and adjustments with corresponding promptness. He referred to several instances where the benefit of refund was allowed belatedly by adjusting the amount against the tax liability of earlier periods. For example, it was stated, the petitioner was allowed refund of Rs. 1,75,00,770 for the assessment year 1989-90 but the same was adjusted only on March 21, 1991, against the liability for the assessment year 1977-78. Mr. Moitra also stated that the petitioner has been regularly paying advance tax, sometimes in excess of the tax payable but the Department has been slow in giving the benefit of refund/adjustment. According to counsel, this amounts to failure on the part of the departmental authorities to perform their statutory duties in a proper and judicious manner.11. Without going into the correctness of the submissions it appears to me that if the benefit of refund--actual or by way of adjustment--is not given to an assessee without any delay, there may be justification to reduce the amount of interest payable underSection 220(2)of the Act, to the extent of the loss suffered by the assessee on account of belated refund/adjustment. There can be little doubt that if refund is allowed to an assessee without any delay, he may be able to make better use of the money ; without doing so and depriving him of the benefits in this regard, it may not be proper on the part of the respondent-authorities to deny him the benefit of reduction of the amount of interest. Since this and other related aspects of the matter have not been gone into by the Commissioner of Income-tax (and, perhaps, could not have been gone into by him within the parameters ofSection 220(2A)), it would be in the ends of justice to direct him to consider the matter afresh and pass an appropriate order.12. I would accordingly direct the Commissioner of Income-tax, Ranchi, to consider the matter afresh in the light of the discussions made herein-above and pass an appropriate order after giving an opportunity of hearing to the petitioner in accordance with law.13. Before I conclude, I may mention that in the course of hearing of the case and in response to the observations of the court, Mr. Debi Prasad, learned counsel for the respondents, after taking instructions, from the Commissioner of Income-tax, Ranchi, stated that it is open to the petitioner to avail of the benefits of the Kar Vivad Samadhan Scheme, 1998, contained in the Finance (No. 2) Act, 1998. Mr. Moitra stated that without instructions in this regard he cannot take a definite stand. Considering the fact that the petitioner is a Government company and it may not be possible for counsel to get proper instructions in the matter within a short time, we decided to close the hearing and proceed with the judgment. This judgment, however, will not stand in the way of the petitioner in taking recourse to the aforesaid scheme which, according to us, would be proper course to do. We would in this connection clarify that if the petitioner eventually decides to avail of the benefit of the aforesaid scheme, it would be entitled to take into account payment of Rs. 20 lakhs made by it pursuant to the interim order of this court and, accordingly, would be required to pay only the balance amount out of the 50 per cent, of the total impugned demand of Rs. 54,24,218 for availing of the benefit of the Sama-dhan Scheme.14. This writ petition is allowed in the manner and with the observation mentioned hereinabove. There will be no order as to costs.Aftab Alam, J.I agree. |
82aae2eb-c6bc-5a8b-8287-8e89617bbee9 | court_cases | Punjab-Haryana High CourtSanatan Dharam Sabha Barnala Etc vs Jagdish Raj Kansal And Ors on 13 November, 2013Mamta
IN THE HIGH COURT OF PUNJAB AND HARYANA AT 2013.11.15 12:23
I attest to the accuracy and
CHANDIGARH integrity of this document
CR NO.6871 OF 2013
DECIDED ON 13.11.2013
SANATAN DHARAM SABHA BARNALA ETC. ........Petitioners
v/s.
JAGDISH RAJ KANSAL AND ORS. ..........Respondents
CORAM HON'BLE MR. JUSTICE S.P.BANGARH
Present: Mr.Rajan Bansal, Advocate
for the petitioners.
S.P.BANGARH,J (ORAL)Petitioners are defendants nos. 1 to 3 respectively
before the trial Court. Respondent no.1 filed suit against
them, as well as, against respondents nos. 2 to 10. The case
was fixed for filing of the written statement by the
petitioners on 20.04.2012. On that date, the petitioners
could not file written statement and even they were not
present on that day. Even so, their defence was struck off.It is the case of the petitioners that when they were
not present before the trial Court on 20.04.2012, their
defence could not be struck off and only, they could be
ordered to be proceeded against exparte. So, it has been
prayed that the impugned order may be set aside. Besides,
on 20.04.2012, all the other defendants had not filed their
written statements and even the case was fixed for service
of defendants nos. 4,9 and 12.MamtaCR NO.6871 OF 2013 -2- 2013.11.15 12:23I attest to the accuracy andintegrity of this documentLearned counsel for the petitioners contended that
this harsh order should not have been passed on 20.04.2012
especially when the case was being adjourned for service of
defendants nos. 4,9 and 12.There is force in the contentions of the learned
counsel for the petitioners.Keeping in view the facts and circumstances of the
case, notice of this revision petition need not be issued to
the respondent no.1, who if felt aggrieved from this order
may approach this Court through appropriate petition for
recall of this order. Even, if the notice is issued, the disposal
of the suit will be delayed.One thing is very much certain from the order dated
20.04.2012, that the petitioners, who are defendants nos. 1
to 3 respectively before the trial Court, were not marked
present. The only appropriate remedy open to the trial Court
was to order exparte proceedings against them. In their
absence, their defence could not be struck off. Besides, the
case was at the stage of service of defendants nos. 4,9 and12. So, when the case was adjourned for their service, to
the next date, they could be permitted to file written
statement. So, impugned order is improper and illegal and is
liable to be set aside.Resultantly, the revision succeeds and is, hereby,MamtaCR NO.6871 OF 2013 -3- 2013.11.15 12:23I attest to the accuracy andintegrity of this documentallowed; impugned order is set aside and the petitioners are
allowed to file written statement.It may be mentioned here that on 10.07.2013, an
application for production of documents was filed by the
petitioners and its copy was supplied to the opposite counsel
and the case was adjourned for filing reply to that
application. It appears that on that day, the petitioners were
not aware of the impugned order. So, this application that
has been moved by the petitioners for production of
documents be disposed of. When this application is disposed
of only one adjournment be given to the petitioners to file
written statement.(13.11.2013) (S.P.BANGARH)
mamta JUDGE |
a14781d8-c80d-5fdf-88ea-de95f19bc18e | court_cases | Kerala High CourtP.K.Rajendran vs John Victor.P.A on 5 July, 2005IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937
Crl.Rev.Pet.No. 2764 of 2005 (A1)
---------------------------------
AGAINST THE JUDGMENT IN CRL.A 786/2004 of I ADDL. SESSIONS
COURT, ERNAKULAM DATED 05-07-2005
AGAINST THE JUDGMENT IN CC 1206/2000 of J.M.F.C.-I,ERNAKULAM
DATED 14-07-2004
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
-----------------------------------------
P.K.RAJENDRAN,
BLOCK NO.1147, KALLUR POST, THOOKKUPALAM
IDUKKI.
BY ADVS.SRI.GOVIND K.BHARATHAN (SR.)
SRI.MANU MOHAN
RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE:
-----------------------------------
1. JOHN VICTOR.P.A,
48/1661, VALIAPARAMBIL ELAMAKKARA, COCHIN.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.K.G.SARATHKUMAR
R2 BY PUBLIC PROSECUTOR SRI.JIBU P.THOMAS
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 22-06-2015, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
OKB
K.HARILAL, J.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Crl.R.P. No.2764 of 2005
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Dated this the 22nd day of June, 2015.
O R D E RThis revision petition is filed challenging the
concurrent findings of conviction entered and the
sentence imposed on the revision petitioner for the
offence punishable underSection 138of the
Negotiable Instruments Act, 1881 (for short, 'theN.I.
Act') in Criminal Appeal No.786/2004 on the files of the
court of the I Additional Sessions Judge, Ernalulam.
The above appeal was filed challenging the judgment
finding that the revision petitioner is guilty of the
said offence, passed in C.C.No.1206/2000 on the files of
the Judicial First Class Magistrate's Court-I,
Ernakulam. According to the impugned judgment, the
revision petitioner was sentenced to undergo simple
imprisonment for one day till rising of the court and
to pay to the complainant Rs.70,000/- as compensation
underSection 357 (3)of the Cr.P.C. and in default to
Crl.R.P.2764/05 :2:undergo simple imprisonment for three months.2. The case of the complainant is that in order to
discharge the liability of the brother of the accused,
the accused had issued Exts.P1 and P2 cheques for an
amount of Rs. 35,000/- each and when the said cheques
were presented for encashment, the same were
dishonoured with an endorsement "Account Closed".
The accused, in defence, contended that Exts.P1 and P2
cheques had been issued under coercion exerted by the
complainant. It is also contended that since the
cheques were returned on the reason that the account
was closed, the offence undersection 138of the N.I.
Act is not maintainable against the accused. The court
below has specifically and elaborately considered the
contentions raised by the accused and held that as
regards the allegation of coercion, except the oral
assertion of the accused, there is no evidence to show
that the cheques were obtained by the complainant by
way of coercion. Even though the accused has produced
Ext.D1 lawyer notice, the same would not go to show
that the cheques were issued as a result of the
Crl.R.P.2764/05 :3:coercion exerted by the complainant. As regards the
second contention, the court below rejected the said
contention relying on the decision laid down by the
Supreme Court inGoa Plast (P) Ltd v. Chico UrsulaD'souza [2004 (3) KLT 93 (SC]. Inthe above decision, the
Apex Court held that "once cheque is issued by a
drawer, the presumption underSection 139must follow
and merely because the drawer issued notice to the
drawee or to the bank for stoppage of payment, it will
not preclude an action underSection 138of the N.I. Act
by the drawee or the holder of the cheque in due
course. In view ofthe above decision, the court below
is justified in rejecting the said contention also. I do
not find any kind of illegality or impropriety in the
above finding. The revision petitioner is given three
months time to pay the compensation. Consequently,
the revision petitioner will stand sentenced as
follows:i. The revision petitioner shall undergo simple
imprisonment for one day till rising of the
court.ii. He shall pay a compensation of Rs.70,000/- to
Crl.R.P.2764/05 :4:the complainant underSection 357(3)of the
Cr.P.C. within a period of three months from
today.iii.He shall appear before the trial court to
suffer the substantive sentence of simple
imprisonment as ordered above on or before
23/9/2015 with sufficient proof to show
payment of compensation.iv.In default, he shall undergo simple
imprisonment for three months.This criminal revision petition is disposed of as
above.Sd/-K. HARILAL, JUDGE
okb. |
0e9bec6e-2c14-5383-a809-a0dabe1aae82 | court_cases | Customs, Excise and Gold Tribunal - MumbaiWadco Packaging P. Ltd. vs Commissioner Of Central Excise on 18 August, 1999Equivalent citations: 2000(117)ELT660(TRI-MUMBAI)ORDER
J.H. Joglekar, Member (T)1. This is an application for early hearing. The issue is the dutiability of top covers, bottom covers, partitions, sleeves, corrugated sheets supplied along with corrugated boxes manufactured by the applicants. In the impugned order duty amounting to Rs. 40,73,725/- was confirmed and penalty of equal amount imposed underSection 11AC of the Central Excise Act, 1944. In their order on the stay petition, the Tribunal directed the applicants to deposit a sum of Rs. 25.00 lacs as pre-condition to hearing of the appeal. The appellants have complied with the direction and are seeking early hearing.2. Shri R. Nambirajan the ld. Counsel submits that their buyers Godrej offer them a fixed price for the packaging. On their having to pay differential duty on such equipments they are placed in an adverse situation when compared with the other suppliers or similar goods who are not paying duty on such fitments. It is also his claim that because of the extra margin of duty, they have to pay higher quantum of sales tax and octroi duty. It is his submission that the issue is of recurring nature. Hence the request.3. Ordinarily an issue being of recurring nature which would put an assessee in a adverse situation would be considered as a ground for early hearing. The assessee has also to show that he has no other avenue left. In this case however the assessees has a contractual problem with the buyers. We do not see this ground is a ground fit for consideration of the request. If the impugned order is a reflection of the thought of the department, then the other suppliers should also be made to pay duty on the same goods supplied by them. In that case the appellants would be placed in the same [position] as other suppliers. This is a job for the applicants to take up with the Excise authorities. We do no see any valid ground to accede to their request. Accordingly dismissed.4. As regards the request from Shri Phadnis, the order on stay application leaves no burden on him. His application is also dismissed. |
e1ac8ed2-3de8-58b8-a5f0-61864df713ce | court_cases | Andhra High CourtNarayana Reddy vs Divisional Forest Officer And Ors. on 31 December, 1997Equivalent citations: [1998]109STC585(AP)Bench:P. Venkatarama Reddi,A.S. BhateJUDGMENTP. Venkata Rama Reddi, Ag. C.J.1. The petitioners who are "beedi leaves contractors" seek issuance of writs directing the respondents-forest authorities to release the abnus leaves without insisting on the payment of sales tax. Pursuant to the tenders called for by A.P. Forest Development Corporation (hereinafter referred to as "Corporation") the petitioners were awarded contracts for the "purchase" of beedi leaves in the specified units for the 1997 season. The Government appointed the Corporation as "agent" for the Forest Department for the purpose of collection and disposal of abnus leaves in the forest areas. The Divisional Forest Officer entered into agreements with the petitioners on behalf of the agent-A.P. Forest Development Corporation which is owned and controlled by the State Government. The broad features of the contract are as follows :2. The petitioners, who are described as "purchasers" are required to do pruning of abnus plants in the unit after obtaining prior permission and will have to establish collection centres known as "khallas" and keep their representative at each collection centre for the purpose of collection of abnus leaves. At the collection centres, the leaves in raw form, got plucked and collected by the Corporation, are entrusted to the purchasers. The purchaser is obliged to reimburse the collection charges to the Corporation. The subsequent operations like curing, bagging and transportation to the Corporation's godowns are required to be done by the purchaser. The leaves will be kept in the godowns approved by the Divisional Forest Officer and they remain in the godowns at the risk of the purchaser but under the control of Divisional Forest Officer. The department also puts its own locks to the godowns. The petitioners are allowed to remove/take delivery of the bags on the strength of the permits issued by the officials of the Corporation. The permits are issued only after payment of the sale amount calculated at tendered rate, the collection charges payable and the sales tax thereon. The sale amount is also known as "royalty". It is enjoined in clause (7) of the agreement that the purchaser shall not become the owner till all the amounts due are paid to the Corporation. The sale amount and collection charges are payable in three equal instalments. On payment of each instalment, proportionate quantity of beedi leaves is released. The abnus leaves are also released on submission of bank guarantee subject to certain conditions.3. It is the contention of the petitioners that sales tax is not liable to be paid on the transaction inasmuch as there is no sale involved. It is submitted that the essence of the contract is the conferment of right to take way beedi leaves from the plants and it creates an interest in the land. In other words, the transaction, according to the petitioners, is in the nature of profit-a-prendre. It is contended that royalty is charged for conferring the said benefit but not as a consideration for sale. It is submitted that the use of the words "sale amount", "purchaser" are not conclusive.4. Reliance is placed on the decision of the Supreme Court inState of Orissa v. Titaghur Paper Mills Co. Ltd..The validity of the Circular issued by the commissioner of Commercial Taxes (6th respondent) in reference No. AI(3)/2118/97 dated July 3, 1997 is also assailed. The circular reads as follows :"With reference to the letter cited, I am to inform that whatever amount is charged by the seller towards sale consideration, it constitutes the turnover. Therefore, the Andhra Pradesh Forest Development Corporation Ltd., is liable to tax on the total amount so collected from the buyer even though it is collected under different heads".5. The learned Government Pleader submits that there is an outright sale of movable property, i.e. abnus leaves packed in standard bags and that all charges paid to the Corporation prior to the actual delivery which are in the nature of pre-sale expenses are includible in turnover. It is also pointed out that the petitioners cannot wriggle out of the obligation to pay the sales tax as per the terms of agreement.6. We are of the view that the questions raised in the writ petitions cannot be properly decided in the writ proceedings underarticle 226of the Constitution. There are various aspects, some of which factual, that have to be gone into in order to decide the controversy. The analysis of the terms of the agreement, the exact modality of operations and reference to the relevant Rules made under the Andhra Pradesh Forests Act, Act, etc., have to be made before reaching the conclusion. The questions that would arise for consideration are : whether the sale of abnus leaves is involved or, whether the transaction is in the nature of profit-a-prendre, and if it is a sale, whether it is taxable in the hands of A.P.F.D.C. and whether collection charges are pre-sale expenses includible in the turnover. The decision of the Supreme Court inState of Orissa v. Titaghur Paper Mills Co. Ltd.relied upon by the learned counsel does not squarely apply to the facts of the case. The bamboo contracts considered therein are somewhat different. In any case, a comparative study of the agreements involved is necessary in order to decide whether the ratio ofthe said decisionapplies to the instant case. At best, the points raised in the writ petitions can be said to be debatable and nothing more. We therefore decline to go into those questions.7. Another aspect, which we cannot lose sight of is that the petitioners undertook to pay sales tax as per the provisions of theAndhra Pradesh General Sales Tax Act, 1957, vide clause (11) of the agreement. Thus, the liability to pay the sales tax was very much within the contemplation of the parties. But, the petitioners now contend that the sales tax is not liable to be paid as per law. Thus, what the petitioners are now being called upon to meet is not an unforeseen tax liability. In this fact-situation, we are not inclined to exercise our extraordinary jurisdiction and give an adjudication on merits. We would prefer to leave the relevant issues to be decided by the competent authorities under theSales Tax Act. We are fortified in our view by the decision of the Supreme Court in state ofU.P. v. Bridge & Roof Co. (India) Ltd..8. However, the petitioners should not be left remediless to question the action of the Corporation in collecting the sales tax from the petitioners and remitting it to the Sales Tax Department. It cannot be denied that if there is no liability to pay sales tax under theA.P. General Sales Tax Act, the collection in the name of sales tax is impermissible in law and if it is ultimately decided by the competent authority or Tribunal that no tax is liable to be paid on the transactions, the amount paid towards sales tax is liable to be refunded to the petitioners. Keeping this in view, the petitioners must be provided with a remedy to question the assessments that may be made against the A.P. Forest Development Corporation which is said to be a registered dealer, filing the returns.Sections 19and21of the A.P. General Sales Tax Act provide that any dealer objecting to any order or proceeding recorded can file an appeal. Though the assessment is made on the Forest Development Corporation, the petitioners dispute the liability of Corporation and consequently their liability to pay tax on the disputed turnover. The petitioners are more aggrieved because it is from their coffers that the tax is being realised.9. Keeping these considerations in view, we dispose of the writ petitions with the following directions :(1) The proceedings for assessment against the A.P. Forest Development Corporation for the current year shall be finalised by the concerned assessing authority within a period of eight months from today. The Corporation shall forward the objections, if any, filed by the petitioners to the assessing authority who will consider the same before finalising the assessment.(2) Soon after the assessment order is communicated, it is open to the Forest Development Corporation to question the same. In any case, xerox copies of the assessment order shall be furnished by the Corporation to the petitioners on a requisition made in this behalf on the address given by them, within two weeks from the date of receipt of assessment order.(3) The petitioners may within a month thereafter file appeals together with the xerox copies of assessment orders. Such appeals shall not be rejected for the reason that the appeal memorandum is not accompanied by the original or authenticated copy of the assessment order or on the ground that the petitioners were not parties to the assessment.(4) If the competent appellate authority or Tribunal finds that there is no liability to pay tax on the disputed transactions, the amount of tax paid to the Sales Tax Department by the Forest Development Corporation should be refunded to the petitioners within three months from the date of the order declaring such non-liability.10. The writ petitions are, accordingly, disposed of. No costs.Three weeks time is granted for payment of the balance amount due towards sales tax.11. Writ petitions disposed of accordingly. |
b581bcca-0121-5af2-9ef6-da80cb66beda | court_cases | Bombay High CourtRajdhar Shivram Koli vs Mrs Khatubai @ Laxmibai Rajdhar Koli on 21 September, 2016Author:V.K. JadhavBench:V.K. Jadhavcriwp388.05.doc
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 388 OF 2005
Rajdhar Shivdas Koli
age 32 years, occ. Agril.
r/o Tarhadkasbe, Tq. Shirpur
Dist. Dhule .. PETITIONER
VERSUS
Sau. Khatubai @ Laxmibai Rajdhar Koli
r/o Anturli Village,
Tq. Shirpur
Dist. Dhule .. RESPONDENT
Mr. P.S. Patil, advocate for petitioner.
Mr. M.S. Deshmukh, advocate for respondent.
=====
CORAM : V.K. JADHAV, J.
DATE : 21st SEPTEMBER, 2016.
JUDGMENT :Being aggrieved by the judgment and order passed by the 1 st Adhoc
Additional Sessions Judge, Dhule, dated 30th April, 2005, in Criminal
Revision Application No. 98/2001, original opponent-husband has preferred
this criminal writ petition.2. Brief facts giving rise to the present writ petition are as follows :-Respondent-wife has filed application under section 125 of Code of::: Uploaded on - 23/09/2016 ::: Downloaded on - 24/09/2016 00:41:14 :::criwp388.05.doc2Criminal Procedure for grant of maintenance against petitioner-husband. It
has contended in the said application that she is the legally wedded wife
and the marriage took place in Gandharva form 4 years prior to filing of
said application for grant of maintenance. It is further stated in the
application that after the marriage for initial period, she was treated well
but thereafter she was subjected to ill-treatment on account of non-fulfilment of unlawful demand made by petitioner-husband and his family
members. She was subjected to beating and even though she was pregnant,
for want of medical aid, her pregnancy was aborted. She was finally driven
out from the house by petitioner-husband. Since respondent-wife is
residing with her parents she has no source of income and she is unable to
maintain herself. It has also stated in the application that petitioner-husband is working as driver on tractor and his yearly income is more than
Rs. 1,00,000/-. Thus, she is claiming grant of maintenance at the rate of
Rs.1,500/- per month.Petitioner-husband has strongly resisted said application by filing his
say. Petitioner-husband has contended that respondent-wife is not his
legally wedded wife and she has no any right to claim maintenance from
him. Thus, petitioner-husband denied all the allegations made against him
in the said application for grant of maintenance. Both the parties adduced
their oral as well as documentary evidence in support of their rival
contentions.Learned Judicial Magistrate, First Class, Shirpur, by order dated 28 th::: Uploaded on - 23/09/2016 ::: Downloaded on - 24/09/2016 00:41:14 :::criwp388.05.doc3February, 2001, in Criminal M.A. No. 214/1998, rejected the application
however, granted liberty to the applicant to approach the competent Civil
Court and get declaration about validity or otherwise of the marriage and
that, in the said proceeding, she can also claim interim maintenance and
also future maintenance from petitioner-husband.Being aggrieved by the same, respondent-wife preferred Criminal
Revision Application No. 98/2001 and the learned 1st Adhoc Additional
Sessions Judge, Dhule, by order dated 30th April, 2005, partly allowed the
revision application and quashed and set aside the order passed by the
Magistrate thereby directing the present petitioner-husband to pay Rs.300/-per month as maintenance from the date of filing of the revision application
to the respondent-wife alongwith cost of Rs. 500/-. Hence, this writ
petition.3. Learned counsel for petitioner-husband submits that respondent-wife
had filed said application for grant of maintenance with the averments in
the application itself that she had performed marriage with petitioner-husband in Gandharva form. Furthermore, respondent-wife has admitted in
her cross-examination that her first husband Chabu Soma Koli and her
marriage with said Chabu Koli is still in existence. Learned counsel admits
that there is no legal divorce between respondent-wife and said Chabu Soma
Koli. It is also an admitted fact that one Chotibai is the wife of petitioner-husband and said marriage is still subsisting. Learned counsel submits
that the Trial Court has therefore rightly recorded finding in negative and::: Uploaded on - 23/09/2016 ::: Downloaded on - 24/09/2016 00:41:14 :::criwp388.05.doc4thereby held that the applicant failed to prove that she is legally wedded wife
of petitioner-husband. Learned counsel submits that during the pendency
of revision, for the first time, respondent-wife has produced divorce deed
before the Sessions Court and the same is accepted as additional evidence.However, the date 01.07.1998 is mentioned on the said document. Learned
counsel submits that on 08.06.1998, respondent-wife has filed application
for grant of maintenance before the Magistrate. Thus, on the date of
application, marriage of respondent-wife with said Chabu Koli was
subsisting and therefore, it cannot be said that she is the legally wedded
wife of petitioner-husband. Learned counsel further submits that on the
basis of evidence adduced by respondent-wife even if it is assumed that
petitioner-husband was treating her as wife, the principle of estopple cannot
be pressed into service to defeat the provisions ofsection 125of the Code of
Criminal Procedure and, only legally wedded wife can claim maintenance
from her husband. Learned counsel also submits that the Trial Court has
given opportunity to the respondent-wife to approach Civil Court, however,
till this date, applicant-wife has not approached the Civil Court seeking
declaration about validity or otherwise of the marriage. Learned counsel
submits that the approach of the Court is erroneous and is thus liable to be
quashed and set aside.4. Learned counsel for petitioner, in order to substantiate his
submissions, placed reliance on following three cases :1) Savitaben Somabhai Bhatiya Vs. State of Gujarat and others
Reported in AIR 2005 Supreme Court 1809::: Uploaded on - 23/09/2016 ::: Downloaded on - 24/09/2016 00:41:14 :::criwp388.05.doc52) Jaishree w/o Premnath Gavandar & another Vs. State of
Maharashtra and another
Reported in 2013 BCI(0) 9723) Yamunabat Anantrao Adhav Vs. Anantrao Shivram Adhav
Reportedin 1988 AIR(SC) 644.5. Learned counsel for respondent-wife submits that the voters list Exh.45 is produced before the Trial Court and it appears that name of
respondent-wife is entered at Sr. No. 27. It transpires from said entry in the
voters list that respondent is the wife of petitioner-husband. Furthermore,
on the basis of the complaint lodged by respondent-wife, criminal case for
offence punishable undersection 498Aof the Indian Penal Code was
instituted against petitioner-husband and his family members and the said
case was disposed of in terms of compromise. Compromise terms are
produced before the Court vide Exh. 26. Recitals in the said compromise
deed clearly indicate that respondent is the legally wedded wife of petitioner-husband and he had accepted her as his wife. Furthermore, divorce deed is
also produced on record and it appears from the contents of the divorce
deed that respondent-wife obtained divorce from her former husband on
01.07.1998 i.e. when Criminal M.A. No. 214/1998 was pending before the
Magistrate. Learned counsel submits that in the facts and circumstances of
the case, learned 1st Adhoc Additional Sessions Judge, Dhule has rightly
taken a view and accordingly granted maintenance at the rate of Rs.300/-per month to respondent-wife. Learned counsel submits that no
interference is required and the writ petition is liable to be dismissed.::: Uploaded on - 23/09/2016 ::: Downloaded on - 24/09/2016 00:41:14 :::criwp388.05.doc66. Respondent-wife has filed Criminal M.A. No. 214/1998 for grant of
maintenance before the Magistrate with averment in the application itself
that she had performed marriage in Gandharva form with petitioner-husband. Needless to say here that Gandharva form of marriage is nothing
but garlanding each other without performing any rite and rituals. As persection 7of the Hindu Marriage Act, 1955, Hindu marriage is solemnised in
accordance with the customary rites and ceremonies of either parties
thereto and, in view of sub-section 2ofsection 7, when such rites and
ceremonies include the Saptapadi, the marriage becomes complete and
binding when the seventh step is taken. It is not the case of respondent-wife that it is the custom in their community to perform marriage in
Gandharva form alone. On the other hand, the marriage is performed in
Gandharva form when the earlier marriage is subsisting. On the basis of
other evidence i.e. voters list and complaint filed undersection 498Aof the
Indian Penal Code, at the most it can be said that petitioner-husband was
treating the respondent as his wife. However, the scope of wife for the sake
of provisions ofsection 125of the Code of Criminal Procedure cannot be
enlarged to include unlawful marriage.7.In case ofSavitaben Somabhai Bhatiya Vs. State of Gujarat and othersreported in AIR 2005 Supreme Court 1809, in paragraphs 16 and 17 the
Hon'ble Supreme court has made following observations :16. But it does not further the case of the
appellant in the instant case. Even if it is accepted
as stated by learned counsel for the appellant that
husband was treating her as his wife it is really::: Uploaded on - 23/09/2016 ::: Downloaded on - 24/09/2016 00:41:14 :::criwp388.05.doc7inconsequential. It is the intention of the
legislature which is relevant and not the attitude of
the party.17. In Smt. Yamunabai's case (supra) plea
similar to the one advanced in the present case
that the appellant was not informed about the
respondent's earlier marriage when she married
him was held to be of no avail. The principle of
estoppel cannot be pressed into service to defeat
the provision of Section 125 of the Code.8. In view of above discussion and in the light of the ration laid down by
the Supreme Court, the judgment and order passed by the learned 1 st
Adhoc Additional Sessions Judge, Dhule is liable to be quashed and set
aside. I find that the approach of the Magistrate is proper, correct, legal and
more logical. Learned Magistrate has granted opportunity to the wife to
approach the competent Civil Court and get declaration about validity or
otherwise of the marriage. Accordingly I proceed to pass the following
order :ORDER1. Criminal Writ Petition is hereby allowed.2. Judgment and order passed by the 1 st Adhoc
Additional Sessions Judge, Dhule dated 30 th April,
2005, in Criminal Application No. 98/2001 is hereby
quashed and set aside.3. Judgment and order passed by the Judicial
Magistrate First Class, Shirpur, dated 28 th February,
2001 in Criminal M.A. No. 214/1998 stands
confirmed.::: Uploaded on - 23/09/2016 ::: Downloaded on - 24/09/2016 00:41:14 :::criwp388.05.doc84. Rule is made absolute in above terms. Writ
petition is accordingly disposed of.( V. K. JADHAV )
JUDGE
dyb::: Uploaded on - 23/09/2016 ::: Downloaded on - 24/09/2016 00:41:14 ::: |
4148a375-2517-5e2b-9d9b-e3c62de2d909 | court_cases | Madras High CourtMinor Jothi Ramalingam vs Kamalam on 6 December, 2006Author:S.Ashok KumarBench:S.Ashok KumarIN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:6-12-2006
CORAM
THE HONOURABLE MR.JUSTICE S.ASHOK KUMAR
C.R.P.PD.No.1210 of 2006
1.Minor Jothi Ramalingam
2.Minor Angappan
Minors rep. by mother
and next friend Selvi. ... Petitioners
Versus
Kamalam ... Respondent
Civil Revision Petition filed underArticle 227of the Constitution of India against the fair and decreetal orders dated 17.4.2006 made in I.A.No.1227 of 2005 in O.S.No.429 of 1996 before the District Munsif-cum-Judicial Magistrate, Omalur.
For Petitioners : Mrs.Hema Sampath
For Respondent : Mr.D.Shivakumar
ORDERAggrieved over the fair and decreetal orders dated 17.4.2006 made in I.A.No.1227 of 2005 in O.S.No.429 of 1996 before the District Munsif-cum-Judicial Magistrate, Omalur, this civil revision petition is filed.2.Brief facts of the case are as follows:The petitioners are plaintiffs in O.S.No.429 of 1996, who filed the suit for partition and for permanent injunction against the defendants 1 to 8 from alienating the suit property including the plaintiffs' share. After filing of the suit the 13th defendant was impleaded. The 13th and 14th defendants seem to be the purchasers of the property. The defendants have filed their written statements. But the 13th defendant has not filed her written statement because she was impleaded later. Therefore she has filed an application in I.A.No.1227 of 2005 to permit her to file a written statement and the same was allowed.3.Aggrieved over the said order the present civil revision petition is filed.4.Mrs.Hemasampath, the learned counsel appearing for the revision petitioners would contend that since the 13th defendant had already filed a written statement, the application in I.A.No.1227 of 2005 to file an additional written statement should not have been allowed.5.Per contra, the learned counsel appearing for the respondent would contend that the 13th defendant was impleaded later and therefore she has not filed any written statement. She filed an application in I.A.No.1227 of 2005 to permit her to file a written statement which was allowed. The petitioners were under impression that the written statement found in the typed set was already filed and now the 13th defendant has come forward with the present application to file an additional written statement. But factually it is not so. The 13th defendant has not filed any written statement earlier because she was only impleaded subsequently. Another contention of the learned counsel appearing for the petitioners is that the purchaser of the property during the pendency of the suit cannot make new pleadings than that of transferor and to support his case the learned counsel appearing for the petitioners has pressed into service 1999-3-L.W.888 (S.Sengamalam vs. The Idol of Arulmighu Ranganathaswami, Srirangam rep. By its Executive Officer) wherein this court has held as follows:"7.But, what are his rights? It is clear from the decision reported in (1983) 1 SCC 18 (Supra) that the transferee is a representative-in-interest of the party from whom he has acquired an interest, and the right to get implement is only on the basis of an assignment.8.In one of the earliest decisions of our High Court reported in High Court reported in AIR 1920 Madras 391 (Veera Raghava Vs.Subba Reddi), their Lordships of a Special Bench held thus:-"Under Order 22, Rule 10 and 11, a transferee Pendente lite is entitled to come on record and to conduct all proceedings from the date he is added as a party, though he is bound by all orders passed up to that date and cannot raise defences not open to his transferor."The said decisions of our High Court was followed by the Punjab and Haryana High Court in the decision reported in A.I.R. 1975 Punjab and Haryana 448 (Bakshawar Singh v. Nirmal Singh). In paragraph 10 of the judgement, it has been held thus: (Head note)
"Assumption, that if the petitioner were allowed to be added as party further complications would arise as he might raise some other pleas, is also incorrect. No complications can arise on impleading the petitioner as a party, because he cannot raise any defence not open to his transferor; besides he would be bound by all orders passed till then".9.In view of the aforesaid settled legal position, the order of the lower court is set aside, and petitioner herein is directed to be impleaded as additional defendant in the suit. I make it clear that all orders passed till date in the suit are binding on the petitioner herein and the same are not liable to be reopened. Petitioner is entitled to participate in the proceedings from this stage. The Civil Revision Petition is allowed as indicated above."9.It is true that as per the observation of the court made in the judgement referred above, the 13th defendant has got all the defence as transferor and not more than that. If at all any new plea other than the plea by a transferor is found in the written statement, it is open to the petitioners to agitate against the same at the time of trial.10.With the above observation, this civil revision petition is dismissed. No costs. Consequently the connected M.P.No.1 of 2006 is also dismissed. However considering the fact that the suit is of the year 1996, the learned District Munsif-cum- Judicial Magistrate, Omalur is directed to dispose of the suit within a period of four months from the date of the receipt of a copy of this order.vk
To:The District Munsif-cum-Judicial
Magistrate,
Omalur. |
67f3f2b9-2a46-50fa-963a-2359134e0ec5 | court_cases | Allahabad High CourtAllen Bradely India Ltd. vs Collector Of Central Excise on 21 February, 1995Equivalent citations: 1995(79)ELT196(ALL)Author:A.P. MisraBench:A.P. Misra,J.S. SidhuORDER
A.P. Misra, J.1. Heard learned counsel for the petitioner and Shri H.S.N. Tripathi appearing for the respondents who has filed his appearance on behalf of the respondents.2. In view of the fact and circumstances of this case this writ petition is disposed of finally as also agreed by the counsel for the parties at the stage of admission.3. Petitioner's case is that even though his appeal before the appellate authority is pending, yet on the basis of demand, the respondent-authorities have initiated recovery proceedings, hence he has filed the present writ petition. The present writ petition is directed as against the order of Superintendent, Central Excise, Range III, dated 1-2-1995 directing petitioner to deposit the amount mentioned in Annexure-1 to the writ petition. Earlier, the Assistant Collector, Central Excise passed the Adjudication Order on 26-4-1994. According to the petitioner by means of the said order the said authority decided some of the points in favour of the petitioner and the other he decided against him, hence the petitioner has preferred an appeal under Section 35 of the Act. The said appeal is heard by the appellate authority on merits on 12-9-1994 and the order has been reserved. However, till this date no order has been passed. In the meantime respondent No. 3 issued demand notice to the petitioner which is Annexure-1 to the petition and the petitioner having no other option has filed this writ petition seeking direction to stay the said demand notice and consequential recovery. Petitioner has raised a number of grounds which is not necessary for us to advert to in the present writ petition as the petitioner's further case is that he has already moved an application for the said relief before the appellate authority. However, the same has yet not been decided and since the said demand notice has been issued, the stay of recovery proceeding has been prayed before us. The averment is that the appeal itself was heard by the appellate authority, respondent No. 4 Collector (Appeals) Central Excise, Ghaziabad. Accordingly we direct the said authority either to dispose of the said appeal which he has finally heard or dispose of the pending stay application preferably within a period of three weeks from the date the certified copy of this order is filed before the said authority. The petitioner may file the certified copy of this order within one week from today.4. Until disposal of either the appeal or the stay application, respondent No. 1 will not recover the amount mentioned in Annexure-1 which shall be subject to the order to be passed by the appellate authority.5. With the aforesaid observations the present writ petition is disposed of finally. |
8a3c738f-00fb-5f70-9416-83329b7e3072 | court_cases | Calcutta High CourtRajat Agarwal & Anr vs Spartan Online Pvt. Ltd. & Ors on 13 November, 2017Author:Soumen SenBench:Soumen SenORDER SHEET
GA No.1172 of 2017
With
CS No.35 of 2017
EOS No.3 of 2017
GA No.687 of 2017
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
RAJAT AGARWAL & ANR.
Versus
SPARTAN ONLINE PVT. LTD. & ORS.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 13th November, 2017.
Appearance:
Mr. Ranjan Bachawat Sr. Adv.
Mr. Debnath Ghosh, Adv.
Ms. Arunimalala Sengupta, Adv.
Mr. Tilok Bose Sr. Adv
Mr. Sayantan Bose, Adv.
Mr. A. Bose, Adv.
The Court: On 12th May 2017 at the ad interim stage I directed the respondent no.7to disclose all transactions and accounts since 15th March, 2015 when the website
'spartanpoker.com' was launched till that date with a further direction that the
defendant no.7 shall continue to furnish statement of accounts for the subsequent
periods month by month to the petitioners till the disposal of this application.On the basis of the disclosures made in the proceeding I had observed that the
email exchanged between the parties prior to the dispute also clearly recognized that the
business of the respondent no.7 was carried as a partnership business of two groups,2namely, the plaintiffs on one side and the respondent nos.2 to 6 on the other side. A
sense of mistrust and imperil started growing amongst the stake holders as the business
prospered and eventually a suit was filed on 25th February, 2017 by the plaintiffs against
the defendants claiming various reliefs.Although affidavits have been filed by the parties disputing the status of the
plaintiffs as shareholders and accordingly they are entitlement to the shares in the
business which again prima facie appears to be difficult to sustain at the final hearing of
this application. I feel that in the interest of justice valuation of the defendant no.7 is
required to be made by a chartered accountant and in the event the plaintiff ultimately
decides to relinquish their claims against the other defendants at a valuation that may
be fixed by the valuer, the plaintiffs after receiving such amount may relinquish all its
right in relation to the said company. In order to put an end to the controversy I feel in
the best interest of the parties a chartered accountant should be appointed to value the
company and examine the accounts of the defendant no.7 and the parties may make
their submission after the valuation report is filed in Court. M/s. Ray and Ray, a firm of
Chartered Accountant having its office at ground floor, Wabel Bhavan, Block EP and GP,
Salt lake City, Sector 5, Kolkata 700091, is appointed to make valuation of the
respondent no.7. The senior-most partner of M/s. Ray and Ray is appointed as the
Commissioner of accounts with all the powers as provided underOrder 26 Rule 16 of the
Code of Civil Procedureto examine the accounts and file a report for the period between
15th March, 2015 and 25th February, 2017. The report must also indicate the value of
each share as on 25th February, 2017. The parties are directed to render all cooperation
and assistance and make available all documents in their possession and/or custody
before the Commissioner as may be required by the Commissioner.3The costs, charges and expenses of the commission including the remuneration of
the commissioner shall be borne by the plaintiffs and the defendant no.7 in equal
measure. The commissioner shall file a return by 5th January, 2018.The matter stands adjourned till 10th January, 2018. The parties shall
immediately communicate this order to chartered accountant firm. The aforesaid order
is passed without prejudice to the rights and contentions of the parties. The interim
order passed by the Alipore Court on 4th April, 2017 shall continue till 31st March, 2018
or until further order whichever is earlier although the perspective of the order had
changed in the meantime.(SOUMEN SEN, J.)
B.Pal/sp |
96fdd057-c211-5975-b102-23592c251027 | court_cases | Jammu & Kashmir High Court - Srinagar BenchSyed Asia Andrabi vs State Of J&K & Anr (2010(Ii) S. L. J on 19 May, 2011IN THE HIGH COURT OF JAMMU & KASHMIR AT SRINAGAR
HCP No. 160 of 2011
Syed Asia Andrabi
Petitioners
State & ors
Respondents
!Mr. M. A. Qayoom, Advocate
^Mr. A. M. Magray, Advocate
Honble Mr. Justice Mohammad Yaqoob Mir, Judge
Date: 19/05/2011
:J U D G M E N T:Vide judgment dated 24.3.2011, rendered in HCP No.244/2010, filed on behalf of
detenue, order of detention bearing No.DMS/PSA/64/2010 dated 1.9.2010 was
quashed. Subsequent thereto, detenue has again been detained vide order of detention
impugned bearing No.DMS/PSA/01/2011 dated 7.4.2011, validity of the same is
questioned.It is contended that the copy of the dossier has been reproduced verbatim in the
grounds of detention. Only word dossier is replaced by the word grounds of
detention, which according to learned counsel for the petitioner, would show that the
detaining authority has not applied its mind. Formulation of grounds is imperative for
deriving satisfaction so as to pass the preventive order. On this count, while contending
the order of detention to be invalid, learned counsel relied on the judgment captioned
Fiaz Ahmad through his Mother Atiqa Begum Vs. State of J&K & anr (2010(II) S. L. J.872), wherein, while noticing the same position and while relying on the judgment
captioned Jai Singh & Ors. Vs. State of J&K (AIR 1985 Sc 764), it was held that there
was no due application of mind by the detaining authority in passing the order of
detention.In the present grounds of detention, the grounds of detention of the earlier detention
order No.64 of 20101 dated 1.9.2010 along with few fresh facts have been taken into
consideration. Same is contended to nullify the entire order.In this connection learned
counsel has rightly placed reliance on the judgment captionedChhagan Bhagwan Kahar
Vs. N. L. Kalna and others(AIR 1989 SC 1234). Para 12 is relevant to be quoted:12. It emerges from the above authoritative judicial
pronouncements that even if the order of detention comes
to an end either by revocation or by expiry of the period of
detention, there must be fresh facts for passing a
subsequent order. A fortiori when a detention order is
quashed by the Court issuing a high prerogative writ like
habeas corpus or certiorari, the grounds of the said order
should not be taken into consideration either as a whole or
in part even along with the fresh grounds of detention for
drawing the requisite subjective satisfaction to pass a fresh
order because once the Court strikes down an earlier order
by issuing rule, it nullifies the entire order.According to learned counsel for the respondents, the past conduct has to be taken into
consideration as has been done.In support thereof, learned counsel has relied on the
judgmentWasiuddin Ahmed Vs. District Magistrate, Aligarh UP and othersreported in
(1981) 4 Supreme Court Cases 521. Para 25 is relevant to be quoted:25. The past conduct or antecedent history of a person can appropriately
be taken into account in making a detention order. It is indeed usually from
prior events showing tendencies or inclination of a man that an inference is
drawn whether he is likely in the future to act in a manner prejudicial to the
maintenance of public order. Of course, such prejudicial conduct or
antecedent history should ordinarily be proximate in point of time and
should have a rational connection with the conclusion that the detention of
the person is necessary.
It is true that the past conduct and antecedents are to be taken note of but when
the past conduct and antecedents have been taken note of in the order of detention
which has been quashed, same position could not be taken note of for deriving
satisfaction for passing the fresh order of detention as is the lawlaid down inthe
judgment AIR 1989 SC 1234referred above.In the judgment rendered in caseJahangir Khan Fazal Khan Pathan Vs. The Police
Commissioner, Ahmadabad and another(AIR 1989 SC 1812), it has been held as
under:It is, therefore, clear that an order of detention cannot
be made after considering the previous grounds of detention
when the same had been quashed by the Court, and if such
previous grounds of detention are taken into consideration
while forming the subjective satisfaction by the detaining
authority in making a detention order, the order of detention
will be vitiated. It is of no consequence if the further fresh
facts disclosed in the grounds of the impugned detention
order have been considered.
Again same position has been dealt with in the caseRamesh Vs. State of Gujarat(AIR
1989 SC 1881). Para 10 is relevant to be quoted:10. On a careful scrutiny of grounds of detention, we
unreservedly hold that the detaining authority has taken into
consideration the two criminal case mentioned under Sr. Nos.1
and 2 of the table which where the materials in the earlier
order of detention that had been quashed and that it cannot be
said that those two cases are mentioned only for a limited
purpose of showing the antecedents of the detenue.
In the grounds of detention while reproducing the earlier grounds of detention, following
paras have been added:It may be appreciated that during detention you were brought
for court production before the Honble Court of CJM Srinagar on
03/03/2011 for facing trial in case FIR No.09/2007 u/s 452, 148, 149
RPC of P/S Khanyar, Srinagar. Prior to the date of hearing and
subsequent thereto, you were lodged in Women Police, Station
Rambagh Srinagar. During your lodgment in the police station a
number of women came to meet you on 02/03/2011, 04/03/2011 and
05/03/2011. The details of the meetings between you and your
associates are given below:On 02-03-2011 some activists (wrongly written as activities) of
Dukhtarani-Milat lead by one Mst. Afroza called upon by you in womens
police station. During the meeting, you instigated them to strengthen
their carders and continue to carry on antinational activities.
On 04-03-2011 four women activists (wrongly written as activities)
lead by one Nahida Ji came to meet you in womens Police Station
and during the meeting, you again resorted to the same strategy of
arousing their anti-India sentiments by provoking them to keep their
carders ready.On 05-03-2011, similar type of activities are reported to have taken
place when some of your associates lead by one Mst. Rukaya came
to see you in Womens Police Station.It has further been learnt through reliable source that you are
contemplating to launch a fresh phase of agitation with the assistance
of your likeminded associates. In this regard you are believed to have
discussed some secret strategy with your colleagues.
During the meetings, reportedly you have stressed upon them to
continue their secessionist activities and aroused anti India sentiments
in them. You have further reported to have instigated them to
strengthen the secessionist network and to remain in a state of
preparedness for launching fresh agitation, once you are released
from jail. You are believed to have discussed some new strategy with
your colleagues and party carders regarding your designs to disturb
the public order during the coming summer. As in the past, you are
believed to be a major threat to the law and order, if you remain at
large. During the previous agitations, your activities have remained
highly objectionable and provocative and there is a well founded belief,
based on the reports, that if you are allowed to remain at large at this
stage, it will affect the maintenance of security of state adversely.
It is clear that all the aforesaid facts are relatable to the period when the detenue was in
custody in connection with earlier order of detention and it is also clear that the detenue
was not released after the earlier order of detention was quashed, instead, while in
custody, impugned order of detention was executed. whether on such grounds order of
detention is valid, has to be answered in negative in view of the lawlaid down bythe
Honble Apex Court in the judgment captionedKshetra Gogoi Vs. State of Assam(AIR
1970 SC 1664). It shall be quite relevant to quote following sub-para of para 4 ofthe
said judgment:We have found it very difficult to appreciate how a person in
preventive custody could continue to maintain links with his
associates outside jail who had gone underground even through
his friends and relatives. If the present petitioner was able to
maintain such links, it casts a sad reflection on the persons in
charge of him while he was in custody and, in any case, it would
appear that his detention could serve no useful purpose. It
appears us to be, in fact, very doubtful whether any such contacts
could possibly have been maintained. However, even if we accept
that such links were maintained, this additional ground mentioned
does not satisfy the requirements of section 13(2) of the Act,
because the only allegation is that the links were maintained
during the period of preventive detention. Under Section 13(2)
what is required is that fresh facts should have arisen after the
expiry of the previous detention. Facts arising during the period of
detention are, therefore, not relevant when applying the provisions
of Section 13(2). In the present case, the fresh order was passed
on 28th August, 1969, a day before the expiry, and it is obvious
that no fresh facts could by that date arise and yet we held to
have arisen after the date of expiry. The order dated 28th August,
1969 was, therefore, not at all justified under Section 13(2) of the
Act and that order being in violation of the provisions of the Act
has to be held to be invalid, so that the detention under that order
is illegal. The petition is allowed. The petitioner shall be set at
liberty forthwith.
The next contention that the copies of the documents, statements and other material as
referred to in the grounds of detention, have not been supplied to the detenue, has to
be repelled as the detention record produced would indicate that the detenue has been
supplied seven leaves of the grounds of detention and 52 relevant papers, receipt of
which is acknowledged by the detenue. In this connection the judgment captioned
Thahira Haris etc. etc. Vs. Government of Karnataka & ors reported in AIR 2009 SC
2184, as relied by the learned counsel is of no help to him.
Next contention is that the order of detention has not been furnished to the detenue
which renders the order of detention as bad.In support of this contention, learned
counsel has relied on the judgments captioned Abdul Rashid Saraf Vs. State & another
(S.L. J. 1988 J&K 346) and Ghulam Muhammad Hajam Vs. State of J&K (S. L. J.1991
J&K 364). In both the two judgments it has been held that supply of detention order to
the detenue is mandatory, failure renders the detention illegal.
In the backdrop of the factual and legal position as noticed, only conclusion in-keeping
therewith is that the order of detention is unsustainable so is quashed. Detenue be
released provided not required in connection with any other case.
Detention records as produced be returned to the learned counsel for the respondents.
(Mohammad Yaqoob Mir)
Judge
19.05.2011
Srinagar |
557ada02-dc6f-5f3c-8d81-c18fa1794f3c | court_cases | Central Information CommissionMrk R Manilal vs Ministry Of Consumer Aff., Food, & ... on 12 August, 2015CENTRAL INFORMATION COMMISSION
Room No. - 308, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110066.
Website: cic.gov.in
File No. CIC/KY/A/2015/00682
Appellant : Shri K.R. Manilal
Kaniyankattu House, South of N.S.S. Karayogam,
Kadavanthra, Kochi-682020
Public Authority : The CPIO
National Consumer Disputes Redressal Commission,
Upbhokta Nyay Bhawan, F-Block,
GPO Complex, INA, New Delhi-110023
Date of Hearing : 12.08.2015
Date of Decision : 12.08.2015
Presence:
Appellant : Absent
CPIO : Shri Yatinder Kr. Sakkarwal, UDC
FACTS:I. Vide RTI application dated 09.01.2015, the appellant sought information on the 9
issues.II. CPIO, vide its response dated 07.05.2015, has provided the part information to the
appellant.III. The First Appeal (FA) was filed on 18.05.2015, as desired information not
provided.IV. First Appellate Authority (FAA), vide his order dated 09.06.2015, allowed the Appellant
for the inspection.V. Grounds for the Second Appeal filed on 22.06.2015, are contained in the Memorandum
of Appeal.HEARING
Appellant opted to be absent despite of our due notice to him. However, Sh. Shri
Yatinder Kr. Sakkarwal, UDC, appeared before the Commission without any authorization
from the competent authority therefore he was not permitted.DECISION
It would be seen here that the appellant, vide his RTI Application dated 09.01.2015,
sought information from the respondents on nine issues. Respondents, vide their response
dated 07.05.2015, allegedly provided the required information to the appellant. Being
aggrieved by the aforesaid response, FA was filed by the appellant on 18.05.2015 before
the FAA, who vide his order dated 09.06.2015, allowed the Appellant for the inspection.
Hence, a Second Appeal before this Commission.......2-2-2. However on careful perusal of the nature of issues as raised by the appellant in his RTI
application dated 09.01.2015 and the respondent's response dated 07.05.2015, it is
revealed that the respondents have provided the required information against all issues
except issues no. 5 & 6.3. Further, learned FAA, vide his order dated 09.06.2015, disposed of the FA by requesting the
appellant to have the inspection of the relevant records and pin point the required
documents of which the photocopies are needed.4. It is worth to mention here that as persection 2(j)(i)of the RTI Act 2005, the right of
inspection of relevant record vested with the appellant and not with the respondents. As
such, if the respondents have been insisting of any applicant to have the inspection of the
relevant record that is not legally tenable. However, it is having a legal force in vice-versa
situation.5. The Commission perused the case-file thoroughly; specifically, nature of issues raised
by the appellant in his RTI application dated 09.01.2015, respondent's response dated
07.05.2015, FAA's order dated 09.06.2015 and also the grounds of memorandum of second
appeal.6. The Commission is of the considered view that the appellant has been deprived by the
respondents deliberately from having the benefits of theRTI Act2005, even after lapse of
more than twenty months period. Thus, the respondents have defeated the very
purpose of theRTI Act2005 for which it was legislated by Parliament of India. As such, the
Commission feels that appellant's second appeal deserves to be allowed partly i.e. against
issues no. 5 & 6. Therefore, it is allowed accordingly.7. In view of the above, the respondents are hereby directed to provide the complete and
categorical information, against issues no. 5 & 6, to the appellant, in accordance with
the provisions ofRTI Act2005, within 30 days from the date of receipt of this order under
intimation to this Commission. If need be,Section 5(4)of the RTI Act 2005 be also
invoked in the matter.The Appeal is disposed of accordingly.Sd/-(M.A. Khan Yusufi)
Information Commissioner
Authenticated true copy
(Prakash)
Deputy Registrar
......2-2-The CPIO
National Consumer Disputes Redressal Commission,
Upbhokta Nyay Bhawan F-Block,
GPO Complex, INA, New Delhi-110023
Shri K.R. Manilal
Kaniyankattu House,
South of N.S.S. Karayogam,
Kadavanthra, Kochi-682020 |
f07539db-706a-5577-a6e2-c8df3573e0f1 | court_cases | Delhi High CourtSh. Harcharan Singh vs Bureau Of Indian Standards And Ors. on 26 May, 2004Equivalent citations: 111(2004)DLT766, 2004(76)DRJ237Author:Pradeep NandrajogBench:Pradeep NandrajogJUDGMENT
Pradeep Nandrajog, J.1. Petitioner, stood promoted to the post of Deputy Director General under respondent no.1 on 30.6.2000. The next higher post available in the cadre was the post of Additional Director General. The post fell vacant on 1.4.2002 upon the superannuation of Sh. D.R. Kohli, who was holding the said post.2. In contemplation of the anticipated vacancy, respondent no. 1 initiated the process of selection. As per the notified recruitment rules which were existing, eligibility condition was 2 years service in the rank of Deputy Director General. Petitioner did not have the requisite eligibility as he had approximately 1 year and 9 months service in the post of Deputy Director General.3. As per the Recruitment To Scientific Cadre Regulations, 1988, of the Bureau of Indian Standards i.e first respondent, vide Regulation 12, the Executive committee had the power to relax the provisions of the regulations.4. Acting in exercise of its power to relax the recruitment regulation, the respondent empanelled the petitioner for promotion to the post of Deputy Director General. Matter was thereafter referred, as per the legal requirements to the Union of India for being placed before the Appointments Committee of the Cabinet for its approval.5. It is the admitted case of the parties that without approval of the Appointment Committee of the Cabinet, promotion to the post of Additional Director General under the first respondent could not be effected.6. On 3.5.2002, the Recruitment Regulations, 1988 came to be replaced by the Regulations of 2002.7. The new Regulation of 2002 brought about a material change. The cadre came to be constituted in reference to grades. i.e. Scientists Group-A and onwards till Scientists Group-H. The post of Additional Director General became equivalent to Scientists Grade-G. Qualifying service, as per the new regulations became 5 years.8. Since the Recruitment Regulations were totally replaced, Union of India did not grant approval for promotion to the petitioner.9. Present petition was filed, inter alia, on the ground that a vacancy has to be filled on the basis of the Recruitment Rules in force as on the date of vacancy and alternatively on the ground of discrimination.10. Ground of discrimination pleaded was that Mr. A.K. Ghosh and Mr. M.K. Ray were granted officiating promotion for 6 months. Petitioner too was granted officiating promotion for 6 months. Petitioner's officiating promotion was not continued. That of Mr. A.K. Ghosh and Mr. M.K. Ray was continued.11. Respondent opposes the writ petition by alleging that petitioner was not qualified for being appointed as per the existing recruitment regulations of 1988 as Additional Director General when the vacancy fell due on 1.4.2002. Petitioner would have been eligible to be considered for promotion on 30.6.2002. The new Recruitment Regulations came to be notified on 3.5.2002. The new Recruitment Regulations came into force prior to the petitioner becoming eligible. No doubt, there was a power of relaxation under the rules, but before the Cabinet Committee on Appointments could take a decision, new rules had come into force. Secondly, as per the new rules, the cadre underwent a total transformation. The old posts seized to exist.12. Opposing the plea of discrimination in the context of Sh. A.K. Ghosh and Sh.M.K. Ray, it is stated by the respondent that these 2 persons had short tenure left. i.e. hardly 2-3 months and since they were even otherwise eligible for promotion as per the new regulations, extension was granted to them till their superannuation.13. Sh.K.K. Rai, learned counsel for the petitioner, during arguments did not press the issue on the plea of discrimination vis-a-vis the petitioner and Mr. M.K. Ray as well as Mr. A.K. Ghosh.14.In support of his contention that promotions have to be in accordance with the Recruitment Rules as in force when the vacancy occurred, counsel for the petitioner relied upon the decision of the Supreme Court reported as ,Y.V. Rangaiah and Ors. v. J. Sreenivasa Rao and Ors.15. Counsel also relied upon the decision of the Supreme Court reported as ,Dr. K. Ramulu and Anr. v. Dr. S. Suryaprakash Rao and Ors.16. The ratio of the 2 judgments cited by counsel for the petitioner, noted above, is to the effect that ordinarily, vacancies have to be filled up as per the Recruitment Rules in force when the vacancy occurred, save and except when the amended rules expressly provided to the contrary. But, the ratio of the said 2 judgments would not be attracted in view of the facts of the present case.17. Reason as to why a vacancy has to be filled up as per the Recruitment Rules in force when the vacancy occurred is because a right accrues to a person to be considered for promotion as and when a vacancy arises and is intended to be filled up.18. This right cannot be impliedly taken away. If a new rule is brought into force and the said rule is expressly made retrospective, only then the said right to be considered for promotion as per the recruitment rule in force when the vacancy occurred can be taken away.19. Petitioner was ineligible to be promoted when the vacancy occurred. He had no right to be considered for promotion. It was within the discretion of the respondents to waive the eligibility norm. Process was initiated but before the Appointment Committee of the Cabinet took up the recommendation of the Select Committee pertaining to the appointment of the petitioner, on 3.5.2002 the new Regulations came into force. By the time the new regulations came into force, petitioner was not qualified under the previous regulations for appointment to the post. No right had therefore vested in the petitioner, to be considered for promotion as a matter of right.20. Not only that, under the the new Recruitment Rules, the entire cadre underwent a change.21. Decision of the Supreme Court reported as ,Rajasthan Public Service Commission v. Chanan Ram and Anr.be noted.22. It was a case where the cadre underwent a change. Existing posts ceased to exist. New posts were created. Repelling the argument that promotion had to be effected as per the Recruitment Rules in force when the vacancy occurred, Supreme Court observed as under:-"But even apart from these two distinguishing features one additional salient aspect of the matter is that these panels were to be prepared for filling up vacancies by promotion to the posts of Sub-Registrars Grade II. The said posts continued to exist in the cadre and the only question was how the vacancies in the said existing posts had to be filled in by promotion by preparing panels for the relevant years. As we have seen earlier in the present case the old posts of Assistant Directors (Junior) had ceased to exist. Therefore, there remained no occasion for proceeding with recruitment to such non-existing posts pursuant to the earlier stale and infructuous advertisement of 5th November, 1993, Annexure P-1."23. I find no merit in the writ petition. The same is accordingly dismissed. No costs. |
db482e70-940f-5e43-8f64-c2118dfd6c4c | court_cases | Uttarakhand High CourtUnknown vs With on 27 November, 2013Author:V.K. BistBench:V.K. BistWPCRL No. 1373 of 2013
With
CLMA No. 12980 of 2013
Hon'ble V.K. Bist, J.
Mr. Karan Anand, Advocate, present for
the petitioners.
Mr. M.A. Khan, A.G.A., present for the
State.
Heard.
Learned counsel for the petitioners
submitted that petitioner no. 1 is husband,
petitioner no. 2 is father‐in‐law, petitioner no.
3 is mother‐in‐law, petitioner no. 4 is brother‐
in‐law (JETH) and petitioner no. 5 is sister‐in‐
law (JETHANI) of respondent no. 3. It isfurther submitted that petitioner no. 1
(husband) has instituted the suit undersection 9of the Hindu Marriage Act for
restitution of conjugal rights and is ready to
keep his wife with him. It is further submitted
that if some protection is granted to the
petitioners, they will take all sincere efforts
for settling the dispute. It is contended that
petitioners will give full respect, love to
respondent no. 3 (Summi Manocha).Admit the petition.Learned counsel for State prays for, and
is allowed three weeks' time to file counter
affidavit.Issue notice to respondent no. 3 Summi
Manocha fixing 27th of December, 2013.Considering the submission of learned
counsel for the petitioners, and after going
through the papers on record, as an interim
measure, it is directed that till the next date of
listing no coercive steps shall be taken against
the petitioners in connection with crime no.
354 of 2013, relating to offences punishable
undersection 498A,323,504,406IPC and one
punishable undersection 3/4of D.P. Act,
registered at P.S. Kotwali, Dehradun,
provided they co‐operate with the
investigation. (Stay application no. 12980 of
2013, stands disposed of).List this petition on 27th of December,
2013, in daily cause list.Let certified copy of the order be issued
to the counsel for the petitioners today itself,
on payment of usual charges.(V.K. Bist, J.)
Parul 27.11.2013 |
36d5e73b-ba81-59f1-9641-5a9a1aecc484 | court_cases | Bombay High CourtVinod Ramchandra Dhakad vs M.S.A. Khan on 6 September, 2011Author:J.H.BhatiaBench:J.H.Bhatia1 Cri-Appeal-493-07.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Mhi
CRIMINAL APPEAL NO. 493 OF 2007
Vinod Ramchandra Dhakad )
Age 22 years, Res: at village Khachrod )
Dist: Ujjain, Madhya Pradesh )
(at present lodged at Kolhapur Central )
Prison). ).. Appellant
(Orig.accused No.1)
Vs.
1) M.S.A. Khan )
Intelligence Officer, NCB, Mumbai. )..Rspondent No.1
ig (Ori. complainant).
2) The State of Maharashtra. ). Respondent No.2
Mr.Atul S. Sarpande, Advocate, for the appellant.
Ms. Rebecca Consalvez, Advocate for the respondent No.1.
Smt. S.V.Sonawane, APP, for the respondent No.2 - State.
CORAM: J.H.BHATIA,J.
DATE : 6th September, 2011.
JUDGMENT :1. The appellant, who was original accused No.1 in NDPS Special Case
No.107/2004, has preferred this Appeal against the Judgment and order passed by
the learned Special Judge, NDPS Cases, Mumbai, whereby he was convicted for
the offence punishable under Section 21(c) read withSection 8of N.D.P.S. Act
and was sentenced to undergo R.I. for ten years and to pay fine of Rs.1 lakh and::: Downloaded on - 09/06/2013 17:42:10 :::2 Cri-Appeal-493-07.sxw
in default to suffer simple imprisonment for six months.2. Prosecution case, in brief, is that on 7.4.2004, early in the morning,
three Intelligence Officers of Narcotic Control Bureau, received an intelligence to
the effect that one person by name Vinod, resident of Madhya Pradesh, was going
to deliver substantial quantity of heroin to one Velamayil from Trichy, Tamil
Nadu, outside the Hotel Lokesh situated at Plot No.8, Sector 1, Koparkhairane,
Navi Mumbai between 8.00 to 9.00 a.m. The intelligence also revealed that the
heroin would be received on behalf of one Selvam, who was the owner of Hotel
Lokesh. The intelligence was reduced to writing and signed by all the three
officers and it was placed before PW-9 Ajit Patil, Superintendent of the N.C.B.
Immediately, the Superintendent directed the officers to take action and to
proceed to the spot near Hotel Lokesh. PW-1 Sanjay Poojari, who was at the
residence of his colleage Mr. Kedare, also got the message and accordingly both
these officers also rushed to the spot. PW-9 Ajit Patil himself along with several
other officers of his Department went to the spot and reached there at about 7.30
a.m. Two persons were called to act as panch witnesses and they were duly
informed about the information received and the purpose of the raid. Thereafter,
the team of officers of N.C.B. and the panch witnesses took positino near the
Hotel Lokesh and kept a watch. At about 8.25 a.m., one person was seen coming::: Downloaded on - 09/06/2013 17:42:10 :::3 Cri-Appeal-493-07.sxw
and standing near the Hotel Lokesh and after some time another person came
from the Hotel Lokesh and received first one and took him inside the Hotel. The
first person who had come to Hotel Lokesh was having a black colour shoulder
bag. When he was about to hand over the said bag to the second person who had
received him, they were intercepted and caught. Accused No.1 Vinod, who is
appellant before this Court, was the person who had come there with a black
colour shoulder bag. Accused No.2 - Subramanian Velmayil was the person who
had received him and to whom accused No.1 was to hand over the bag. These
persons were asked about their names and addresses. Both of them informed that
the bag contained heroin. They were informed about their right to be searched
before a Magistrate or a Gazetted Officer, but they declined the offer and agreed
to give search in presence of the officers of N.C.B. and the panch witnesses. The
bag was opened. In the bag Inside there was one scotch taped packet. Scotch
taped packet was cut and then a polythene bag containing brown colour powder
was found. PW-1 Sanjay Poojari cut open the corner of the polythene bag and a
small quantity of brown powder was taken and tested it with the help of field
testing kit and it confirmed the presence of heroin. The said polythene bag was
emptied in another cleared bag and weighed it on weighing scale and it was found
to be 3 kgs. Two representative samples of 5 grams each were taken from the
said powder. The said samples were placed in two separate small polythene::: Downloaded on - 09/06/2013 17:42:10 :::4 Cri-Appeal-493-07.sxw
sachets and were duly heat sealed. The sachets were put in two separate paper
envelopes and pasted. The description was written on the paper envelopes and
they were duly sealed with NCB Seal No.03. When the powder was being
weighed, accused No.3 Selvam Pillai, who was said to be owner of Hotel Lokesh,
also came there and accused No.2 informed as per the instructions from accused
No.3 Selvam the consignment was brought. The container of 2.990 kgs. heroin
was kept in the polythene bag, it was heat sealed and then put in a carton which
was closed with scotch tape and the label with description of the contents was
affixed on it.It was also sealed with NCB Seal No.03. The labels were also
signed by the panchas as well as all the accused persons. The shoulder bag,
scotch taped bag and empty polythene bag were kept in another carton, which was
also closely sealed and labelled with the label. About all this proceeding a
panchnama was prepared on the spot. Thereafter, house of the accused No.3 was
searched. About that also a panchnama was prepared. The Railway tickets from
accused Nos. 1 and 2 were also seized under a panchnama. Muddemal property
was deposited with the concerned oficer on the same day. The statements of all the
accused three persons were recorded underSection 67of the NDPS Act. After
recording the statements of the accused persons, they were arrested and arrest
notes and arrest reports were submitted. The samples were forwarded to the
Customs Laboratory as well as the State Forensic Science Laboratory. They::: Downloaded on - 09/06/2013 17:42:10 :::5 Cri-Appeal-493-07.sxw
confirmed that the contents were heroin. After investigation, the case was filed by
the CBI against all the three accused persons. The accused persons were put to
trial for the offence punishable underSection 21(c)read withsection 8(c)and
underSection 29read withSection 21(c)andSec. 8(c)of the NDPS Act. They
pleaded not guilty.3. On behalf of the prosecution, in all 16 witnesses were examined and
a large number of documents were placed on record. After trial, the learned
Special Judge convicted the accused No.1 - Vinod alone and sentenced him as
stated above. Accused Nos. 2 and 3 were acquitted of both the charges. Accused
No.1 Vinod was also acquitted of charge underSec. 29read withSec. 21(c).4. Evidence led by the prosecution pertains to the role of the three
accused persons, but as the accused Nos. 2 and 3 have been acquitted and this
Appeal is only filed by accused No.1, it is not necessary to deal with all the
evidence of the 16 witnesses. Only the evidence relevant for the decision of this
appeal in respect of the accused No.1 will be scrutinized.5. Heard the learned Counsel for the parties. Perused the record and
proceedings of the trial Court.::: Downloaded on - 09/06/2013 17:42:10 :::6 Cri-Appeal-493-07.sxw6. Mr. Sarpande, learned Counsel for the accused-appellant vehemently
contended that the prosecution has not examined any of the panch witnesses and it
relies on the sole testimony of PW-1 Sanjay Poojari. According to him, even the
other officers of intelligence, particularly PW-2 Jitendra Dubey and PW-9 Ajit
Patil, who claimed to have participated in the raid and the panchnama, did not
depose anything in detail as to what had happened. He also contended that the
entries in the documents also do not provide corroboration to the testimony of
PW-1 Sanjay Poojari. According to him, it would be unsafe to place reliance and
base conviction on the sole testimony of PW-1 Sanjay Poojari, who was an officer
of the NCB. On the other hand, the learned Counsel for the NCB fully supported
the impugned judgment and order of conviction and sentence. According to her, if
the sole testimony of the police officer is found to be trustworthy and reliable, the
conviction can be based on the same. According to her, evidence of PW-1 Sanjay
Poojari does not suffer from any drawback. All the mandatory provisions of law
have been duly complied. According to her, the evidence of other witnesses and
the documents also provide corroboration to the testimony of PW-1 Sanjay
Poojari. Both the learned Counsel placed reliance on certain authorities in support
of their respective contentions.::: Downloaded on - 09/06/2013 17:42:10 :::7 Cri-Appeal-493-07.sxw7. The prosecution evidence will have to be scanned and scrutinized in
the light of the rival contentions advanced by the Counsel for the parties.Evidence
on record reveals that PW-1 Sanjay Poojari, PW-2 Jitendra Dubey, Vipin Nair,
P.S.Namboodri and one Kedare were the Intelligence Officers working with
NCB. PW-9 Ajit Patil was the Superintendent of NCB at Mumbai. As per
evidence of PW-2 Jitendra Dubey, early in the morning on 7.4.2004, he and other
two Intelligence Officers Namboodri and Vipin Nair received intelligence from
their informant that one Vinod, resident of Madhya Pradesh, was going to deliver
substantial quantity of heroin to one Velamayil, resident of Trichy, Tamil Nadu,
outside hotel Lokesh, situated at Plot N.8, Sector-I, Koarkhairane, New Mumbai
between 8 and 9 a.m. on the same day. It was also revealed that the consignment
of heroin was brought on behalf of one Selvam, who was the owner of hotel
Lokesh. PW-2 Jitendra deposed that he immediately typed this information at
about 5.30 a.m. and put his signature and date on the same. Other two officers
Namboodri and Vipin Nair also signed the same. The said intelligence note Ex.15
was immediately placed before PW-9 Ajit Patil, who was also present in the
office for some official work. He also endorsed and signed and put date on the
said intelligence note. PW-9 Ajit Patil placed that information before his superior,
Assistant Director K.J.Sanchis who also initialled and signed the same. The
Superintendent Ajit Patil and the Assistant Director approved the proposed action::: Downloaded on - 09/06/2013 17:42:10 :::8 Cri-Appeal-493-07.sxw
of surveillance, apprehending the culprits and to recover heroin. After its
approval, PW-9 Ajit Patil called the officers for the raid.8. Besides PW-2 Jietendra Dubey, P.S.Namboodri, Vipin Nair,
C.A.Fernandis, B.S. Mulay and Inspector S.B.Gokhale joined the team. PW-9
also telephonically called Kedare, another Intelligence Officer to remain present at
Koparkhairane. PW-1 who was also present and he was also instructed to remain
present. Therefore, PW-1 Sanjay Poojari and Kedare joined the said team. These
persons reached the spot near a small store which is at a distance of 100' from
Hotel Lokesh. PW-9 Ajit Patil informed PW-1 Sanjay Poojari and other officers,
who had directly come there, about the information and interception. PSI
Namboodri had brought complete search kit consisting of field testing kit,
weight balance, sealing material, stationery ,empty cartons etc. He handed over
the kit to PW-1 Sanjay Poojari, who was directed to conduct the raid and
complete the formalities. According to PW-1 Sanjay Poojari, he called two
persons from near Kerala Stores at about 7.30 a.m. and requested to act as panch
witnesses. Both these persons were informed about the purpose of the raid.9. Evidence of PW-1 Sanjay Poojari reveals that at about 8.25 a.m. he
noticed one person standing near the Hotel Lokesh. Accused No.1 Vinod is::: Downloaded on - 09/06/2013 17:42:10 :::9 Cri-Appeal-493-07.sxw
identified as that person. He was having a black coloured shoulder bag.According to him, after some time, another person, who was identified as accused
No.2 - Subramanian Velamayil, came from the Hotel and received accused No.1
and took him into the hotel premises. After entering into the hotel premises when
accused No.1 was about to hand over the said bag to accused No.2, the raiding
party immediately pounced upon and intercepted them. They were asked about
their names and addresses and they disclosed. On enquiry, both of them admitted
that the bag contained heroin. PW-1 Sanjay Poojari deposed in detail about the
procedure followed. According to him, both the accused persons were informed
about their right to be searched in presence of a Magistrate or a Gazetted Officer,
if they so desired. However, both of them declined the offer and agreed to be
searched by the Investigating Officer in presence of panchas. Therefore, PW-1
Sanjay took custody of the black coloured shoulder bag from accused No.1. It
was opened and inside a scotch tape packet was found. The said scotch tape
packet was cut and polythene bag containing brown colour powder was found in
it. Firstly, PW-1 Sanjay cut a corner of that polythene bag and took small
quantity of powder which was tested with the help of testing kit and it was
confirmed that it was heroin. Thereafter the polythene bag was emptied into
another empty polythene bag, which was carried by the NCB. It weighed 3 kgs.From the said powder, representative samples were taken. Each sample was put::: Downloaded on - 09/06/2013 17:42:10 :::10 Cri-Appeal-493-07.sxw
in a separate sachet which was duly heat sealed. The said sachets were separately
placed in separate paper envelopes which were pasted. Description of the
contents was written on the said paper envelopes and each of them was sealed
with NCB Seal No.03. He also deposed in detail about the enquiry from accused
Nos. 2 and 3 and their involvement. However, it is not necessary to advert that
part of the evidence. After completing search and seizure, a panchnama Ex.8 was
prepared. The panchnama was signed by both the panch witnesses and by Sanjay
Poojari. The copy of the said panchnama was given to each of the accused
persons and they signed at the bottom of the same in acknowledgment of receipt
of the said panchnama.10. PW-2 Jitendra Dubey, who had initially received the information as
well as PW-9 Ajit Patil, the Superintendent, after deposing about the receipt of
intelligence, arrangements for raid etc., deposed that they participated along with
a team of the officers and search and seizure carried out at the Hotel Lokesh.They also deposed that search was conducted in presence of two panch witnesses.According to them, 3 kg. heroin was recovered from the black coloured shoulder
bag. According to them, panchnama was prepared and all the events were
correctly mentioned in the panchnama.::: Downloaded on - 09/06/2013 17:42:10 :::11 Cri-Appeal-493-07.sxw11. It may be noted that the panchas were not examined by the
prosecution. On behalf of prosecution, PW-16 Narayan Panigrahi, who was
working as Hawildar with NCB, was examined to prove that the said panch
witnesses could not be traced out. In the panchnama, their local addresses as well
as their permanent addresses were given. He searched for the said panch witnesses
but the address given on the summons was not sufficient to locate and trace out. In
the entire panchnama Ex.8 the addresses of the panch witnesses must have been
noted on the basis of information given by the panch witnesses. If the addresses
given by them were not complete or if they could not be traced out at the given
addresses, it cannot be held that prosecution has kept back the witnesses. It
appears that one of the panch witnesses Mahadev was shown to be permanent
resident of District Hasan in Karnataka, while he was residing and working at
Koparkhairane, New Bombay. Second panch witness Sami Chitravelu was also
residing and working at Koparkhairane and he had given his local address. He
had also given his permanent address of his village in District Viradar Kanyarity
in Tamil Nadu. The panchnama was recorded on 7.4.2004, while the evidence
was recorded before the trial Court from April 2006 onwards. As these two
persons had come from two different States to work and earn livelihood at New
Bombay, it is possible that they might have either shifted from there to any other
place of work and therefore they could not be traced at the local address. A s they::: Downloaded on - 09/06/2013 17:42:10 :::12 Cri-Appeal-493-07.sxw
had left their original place, it is possible that when the police officer reached at
their permanent addressed they could not be traced out. In view of this, merely
because the panch witnesses could not be examined, the prosecution case cannot
be discarded.12. Mr. Sarpande, learned Counsel for the accused/appellant vehemently
contended that if the panch witnesses are not examined, it is not safe to place
reliance on the sole testimony of the police officer and for this purpose, he placed
reliance upon Noor Aga vs. state of Punjab and Anr. (2008) 16 SCC 417. In
that case, two persons were called as panch witnesses, but neither of them was
examined and there was nothing on record why they could not be examined at the
time of trial. In para 110, the Supreme Court observed that although examination
of independent witnesses in all situations may not be imperative, if they were
material, in terms ofSection 114of the Evidence Act, an adverse inference can be
drawn. As per illustration (g) to Section 114, the Court may presume that the
evidence which could be and is not produced, would, if produced, be
unfavourable to the person who withholds it. If the prosecution would have
withheld the important panch witnesses without any valid reason, adverse
inference could be drawn. However, in the present case, the prosecution has made
serious attempts to find out panch witnesses and to bring them before the Court,::: Downloaded on - 09/06/2013 17:42:10 :::13 Cri-Appeal-493-07.sxw
but it could not succeed and therefore adverse inference cannot be drawn against
the prosecution.13. Mr. Sarpande placed reliance uponRamji Surjya and Anr. vs.
State of MaharashtraAIR 1983 SC 810 wherein the Supreme Court held that
where there is only a sole eye-witness of a crime, conviction can be recorded
on the basis of the sole testimony of the witness provided the Court is satisfied
that the witness is entirely truthful. However, Their Lordships also observed that
prudence requires that some corroboration should be sought from the other
prosecution evidence in support of the testimony of a solitary witness, particularly,
where such witness also happens to be closely related to the deceased or if he has
ill-will or motive against the accused.Similar view was taken by the Supreme
Court in theState of U.P. vs. Satish Chandra & Ors.AIR 1986 SC 313.The
learned Counsel alsoplaced reliance uponMohd. Hussain Babamiyan Ramzan
vs. State of Maharashtra II (1994) CCR 1223, Tulashida Nemandas Dengara
vs. State of Maharastra 1992 (3) Crimes 421 and Shaikh Nazre Alam Zahoor
& Anr. vs. The State of Maharashtra 2001 (II) LJ 47. In these cases, the
independent panch witnesses were available, but were not examined. It was held
that in such cases, it was improper to hold that the offence was proved against the
accused.::: Downloaded on - 09/06/2013 17:42:10 :::14 Cri-Appeal-493-07.sxw14. On the other hand, the learned Counsel for the prosecution contended
that if the sole testimony of the police officer is found to be trustworthy and
reliable, it can be made basis for conviction and she finds support fromLopchand Naruji Jat & Anr. vs. State of Gujarat(2004) 7 SCC 566, Abdul
Majid abdul Hak Ansari vs. State of Gujarat (2003) 10 SCC 198 and P.P.
Beeran vs. State of Kerala(2001) 9 SCC 571. In view of the authorities referred
to by the learned Counsel for both parties, the settled position of law is that
conviction can be based on the testimony of solitary witness, even if he is a police
officer, provided the court is of opinion that the witness is truthful and trustworthy.If the Court finds it necessary, it may look for some corroboration to the testimony
of such witness. However, if the independent panch witnesses, particularly in
serious cases, are available but are withheld and not examined by
prosecution,adverse inference may be drawn against the prosecution. In the
present case, for the reasons noted above, it is difficult to hold that the prosecution
has intentionally withheld the panch witnesses and, therefore, no adverse
inference can be drawn against the prosecution on that count.15. As the prosecution mainly relied on the testimony of PW-1 Sanjay
Poojari, his evidence has to be scrutinized to find out whether the mandatory::: Downloaded on - 09/06/2013 17:42:10 :::15 Cri-Appeal-493-07.sxw
provisions of law have been followed in completing the proceedings, whether
there was delay in respect of any part of the proceedings and whether any
mandatory provisions of law was violated or not followed.16. On scrutiny of evidence, it appears that as soon as PW-2 Jitendra
Dubey got the information early in the morning on 7.4.2004, he and his
companion officers prepared the intelligence note Ex.15, signed the same and
placed the same before his immediate superior PW-9 Ajit Patil the Superintendent
of NCB, who was also present in the office at that time. Ajit Patil not only
endorsed and signed and approved the proposed action of surveillance and
recovery of the contraband, he also without any loss of time placed that
intelligence note before his superior Assistant Director, who also signed and
approved the said note. Immediately, several officers of the Department were
summoned and directed to proceed to the spot near Hotel Lokesh for the purpose
of raid. PW-1 Sanjay Poojari and his companion officer Kedare received
information at the house of Kedare and went to the spot of incident and reached
there at about 7.30 a.m. PW-1 Sanjay Poojari called both the panch witnesses. As
per the evidence, at 8.25 accused No.1 first appeared and thereafter the other
events took place. Recording of panchnama was commenced immediately after
the search and seizure, etc. and was completed by 12.30 hrs. The panchnama::: Downloaded on - 09/06/2013 17:42:10 :::16 Cri-Appeal-493-07.sxw
was signed by both the panch witnesses and copy of the panchnama was supplied
to each of the accused persons who signed at the bottom of the panchnama in
acknowledgment of receipt of the copy thereof. There is nothing to show that the
panch witnesses were not independent. The panchnama also shows that the
accused persons were informed about their right of being searched in presence of
the Magistrate or a Gazetted officer, but they declined that offer and agreed to be
searched in presence of NCB Officers and panchas. After search and seizure was
completed, PW-1 Sanjay Poojari submitted a note Ex.11 to the Superintendent that
two representative were drawn from total quantity of 3 kg. heroin and were
marked S-I and S-II and the balance quantity of heroin, which was duly sealed,
was being deposited in safe custody. PW-4 Mohd. Shaif Ahmed Khan, who was
also Intelligence Officer, deposed that on 7.4.2004, he was present in office. A
team consisting of officers head by the Superintendent Patil came back to the
office along with seized 3 kg. of heroin and three persons. He was informed that
the seizure had taken place at Hotel Lokesh, Koparkhairane. All the three accused
persons were introduced to him and the Superintendent Patil directed PW-4
Mohd. Khan to investigate the case. According to him, besides the statements of
two other accused, he also recorded statements of accused No.1 Vinod vide Ex.21
wherein he admitted that he had brought consignment from Madhya Pradesh for
handing over to accused No.2 at Hotel Lokesh. The evidence on record reveals::: Downloaded on - 09/06/2013 17:42:10 :::17 Cri-Appeal-493-07.sxw
that after recording of the statement of accused No.1, which was completed by
about 8 p.m., he was arrested as per the arrest memo Ex.22 by PW-4 Mohd.Khan. He also submitted the arrest report Ex.23 to the Superintendent, who in
turn placed the same before his superior Assistant Director, NCB. All this was
done on the same day almost immediately without loss of any time at any stage.17. On 8.4.2004, PW-4 Mohd. Khan forwarded one envelope marked
sample S-II to Forensic Science Laboratory, Kalina, Maharashtra State and one
sample was sent to New Customs House Laboratory. Ex.33 is the Test Memo-cum-report- from Customs House Laboratory, which shows the presence of
heroin. Exhibit 34 is the C.A. report from Forensic Science Laboratory,
Maharashtra State, which reveals that one sealed envelope as per the copy sent
and marked S-II was received on 13.4.2004 through one U.B.Darge. The C.A.
report dated 8.6.2004 shows that heroin (diacetyl morphine) was detected in the
sample. PW-3 who was Assistant Chemical Analyser from Customs Department
deposed in detail about the sample marked S-I received on 8.4.2004 itself.According to him, he analyzed the same on 16.4.2004 and found that it was
heroin and accordingly he submitted his report Ex.18. Exhibit 18 and Ex.33 are
copies of the same report. From the evidence of the Chemical Analyser from the
Customs Department Laboratry as well as the Chemical Analyser from the::: Downloaded on - 09/06/2013 17:42:10 :::18 Cri-Appeal-493-07.sxw
Forensic Laboratory, it is clear that both the samples were sent almost
immediately and both samples were received by the concerned Laboratories with
seals intact and on analysis the contents were found to be heroin.18. As per the testimony of PW-1 Sanjay Poojari and the contents of the
panchnama Ex.8, it is revealed that after the search and seizure of the contents of
the black coloured shoulder bag, personal search of accused N.1 Vinod was taken
and during that personal search,two railway tickets were seized from him. One
ticket was from Khachrod to Ratlam and another ticket was from Ratlam to
Mumbai Central. This provided corroboration to the statements of the accused
recorded by PW-4 Mohd. Khan that accused No.1 had travelled from Khachrod to
Ratlam and then from Ratlam to Mumbai Central with the said consignment. The
seizure of these two railway tickets provides corroboration to the prosecution case
against accused No.1.19. The learned counsel for the appellant vehemently contended that the
report Ex.11 submitted by Sanjay Poojari to the Superintendent and the search and
seizure report Ex.12 submitted by him do not disclose that the samples were also
sealed. In these two documents it was mentioned that two representative samples
of 5 grams from the total quantity of 3.000 kgs. of heroin were drawn and marked::: Downloaded on - 09/06/2013 17:42:10 :::19 Cri-Appeal-493-07.sxw
S-I and S-II respectively. It further reveals that the balance quantity of 2.990 kgs.of heroin was put in a polythene packet, heat sealed and placed in a cardboard
carton, closed and a label giving description of its contents was affixed on the said
carton and sealed with NCB Seal No.03 and t was being deposited for safe
custody. According to him, it indicated that only packet containing the bulk
ramnant of the powder was heat sealed, but samples were not sealed. According
to him, if the samples would have been sealed, the officer would have noted this
fact also in these two documents. It is true that in this report Ex.11 and search and
seizure report Ex.12, it is not specifically mentioned that samples marked S-I and
S-II were sealed. However, in my opinion, this cannot be a ground to doubt the
evidence in this respect. PW-1 Sanjay Poojari specifically deposed that they were
sealed and this fact is noted in the panchnama Ex.8. PW-2 Jitendra Dubey and
PW-9 Ajit Patil, who were members of the raiding party, also deposed that they
had participated in the search and seizure and a correct panchnama was drawn
about the same. Evidence of PW-9 shows that after conclusion of the panchnama
at the house of accused No.3, he directed PW-1 Sanjay Poojari to hand over all the
relevant documents and samples to PW-4 M.S.A. Khan and to deposit the
remaining quantity with PW-9 Ajit Patil himself which he did on the same day.PW-4 Khan, as noted above, forwarded the samples in the sealed condition almost
immediately to both the Laboratories and both Laboratories have reported that the::: Downloaded on - 09/06/2013 17:42:10 :::20 Cri-Appeal-493-07.sxw
seals were intact. Therefore, in my opinion, the prosecution has established that
the samples were duly sealed on the spot of incident.20. The learned Counsel for the accused/appellant could not point out
violation of any mandatory provisions of law. It appears that the procedure was
strictly and scrupulously followed by the NCB Officers. They acted swiftly and
promptly without loss of any time at any stage. Therefore, no doubt can be
raised about their conduct. The recording of intelligence immediately after
receiving the same, action which followed and the consequent seizure are further
corroborated by seizure of the two railway tickets marked C-1 from accused No.1
Vinod. There is no material on record to show that PW-1 Sanjay Poojari or any
other officers of NCB had any reason to falsely implicate the accused No.1 Vinod.Therefore, in my opinion, the evidence of PW-1 Sanjay Poojari appears to be
truthful and trustworthy and is also corroborated by other circumstantial evidence.Therefore, merely because panch witnesses were not examined, the evidence of
Sanjay Poojari cannot be rejected.21. In view of the facts and circumstances noted above, I find no fault
with the impugned judgment and order of conviction. The trial Court has awarded
the sentence which is minimum as prescribed by law and, therefore, needs no::: Downloaded on - 09/06/2013 17:42:10 :::21 Cri-Appeal-493-07.sxw
interference.22. In the result, the Appeal stands dismissed.(J.H.BHATIA,J.)::: Downloaded on - 09/06/2013 17:42:10 ::: |
026817dd-190c-5424-bfb8-482594e04bd0 | court_cases | National Consumer Disputes RedressalAnand Shankar Singh vs Life Insurance Corporation Of India & ... on 10 April, 2003NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
REVISION PETITION NO.
996 OF
2003
(From the order dated 12.12.02 in Appeal No.2131/2000
of the State Commission Uttar Pradesh)
Anand Shankar Singh .. Petitioner
Vs.
Life Insurance Corporation of India & Ors. .. Respondents
BEFORE:
HONBLE
MR. JUSTICE D.P. WADHWA,
PRESIDENT.
MRS.
RAJYALAKSHMI RAO, MEMBER.
MR.
B.K. TAIMNI, MEMBER.
Insurance
claim insured taken ill taken to Varanasi for treatment and while crossing
a bridge over a river died - body thrown in the river water cremation
- certificate of death obtained on that basis held claim rightly rejected in the circumstances.
For the petitioner : Mr. Chhote Lal Verma, Advocate
DATED
THE 10th APRIL, 2003:
O R D E RD.P. WADHWA, J.( PRESIDENT):It is the complainant
who is the petitioner before us. Though he succeeded for his claim of
insurance in respect of the life of Deena Nath Singh, assured, since died, he
lost in the State Commission on appeal filed by the respondent-Life Insurance
Corporation of India (LIC).Deena
Nath Singh, the deceased, took a life
insurance policy on 28.2.95 for Rs.1.00
lakh . Premium was to be paid quarterly
@ Rs.1,521/- per quarter payable in February, May, August and November of each
year. Deena Nath Singh died in the
month of September within seven months of his taking the policy. The dispute pertains to the date of death
whether Deena Nath Singh died on
20.9.95 as was contended by the LIC or on 22.9.95 as contended by the complainant. The dispute assumes importance as premium was paid only on 21.9.95 for two quarters of May
and August. It is also the contention of the LIC that the amount received on 21.9.95 was in
respect of the quarter ending May and
the assured was still in default of
premium due in the quarter ending August, 1995.Case
set up by the complainanat was that Deena Nath Singh was ailing and when he was taken for treatment to Varanasi while crossing the bridge on river Ganga between Balia and Varania, Deena Nath
Singh died and his body was
thrown in the river flowing underneath the bridge. It is alleged that dead body of Deena Nath
Singh was water cremated . In
support of his claim, complainant also brought on record a certified
copy of the death certificate issued by the Block Development Officer issued on
26.9.95. This certificate was
prepared on the statement made by the
complainant to the Block Development Officer that Deena Nath Singh died on
22.9.95. However, investigation by the LIC showed that Deena Nath Singh had
died on 20.9.95 and this was based on a statement made by the Gram Pradhan of the village, head of the
Panchayat under the Panchayat Raj Act.
District Forum did not place any credence on the certificate issued by
the Gram Pradhan that he was a
political person. This was no ground to discard the
certificate of Gram Pradhan since he was elected under the provisions of the
Act and as rightly held by the State Commission. In the circumstances, it
is difficult to believe the case set up
by the complainant. State Commission,
in our view has considered the whole
aspect of the matter threadbare and came to the conclusion that the death of
Deena Nath Singh occurred 20.9.95 and not on 22.9.95. Since Deena Nath Singh, the deceased, was in arrears of the payment of the premium
of insurance policy which lapsed and no amount could be claimed under the
policy.We
agree with the finding arrived at by the State Commission and we do not find
it is a case where we should
exercise our jurisdiction under clause(b) ofSection 21of the Consumer Protection Act. This revision petition is dismissed..J
(D.P. WADHWA)
PRESIDENT
....(RAJYALAKSHMI RAO)
MEMBER
..(B.K. TAIMNI)
MEMBER |
abecc4e5-6d92-5a49-b568-6239f19f8ace | court_cases | Delhi District CourtState vs . 1. Peri Swami on 27 November, 2010IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGE-II (NORTH-WEST): ROHINI COURTS: DELHI
Sessions Case No. 1178/2009
Unique Case ID: 02404R0311412009
State Vs. 1. Peri Swami
S/o Kanda Swami,
R/o L-199, JJ Colony
Shakurpur, Delhi.
2. M. Narsimman
S/o M Maniyan
R/o L-191, JJ Colony,
Shakurpur, Delhi.
FIR No. : 467/2009
Under Section : 392/397/34 Indian penal Code.
& 25/54/59Arms Act.
Police Station : Saraswati Vihar
Date of committal to sessions court : 17.12.2009
Judgment reserved on : 2.11.2010
Date of Sentence : 22.11.2010
JUDGMENTBrief Facts:That on 31.8.2009 at about 3:40 PM at Inner Ring Road
near F Block Bus Stand, Shakur Pur, Delhi, the accused persons
before this court namely Peri Swami and Narasimman had robbed the
complainant Ramu Gupta of his purse containing Rs.4,500/- and of
another Rs.200-300/- and while doing so the accused Peri Swami
also pointed the knife upon he complainant.State Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 1 of 22Case of prosecution in brief:The case of prosecution in brief is that on 31.08.2009 on
the receipt of DD No. 31A regarding snatching of money by two-
three boys at F Block Bus Stand, Shakur Pur, SI Sanjay Kumar
alongwith Ct. Lokesh went at the spot and found that the accused
Peri Swami who was having a knife in his hand, had been caught by
public persons. SI Sanjay Kumar recorded the statement of
complainant Ramu Gupta and the complainant told to the police that
on 31.08.2009, he was working in Kings Tool Corporation, GT Road,
Opposite Sanmati Rice Mill, Gannaur, Distt. Sonepat, Haryana and
used to supply the goods. He further stated to the police that on the
day of the incident he had come to Nai Sarak, Chawri Bazar for
supplying the goods and he had come to the residence of his mama at
A-31, Shakur Pur, Delhi and after meeting his Mama while he was
going towards the Bus stand Ring Road for taking a bus to Gannaur
and reached near F Block, two boys came from behind and one of
them put a knife on his neck and other boy took his purse from the
backside pocket of his pant containing Rs.9,500/- and also took about
Rs. 200-300 from his upper pocket and thereafter the public persons
gathered at the spot and caught hold of the accused Peri Swami while
the co-accused M. Narsimhan who took out the aforesaid articles/
money ran away from the spot. On the basis of the statement made
by the complainant, FIR was got registered and accused persons were
arrested and after completing the necessary investigation, the charge
sheet was filed before the court.State Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 2 of 22CHARGE:On the basis of the allegations made in the charge sheet,
charge under Section 392 read withSection 397IPC and charge
underSection 25/54/59of Arms Act, were settled against the accused
Peri Swami. Charge underSection 392/34IPC was settled against
the accused M. Narasimman. Both the accused have pleaded not
guilty and claimed trial.EVIDENCE:Complainant / public witnesses:PW3 Ramu Gupta, has deposed that on 31.8.09 he was
employed in the Kings Tool Corporation, GT Road Opposite Sanmati
Rice Mill, Gannaur, Distt. Sonipat, Haryana, where he was working
as Foreman and used to supply the goods. According to the
complainant on 31.8.09 he had come to Nai Sarak, Chawri Bazar,
Delhi, for making the supply of the goods and thereafter he came to
the residence of his Mama who is R/o A-31, Shakurpur and after
meeting his Mama when he was going back to bus stand Ring Road
for taking a bus to Gannuar and he reached near F Block before the
Red Light, two boys came from behind one of whom kept a knife on
his neck. According to the witness, the other boy took the purse from
the back side pocket of his pant containing Rs.9,500/- and also took
about Rs.200-300/- from the pocket of his shirt. The witness has
further deposed that he raised an alarm on which the public persons
who were coming and going caught hold of the boy who had caught
him from the back and put the knife on his neck while the other boyState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 3 of 22ran away. According to the witness some body from the public called
at 100 number and the PCR officials came to the spot. According to
the witness the boy who had been apprehended by the public persons
at the spot was identified as the accused Perry Swami and he was
handed over to the PCR persons by the public and one knife was
recovered from him which knife he put on his neck. The witness has
further deposed that the police also interrogated him on which he
disclosed that the other boy had taken away the money. His statement
Ex.PW3/A was recorded by the police at the spot. He also informed
the police the details of the spot where the incident took place and
site plan Ex.PW3/B was prepared in his presence bearing his
signatures at point A. The Khaka of the knife recovered from the
accused Peri Swami was also prepared in his presence which is
Ex.PW3/C bearing his signatures at point A, and the knife was
seized vide memo Ex.PW3/D and after sealing the same in a white
cloth pulanda and a seal of SD was put on. According to the witness
the disclosure statement of the accused Peri Swami was also recorded
in his presence vide Ex.PW3/E; and he was arrested vide memo
Ex.PW3/F and his personal search was conducted vide memo
Ex.PW3/G.
The witness Ramu Gupta has further deposed that, on
1.9.2009, he had gone to the police station to take the copy of FIR
when he found another boy sitting at police station. He immediately
informed the police that this was the boy who had removed his purse.The witness has pointed towards the accused Narsimhan as the boy
who had removed the purse from his pocket. According to theState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 4 of 22witness they were not in their normal state and appeared to be in the
state of intoxication either by the alcohol or drug.Addl. PP for the State with the permission of the court
also put leading questions to the witness as he was not giving the
complete facts, in which the witness has testified that he had told the
investigating officer that on 1.9.09 when he went to the police station
he did not find the investigating officer and he therefore, came out
and stood outside the police station, when he saw the investigating
officer alongwith two policemen were coming inside the Police
Station with one boy whom they had apprehended which boy he
identified as the person who had stolen his purse and money. The
investigating officer informed him that the name of said boy was
Narshimhan. The witness has correctly identified the knife recovered
from the accused Peri Swami which is Ex.P-1.In his cross examination by the Ld. defence counsel, the
witness has testified that there were not many persons on the road at
the time of incident as it was very hot in the afternoon between 3-4
PM and a large number of vehicles were coming and going on the
road. The Ld. defence counsel has tried to shake the credibility of
this witness on the aspect of the incident and snatching of cash. The
witness has testified that when he supplies the goods in the market,
he only collects cash payment but does not do any writing work and
it is for this reason that he did not hand over any receipt to
investigating officer to show that he had come to Delhi to make
delivery of the articles. According to the witness there was no mark
of knife on his neck since the moment the accused Peri Swami putState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 5 of 22the knife on his neck he put his head down in order to save himself
and immediately some boys who were playing cricket in the park
also came out and apprehended the accused alongwith public
persons. According to the witness had the public not come and
apprehended the accused much more could have happened. He has
deposed that it is somebody from the public who had called the PCR
who reached at the spot within 5-7 minutes of the incident.
According to him several policemen including the investigating
officer had come to the spot and conducted the entire documentations
there. The witness has deposed that he remained at the spot through
out the day and left the place after 7-7:30 p.m when police told him
to leave. The witness has further deposed that on the next day i.e.
1.9.09 he had gone to the police station and seen the accused
Narshimha sitting inside the police station. According to him he had
stated in his statement to the investigating officer that he was
standing outside the police station. He has voluntarily stated that
when he came out of the police station there was a Chabutra on one
side on which he waited and when he saw the investigating officer
entering the police station alongwith the accused he went inside the
Police Station and pointed out the accused Narshimhan to the police
officers as the boy who had taken his money and purse. The witness
has been confronted with his statement Ex.PW3/DX1 wherein this
aspect is not so recorded in this manner.Police / official witnesses:PW1 HC Rajpal Hooda, was posted as duty officer on
31.8.2009 in police station Saraswati Vihar from 9 AM to 5 PM andState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 6 of 22at about 4:10 PM he recorded DD No.31A Ex.PW1/A and thereafter,
the same was sent to SI Sanjay through Ct. Surender. The witness
has not been cross examined by the accused.PW2 SI Sukhbir Singh, has deposed that on 31.8.2009
he was posted as Duty Officer in PS Saraswati Vihar and was on duty
from 5 pm to 1:00 am and on that day at about 5:50 pm he received a
rukka through Ct. Lokesh which was sent by SI Sanjay Kumar on the
basis of which he recorded the present FIR No. 467/09 underSection
392/397/34IPC and 25/27Arms Act, and after registration of the
FIR handed over the original rukka and copy of the FIR to Ct.Lokesh
for handing over to SI Sanjay for further investigations. Copy of the
computer generated FIR is Ex.PW2/A and the endorsement made by
him on the rukka is Ex.PW2/B. In his cross examination by the Ld.
defence counsel the witness has testified that Ct. Lokesh remained in
PS for about 25 minutes.PW4 Ct. Sumit Kumar, has deposed that on 01.09.2009
he was posted as constable at police station Saraswati Vihar and was
on duty from 5.00 PM to 1.00 AM (Midnight) and at about 10.10 PM
he received a telephonic information from Ct. Om Prakash that one
boy namely Narsimha who was wanted in the present FIR was sitting
at Ambedkar Park, Shakur Pur and consuming smack and he also
requested that some police officer be sent from the police station.
He, on receipt of this information, entered the same in the
Rozanamacha vide DD No. 64B copy of which is Ex.PW4/A, and
thereafter handed over the same to Ct. Vijay which he took to SI
Sanjay Dahiya. In his cross examination by Ld. counsel for theState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 7 of 22accused, the witness has admitted that Shakur Pur was not mentioned
in the DD No. 64B.PW5 SI Sanjay Kumar, has deposed that on 31.08.2009
he was posted as Sub Inspector at police station Saraswati Vihar and
on that day he received an information from the PCR vide DD
No.31A Ex.PW1/A regarding snatching of money by 2-3 boys at F
Block Bus stand, Shakurpur and on receipt of this information he
alongwith Ct.Lokesh went to the spot i.e. F block bus stand and saw
that a large crowd had gathered. According to the witness one person
from the public had caught hold of a boy who was having a knife in
his hand which boy was handed over to him and he took the knife
from the hand of the boy and handed over the boy to Ct. Lokesh. The
said boy who had caught the boy disclosed his name as Ramu Gupta
and told him that this boy had put the knife on his neck alongwith
one other associate and had removed a purse from the pocket of his
pant containing Rs. 9,500/- and also a cash of Rs.200-300 from the
pocket of his shirt. He thereafter recorded the statement of Ramu
Gupta vide Ex. PW3/A and prepared the khaka of the knife vide Ex.
PW3/C and measured the same and found the total length of the
knife as 24 Cms., the blade of the knife as 11 Cms., its handle as 13
Cms. and the maximum width of the blade was 2.5Cms and the blade
was of steel and the handle was of aluminium. According to the
witness he converted the knife into a pulanda and sealed the same
with the seal of SD and also prepared the seizure memo of the knife
vide Ex.PW3/D. He prepared the Tehrir on the basis of statement of
Ramu Gupta and handed over the same to Ct.Lokesh for taking theState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 8 of 22same to the police station for registration of the case. Ct. Lokesh
took the tehrir to the police station and came back to the spot after
getting the case registered alongwith the copy of FIR which is
Ex.PW2/A and original tehrir which is already Ex.PW3/A.
According to the investigating officer, he thereafter prepared the site
plan at the instance of the complainant Ramu Gupta vide Ex.PW3/B.
During the interrogation he came to know the name of the accused as
Peri Swami and the accused was arrested vide memo Ex.PW3/F.
They were personally searched vide memo Ex.PW3/G and thereafter
the accused made a disclosure vide Ex.PW3/E wherein he disclosed
that he had put the knife on the neck of the complainant and his
associate Narsimha had snatched the money from the complainant.
According to the witness, he also recorded the supplementary
statement of the complainant and relieved him. Accused Peri Swami
was taken to Shakurpur where he took us to the house of his associate
Narsimha at L-191, Shakurpur but they could not find Narsimha
there so he returned to the police station and the accused was put in
the lock up. According to the witness, on 01.09.09 the accused Peri
Swami was produced before the Ld. MM after which he was sent to
JC and on the same day in the evening he was present in the police
station when Ct. Vijay (Home Guard) handed over the DD No. 64B
to him where Ct. Om Prakash had given the information that the
other accused wanted in the present FIR was present at Ambedkar
Park, Shakurpur. The information was recorded vide DD vide
Ex.PW4/A. On receipt of this information he went to Ambedkar Park
where he met Ct. Om Prakash and Ct. Randeep on the gate and theyState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 9 of 22pointed out that one boy who was wanted in the present case was
sitting near the wall of the park in a corner and consuming smack.
On this he went at the spot and one boy was apprehended by Ct. Om
Prakash who disclosed his name as Narsimha. According to the
witness, the accused Narsimman admitted his involvement in the
present case and also disclosed that after the snatching incident, he
went to Sadar Railway Station where he lost Rs.8000/- in gambling
and with the remaining amount of Rs.1,500/- he had purchased the
smack. The witness has proved the arrest of accused Narsimha vide
memo Ex.PW5/A and thereafter conducted his personal search vide
memo Ex.PW5/B and recorded his disclosure vide Ex.PW5/C. The
accused Narsimha also took them to the place of incident and pointed
out the place from where he had snatched the money from Ramu
Gupta on which the pointing out memo Ex.PW5/D was prepared.
The witness has further deposed that the accused Narsimmann was
taken to the police station where the complainant Ramu Gupta was
already present as he had come to take the copy of his FIR and he
immediately identified Narsimha as the other boy who had removed
the money from his pocket and run away. According to the witness,
he recorded the statement of both Constable Om Prakash and Ct.
Randeep and the supplementary statement of complainant Ramu
Gupta. Thereafter, on 02.09.2009 the accused was taken to Sadar
bazar area where the accused Narsimha pointed out the place where
he had gambled and lost Rs. 8,000/- out of the amount snatched from
the complainant Ramu Gupta. The accused was thereafter produced
before the Ld. MM and was remanded to Judicial Custody. TheState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 10 of 22witness has pointed out that after completion of the investigation he
prepared the charge sheet and filed the same in the court. The
witness has also correctly identified the accused persons in the court
and also the case property i.e. one button dar knife as that recovered
from the possession of accused Peri Swami and which is Ex. P1.In his cross examination by the Ld. defence counsel, the
witness has testified that he left the police station at about 4:15pm on
motorcycle owned by Ct. Lokesh and Ct. Lokesh was driving the said
motorcycle and reached the spot at 4:20pm where there were many
public persons present on the spot. According to the witness, accused
Peri Swami was handed over to him by complainant Ramu Gupta
alongwith the knife and not by the PCR. According to the witness,
the fact regarding the PCR was not mentioned by him in the police
report nor any statement of any police witness. He has further
deposed that the complainant did not mention the denomination of
currency notes robbed. Complainant Ramu Gupta told him that some
public person had called on the 100 number. According to the
witness he tried to join public persons during preparation of the
documents at the spot but none agreed and left the spot without
disclosing their names and addresses and he did not give any notice
to anybody for not joining the investigations. According to the
witness Ct. Lokesh went to the PS with the tehrir at about 5.40pm on
his motorcycle and came back at the spot alognwith the rukka and
copy of FIR at about 6.20/6.25 pm and after the arrival of Ct. Lokesh
at the spot, the site plan, arrest memo, personal search memo,
disclosure statement of accused Peri Swami and supplementaryState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 11 of 22statement of complainant Ramu Gupta were prepared. The witness
has further deposed that thereafter they had gone to the house of
Narsimman from the spot and reached there at about 7.45pm and
thereafter they went to the one Park at G-Block the accused was not
found. Thereafter, on 1.9.2009 at about 10.15pm he received
information regarding accused Narsimman on which he went there
and accused Narismman was arrested and was brought to the PS on
foot.Statement of accused and defence evidence:-After completing the evidence of prosecution, statement
of accused persons was recorded underSection 313Cr.PC in which
all the incriminating evidence and material was put to them which
they have denied and have submitted that they have been falsely
implicated in this case. The accused persons have not examined any
witness in defence.FINDINGS:I have gone through the evidence on record, the written
synopsis of arguments filed on behalf of the accused persons and
other material placed on record.The prosecution in order to prove its case has examined as
many as five witnesses. The most material witness of the prosecution
Ramu Gupta PW3 has supported the case of the prosecution though
the Ld. counsel for the accused has pointed out various contradictions
in his testimony, which are as under:State Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 12 of 221. That the complainant (PW3) has deposed before the court that
some boys who were playing cricket in the part came out and
apprehended the accused along with public persons, which fact
does not find mention in his earlier statement.2. That PW3 admits that the accused persons did not beat him
where the DD No. 31A find mention that "2-3 ladko ne mar-
peet karke ek ladke ke paise chin liye".3. That the complainant PW3 has admitted that he told the
investigating officer that one boy had apprehended the accused
when he made hue and cry, which fact is not mentioned in his
earlier statement and is an improvement.4. It is further pointed out by Ld. defence counsel that as per the
tehrir, PW3 Ramu Gupta himself called at 100 number, whereas
PW3 has deposed in the court that he did not mention to the IO
that he had called at 100 number and somebody else had called
at 100 number.5. That PW3 stated that PCR came to the spot within 5-7 minutes
of the incident whereas the IO PW5 states that when he reached
the spot the PCR was already present there and that both PW3
and PW5 cannot tell about the number of PCR officials and that
none of the PCR officials have been cited as the witness.Ld. counsel for the accused persons has further argued
that no public witness was joined at the time of preparation of the
various documents though presence of large number of public
persons is admitted. It is also argued that no handing over memo was
prepared. It is also pointed out that the investigating officer shouldState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 13 of 22not have handed over the seal to the complainant as the complainant
is an interest witness. Ld. counsel also pointed out that the various
DD entires regarding departure and arrival have not been placed on
record. It is also argued that the complainant has failed to prove that
he at the time of incident was in possession of Rs.9,500/- and
therefore under these circumstances his testimony cannot be
believed. Ld. counsel for the accused has also pointed out towards
the various contradictions in the testimonies of various witnesses qua
the accused Narsimman. According to him none of the constables i.e.
Ct. Om Prakash and Ct. Randeep have been examined. It is further
submitted that according to the complainant, on 1.9.2009 he had gone
to police station to take the copy of FIR and he found the accused
Narsimman sitting their and identified him as the boy who had
removed his purse whereas in the leading question put to him, he told
that on 1.9.2009 when he went to the police station he did not find
the investigating officer so he came outside the police station where
he saw that IO alongwith two constables had brought accused
Narsimman on which he identified the accused. It is submitted that
the accused Narsimman was identified by the complainant outside
the police station and therefore his arrest and identity is not proved
beyond reasonable doubt. Ld counsel for the accused has also pointed
out that despite the fact that accused Narsimman had taken the
investigating officer to Sadar Bazar where he lost Rs.8000/- in
gambling, this aspect is found missing from the investigation and
also no pointing out memo has been prepared by the investigating
officer in this regard.State Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 14 of 22Addl. PP on the other hand has vehemently argued that
there is no reason to discard the testimony of eye witness PW3 who
has categorically identified both the accused in the court. Addl. PP
also pointed out that the accused Peri Swami was arrested in the
presence of public persons and knife was recovered from him
whereas the other accused was apprehended later, though no recovery
was effected.I have considered the rival contentions. In so far as the
aspect of contradictions is concerned, the Hon'ble Supreme Court had
an opportunity to discuss as to why discrepancies arise in the
statements of witnesses.In the judgment ofBharwada Boginbhai
Hijri Bhai Vs. State of Gujarat, reported in 1983 (CRI) GJX 0252
SC, the Supreme Court pointed out the following reasons as to why
the discrepancies, contradictions and improvements occur in the
testimonies of the witnesses.(a) By and large a witness cannot be
expected to possess a photographic memory and to
recall the details of an incident. It is not as if a
video tape is replayed on the mental screen.(b) Ordinarily it so happens that a witness
is overtaken by events. The witness could not have
anticipated the occurrence which so often has an
element of surprise. The mental faculties therefore
cannot be expected to be attuned to absorb the
details.State Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 15 of 22(c) The powers of observation differ from
person to person. What one may notice, another
may not. An object or movement might emboss its
image on one person's mind, whereas it might go
unnoticed on the part of another.(d) By and large people cannot accurately
recall a conversation and reproduce the very words
used by them or heard by them. They can only
recall the main purport of the conversation. It is
unrealistic to expect a witness to be a human tape
recorder.(e) In regard to exact time of an incident, or
the time duration of an occurrence, usually people
make their estimates by guess work on the spur of
the moment at the time of interrogation. And one
cannot expect people to make very precise or
reliable estimates in such matters. Again, it
depends on the time sense of individuals which
varies from person to person.(f) Ordinarily a witness cannot be expected
to recall accurately the sequence of events which
take place in rapid succession or in a short time
span. A witness is liable to get confused, or mixed
up when interrogated lateron.(g) A witness, though wholly truthful, is
liable to be overawed by the court atmosphere andState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 16 of 22the piercing cross-examination made by counsel
and out of nervousness mix up facts, get confused
regarding sequence of events, of fill up details from
imagination on the spur of the moment. The
subconscious mind of the witness sometimes so
operates on account of the fear of looking foolish or
being disbelieved though the witness is giving a
truthful and honest account of the occurrence
witnessed by him perhaps it is a sort of
psychological defence mechanism activated on the
moment.Further, as regards the contradictions in the timings,
presence of a particular police official at a particular time etc. I am of
the considered view that the same are too immaterial and irrelevant
as it is the evidence of the victim regarding the commission of the
offence by the accused which is more important than the
investigation conducted in the present case. Even otherwise, the
alleged contradictions are not fatal to the prosecution case in any
manner as the same relate to the investigation. Merely due to the
contradictions in the evidence regarding investigation or even if there
is faulty investigation, the same do not absolve the accused of their
liabilities as it is the evidence of the material and star witnesses
which is more important than the evidence of the witnesses of the
investigation.State Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 17 of 22Even otherwise the discrepancies as pointed out by the
Ld. Counsel for the accused can be ignored since the witness, though
truthful can be overawed by the court atmosphere and the piercing
cross-examination made by the counsel and sometimes get confused
regarding the sequence of events and to fill up the details of
imagination at the spur of the moment. These discrepancies can be
ignored once the witness gives the truthful and honest account of the
occurrence. It is evident from the record that the accused Peri Swami
was apprehended at the spot itself within a matter of minutes and it
has been proved by the complainant that the police officer had come
to the spot and it is immaterial as to who called the PCR since it is
the complainant or some other public person who would have called
the PCR. Though admittedly no PCR officer has been cited as
witness but it does not affect the investigations conducted in the
present case in any manner.Further, it is evident from the testimony of the
complainant that both the accused at the time of the incident
appeared to be in a state of intoxication. This court may observe that
even during the course of trail the conduct of the accused persons
appear to be the same. It has been revealed that they are addicted to
drugs and the crime committed by them is connected with their
addiction. In fact on one occasion the accused M. Narishaman had
applied for bail on the ground that his father had expired and he
wanted to attend to his last rites and also to console his mother.
However, when the report was sought it was revealed that his father
is hale and hearty and in fact the parents of the accused M.State Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 18 of 22Narishaman were themselves fed up to him on account of his
addiction to drugs and they also made a request that he should not be
released least he may go back to his addiction.It has also been argued that despite there being
availability of public witnesses no public witness was joined by the
investigating officer due to which the investigations conducted at the
spot are liable to be rejected. I have considered the submissions
made. I am oblivious of the fact that non joining of public witnesses
is a serious investigation lapse and can be fatal to the case of the
prosecution but in the present case it is evident from the record that
an attempt had been made by the investigating officer to join the
public witnesses as deposited by him orally and normally under the
given circumstances, public persons do not wish to get themselves
embroiled in the affairs of the court and refuse which is only natural
as happened in the present case. However, since the complainant/
victim was present and joined throughout the investigations, non
joining of other public witnesses will not be fatal to the case of the
prosecution.Now coming to the merits of the case. Firstly, as far as
the identity of the accused Peri Swami is concerned, there is no
dispute. He was apprehended at the spot by the public persons and
the complainant Ramu Gupta has proved this aspect and also
identified him as the boy who had put the knife upon him while the
other co-accused Narsimman removed his cash.Secondly, in so far as the accused Narsimman is
concerned, he has also been identified in the court by theState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 19 of 22complainant Ramu Gupta as the boy who had removed his cash
amount of Rs.9,500/-.Thirdly, the complainant Ramu Gupta has identified the
accused Narsimman at the police station while he had gone to the
police station on 1.9.2009 to collect the copy of the FIR. The short
dispute before this court is whether the complainant had identified
the accused Narsimman inside the police station or outside, as
claimed by him. I find no merit in the arguments of Ld. counsel for
the accused that there are material contradictions in the testimony of
the complainant PW3 on this aspect, since it is evident from the
statement of PW3 that he has specifically explained that there is a
place outside the police station to sit and when he had gone to the
police station on 1.9.2009, he did not met investigating officer and
set outside. After some time when he was about to leave he found
the investigating officer coming to the police station alongwith the
accused Narsimman whom he identified the other boy who had
removed his cash amount from his pocket, on which he went inside
the police station alongwith the investigating officer and informed
the investigating officer of the same. Though, earlier statement made
to the investigating officer, the complainant Ramu Gupta has not
specified this aspect in such a manner, yet it is evident that he has
explained the details in his testimony before the court when
confronted by the Ld. defence counsel in this regard and I therefore
find no reason to disbelieve him.Fourthly, the recovery of the knife from the accused Peri
Swami has been proved by the prosecution witnesses. TheState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 20 of 22complainant Ramu Gupta has identified the accused Peri Swami as
the boy who put the knife upon him which aspect has been proved by
the other witnesses also. The accused Peri Swami was apprehended
by the public persons at the spot and was the knife was recovered
from his possession which he shown to the complainant, an aspect
which has been duly proved by the prosecution witnesses.Fifthly the knife recovered from the possession of the
accused Peri Swami at the spot itself has been duly identified by the
complainant as Ex.P-1. The khaka of the knife, measurement taken
by the investigating officer, pullanda prepared by him and its sealing,
has been duly proved. A judicial notice is taken of the Gazette
Notification dated 17.2.1979 bearing No.F.13/203/78-Home (C)
providing that any any person found in possession of a knife open or
close with any of the mechanical device with a blade of 7.62 or more
in length and 1.72 cms or more in breadth, in public places should be
regulated. The knife so recovered from the accused Peri Swamy is
clearly beyond the prescribed notified limits. The prosecution has
duly proved that the possession of the knife Ex.P-1 with the accused
Peri Swamy is in violation of the aforesaid notification.Lastly, in so far as the accused Narsimman is concerned,
the investigating officer has submitted that the accused Narsimman
had taken him to Sadar Bazar where he had stated that he had
gambled away Rs.8000/-, which aspect does not find any mention in
the investigation and is an improvement by the the investigating
officer. No doubt the accused Narsimman has been identified by the
complainant as the boy who had snatched the amount, yet theState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 21 of 22explanation forthcoming regarding the same the sum of Rs.8000/-
having been gambled out of the said amount, cannot be believed and
is required to be discarded.In view of my aforesaid discussions, I hereby hold the
accused Peri Swami guilty for the offence underSection 397Indian Penal Code read withSection 25/54/59Arms Act, and the
accused Narsimman is held guilty underSection 392Indian Penal
Code. Both the accused are accordingly convicted.Be listed for arguments on the point of sentence on
26.11.2010.Announced in the open court (Dr. KAMINI LAU)
Dated: 22.11.2010 ASJ (NW)-II: ROHINIState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 22 of 22State Vs. Peri Swami
PS Saraswati ViharFIR 467/200922.11.2010
Present: Addl. PP for the State.Both accused in JC with Sh. Rajneesh Antil Amicus
Curiae.Vide separate detailed judgment dictated and announced
in the open court, the accused Peri Swami has been held guilty of the
offence underSection 397Indian Penal Code read withSection
25/54/59Arms Act and the accused M. Narsimman has been held
guilty of the offence underSection 392Indian Penal Code and both
the accused are convicted accordingly.Be listed for arguments on the point of sentence on
26.11.2010.(Dr. Kamini Lau)
ASJ/NW-II, Rohini/22.11.10
26.11.2010
Present: Addl. PP for the State.Both the convicts in JC with Sh. Rajneesh Antil
Amicus Curiae.Heard arguments on the point of sentence. Be listed for
order on sentence on 27.11.2010.(Dr. Kamini Lau)
ASJ/NW-II, Rohini/26.11.10State Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 23 of 22IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGE-II (NW): ROHINI COURTS: DELHISession Case No. 1178/09State Vs. Peri Swami @ Perry Swami
S/o Kanda Swami
R/o House No. L-199,
JJ Colony, Shakurpur,
Delhi
M. Narishaman
S/o M. Maniyam
R/o L-191, JJ Colony,
Shakurpur, DelhiFIR No. 467/09Police Station: Saraswati Vihar
Under Section: 392/397/34Indian Penal Code25/54/59 ofArms ActDate of Conviction: 22.11.2010
Arguments heard on: 26.11.2010
Date of Sentence: 27.11.2010
APPEARANCE:Present: Sh. Taufiq Ahmed, Addl. Public Prosecutor for the State.Both the convicts in judicial custody with Amicus Curiae
Sh. Rajneesh Antil, Advocate.ORDER ON SENTENCE:Vide my detailed judgment dated 22.11.2010 the accused
Peri Swami @ Perry Swami has been held guilty of the offence underState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 24 of 22Section 397Indian Penal Code read withSection 25/54/59Arms
Act and the accused M. Narishaman has been held guilty of the
offence underSection 392Indian Penal Code.As per the allegations, on 31.8.2009 both the accused
robbed one Ramu Gupta of his purse containing Rs.9,500/- and
Rs.200-300/-, on the point of a knife. The accused Peri Swami @
Perry Swami was apprehended at the spot by the public persons and
handed over to the police whereas the accused M. Narishaman ran
away who was arrested later. The complainant/ victim Ramu Gupta
has been examined as PW3, has correctly identified the accused
Perry Swami @ Peri Swami in the court, as the boy who had put the
knife on his neck and was apprehended with the help of public
persons and from whose possession the knife was recovered at the
spot itself. He has also identified the accused M. Narishaman as the
boy who had removed the purse from his pocket containing
Rs.9,500/- and had run away from the spot. On the basis of the
testimonies of the various witnesses examined by the prosecution,
this court has held the accused Perry Swami @ Peri Swami guilty of
the offence underSection 397Indian Penal Code read withSection
25/54/59Arms Act and the accused M. Narishaman guilty of the
offence underSection 392Indian Penal Code and convicted them
accordingly.I have heard the arguments on the point of Sentence. Ld.
Amicus Curiae appearing on behalf of the convicts has vehemently
argued that both the convicts are young boys and belong to very poor
families. It is also argued that both the convicts have alreadyState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 25 of 22remained in judicial custody for a substantial period. He requests
that a lenient view be taken against both the convicts.Ld. Addl. Public Prosecutor for the State on the other
hand, has prayed for a strict punishment keeping in view the
seriousness of the offence.The object of sentence is not only required to be
reformative but it should also be punitive, preventive and deterrent.
The hon'ble Supreme Court has while considering the sentencing
policy in the case ofSiddarama and Ors. Vs. State of Karnatakareported in 2006 IV AD (Crl.) SC 78 has observed that:"........law regulates social interests, arbitrates
conflicting claims and demands. Undoubtedly,
there is a cross cultural conflict where living
law must find answer to the new challenges and
the courts are required to mould the sentencing
system to meet the challenges. The contagion of
lawlessness would undermine social order and
lay it in ruins. Friedman in his "Law in
Changing Society" stated that, "State of
criminal law continues to be as it should be a
decisive reflection of social unconsciousness of
society". Therefore, in operating the sentencing
system, law should adopt the corrective
machinery or the deterrence based on factual
matrix. By deft modulation sentencing processState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 26 of 22be stern where it should be, and tempered with
mercy where it warrants to be. The facts and
given circumstances in each case, the nature of
the crime, the manner in which it was planned
and committed, the move for commission of the
crime, the conduct of the accused, and all other
attending circumstances are relevant facts
which would enter into the area of
consideration......"The Hon'ble Court has further observed that:
"...........The criminal law adheres in general to
the principle of proportionality in prescribing
liability according to the culpability of each kind
of criminal conduct. It ordinarily allows some
significant discretion the the judge in arriving at
a sentence in each case, presumably to permit
sentences that reflect more subtle considerations
culpability that are raised by the special facts of
each case. Judges in essence affirm that
punishment ought always to fit the crime; yet in
practice sentences are determined largely by
other considerations. Sometimes it is the
correctional needs of the perpetrator that are
offered to justify a sentence. Sometimes theState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 27 of 22desirability of keeping him out of circulation
and sometimes even the tragic results of his
crime. Inevitably these considerations cause a
departure from just desert as the basis of
punishment and create cases of apparent
injustice that are serious and widespread......"
"......Proportion between crime and punishment
is a goal respected in principle, and in spite of
errant notions, it remains a strong influence in
the determination of sentences. The practice of
punishing all serious crime with equal severity
is not unknown in civilized societies, but such a
radical departure from the principle of
proportionality has disappeared from the law
only in recent times. Even now for a single
grave infraction drastic sentences are imposed.
Anything less than a penalty of greatest severity
for any serious crime is through then to be a
measure of toleration that is unwarranted and
unwise. But in fact, quite apart from those
considerations that make punishment
unjustifiable when it is out of proportion to the
crime, uniformly disproportionate punishment
had some very undesirable practice
consequences.."State Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 28 of 22Further in the case of Sevaka Perumal Etc. Vs. State of
Tamil Nadu reported in AIR 1991 SC 1463 it has been held by the
Hon'ble Supreme Court that:"......Undue sympathy to impose inadequate
sentence would do more harm to the justice
system to undermine the public confidence in
the efficacy of law and society could not long
endure under such serious threats. It is,
therefore, the duty of every court to award
proper sentence having regard to the nature of
the offence and the manner in which it was
executed or committed etc...."Also in the case of Dennis Councle MCGDautha Vs.
State of Callifornia reported in 402 US 183: 27 L.D. 2d 711, as
relied by the Hon'ble Supreme Court in the case ofSiddarama and
Ors. Vs. State of Karnatakait has been observed that :".......no formula of a foolproof nature is
possible that would provide a reasonable
criterion in determining a just and
appropriate punishment in the infinite variety
of circumstances that may affect the gravity of
crime. In the absence of any foolproof
formula which may provide any basis forState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 29 of 22reasonable criteria to correctly assess various
circumstances germane to the consideration
of gravity of crime, the discretionary judgment
in the facts of each case, is the only way in
which such judgment may be equitably
distinguished....."Hence in the words of Mr. Justice A. Pasayat as held in
the case ofSiddarama and Ors. Vs. State of Karnatakait is
necessary for the court to keep in mind that the object should be to
protect the society and to deter the criminal in achieving the
avowed object to law by imposing appropriate sentence.The
Courts are expected to operate the sentencing system so as to
impose such sentence which reflects the conscience of the society
and sentencing process has to be stern where it should be.After giving due considerations to the facts and
circumstances of the case for deciding just and appropriate sentence
to be awarded for an offence, the aggravating and mitigating factors
and circumstances in which a crime has been committed are required
to be delicately balanced on the basis of really relevant circumstances
in a dispassionate manner by the court. At this stage this court is not
only required to look into the rights of the accused but also the rights
and interest of the society. A serious view is required to be taken in
respect of the offences adversely affecting the public confidence and
social order which are showing a distressingly increasing tendency.State Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 30 of 22The convict Peri Swami is aged 36 years having a family
comprising of one brother, wife and two minor daughters. He is 5th
class pass and is a driver by profession. The convict is also involved
in another case bearing FIR No.89/06, Police Station Keshav
Puram, underSection 25/54/59of Arms Act and is in judicial
custody from 31.8.2009 till date.The convict M. Narishaman is a young boy of 24 years
having a family comprising of father and two mothers, one brother
and two sisters. He is 5th class pass and is a private worker. The
convict was previously involved in another case bearing FIR No.
451/09, Police Station Saraswati Vihar, UnderSection 379/411/34Indian Penal Code wherein he has been acquitted. He is in judicial
custody w.e.f. 1.9.2009.The maximum punishment prescribed for the offence
underSection 392Indian Penal Code is ten years & fine and for the
offence underSection 397Indian Penal Code is not less than seven
years. Keeping in view the aforesaid and also in view of the fact that
both the convicts are also involved in other cases of similar nature, I
hold that they are not entitled to any leniency. I hereby award the
following sentences to the convicts:The convict Peri Swami is sentenced to Rigorous
Imprisonment for a period of 8 (Eight) Years for the offence underSection 397Indian Penal Code. He is also sentenced to Rigorous
Imprisonment for a period of 3 (Three) Years and fine to the tune
of Rs.2,000/- for the offence underSection 25/54/59Arms Act. InState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 31 of 22default of payment of fine the convict shall undergo Simple
Imprisonment for a period of fifteen days. Both the sentences shall
run concurrently.The convict M. Narishaman is sentenced to Rigorous
Imprisonment for a period of 5 (Five) Years and fine to the tune of
Rs.10,000/- for the offence underSection 392Indian Penal Code.
In default of payment of fine the convict shall undergo Simple
Imprisonment for a period of Two Months.Benefit ofSection 428Code of Criminal Procedure
shall be given to both the convicts for the period already undergone
by them during the trial. The convicts are in Judicial Custody. They
are sent to judicial custody to serve the remaining sentence.It is evident that both the convicts are also reported to be
addicted to drugs and the present crime appears to be an outcome of
such addiction. Keeping in view the intent of the legislation which
provides for reformative approach towards addicts, the
Superintendent Jail concerned is directed to ensure that the convicts
are provided professional help for the purposes of rehabilitation. The
Superintendent Jail is directed to get the convicts treated from any
center established by the government in pursuance toSection 71of
the NDPS Act for the purposes of treatment, education, rehabilitation
and after care. The medical report of the convicts shall be sent to
this court for information on monthly basis. The
period during which the convicts undergo this treatment shall be
included in the period of substantiative punishment. Copy of thisState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 32 of 22order be sent to Superintendent Jail concerned for compliance.The convicts are informed that they have a right to prefer
an appeal against this judgment. They have been apprised that in
case they cannot afford to engage an advocate, they can approach the
legal Aid cell, functioning in Tihar Jail or write to the Secretary,
Delhi High Court Legal Services Committee, 34-37, Lawyers
Chamber Block, High Court of Delhi, New Delhi.Copy of the judgment and order on sentence be given to
both the convicts free of costs and another be attached with their jail
warrants.File be consigned to Record Room.Announced in the open court (Dr. KAMINI LAU)
Dated: 27.11.2010 ASJ (NW)-II: RohiniState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 33 of 22State Vs. Peri SwamyFIR No. 467/09PS Saraswati Vihar
27.11.2010
Present: Addl. PP for the State.Both the accused in JC with Amicus Curiae Sh. Rajneesh
Antil, Advocate.Vide my separate detailed order dictated and announced in
the open court, the convict Peri Swami is sentenced to Rigorous
Imprisonment for a period of 8 (Eight) Years for the offence underSection 397Indian Penal Code. He is also sentenced to Rigorous
Imprisonment for a period of 3 (Three) Years and fine to the tune of
Rs.2,000/- for the offence underSection 25/54/59Arms Act. In
default of payment of fine the convict shall undergo Simple
Imprisonment for a period of fifteen days. Both the sentences shall
run concurrently.The convict M. Narishaman is sentenced to Rigorous
Imprisonment for a period of 5 (Five) Years and fine to the tune of
Rs.10,000/- for the offence underSection 392Indian Penal Code. In
default of payment of fine the convict shall undergo Simple
Imprisonment for a period of Two Months.Benefit ofSection 428Code of Criminal Procedure shall
be given to both the convicts for the period already undergone by
them during the trial. The convicts are in Judicial Custody. They are
sent to judicial custody to serve the remaining sentence.It is evident that both the convicts are also reported to be
addicted to drugs and the present crime appears to be an outcome ofState Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 34 of 22such addiction. Keeping in view the intent of the legislation which
provides for reformative approach towards addicts, the
Superintendent Jail concerned is directed to ensure that the convicts
are provided professional help for the purposes of rehabilitation. The
Superintendent Jail is directed to get the convicts treated from any
center established by the government in pursuance toSection 71of
the NDPS Act for the purposes of treatment, education, rehabilitation
and after care. The medical report of the convicts shall be sent to
this court for information on monthly basis. The
period during which the convicts undergo this treatment shall be
included in the period of substantiative punishment. Copy of the
order on sentence be sent to Superintendent Jail concerned for
compliance.The convicts are informed that they have a right to prefer
an appeal against the judgment. They have been apprised that in case
they cannot afford to engage an advocate, they can approach the legal
Aid cell, functioning in Tihar Jail or write to the Secretary, Delhi
High Court Legal Services Committee, 34-37, Lawyers Chamber
Block, High Court of Delhi, New Delhi.Copy of the judgment and order on sentence be given to
both the convicts free of costs and another be attached with their jail
warrants.File be consigned to Record Room.(Dr. Kamini Lau)
ASJ-II(NW)/ 27.11.2010State Vs. Peri Swami, FIR No. 467/09, PS Saraswati Vihar Page 35 of 22 |
3c61cd37-96a3-52bc-9061-2521bbd0e40e | court_cases | Himachal Pradesh High CourtParas Ram vs Hrtc & Others on 19 May, 2016Bench:Mansoor Ahmad Mir,Sandeep SharmaIN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP Nos. 1300, 1304 & 1305 of
2016
Date of decision: 19.05.2016
.
1. CWP No.1300 of 2016
Paras Ram ..Petitioner
Versus
HRTC & others . Respondents
2. CWP No.1304 of 2016
Brij Mohan Singh ..Petitioner
of
Versus
HRTC & others . Respondents
3. CWP No.1305 of 2016
Hari Ram rt ..Petitioner
Versus
HRTC & others . Respondents
Coram:
The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice
The Hon'ble Mr. Justice Sandeep Sharma, Judge
Whether approved for reporting?
For the petitioner(s): Ms. Geeta Thakur, Advocate.
For the respondents: Mr. Raman Jamalta, Advocate.
________________________________________________________________________________
Mansoor Ahmad Mir, Chief Justice (oral)CMP No.3835 of 2016 in CWP No.1300 of 2016
CMP No.3853 of 2016 in CWP No.1304 of 2016
CMP No.3855 of 2016 in CWP No.1305 of 2016
Leave granted. The applications are disposed of.CWP Nos. 1300, 1304 & 1305 of 20162. It is contended by the learned Counsel for the
petitioner(s) that the cases of the petitioner(s) are covered by the
judgment dated 03.03.2015, made by a Division Bench of this High
Court in CWP No.1555 of 2015, titledAnil Kumar Sharma::: Downloaded on - 15/04/2017 20:23:38 :::HCHP2versus Himachal Road Transport Corporation and another. His
statement is taken on record.3. Issue notice. Mr.Raman Jamalta, Advocate, waives the
.same on behalf of the respondents.4. Learned Counsel for the respondents stated at the Bar
that the respondents have already released all the retiral benefits in
favour of the petitioner(s) except interest.of5. In view of the above, these writ petitions are disposed of
by directing the respondents to comply with the aforesaid
judgment, in letter and spirit, within a period of eight weeks from
rt
today. The judgment, supra, shall form part of this judgment also.6. All pending applications also stand disposed of.Copy dasti.( Mansoor Ahmad Mir )
Chief Justice
May 19, 2016 ( Sandeep Sharma )
(cm/vt) Judge::: Downloaded on - 15/04/2017 20:23:38 :::HCHP |
30ea9b9a-a618-5ce6-a719-0e5e1c6ee7ca | court_cases | Madras High CourtR.Murugavel vs The Commissioner Of Police on 29 August, 2013Author:D.HariparanthamanBench:D.HariparanthamanIN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2013
CORAM:
THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN
Writ Petition No.20391 of 2013 and
M.P.No.1 of 2013
R.Murugavel ... Petitioner
vs.
1.The Commissioner of Police,
Coimbatore City,
Coimbatore.
2.The Deputy Commissioner of Police (Traffic)
Coimbatore City,
Coimbatore. ... Respondents
Writ Petition filed underArticle 226of the Constitution of India for the issuance of writ of Certiorarified Mandamus, calling for the records pertaining to the impugned suspension order of the 2nd respondent in Memo No.CPO:181/2012/C.No.F1/6552/2013 dated 13.02.2013 and quash the same and consequently direct the respondents to reinstate the petitioner in the service.
For Petitioner : Mr.G.Shivasurya
For Respondents : Mr.V.Subbiah, Spl.Govt.Pleader
O R D E RThe petitioner was appointed as Grade I Constable in the Police Department. He was promoted as Special Sub-Inspector of Police and posted at B3 Traffic Kattur Police Station, Coimbatore City.2. While so, a case was registered in Crime No.20/2013 on the file of Perur Police Station, Coimbatore District, underSections 294(b),323,427and506(ii)of IPC against the petitioner on the allegation that the petitioner along with Sundarajan and Natarajan had beaten the defacto complainant Meenatchi Sundaram and damaged the glass bottles of his petty shop and caused simple hurt.3. In these circumstances, the petitioner obtained anticipatory bail from this Court by an order dated 13.02.2013 in Crl.O.P.No.2855 of 2013.4. Based on the registration of the aforesaid criminal case, the second respondent passed the impugned suspension order dated 13.02.2013 under Rule 3(e)(1)(i)&(ii) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 (for short TNPSS (D & A) Rules).5. The order of suspension is under challenge in this writ petition.6. Heard both sides.7. The learned counsel for the petitioner has submitted that the petitioner was not arrested and remanded to custody, and therefore, there was no necessity to place him under suspension. It is further submitted that paying subsistence allowance from tax payers money would cause loss to the Government exchequer and therefore, he prayed that the suspension of the petitioner may be revoked and he could be transferred to a faraway place.8. The petitioner has relied on the following judgments of this Court:-i) The Deputy Inspector General of Police, Coimbatore Range v. S.Govindaraj[2012 (1) CTC 124]ii) R.Gunasekaran, Sub-Inspector of Police v. The Deputy Inspector General of Police, Thanjavur Range, [CDJ 2013 MHC 713]9. I have considered the submissions made by the learned counsel for the petitioner.10. It is necessary to extract clause 3 (e)(1) & (2) of TNPSS (D & A) Rules:-"3(e)(1) A member of a service may be placed under suspension from service,where-(i) an enquiry into grave charges against him is contemplated or is pending, or(ii) a complaint against him of any criminal offence is under investigation or he is under trial and if such suspension is necessary in the public interest.(2)A member of a service who is detained in custody whether on a criminal charge or otherwise, for a period longer than forty eight hours shall be deemed to have been suspended under this rule."11. The petitioner was not placed under suspension invoking clause 3(e)(2) of the TNPSCC (D & A) Rules. Only the said rule contemplates placing an employee under suspension if he was detained in custody for more than forty eight hours. Hence, the submission made in this regard by the learned counsel for the petitioner has no substance.12. As per the affidavit filed in support of the writ petition, the petitioner was placed under suspension for his involvement in the criminal case in Crime No.20/13 underSections 294(b),323,427and506(ii)of IPC on the file of Perur Police Station, Coimbatore District.13. It is stated in the suspension order that public interest requires to place the petitioner under suspension. The petitioner was placed under suspension invoking Rule 3(e)(1)(i)&(ii) of TNPSS (D & A) Rules. The said Rule contemplates to place an employee under suspension if complaint against him of any criminal offence is under investigation or he is under trial and if such suspension is necessary in the public interest.14. Further, the petitioner is a Special Sub-Inspector belonging to Uniformed service. A criminal case is registered against him. The allegation made against him was that he had caused damage to the petty shop of the defacto complainant and caused simple hurt.15. Therefore, I am of the view that there is no infirmity in the impugned order of suspension. However, the learned counsel for the petitioner vehemently contended by placing reliance on the judgments referred to above.16. The decisions relied on by the petitioner are dealt with hereunder:-i) In theDeputy Inspector General of Police, Coimbatore Range v. S.Govindaraj[2012 (1) CTC 124], the respondent was a Head Constable. He was kept under suspension invoking Rule 3(e)(1)(ii) of TNPSS (D & A) Rules based on the criminal case registered against him underSection 7of Prevention of Corruption Act, 1988. The charge against him was that he collected bribe from the complainant one Ponnuswamy for return of his vehicle. He was placed under suspension by order dated 06.09.2006. In those circumstances, the learned single Judge allowed the writ petition on 27.08.2009 on the ground that the petitioner was under suspension for more than three years.ii) The State filed writ appeal. While admitting the writ appeal, interim stay of the order of the learned single Judge was granted and the same was also made absolute.iii) Taking into account the fact that the delinquent therein was kept under suspension for five years and also the fact that the name of the delinquent therein did not find place in the FIR and that the allegation of demanding bribe was made against the Sub-Inspector of Police, the Division Bench did not interfere with the order of the learned single Judge and dismissed the writ appeal. The Division Bench noted that the respondent therein has been kept under prolonged suspension for a period of nearly 5 years and investigation was already over and charge sheet was also filed and one prosecution witness was examined at that time.17. In the case on hand, the petitioner was placed suspension only on 13.02.2013. The stage of the investigation of the criminal case, wherein, the petitioner was arrayed an accused, is not stated. Hence, the aforesaid judgment cannot be of any use to the petitioner and the same cannot be applied to the facts of this case.18. In the judgment in R.Gunasekaran, Sub-Inspector of Police v. The Deputy Inspector General of Police, Thanjavur Range, [CDJ 2013 MHC 713], referred to by the learned counsel for the petitioner, the petitioner therein was a Sub-Inspector of Police. While he was on duty at Poraiyar Police Station, on 24.11.2009, one Aruldhas, gave a complaint that the petitioner therein demanded bribe. The Vigilance and Anti Corruption department registered a case in Crime No.12/2009 underSections 7,13(1)(d)read withSection 13(2)of the Prevention of Corruption Act, 1988. He was kept under suspension for three years. In these circumstances, taking into account the fact that the petitioner was kept under suspension for more than three years, the writ petition was disposed of on 28.11.2012 directing the respondent department therein to post the petitioner in a non-sensitive post. Further, the authorities were also directed to reexamine the issue and to place the petitioner therein under suspension if the authorities were of the opinion that his continuance in service would cause hindrance to the proceedings.18 (i) Paragraph 8 of the said judgment is extracted hereunder:-"8.In such circumstances, in view of the earlier orders passed by this Court, cited supra, the impugned proceedings of the respondent, dated 04.12.2009, is set aside and the respondent is directed to post the petitioner in a far away place from the station, in which the occurrence is alleged to have taken place, in a non-sensitive post. It is made it clear that, if for some reason, the authorities concerned are of the opinion that his continuance in service is a hindrance to the proceedings initiated against him, they could re-examine the issue and they would be at liberty to take appropriate action against the petitioner and to pass orders, as per law."18 (ii) In the last two lines of paragraph 5 of the judgment, this Court has held that the writ petition is liable to be dismissed. The said lines are extracted hereunder:-"As such, the contentions raised on behalf of the petitioner are devoid of merits, and therefore, this Writ Petition is liable to be dismissed."18 (iii) Taking into account the fact that the petitioner therein has been kept under suspension for three years, this Court issued a direction as stated above.19. In my view, the aforesaid judgments were passed taking into account the fact that the delinquents therein were kept under prolonged suspension for 5 years/3 years. In fact those judgments, in my view, do not lay down a law to the effect that any Police Constable, who is under suspension and facing a criminal case could be restored to duty and posted to a far off place.20. At this juncture, it is relevant to take note of the law laid down by the Apex Court in the following cases:-i) InAllahabad Bank v. Deepak Kumar Bholareported in (1997) 4 SCC 1., the Apex Court had held that if investigation is conducted by the CBI, which resulted in filing of charge sheet before the Special Court for various offences, that is sufficient for concluding that the Government servant should be suspended and the fact that there was delay of 10 years cannot be a ground for the Government servant to come back to duty unless he was exonerated of charges. The following passages found in paragraphs 10 and 11 may be usefully reproduced below:-10.In our opinion the aforesaid observations correctly spell out the true meaning of the expression moral turpitude. Applying the aforesaid test, if the allegations made against the respondent are proved, it will clearly show that he had committed an offence involving moral turpitude and, therefore, the appellant had the jurisdiction to suspend him under the aforesaid clause 19.3. The High Court observed that there was nothing on record to suggest that the management had formed an opinion objectively on the consideration of all relevant material available against the petitioner that in the circumstances of the case the criminal acts attributed to the petitioner implied depravity and vileness of character and are such as would involve moral turpitude. It did not regard entering into a criminal conspiracy to commit the aforesaid offences as being an offence involving moral turpitude. We are, to say the least, surprised at the conclusion which has been arrived at by the Allahabad High Court. There was material on record before the appellant, in the form of the report of the CBI/SPE, which clearly indicated the acts of commission and omission, amounting to moral turpitude alleged to have been committed by the respondent. Furthermore the respondent has been charged with various offences allegedly committed while he was working in the Bank and punishment for which could extend up to ten years' imprisonment (in case the respondent is convicted underSection 467IPC).11.We are unable to agree with the contention of the learned counsel for the respondent that there has been no application of mind or the objective consideration of the facts by the appellant before it passed the orders of suspension. As already observed, the very fact that the investigation was conducted by the CBI which resulted in the filing of a charge-sheet, alleging various offences having been committed by the respondent, was sufficient for the appellant to conclude that pending prosecution the respondent should be suspended. It would be indeed inconceivable that a bank should allow an employee to continue to remain on duty when he is facing serious charges of corruption and misappropriation of money. Allowing such an employee to remain in the seat would result in giving him further opportunity to indulge in the acts for which he was being prosecuted. Under the circumstances, it was the bounden duty of the appellant to have taken recourse to the provisions of clause 19.3 of the First Bipartite Settlement, 1966. The mere fact that nearly 10 years have elapsed since the charge-sheet was filed, can also be no ground for allowing the respondent to come back to duty on a sensitive post in the Bank, unless he is exonerated of the charge.
(Emphasis added)ii) InA.K.K. Nambiar v. Union of Indiareported in (1969) 3 SCC 864, the Apex Court had held that unless malafides are attributed to the Government and established, the Court cannot interdict an order of suspension. The following passages found in paragraphs 7 and 10 may be usefully reproduced below:-7..... The appellant contended that the appellant was not suspended under sub-rule (3) of Rule 7. That is a contention. The facts are that there was an investigation and the trial is awaiting relating to a criminal charge against the appellant. The order of suspension has to be read in the context of the entire case and combination or circumstances. This order indicates that the Government applied its mind to the allegations, the enquiries and the circumstances of the case. The appellant has failed to establish that the Government acted mala fide. There is no allegation against any particular officer of the Government of India about acting mala fide.....10..... We are not concerned with the correctness and the propriety of the report. We have only to examine whether the order of suspension was warranted by the rule and also whether it was in honest exercise of powers.....iii) In D.G. and I.G. of Police v. K. Ratnagiri reported in (1990) 3 SCC 60, the Apex Court had held that a wrong terminology in the order did not take away the power if it is available otherwise. In paragraph 7, the Supreme Court held as follows:-7.....The Rule 13(1) empowers the authority to keep the respondent under suspension pending investigation or enquiry into the criminal charges where such suspension is necessary in the public interest. When the first information report is issued, the investigation commences and indeed it has commenced when the respondent was kept under suspension. The order of suspension cannot, therefore, be said to be beyond the scope of Rule 13(1) merely because it has used the word prosecution instead of investigation into the charges against the respondent. A wrong wording in the order does not take away the power if it is otherwise available. The Tribunal seems to have ignored this well accepted principle.
(Emphasis added)iv) Taking similar view inUnion of India v. Rajiv Kumarreported in (2003) 6 SCC 516, the Supreme Court held that if suspension is for a long period that by itself cannot make the suspension invalid. In paragraphs 15 and 29, it was observed as follows:-15...... it is clear that the order of suspension does not lose its efficacy and is not automatically terminated the moment the detention comes to an end and the person is set at large. It could be modified and revoked by another order as envisaged under Rule 10(5)(c) and until that order is made, the same continues by the operation of Rule 10(5)(a) and the employee has no right to be reinstated in service. This position was also highlighted inBalvantrai Ratilal Patel v. State of Maharashtra. Indication of the expression pending further order in the order of suspension was the basis for the aforesaid view.29.Another plea raised relates to a suspension for a very long period. It is submitted that the same renders the suspension invalid. The plea is clearly untenable. The period of suspension should not be unnecessarily prolonged but if plausible reasons exist and the authorities feel that the suspension needs to be continued, merely because it is for a long period that does not invalidate the suspension.
(Emphasis added)21. In view of the legal pronouncements of the Apex Court, I am not inclined to interfere with the order of suspension. The writ petition fails and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.29.08.2013
Index : Yes/No
Internet: Yes/No
svki
To1.The Commissioner of Police,
Coimbatore City,
Coimbatore.2.The Deputy Commissioner of Police (Traffic)
Coimbatore City,
Coimbatore.D.HARIPARANTHAMAN, J.svki
Order inW.P.No.20391 of 201329.08.2013 |
1d8cc74e-aba8-5553-be6a-c444efbfae1e | court_cases | Delhi District CourtBhagwati W/O Late Sh. Mangal Singh (Wife ... vs Mohd. Vakeel & Ors on 21 December, 2017Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.
In the Court of Sh. G. N. Pandey
Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.
DAR No. 482/17
IN THE MATTER OF :
1. Bhagwati W/o Late Sh. Mangal Singh (Wife of deceased)
2. Lado Devi W/o Sh. Lakhan Singh ( Mother of deceased)
3. Lakhan Singh S/o Sh. Sumer Singh ( Father of deceased)
4. Dharam Vir S/o Mangal Singh (Son of deceased)
5. Bhavna D/o Late Sh. Mangal Singh (Daughter of deceased)
6. Rupa S/o Late Sh. Mangal Singh (Daughter of deceased)
All resident of: H. No. C44/269, Street No. 12,
Gamri Extn., Delhi110053.
................ Petitioners
V E R S U S
1. Mohd. Vakeel s/o Sh. Akhtar Driver/ Owner
H. No. 22, Purui Mustafabad, Part9,
Loni, Ghaziabad, UP
2. National Insurance Co. Ltd.
Hero Moto Crop Vertical,
DOX803A, 8th Floor, TowerC,
Konnectus Building, Opposite New Delhi,
Railway Station, New Delhi.
................. RespondentsDAR No. 482/17 1 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.Date of Institution of DAR : 22.11.2017
Date of Judgment/Order : 21.12.2017
A W A R D:1. By this order, I shall dispose off the DAR petition filed by the IO for
grant of compensation to the injured in view of the provisions ofMotor
Vehicle Act, 1988. The DAR petition is treated as claim petition in view ofsection 158 (6)of the MV Act, 1988.2. Briefly the facts of the case are that on 29.07.2017 at about 8 PM, the
deceased was returning to his home after finishing his duty. When he reached
near 4 ½ Pushta, Usmanpur, Shashtri Park to Khajoori Road, Delhi, at the
same time, a vehicle No. DL 5 SBA 0667 which was driven by his driver with
rash and negligent manner and on a very high speed and coming from Shashtri
Park side and hit the deceased with great force. As a result of which, the
deceased fell down on the road and received crush injuries on his head and
various other injuries on all over his body. The deceased was shifted to JPC
Hospital, Delhi but due to serious condition of the deceased referred him
higher centre and deceased admitted in GTB Hospital, Delhi but deceased was
declared brought dead by doctors during treatment and postmortem was
conducted by the doctors.3. The respondent No. 1 filed WS denying the averments made in the
petition contending that this petition is not maintainable and there is no cause
of action for filing of the same. As contended, claimant has no right to get any
compensation from the answering driver/ owner as the accident was not
caused by the alleged vehicle of the driver/ owner. The mechanical inspection
DAR No. 482/17 2 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.report of the vehicle of the victim and the alleged offending vehicle is almost
different. Police of the PS New Usmanpur has been falsely implicated the
driver/ owner. It is submitted that no accident has been caused by the
answering driver at any point of time and the said FIR has been lodged by the
police against the answering driver falsely.Respondent No. 2 filed the WS of the petition contending that this
petition is not maintainable. As further contended, answering respondent has
issued the policy of insurance for the alleged offending vehicle bearing policy
No. 39010231176200235164 valid for the period from 14.04.2017 to
13.04.2018 in favour of Md. Vakeel.4. On the basis of the records, following issues were framed:1. Whether deceased Mangal Singh died on account of
injuries sustained in accident took place on 20.07.2017 at
about 8:00 PM at 4 ½ Pushta, New Usmanpur, towards the
road going Shashtri Park to Khajoori, Delhi within the
jurisdiction of PS New Usmanpur, Delhi due to rash and
negligent driving of vehicle No. DL 5 SBA 0667 by respondent
No. 1 ?OPP2. Whether petitioner is entitled to compensation ? If so to
what amount and from whom? OPP3. Relief.5. Petitioner No. 1/ wife of deceased filed her affidavit by way of
evidence Ex. PW 1/1 and examined herself as PW1. The witness deposed
nothing but deposed regarding the contention in the petition. She also deposed
regarding the relevant documents i.e. copy of ration card in the name of
DAR No. 482/17 3 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.Bhagwati, copy of adhar card of Bhavna, Dharamvir, Roopa, Lado Devi,
Lakhan Singh and school ID Cards and Birth certificates of Dharamvir, Roopa
and Bhavna Ex. PW 1/A, copy of adhar card and death certificate of Mangal
Singh Ex PW 1/ B and DAR filed by IO Ex. PW 1/ C. The PE was thereafter
closed.6. Respondent No. 1 examined himself as R1W1 by way of affidavit of
evidence Ex. R1W1/A who deposed nothing but as deposed in the WS.Respondent No. 2 examined the witness i.e. Sh. Vineet Kumar, Asstt.
National Insurance Company as R2W1 by way of affidavit Ex. R2W1/A.
Witness has relied upon the documents i.e. office copy of the notice U/o 12
rule 8CPCEx. R2W1/1, Original postal receipt Ex. R2W1/2, copy of
insurance policy Ex. R2W1/3, copy of DL verification report filed by IO Ex.
R2W1/4. DAR filed by IO already Ex. PW 1/ C. Witness has further stated
that driver was having the learner's license and was plying without instructor
in violation of the rule 3 of the Central Motor Vehicle Rules 1989 and in view
of the breach of the terms and conditions of the policy, insurance company is
not liable to indemnify the respondent No. 1. RE was thereafter closed.7. I have heard Ld. Counsel for petitioner, ld. Counsel for respondent No.
1 and ld. Counsel for respondent No. 2 and considered the relevant materials
on record. My issue wise findings are as below :
ISSUE No. 1:1. Whether deceased Mangal Singh died on account of
injuries sustained in accident took place on 20.07.2017 at
about 8:00 PM at 4 ½ Pushta, New Usmanpur, towards the
road going Shashtri Park to Khajoori, Delhi within the
DAR No. 482/17 4 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.jurisdiction of PS New Usmanpur, Delhi due to rash and
negligent driving of vehicle No. DL 5 SBA 0667 by respondent
No. 1 ?OPP8. In view ofSection 166of the MV Act, it is for the claimant to prove
that vehicle which caused the accident was being driven rashly and negligently
by its driver. PW 1 i.e. wife of deceased deposed about the facts of the case.
She was crossexamined by ld. Counsel for respondents and during cross
examination, she admitted that she is not an eyewitness of the accident and
came to know regarding the accident through neighbour. No other witness was
examined or produced by petitioner as an eyewitness to prove the accident due
to rash and negligent driving of respondent No. 1 and respondent No. 1 also in
the WS has denied regarding any accident. In view of the DAR Ex. PW 1/ C,
the accident is proved. The respondent No. 1 also during his evidence admitted
that he was driving motorcycle; he has been impleaded in this case and was
released on bail; no complaint has been made by the respondent No. 1 against
his false implication at all. I have gone through the record and documents in
respect of the accident caused to the deceased which is prima facie suggestive
of negligence of respondent No. 1 in driving the vehicle at the time of
accident.Relied judgment in (Bimla Devi and Ors. v. Himachal Road Transport
Corporation and Ors., (2009) 13 SC 530 and the judgment in Parmeshwari v.
Amir Chand (2011) 11 SCC 635 and Kusum Lata v. Satbir, (2011) 3 SCC646).Hon'ble Supreme Court in Bimla Devi and Ors. V/s Himachal Road
Transport Corporation and Ors, (2009) 13 SC 530 held as under:DAR No. 482/17 5 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi."15. In a situation of this nature, the Tribunal has rightly taken a
holistic view of the matter. It was necessary to be borne in mind
that strict proof of any accident caused by a particular bus in a
particular manner may not be possible to be done by the
claimant. The claimants were merely to establish their case on
the touchstone of preponderance of probability. The standard of
proof beyond reasonable doubt could not have been applied."9.In judgment of Hon'ble Delhi High Court inUnited India Insurance
Company Ltd. Vs. Deepak Goel & Ors., 2014 (2), T.A.C. 846 (Del.), it was
held that in a case, where FIR is lodged, chargesheet is filed, then the
documents mentioned above are sufficient to establish the fact that the driver
of the vehicle in question was negligent in causing the accident particularly
when there was no defence available from his side.In case ofCholamandalam
M.S. General Insurance Co. Ltd. v. Kamlesh, 2009 (3) AD (Delhi) 310, an
adverse inference was drawn because the driver of the offending vehicle had
not appeared in the witness box to corroborate his defence taken in the written
statement. It was noted that there was nothing on record to show that the
Claimant had any enmity with the driver of the offending vehicle so as to
falsely implicate him in the case.10. I have gone through the judgment of Hon'ble High Court of Delhi in
2009ACJ 287, National Insurance Company Limited Vs. Pushpa Ranato
examine the aspect of negligence wherein in the Hon'ble High Court held
that:
In case the petitioner files the certified copy of the criminal
record or the criminal record showing the completion of the
DAR No. 482/17 6 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.investigation by the police or the issuance of charge sheet undersection 279/304 AIPC or the certified copy of the FIR or in
addition the recovery memo and the mechanical inspection
report of the offending vehicle, these documents are sufficient
proof to reach to the conclusion that the driver was negligent. It
was further held that the proceedings under theMotor Vehicles
Actare not akin to the proceedings in a civil suit and hence strict
rules of evidence are not required to be followed in this regard.Further, in Kaushnumma Begum and others V/s New India
Assurance Company Limited, 2001 ACJ 421 SC, the issue of
wrongful act or omission on the part of driver of the motor vehicle
involved in the accident has been left to a secondary importance
and it was held that, mere use or involvement of motor vehicle in
causing bodily injuries or death to a human being or damage to
property would made the petition maintainable undersection 166and140of the Act. It is also settled law that the term rashness and
negligence has to be construed lightly while making a decision on a
petition for claim for the same as compared to the word rashness
and negligence as finds mention in theIndian Penal Code. This is
because the chapter in theMotor Vehicle Actdealing with
compensation is a benevolent legislation and not a penal one.
Further the Hon'ble High Court of Delhi in MAC App. No.200/2012 in
case titled as United India Insurance Co. Ltd. V/s. Smt. Rinki @ Rinku & Ors
decided on 23/07/2012 by Hon'ble Delhi High Court, held as under:"The Claims Tribunal was conscious of the fact that negligence is
DAR No. 482/17 7 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.a sine qua non to a Petition underSection 166of the Motor
Vehicles Act, 1988(the Act). It is also true that the proceedings for
grant of compensation under the Act are neither governed by the
criminal procedures nor are a civil suit.11. From the records and in view of the testimony of witnesses, the rash
and negligent driving of the respondent No. 1 is not proved. Therefore, in view
of the criminal case record, it is proved that the deceased sustained fatal
injuries in the accident which occurred on 29.07.2017 due to the accident
caused by offending vehicle bearing No. DL 5 SBA 0667 driven by its driver
i.e. respondent No. 1. The issue No. 1 is decided accordingly.
Issue No. ii :(ii) Whether petitioner is entitled to compensation ? If so
to what amount and from whom? OPP12. The Hon'ble Supreme Court in Nagappa V/s Gurdayal Singh reported
as 2003(2) SCC 274 ruled that the main guiding principle for determining the
compensation is that it must be just and further that it must be reasonable. As
observed in UP State Road Transport corporation V/s Trilok Chandra (1996)
4 SCC 362, the compensation awarded in such cases has primarily two
elements; the pecuniary loss to the estate of the deceased resulting from the
accident and the pecuniary loss sustained by members of his family on account
of his death in addition to the conventional award under non pecuniary heads
of damages( e.g. loss of consortium, loss of love and affection, funeral
expenses etc).13. The damages are to be based on the reasonable expectation on
pecuniary benefit or benefits reduceable to money value. In General Manager
DAR No. 482/17 8 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.Kerala State Road Transport Corporation V/s Susamma Thomas reported as
(1994) 2 SCC 176, the court ruled that in fatal accident action, the measure of
damages is the pecuniary loss suffered or likely to be suffered by each
dependent as a result of death and that :
"9.The assessment of damages to compensate the
dependants is beset with difficulties because from the nature
of things, it has to take into account many imponderables,
e.g., the life expectancy of the deceased and the dependants,
the amount that the deceased would have earned during the
remainder of his life, the amount that he would have
contributed to the dependants during that period, the chances
that the deceased may not have lived or the dependants may
not live up to the estimated remaining period of their life
expectancy, the chances that that deceased might have got
better employment or income or might have lost his
employment or income altogether".14. Hon'ble Supreme Court in Sarla Verma V/s DTC reported as (2009) 6
SCC 121 held as under:16. ... "Just compensation" is adequate compensation
which is fair and equitable, on the facts and circumstances of
the case, to make good the loss suffered as a result of wrong, as
far as money can do so, by applying the well settled principles
relating to award of compensation. It is not intended to be a
bonanza, largesse or source of profits.17. Assessment of compensation though involving
DAR No. 482/17 9 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.certain hypothetical considerations, should nevertheless be
objective. Justice and justness emanate from equality in
treatment, consistency and thoroughness in adjudication, and
fairness and uniformity in the decision making process and the
decisions. While, it may not be possible to have mathematical
precision or identical awards, in assessing compensation same
or similar facts should lead to award in the same range. When
the factors/ inputs are the same, and the formula/ legal
principles are the same, consistency and uniformity and not
divergence and freakiness, should be the result of adjudication
to arrive at just compensation.15. No amount of compensation can restore, eliminate or ameliorate the
loss suffered on account of death ( or injury with lasting effect) the endeavor
by such award is to repair the damage done so as to restore the victim( which
includes the dependent) to the extent possible to the preaccidental position.
The pecuniary damages are meant to take care of the prospective pecuniary
loss of future income and the non pecuniary damages to compensate, to an
extent, for pain and suffering , loss of love, companionship, expectation of life
etc.
The Hon'ble Supreme Court in R. K Malik V/s Kiran Pal reported as
2009 (14) SCC 1 observed as under:22. It is extremely difficult to quantify the non pecuniary
compensation as it is to a great extent based upon the
sentiments and emotions. But, the same could not be a ground
for non payment of any amount whatsoever by stating that it is
DAR No. 482/17 10 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.difficult to quantify and pinpoint the exact amount payable with
mathematical accuracy.23. Human life cannot be measured only in terms of loss of
earning or monetary losses alone. There are emotional
attachments involved and loss of a child can have a
devastating effect on the family which can be easily visualised
and understood. Perhaps , the only mechanism known to law in
this kind of situation is to compensate a person who has
suffered non pecuniary loss or damages as a consequence of
the wrong done to him by way of damages / monetary
compensation. Undoubtedly, when a victim of a wrong suffers
injuries he is entitled to compensation including compensation
for the prospective life, pain and suffering, happiness, etc.,
which is sometimes described as compensation paid for "loss of
expectation of life".16. The challenge in determining the ' just and reasonable' compensation in
such cases is mainly due to the fact that there is virtually no evidence in actual
loss of earning of the deceased child. Hon'ble Supreme Court in R. K.
Malik(supra) noted:25. That being the position, the crucial problem arises with
regard to the quantification of such compensation. The injury
inflicted by deprivation of the life of a child is extremely
difficult to quantify. In view of the uncertainties and
contingencies of human life, what would be an appropriate
figure, an adequate solatium is difficult to specify. The courts
DAR No. 482/17 11 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.have therefore used the expression "standard compensation"and conventional amount/ sum" to get over the difficulty that
arises in quantifying a figure as the same ensures consistency
and uniformity in awarding compensation."17. I have gone through the testimony of the witnesses alongwith complete
records. It is argued by Ld counsel for respondents that petitioners have not
suffered any monetary loss on account of the fatal accident and therefore, they
are not entitled for compensation.There is no dispute at all that deceased Mangal Singh received fatal
injuries due to the accident.Section 163A of the Actenvisages grant of
compensation to the legal heirs or the victims as indicated in theSecond
Schedule of the Act.Section 163A of the Actis extracted hereunder:
"Section 163A, Special provisions as to payment of
compensation on structured formula basis
(1) Notwithstanding anything contained in this Act or in
any other law for the time being in force or instrument having
the force of law, the owner of the motor vehicle or the
authorized insurer shall be liable to pay in the case of death or
permanent disablement due to accident arising out of the use
of motor vehicle, compensation, as indicated in the Second
Schedule, to the legal heirs or the victim, as in the case may
be."In MAC. App. 304/2009 titled New India Assurance Co. Ltd. V/s
Pitamber & Ors. decided on 23.01.2012, this court noticed the judgment of
DAR No. 482/17 12 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.this court in Oriental Insurance Company Limited V/s Smt. Pataso & Ors.,
MAC App. 962/2005 decided on 01.09.2008; Oriental Insurance Company
Limited V/s Om Prakash & Ors., 1 ( 2009) ACC 148; Jagdish & Anr. V
Madhav Raj Mishra & Anr. MAC App. 190/11 decided on 19.04.2011;
Oriental Insurance Company Limited V/s Anita Devi & Ors. 2011(5) AD
( Delhi) 138, decided on 10.05.2011; and the Supreme Court judgment in
Deepal Girishbhai Soni V/s United India Insurance Company Limited, ( 2004)
5 SCC 385; and opined that the compensation in a claim petition underSection
163A of the Actwould be payable strictly as per the structured formula.The judgment of the Karnataka High Court in A. Manavalagan ( Supra)
and of this Court in Keith Rowe ( Supra) would not govern the grant of
compensation undersection 163A of the Act.18. PW1 i.e. wife of the deceased deposed that deceased was self
employed as a painter and earned Rs. 18,000/ per month. No documents has
also been filed by wife of deceased regarding income of deceased. Moreover
the compensation is awarded to the petitioners in this matter U/s 163A of MV
Act, 1989therefore notional income of the deceased is taken as per second
schedule of Rs. 40,000/ per annum. As per Ex. PW 1/B i.e. adhar card of
deceased, the year of birth of deceased is 1973. The accident took place on
29.07.2017. The age of the deceased was taken as about 45 years on the date
of accident i.e. 29.07.2017.In the judgmentMunna Lal Jain and Others Vs.
Vipin Kumar Sharma and Othersreported as MANU/SC/0640/2015 decided by
Hon'ble Supreme Court on 15/05/2015 and National Insurance Company
Limited V/s Pranay Sethi & Ors. in SLP ( Civil) No. 25590/2014 decided on
31.10.2017, it has been held that multiplier is to be used with reference to the
DAR No. 482/17 13 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.age of the deceased. There is nothing on record to show that deceased was self
employed or working in fixed salary; nothing is proved in respect of income of
the deceased. In view of judgment of Hon'ble Supreme Court in Laxmidhar
Nayak & Ors. V/s Juggal Kishore Behera & Ors reported as
MANU/SC/1506/2017, petitioners are not entitled for compensation towards
future prospects.19. In the present case, there are 6 petitioners. Petitioner No. 1 is wife of
deceased, petitioner No. 2 and 3 are mother and father of the deceased;
petitioner No. 4 to 6 are children of the deceased. Petitioner No. 3 i.e. father of
the deceased is not dependent upon the deceased in view of the records so,
1/4th is to be deducted towards personal expenses. Therefore, the total loss of
dependency would be calculated as follows :
Rs. 40,000/( Annual) X 14 (Multiplier) = Rs. 5,60,000/.
Rs. 5,60,000/ - Rs. 1,40,000/ (1/4th personal expenses) = Rs. 4,20,000/
The total amount towards loss of dependency is accordingly Rs.
4,20,000/.20. As per the second schedule, the petitioner would be further entitled to a
sum of Rs. 2,000/ towards funeral expenses and Rs. 2,500/ towards loss of
estate.Therefore, petitioners are also entitled for compensation under the
following heads:
Loss of dependency Rs. 4,20,000/
Loss of Estate Rs. 2,500/
Funeral Expenses Rs. 2,000/
Total Rs. 4,24,500/
DAR No. 482/17 14 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.I accordingly award an amount of compensation of Rs. 4,24,500/ in
favour of the Claimant and against respondents.
Liability:21. Respondent No. 2 is the insurance company which admittedly has
issued a valid insurance policy of the offending vehicle. The respondent No. 1
examined himself as R1W1 by way of affidavit Ex. R1W1/A and admitted
having only learner's driving license and the driving of the motorcycle without
any instructor. The R2W1/ witness from insurance company deposed as well
regarding the violation of Rule 3 of Central Motor Vehicle Rules, 1989 and the
breach of the terms and conditions of the insurance policy by the respondent
No. 1 denying liability.22. A learners driving license is defined insection 3( 9) of theMV Actto
mean the license issued by a competent authority under chapter II authorizing
the persons specified therein to drive as a 'learner' a motor vehicle of any
specified class. The central Govt. has framed rules for grant of driving license
including the "learners driving license". Under Rule 10 of Central motor
Vehicle rules, 1989, an application for grant of learners license is required to
be made in form II in a manner prescribed in the rules. After a preliminary test
is held by the authority, the license under rule 13 is issued in form No. 3. In
terms of form No. 3, a warning has been issued to the holder of the learners
driving license drawing their attention to rule 3 of Central Motor Vehicle,
1989 which prohibit such a driver from driving any motor vehicle unless he
had beside him a person duly licensed to drive vehicle and in a every case, the
vehicle must carry ' L' plat both in the front and in the rear of the vehicle. It is
thus clear that a person holding a learners driving license cannot drive a
DAR No. 482/17 15 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.vehicle without besides him a person duly licensed to drive that type of
vehicle.In the present case, admittedly wife of respondent No. 1 was sitting on
motorcycle being driven by respondent No. 1 ; wife of respondent No. 1 does
not know driving nor she has any DL. In the present case, no one was in
position at all to control the vehicle while giving training to the respondent No.
1 if any. In view of these facts, there is clear breach of conditions of the
'learners license' issued by Govt. under the rules and therefore the respondent
No. 1 cannot take the protection as he was having the said license to avoid the
liability to pay under the award.Ld counsel for insurance company vehemently argued that in this case,
the respondent No. 1/ driver was having only the learner's license and was
plying without instructor in violation of the Rule 3 of Central Motor Vehicle
Rules, 1989 and therefore the respondent No. 2 is not liable to indemnify the
respondent No. 1. Ld. Counsel for insurance company further prayed to
exonerate the insurance company from the liability relying upon the order of
Hon'ble Supreme Court dt. 22.11.2017 in re M. S. Middle High School V/s
HDFC Ergo General Insurance Company Limited & Ors. Special Leave to
appeal(C) No. 31406/2017. The ratio of judgment is squarely applicable in the
facts of this case in view of the breach of the terms and condition of the
insurance policy by the respondent No. 1. It is proved that respondent No. 1
has breached the terms and condition of insurance policy and also violated the
provisions of M. V. Act. Relying upon the aforesaid order of Hon'ble Supreme
Court relied by the ld. Counsel for insurance company, the respondent No. 2 is
not liable to indemnify the respondent No. 1 and respondent No. 1 is liable to
DAR No. 482/17 16 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.pay the compensation amount to the petitioners. Interim award if any paid to
injured/ petitioner be adjusted in the award amount.
Award :23. Resultantly, the DAR petition stands allowed. Respondent No. 1 is
hereby directed to pay the compensation of Rs. 4,24,500/ within one month to
the Claimant. Claimant is also entitled to the interest @ 09 % p.a. on the total
compensation amount from the date of filing of petition till realization. (The
New India Assurance Co. Ltd. Vs. Gopali & Ors., 2012ACJ 2131 SC, Jiju
Kuruvila & Ors. Vs. Kunjujamma Mohan & Ors., 2013 ACJ 2141 SC,
Puttamma Vs. K.L. Naraynan Reddy & Ors., 2014 ACJ 526 SC).24. Respondent No. 1 is directed to deposit the amount with UCO Bank,
KKD Courts Branch, Delhi and the same be transferred to the Claimant's
bank.25. Out of the total award amount of Rs. 4,24,500/, UCO Bank, KKD
Courts is directed to keep the amount of Rs. 3,00,000/ in 60 FDRs of Rs.
5,000/ each for the maturity period of 1 to 60 months with cumulative interest
in the name of petitioner No. 1.26. UCO Bank, KKD Courts is directed to release the amount of Rs.
50,000/ in favour of petitioner No. 2 i.e. mother of deceased.27. UCO Bank, KKD Courts is directed to release the remaining amount
alongwith interest in favour of petitioner No. 1 in her saving bank account at
Union Bank of India bearing account No. 639502010013266 branch
Garhi Maindu, Delhi.28. The Manager, Union Bank of India, branch Garhi Maindu, Delhi is
directed not to issue any cheque book or Debit Card to the account holder.DAR No. 482/17 17 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors.Sh. G. N. Pandey, Motor Accident Claims Tribunal( Pilot Court)
Karkardooma Courts, Delhi.29. Withdrawal from the said Account shall be permitted to the petitioner
after due verification.30. All the original FDRs shall be retained by the UCO bank, KKD Courts.
However, the statement containing the FDRs number, amount, date of
maturity and maturity amount shall be furnished by the UCO Bank to the
petitioner/ beneficiary. On expiry of period of each FDR, the Bank shall
automatically credit the maturity amount in Savings Account of beneficiary.
The beneficiary shall intimate regarding his bank and account number for
automatic credit of the maturity amount.31. No loan, advance or premature discharge of the FDRs shall be
permitted without permission of this court.32. The maturity amount of the FDRs alongwith interest thereon be
transferred to the saving bank accounts of the beneficiary at Union Bank of
India, branch Garhi Maindu, Delhi.33. The liberty is given to the petitioner/ injured to approach this court for
release of further amount in event of any financial exigency.34. The award amount alongwith interest be deposited by respondent No. 1,
within 30 days in the court.35. FormIV shall be read as a part of the judgment.Announced in open Court
on this 21st day of December, 2017
G. N. Pandey
Motor Accident Claims Tribunal( Pilot Court)
District North East
Karkardooma Courts, Delhi.DAR No. 482/17 18 of 18
Bhagwati & Ors. V/s Mohd. Vakeel & Ors. |
c992191e-7ff4-56f4-b0ce-f1eae52813d8 | court_cases | Uttarakhand High CourtWPSS/3290/2018 on 27 September, 2018Author:V.K. BistBench:V.K. BistWPSS No.3290 of 2018
Hon'ble V.K. Bist, J.Mr. Niranjan Bhatt, Advocate for
the petitioners.Mr. N.S. Pundir and Mr. M.C.
Tewari, Deputy Advocate General for the
State of Uttarakhand.Heard learned counsel for the
parties.Admit the petition.It is brought to the notice of the
Court that about 1000 persons have
been disengaged, inasmuch as, various
orders have been passed for giving equal
pay for equal work.As prayed, six weeks' time is
granted to the learned Deputy Advocate
General for filing counter affidavit.List this matter, as a first case after
fresh cases, on 13.11.2018 alongwith
WPSS No. 2913 of 2018.In the meantime, it is provided that
in case work is available in the
respondent Department, the petitioners
shall be permitted to work on the same
terms & conditions on which they were
permitted to work in previous years.It is also directed that in case
petitioners are disengaged, the
respondents will not engage any other
person from outsourcing.It is further directed that the
respondents shall pay the salary to the
petitioners for the period they have
worked within a period of three weeks
from the date of production of a certified
copy of this order.It is also directed that, in none of
the Department of the State of
Uttarakhand, no work shall be given
from outsourcing, disengaging the
workers, who are already working in the
Department, in pursuance of the
Government Order dated 27.04.2018.Counter affidavit in the matter
shall positively be filed by the Principal
Chief Conservator of Forest,
Uttarakhand within the stipulated
period. In the counter affidavit, to be
filed, he will explain as to why work is
not available when about 1000 persons
have been disengaged. If the respondent
reaches to the conclusion that the work
is not available for the petitioners and
similarly situated workers, in that
event, the respondent shall explain, in
his counter affidavit, why work is not
available and how the work in the
Forest Department is being done, which
was earlier done by the petitioners and
other similarly situated workers. The
respondent will also state in the counter
affidavit that why temporary
appointment was given after 10.04.2006
i.e. after the judgment rendered by the
Hon'ble Apex Court in the matter of
"Secretary, State of Karnataka & others
Vs. Umadevi & others".(V.K. Bist, J.)
Arpan 27.09.2018 |
c351a36f-6feb-5cc5-b593-59851c7c2de8 | court_cases | Madhya Pradesh High CourtSharwan Kumar Dwivedi vs The State Of Madhya Pradesh on 9 September, 2010M.Cr.C. No.6444/2010
09.09.2010
Shri Vivek Shukla, Advocate for the applicants.
Shri R.N.Yadav, Panel Lawyer for the
respondent/State.Heard on IA No.15083/2010, an application for
urgent hearing.Since the case diary is available, the application
is allowed.Also heard both the parties.The applicants are apprehending their arrest in
connection with Crime No.114/2010 registered at
Police Station Lour District Rewa for the offence
punishable under Sections 498-A, 494 read withSection 34of IPC.Learned counsel for the applicants submits that
the applicants are reputed citizen of the locality, who
have no criminal past alleged against them. The
complainant was wife of applicant No.2, but she was
living with her parents prior to the date of alleged
second marriage. The applicant No.2 has not
performed any second marriage with any one. The
complainant of the case has lodged a false complaint
against the applicants and all family members only
to pressurize the applicants. The offence is triable by
the Court of Judicial Magistrate First Class and at
present there is no any risk for further harassment
to the complainant. Under these circumstances, they
pray for anticipatory bail.Learned Panel Lawyer for the State submits
that the application of two other co-accused namely
Devwati and Priyambada is dismissed by this Court
on 11/8/2010 in M.Cr.No.5769/2010.Keeping in view the submissions made by
learned counsel for the parties and the facts and
circumstances of the case, I am of the view that this
is a fit case for grant anticipatory bail to the
applicants. Consequently, this application underSection 438, Cr.P.C. is hereby allowed. It is directed
that in the event of arrest, applicants Shrawan
Kumar Dwivedi, Yogendra Kumar Dwivedi and
Shailendra Kumar Dwivedi shall be released on
bail on furnishing a personal bond in the sum of
Rs.20,000/- (Rupees twenty thousand) each with a
solvent surety in the like amount to the satisfaction
of the Arresting Authority.The applicants shall further abide by the
conditions enumerated in sub-Section (2) of Section
438 of Cr.P.C.This order shall remain in force for a period of
30 days and in the meanwhile, if the applicants so
desire, may move an application for regular bail
before the competent Court.C.C. as per rules.(N.K.Gupta)
Judge
Ansari |
8016d9a8-8a46-5c7e-a66d-9c206e3108d9 | court_cases | Karnataka High CourtJaipal S/O Dilip Borale vs The State Of Karnataka on 27 July, 2016Author:R.B BudihalBench:R.B Budihal1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JULY, 2016
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.200684/2016
Between
Jaipal S/o Dilip Borale
Age: 20 years, Occ: Student
R/o Bhim Nagar, Bhalki
Dist. Bidar
...Petitioner
(By Sri Sanjay A Patil, Advocate)
AND:
The State of Karnataka
Through the Police
Bhalki Town Police Station
Tq. Bhalki, Dist. Bidar
Represented by Addl. State Public Prosecutor
High Court of Karnataka
Kalaburagi Bench
...Respondent
(By Sri P.S. Patil, HCGP )
This Criminal Petition is filed underSection 438of
the Code of Criminal Procedure, 1973 praying to direct
the respondent police/Bhalki Town Police, Dist. Bidar,
to release the petitioner on bail in Crime No.95/2015 for
the offence punishable U/s 143, 147, 148, 323, 324,
2
341, 308, 504, 506 R/w 149 as per charge sheet, in the
event of his arrest.
This petition coming on for Orders this day, the
Court made the following:
ORDERHeard the learned counsel appearing for the
petitioner and the learned High Court Government
Pleader.2. This petition filed by the petitioner undersection 438of Cr.P.C. seeking anticipatory bail to direct
the respondent police to release the petitioner on bail in
the event of his arrest for the alleged offences
punishable undersections 143,147,148,323,324,326,341,308, 504, 506 R/wsection 149of IPC
registered in Crime No. 95/2015.3. The brief facts of the prosecution that on
10.3.2015 at about 8.00 p.m. complainant by name
Sandeep S/o Ramesh Ade had been to the National gym
at Bhalki town. At that time accused persons totally six
in number joined together and went and attacked this
person. Accused No.1 Jaipal Borale abused the3complainant in filthy language, attempted to assault on
the head with iron rod. Due, to which the victim rescued
himself, the said blow fell on the right hand. The other
accused persons Kiran Kamble and Ratan came and
abused him in filthy language and caught hold. Another
accused Vilas assaulted him with hands and caused
simple injuries. Another accused Pavansheel has also
threatened with dire consequences with killing him.4. I have perused the wound certificate dated
3.4.2015 issued by the doctor who treated the injured at
Government hospital, Bhalki on 10.3.2015. Other
accused persons were also subsequently granted with
anticipatory bail. It is submitted by both the sides, now
the investigation is completed and charge-sheet has
been filed. Therefore, the petitioner is not required for
interrogation as charge-sheet has already filed. When
other accused persons were also released on bail on the
ground of parity, the present petitioner is entitled to
anticipatory bail. Reasonable conditions can be imposed
which will safeguard the interest of the prosecution.4Accordingly the petition is allowed. The respondent
police are hereby directed to release the petitioner on
bail in the event of arrest of the petitioner for the above
said offences subject to the following conditions;(1) Petitioner has to execute personal bond for
Rs.50,000/- with one surety for the like sum to
the satisfaction of the arresting authorities.
(2) He shall not tamper any of the prosecution
witnesses directly or indirectly.(3) He shall not leave the jurisdiction of the Court
concerned without its prior permission.
(4) He has to appear before the concerned Court
and to execute personal bond and surety bond
as stated above, within 30 days from the date
of this order.Sd/-JUDGE
*MK |
48057ce1-5230-556d-9826-21c2a6dea1e1 | court_cases | Custom, Excise & Service Tax TribunalYes vs Represented By : Shri Suriyanarayanan, ... on 8 July, 2009CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL,
West Zonal Bench, Ahmedabad
Appeal No. : E/436 & 474 of 2009
(Appln. Nos. E/S/435 & 474 of 2009)
Arising out of : OIA No. 163/2008(Ahd-II)CE/ID/Commr (A)/
Ahd and 163/2008(Ahd-II)CE/ID/Commr (A)/ Ahd both dated 17.12.2008
Passed by : Commr. (Appeals), C.Ex. Ahmedabad.
For approval and signature :
Honble Mrs. Archana Wadhwa, Member (Judicial)
1
Whether Press Reporter may be allowed to see the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982?
No
2
Whether it should be released under Rule 27 of CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?
No
3
Whether their Lordships wish to see the fair copy of the Order?
Seen
4
Whether Order is to be circulated to the Departmental authorities?
Yes
Appellant (s) : Shri Mohd. Zuned I. Kapadia
Shri Asalambhai Yunusbhai Tailor
Represented by : Shri Suriyanarayanan, Adv.
Respondent (s) : Commissioner, C. Excise AhmedabadRepresented by : Shri R.S. Srova, JDR & Shri S.K. Mall, SDR
CORAM :Honble Mrs. Archana Wadhwa, Member (Judicial)
Date of Hearing : 08.7.2009
Date of Decision: 08.7.2009
ORDER No. _____________ /WZB/AHD/2009 Dt : ____ 2009
Per : Mrs. Archana Wadhwa,
After hearing both the sides, I find that Commissioner (Appeals) has dismissed the appeal on the ground of limitation by observing that the impugned order passed by the Additional Commissioner was received by the appellants on 24.3.2008/26.3.2008. As such there was a delay of about 129 days, for which the Commissioner (Appeals) has not empowered to condone.2. I find that the law on the above issue is settled by various decisions. Reference is made to the Hon'ble Supreme Court judgment in the case of M/s.Singh Enterprises vs. CCE Jamshedpur[2008 (221) ELT.163 (SC)]. However, learned Advocate submits that Commissioner (Appeals), before dismissing the appeals on the point of limitation, has not granted any opportunity to them, to explain that the impugned order was not received on 24.3.2008/26.3.2008, as observed by him but were received subsequently in July 2008 and the appeals were filed within time. Learned SDR produced on record the acknowledgement due indicating that the impugned order was received by the appellants on 24.3.2008/26.3.2008. Ld. Advocate submits that the said acknowledgement has been shown to them for the first time before the proceedings before the Tribunal and as such, he is not in a position to offer any comments on the same.3. Inasmuch as the appellate authority has not given any chance to the appellants to explain the factual position, I set aside the impugned order and remand the matters to Commissioner (Appeals) for a fresh decision. Needless to say that the appellants be given a chance to defend on the point of limitation. Stay petitions as well as the appeals, get disposed off in above terms.(Dictated & Pronounced in the Court)
(Archana Wadhwa) Member (Judicial)
KL
??
??
??
??3 |
43534b37-90d1-54c5-ae5f-74217aed1dfe | court_cases | Patna High Court - OrdersThe State Of Bihar & Ors vs Ram Badan Singh & Ors on 18 April, 2014Author:Samarendra Pratap SinghBench:Samarendra Pratap SinghIN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.290 of 2014
In
Civil Writ Jurisdiction Case No. 18293 of 2012
With
Interlocutory Application No.1339 of 2014
And
Interlocutory Application No.1340 of 2014
In
Letters Patent Appeal No.290 of 2014
======================================================
The State of Bihar & Ors .... .... Appellants
Versus
Ram Badan Singh & Ors .... .... Respondents
======================================================
Appearance :
For the Appellants : Mr. Ram Shankar Prasad, Advocate
For the Respondents 1-10: Mr. Gopal Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI
and
HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE I. A. ANSARI)
4. 18-04-2014Interlocutory Application No.1340 of 2014:This Interlocutory Application has been filed by
the appellants, undersection 5of the Limitation Act, seeking
condonation of delay of 39 days in preferring the present letters
patent appeal against the order, dated 29.7.2013, passed by the
learned single Judge in C.W.J.C. No. 18293 of 2012.Heard learned counsel for the appellants and
learned counsel for the respondents.Having considered the reasons assigned in the
present limitation petition and having heard the learned counselPatna High Court LPA No.290 of 2014 (4) dt.18-04-20142/2for the parties, this Court is satisfied that the appellant was
prevented by sufficient causes from preferring the appeal within
time.In view of the above, the delay of 39 days, in
preferring the letters patent appeal, is hereby condoned. I.A. No.
1340 of 2014 shall stand disposed of.Let this appeal come up for Admission-I on 16th
June, 2014.(I. A. Ansari, J)
(Samarendra Pratap Singh, J)
Pawan/- |
4b2cda5e-9f87-564f-9ee8-3ae12d93794a | court_cases | Madhya Pradesh High CourtShakil Musalman vs The State Of Madhya Pradesh on 9 October, 2014M.Cr.C. No. 15065 of 2014
09.10.2014
Shri Pushpendra Dubey, learned counsel for the applicant.
Shri Amit Sharma, learned PL for respondent-State.Learned PL submits that he is under receipt of the case diary.
Heard.On behalf of the applicant, this petition is preferred underSection
439of Cr.P.C for grant of bail as he is in custody since 9.08.2014 in
connection of Crime No. 22225/17, registered at Forest Range Office,
Ashta for the offence under Sections 2 (4) (A), 26, 52 of Forest Act, 2, 3
of Prevention of damage to Public Property Act, 2, 5, 8, 11, 12, 15, 16
of Kashtha Chiran Act, 2, 8, 40 of M.P. Van Upaj Vyapar (Vyapar
Vinimay) Act 2 (A), 17 (A) 17 (H), 39, 51 (II) of Wield Life Act.Learned applicant's counsel after taking me through the petition
alongwith the impugned rejection order of the Sessions Court argued
that the respondent - department has filed Ishtagasha after holding
the enquiry on the basis of POR and alongwith such Ishtagasha no
positive evidence or any document has been produced to show that
from the place of reserved forests or from the alleged area of the State
the seized timber/wood was cut down and removed by the applicant.
In continuation, he said that mere perusal of the papers, it appears
that the applicant has been falsely implicated in the matter. In
continuation, he said that various alleged offences are made bailable
under the law except some of Sections of provisions ofDamage of
Public Property Actas well as Forests Act and Kashtha Chiran Act and
Van Upaj Vyapar (Vyapar Vinimay) Act. He further said that the case is
triable by the Judicial Magistrate and trial of the case shall take its
own time years together and prayed to extend the benefit of bail to
the applicant by allowing this petition.The aforesaid prayer is opposed by the learned PL saying that
the applicant has committed offence by which besides other offences
the environment has also been affected for which sufficient evidence is
available in the case diary and in such premises, the applicant does not
deserve for grant of bail.Having heard the counsel, keeping in view the arguments
advanced, after perusing the case diary including the papers of
Ishtagasha as shown by learned PL taking into consideration the
nature of the evidence collected by the Investigating Agency and
submitted before the trial court alongwith the circumstance that the
case is triable by the judicial Magistrate Ist Class and the trial will take
its own time that may be months together or years together, so
without expressing any opinion on merits of the matter, the petition is
allowed.It is directed that on furnishing a personal bond of Rs. 50,000/-
(Rs. Fifty thousand) along with one surety of the like amount to the
satisfaction of the trial Court the applicant, Shakil Mushalman shall be
released on bail with direction to appear on each and every date of the
trial.His single non-appearance before the trial court shall lead to
automatic dismissal of this bail order.Certified copy as per rules.(U. C. Maheshwari)
Judge
bks |
4cc20cc9-9fba-5ce1-93b8-992a448dac5d | court_cases | Central Information CommissionMrram Gangaramani vs Gnctd on 22 January, 2015CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/SA/A/2014/000598
Appellant : Sh. Ram Gangaramani
Respondent : Department of Health &
Family Welfare, GNCTD
Date of hearing : 29122014
Date of decision : 22012015
Information Commissioner : Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
Referred Sections : Sections 19(3) of the Act
Result : Appeal
Allowed/disposed of
The appellant is present along with Mr. S.R.Sharma. The Public Authority is
represented by Mr., S.R.Meena and Mr. Mukesh Kumar.
FACTS:2. Appellant through his RTI application dated 23.09.2013 sought to know how many
applications had been received by the deaprtment in the Year 2013 coccerning adverse
APAR, whether on those applications necessary action was taken within 30 days and
intimation were given to the applicants within 15 days.CIC/SA/A/2014/000598 Page 13. PIO replied on 25.10.2013 stating that no such applications were recieved in 2013.4. Being unsatisfied with the information furnished, the appellant preferred First Appeal on
04.11.2013.5. FAA by his Order dated 11.12.2013 upheld the reply provided by the PIO.6. Being unsatisfied with the information furnished, the appellant has approached the
Commission in Second Appeal.DECISION7. Both the parties made their submissions. The Commisison observes that the appellant is
not asking information about himself and he is not employed with the Public Authority. He is
only asking the information about the employees' APARs in general and not about any
individual. The resondent authority submitted that the information asked by the appellant is
not specific and it is difficult to compile the information and supply the same to him. Upon
this, the appellant submitted a written submission dsated 29122014 in which he specifically
asked about an employee by name Shri S.R. Sharma, AAO and his APAR.CIC/SA/A/2014/000598 Page 28. The Commisison, on perusal of the said written submission, directs the respondent
authority to supply the information on the same to the appellant within 15 days from the date
of receipt of this order. A copy of the written submisison of the appellant is supplied to the
respondent authority. The appeal is disposed of.Sd/
(M.Sridhar Acharyulu)
Information Commisisoner
Authenticated true copy
(Babu Lal)
Deputy Registrar
Addresses of the parties:1. The CPIO under theRTI Act,
Govt. of NCT of Delhi
Department of Health & Family Welfare, 9th Level, AWing, Delhi
Sachivalaya, ITO, New Delhi1100022. Shri Ram Gangaramani
653,d Pocket6, Sector02,
Rohini, Delhi
CIC/SA/A/2014/000598 Page 3 |
c22f1a9a-c5c8-56bb-8a2c-560d1d7ca129 | court_cases | Delhi High CourtUttar Pradesh State Road Transport ... vs Bimla Devi & Ors. on 26 September, 2017Author:R.K.GaubaBench:R.K.Gauba$~R-271 & 272
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 26th September, 2017
+ MAC APPEAL No. 819/2010
UTTAR PRADESH STATE ROAD TRANSPORT
CORPORATION ..... Appellant
Through: Ms. Garima Prasahad & Mr.
Shadab Khan, Advs.
versus
BIMLA DEVI & ORS. ..... Respondents
Through: Mr. O.P. Mainee, Adv. for R-1
& 2.
+ MAC APPEAL No. 363/2015
BIMLA DEVI & ORS. ..... Appellants
Through: Mr. O.P. Mainee, Adv.
versus
UTTAR PRADESH STATE ROAD TRANSPORT
CORPORATION ..... Respondents
Through: Ms. Garima Prasahad & Mr.
Shadab Khan, Advs.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)1. Manish Verma, aged 19 years, concededly a matriculate and
bachelor, suffered injuries in a motor vehicular accident that occurred
on 02.12.2007 due to negligent driving of bus bearing registration no.MAC Appeal No. 819/2010 & conn. Page 1 of 5UP 21N 0629 of Uttar Pradesh State Road Transport Corporation
(UPSRTC) and died in the consequence. His widowed mother and
sibling, they being appellants in MAC Appeal No. 363/2015
(collectively, the claimants) instituted accident claim case (suit no.
235/09/08) on 15.01.2008. The tribunal held inquiry, and by judgment
dated 11.08.2010 awarded compensation in the total sum of Rs.
11,49,225/- directing the UPSRTC (appellant in MAC Appeal No.
819/2010) to pay with interest @ 7.5% per annum, calculating it thus:-S.No. Heads Compensation
1. Medical Expenses Rs. 3,12,830/-
2. Loss of dependency Rs. 8,11,395/-
3. Loss of estate Rs. 10,000/-
4. Funeral expenses Rs. 5,000/-
5. Loss of love & affection Rs. 10,000/-
Total Rs. 11,49,225/-2. UPSRTC is in appeal to question the calculation of loss of
dependency on the ground that the element of future prospects of
increase in income to the extent of 50% was wrongly added. On the
other hand, the claimants by their appeal contend that the
compensation awarded is deficient because deduction of personal &MAC Appeal No. 819/2010 & conn. Page 2 of 5living expenses should have been to the extent of 1/3 rd and that non-
pecuniary damages awarded are deficient.3. The claimants had submitted before the tribunal that the
deceased had joined the services of Employer Financial Services, the
proprietor whereof had appeared in the evidence as a witness named
Parveen (PW-3) to prove, amongst others, the letter of appointment
(Ex.PW-3/C) and the salary slip (Ex.PW-3/A). It is noted that the
document (Ex.PW-3/C) was only a letter of offer for the deceased to
take over the position of trainee-cum-sales executive at a gross salary
of Rs. 6,750/- per month, his regular employment being contingent
upon completion of training after six months. Clearly, the deceased
served the said firm as trainee sales executive hardly for two months.4.In the case reported asSarla Verma & Ors. vs. Delhi Transport
Corporation & Anr., (2009) 6 SCC 121, Supreme Court, inter-alia,
ruled that the element of future prospects of increase in income will
not be granted in cases where the deceased was "self employed" or
was working on a "fixed salary".Though this view was affirmed by a
bench of three Hon'ble Judges inReshma Kumari & Ors. Vs. Madan
Mohan & Anr., (2013) 9 SCC 65, on account of divergence of views,
as arising from the ruling in Rajesh & Ors. vs. Rajbir & Ors., (2013) 9
SCC 54, the issue was later referred to a larger bench, inter-alia, by
order dated 02.07.2014 inNational Insurance Company Ltd. vs.
Pushpa & Ors., (2015) 9 SCC 166.5. Against the above backdrop, by judgment dated 22.01.2016
passed in MAC Appeal No. 956/2012 (Sunil Kumar v. Pyar Mohd.),MAC Appeal No. 819/2010 & conn. Page 3 of 5this Court has found it proper to follow the view taken earlier by a
learned single judge in MAC Appeal No. 189/2014 (HDFC Ergo
General Insurance Co. Ltd. v. Smt. Lalta Devi & Ors.) decided on
12.01.2015, presently taking the decision inReshma Kumari(Supra)
as the binding precedent, till such time the law on the subject of future
prospects for those who are "self-employed" or engaged in gainful
employment at a "fixed salary" is clarified by a larger bench of the
Supreme Court.6. In the above facts and circumstances, there being no clear
evidence of regular employment much less of regular rise therein, the
element of future prospects is kept out. Since it is a case of claim on
account of death of a bachelor, deduction on account of personal &
living expenses will have to be to the extent of 50%. Calculated
accordingly, with the multiplier of 13, correctly chosen by the tribunal
on the last wages of Rs.6935/-, the loss of dependency is recomputed
as (6935 ÷ 2 x 12 x 13) Rs. 5,40,930/-.7. The grievance of the claimants about the inadequacy of the non-
pecuniary damages is correct. Following the view taken in Rajesh &
Ors. v. Rajbir Singh & Ors., (2013) 9 SCC 54 and Shashikala V.
Gangalakshmamma(2015) 9 SCC 150, compensation in the sum of
Rs.1,00,000/- on account of loss of love & affection and Rs.25,000/-
each towards loss of estate and funeral expense are added. Putting
together all the components of the compensation including medical
expenses awarded by the tribunal, the total compensation is
recomputed as (3,12,830 + 5,40,930 + 1,00,000 + 25,000 + 25,000)MAC Appeal No. 819/2010 & conn. Page 4 of 5Rs. 10,03,760/-, rounded off to Rs. 10,04,000/- (Rupees Ten Lakhs
Four Thousand Only). The award is modified accordingly.8. Following the consistent view taken by this Court, the rate of
interest is increased to nine per cent (9%) per annum from the date of
filing of the petition till realization. [see judgment dated 22.02.2016
in MAC.APP. 165/2011Oriental Insurance Co Ltd v. Sangeeta Devi
& Ors.]9. By order dated 03.12.2010 in MAC Appeal No. 819/2010, the
UPSRTC had been directed to deposit the entire awarded amount with
upto date interest with the Registrar General of this Court and from
out of such deposit fifty per cent (50%) was allowed to be released to
the claimants. The registry shall now calculate the balance now
payable to the claimants under the modified award refunding the
excess, it any, to the UPSRTC. In case, there is deficiency, the
UPSRTC will be obliged to pay the same with the tribunal within
thirty days.10. The statutory amount shall be refunded.11. Both the appeals are disposed of in above terms.R.K.GAUBA, J.SEPTEMBER 26, 2017
nkMAC Appeal No. 819/2010 & conn. Page 5 of 5 |
461ea5e5-74c3-52e5-8f42-9fdfd5444253 | court_cases | Bombay High CourtChemtex Engineering Of India Limited vs Municipal Corporation Of Greater ... on 25 August, 2004Equivalent citations: 2005(2)BOMCR320Author:R.M.S KhandeparkarBench:R.M.S KhandeparkarJUDGMENT
Khandeparkar R.M.S., J.1. Heard the learned Advocates for the parties. Perused the records. Rule. By consent, the Rule made returnable forthwith. The petitioners challenge the Order No. S.C.R./21/2000-2001, dated 23-2-2004 and the notice dated 31-3-2004 issued by the respondent No. 1- Corporation in respect of increase in the rateable value and recovery of proper tax.2. Few facts relevant for the decision are that the petitioners are the owners of an immovable property known as Chemtex House, situated at Hiranandani Gardens, Main Street, Powai, Mumbai. The respondent -Corporation amended on or about 28-3-2002 the assessment bulk by increasing the rateable value of the said property with effect from 1-4-2000 to Rs. 1,11,67,410/- while the prior ratable value was Rs. 42,81,315/-. Pursuant to receipt of intimation regarding revision of the rateable value, the petitioners lodged a complaint to the concerned authority of the Corporation and the respondents by their order dated 18-4-2002 restored the rateable values to Rs. 42,81,315/- with effect from 1-4-2000 and further confirmed that there were no dues outstanding on the part of the petitioners to the respondents. The petitioners thereafter received an intimation dated 22-1-2003 from the respondents to the effect that their earlier decision in respect of the rateable values had been rendered ineffective consequent to the judgment dated 23-10-2002 passed in the (Writ Petition No, 1531 of 2001), by this Court and that the property was being reassessed at the rate of Rs. 1,11,67,410/- per annum with effect from 1-4-2000. The petitioners were called upon to file their objections, if any, within fifteen days from the receipt of said intimation otherwise the rateable valued, as intimated, would stand confirmed. The petitioners by their letter dated 30-1-2003 lodged their objections to the reassessment proceedings. Further, by letter dated 7-2-2003 it was informed to the Corporation that there was no further development of change in the circumstances after the order restoring the rateable value to Rs. 42,81,351/- so as to warrant the review of the rateable value. It appears that the matter thereafter was sought to be pursued with the Corporation by the petitioners and consequently cognisance of the complaint of the petitioners was taken by the Assessor and Collector of the Corporation and hearing in that regard was fixed on 23-2-2004, on which day the said authority of the Corporation confirmed the revision of the rateable value to Rs. 87,53,030/- with effect from 1-4-2000. The petitioners filed appeal against the said order dated.23-2-2004 and the same was filed in the Court of Small Causes on 5-3-2004 underSection 217of the Mumbai Municipal Corporation Act, 1888, hereinafter called as the "said Act". The petitioners, however, did not deposit any amount over and above the old rateable values not there was any stay order granted in the appeal. The respondents thereafter by notice dated 31-3-2004 called upon the petitioners to pay the tax demanded for the period from 1-4-2000 onwards aggregating to Rs. 2,01,23,120/- within 48 hours from the receipt of the said notice, while threatening the petitioners with issuance of distress warrant in case of failure on their part to pay the said amount. The petitioners thereafter filed the present petitioner on 15-4-2004 which came up for hearing before this Court on 27-4-2004 and on that day while issuing notice for final disposal of the petition, the respondents were restrained by way of ad interim relief from taking any steps to enforce the order dated 23-2-2004 or from taking any coercive action against the petitioners till the decision in the petition. The respondents filed their affidavit in reply dated 28-6-2004.3. It is also necessary to note that there was a Writ Petition bearing No. 1531 of 2001 filed in this Court by one Arvind Kottecha against the respondent -Corporation which was disposed of by this Court on 23-10-2002 while recording the statement of the learned Senior Counsel appearing for the respondent-Corporation for withdrawal of certain circulars and consequently holding that all actions taken and the assessment pursuant to the circulars which were withdrawn were rendered ineffective and further that it was open to the respondents to reassess the properties for the purpose of property taxes in accordance with law. It is not in dispute that the petitioners were not a party to the said writ petition or any other similar such petition which was stated to have been disposed of on the said day by this Court.4. The impugned order and the impugned notice are sought to be challenged on the ground that the respondent-Corporation has no jurisdiction and authority or power to reopen the assessments once finalised, and since the assessment in relation to the rateable values for the financial year 1-4-2001 to 31-3-2002 was finalised by the order of 18-4-2002, it could not have been reopened by the notice dated 22-1-2003 or by order dated 23-2-2004. Secondly, the Corporation is not entitled to levy the property tax retrospectively i.e. for the year prior to the financial year in which or in respect of which the assessment of the rateable value is sought to be done. Thirdly, that there is no change in the circumstances from the date of the previous assessment to warrant or justify the revision of the rateable value, and the decision of the Division Bench in the Writ Petition No. 1531 of 2001, dated 23-10-2002 does not entitle the Corporation to reopen the assessment or reassess the properties of the petitioners in relation to which the rateable valued that is ready finalised by the order dated 18-4-2002. The impugned order and the notice, on the other hand, are sought to be justified, while admitting that there is no power under the statute to reopen the assessment, the judgment of this Court in the Writ Petition No. 1531 of 2001 specifically empowers the Corporation to reassess the properties for the purpose of property taxes in cases where the assessment was done on the basis of the circulars which were withdrawn and consequently the assessment gone on the basis of those circulars were rendered ineffective and the assessment in relation to the petitioners' properties finalised on 18-4-2002 being one of such assessments, no fault can be found with the impugned order or the notice, and secondly, even thought the petitioners were not parties to the Writ Petition No. 1531 of 2001, the judgment being of declaratory nature, it is binding on all the assesses of the Corporation whose assessments were rendered ineffective pursuant to the withdrawal of the circulars based on which the assessment of the rateable values of their property was done.5. Before dealing with the merits of the case, it is necessary to address to the preliminary objection sought to be raised on behalf of the respondents. It is the contention of the respondents that the petitioners have made false statements in the petition and even the justification sought to be given by way of rejoinder discloses suppression of fact. Besides, the petitioners have already filed on appeal and all the points sought to be raised in the petition can very well be dealt with by the Court dealing with the appeal and the party is not entitled to choose both the remedies simultaneously. Drawing attention to ground (j) wherein it has been stated that the impugned order was passed in violation of the principles of natural justice as no opportunity was given to the petitioners to represent their case, it is sought to be contended on behalf of the respondents that the last para in relation to the hearing which took place on 23-2-2004, it was clearly noted therein that "Since Shri V.N. Surve, the representative of the assessee company has not asked for speaking order the entire proceeding of the hearing of the complaint is explained to him and order fixing the R.V. of Rs. 87,53,030/- was handed over to him". A sheet of paper stated to be letter of authority and disclosing the signature of a person by name A.N. Shirodkar was also produced in the course of the arguments by the learned Counsel for the respondents stating that he was the authorised representative for the petitioners and had filed the said authority and the said paper disclosed the authority to the said Shirodkar on behalf of the petitioners and yet the petitioners in the affidavit filed by Vikrant N. Surve have stated that no representative by name of A.N. Shirodkar had represented the petitioner-company. The learned Advocate appearing for the petitioners, on the other hand, drawing attention to the order of the Division Bench in Appeal No. 243 of 2004 in Writ Petition No. 410 of 2004, Indian Express Newspapers (Bombay) Ltd. and Anr. v. Municipal Corporation of Greater Mumbai and Anr., passed on 13-4-2004 submitted that merely because the petitioners have filed an appeal, that would not disentitle the petitioners from challenging the impugned order and the notice if the petitioners are able to satisfy the Court that the same are without jurisdiction and beyond the statutory powers of the Corporation, while further fairly admitting that the adjudication regarding the merits of the case and about the justification for revision from the financial year 1-4-2002 onwards could be a subject-matter of the appeal, nevertheless, the revision of the assessment for the period prior to 31-3-2002 being without jurisdiction, the same can be adjudicated in writ petition, while restricting the appeal to the period after 31-3-2002 in terms of the order dated 13-4-2004. The learned Advocate, however, also submitted that once the exercise of reassessment being shown to be totally without jurisdiction, nothing would prevent the petitioners from aitating the same in the writ petitioner and the fate of the appeal would depend upon the order to be passed in the petition. Drawing attention to the proceedings before the Investigation Officer of the respondent-Corporation which took place on 23-2-2004, the learned Advocate for the respondents submitted that the same would apparently disclose that Shri V.N. Surve, who had appeared on behalf of the petitioners, had requested for postponement of the hearing and when he was asked to argue his case, he had informed that he was instructed merely to seek postponement and he was not in a position to argue the case for the petitioners, and in those circumstances the postponement having been refused, the petitioners are justified in contending about failure on the part of the authorities to comply with the principles of natural justice as there was no fair opportunity to the petitioners to put forth their case before the concerned authority.While contending that the point sought to be raised being in relation to absence of power to the Corporation to reassess the rateable value once finalised, the learned Advocate for the petitioners has sought to rely upon the decisions in the matters ofIncome-Tax Officer, V Circle, Madras, and Anr. v. S.K. Habibullah, reported in 1962(44) I.T.R. 809, Commissioner of Income-Tax, Bombay Presidency & Aden v. Khemchand Ramdas, reported in 1938(6) I.T.R. 414, East India Commercial Co. Ltd., Calcutta and Anr. v. Collector of Customs,Calcutta, and Whirlpool Corporation v. Registrar of Trade Marks, Mumbai and Ors., .6. As regards the contention regarding false statements and suppression of facts, undoubtedly, the contents of ground (j) of para 13 relates to the contention about failure on the part of the authority to adhere to the principles of natural justice in the matter of giving opportunity of being heard to the petitioners while deciding the matter. However, it is to be noted that the contents of ground (j) relate to the contention sought to be raised on the basis of the facts revealed in the petition and the accompanying materials. Undoubtedly, the evidence in relation to the proceedings before the respondent-authority in possession of the respondents placed by them on record reveal that when the matter came up before the authority on 23-2-2004, Shri V.N. Surve appeared on behalf of the petitioners being their representative. The very first part of the record pertaining to the proceedings of the said day by the Corporation's Officer reveal that Shri Vikrant N. Surve for and on behalf of M/s. Chemtex Engineering of India Limited had appeared and presented written application for postponement of the hearing. However, considering the objections which were sought to be raised by Superintendent Kazi on behalf of the respondent-Corporation for the postponement of the hearing, the Investigation Officer had asked Shri V.N. Surve to argue his case. To that, he had submitted that since the assessment of the rateable value was already finalised in April, 2002, he had no further arguments in the matter. It is to be noted that the proceeding sheet recorded by the officer nowhere discloses that Shri V.N. Surve who had appeared before the authority to present the written application for postponement of the hearing was empowered to argue the case on behalf of the petitioners or that he was fully conversant with all the facts of the case. On the contrary, the affidavit dated 16-8-2004 filed by Shri V.N. Surve discloses categorical statement to the effect that he had no authority to argue the case and he had appeared before the authority merely to request the postponement of the case. It is another thing that the petitioners could not have presumed that the authority would have acceded to the request for postponement made on behalf of the petitioners but that itself would not lead to the conclusion that Shri Vikrant N. Surve was either competent to argue the case or was fully aware of the facts relevant for decision in the matter. Considering the same, complaint about the failure on the part of the concerned authority to observe the principles of natural justice in as much as that there was no fair opportunity of being heard afforded in the matter, cannot be said to be amounting to making false statement by the petitioners. In fact, it is not a statement of fact but it is rather a submission on behalf of the petitioner based on the facts of the case. Even assuming that it is an incorrect submission, that itself cannot be sufficient to non-suit a party in the writ petition ignoring the merits of the case.7. As regards the false statement pertaining to the absence of authority to Shri A.N. Shirodkar and reference to the proceedings before the authority is relation to his appearance on behalf of the petitioners, it is to be noted that undoubtedly, the proceedings dated 11-4-2002 disclose that Shri A.N. Shirodkar has appeared before the Superintendent Shri Moon of the Corporation on behalf of the petitioners but one fails to understand how the appearance of Shri Shirodkar on 11-4-2002 can be related to the proceedings which took place on 23-2-2004. Once it is not in dispute that the hearing of the matter relevant for the decision was fixed on 23-2-2004, merely because Shri A.N. Shirodkar has appeared before the authority on 11-4-2002, that would not be sufficient to contend that there was any false statement about absence of authority to Shirodkar to appear in the matter on 23-2-2004. Besides, as rightly submitted by the learned Advocate for the petitioners, the contention regarding Shirodkar being duly authorised to appear in the matter, is sought to be raised for the first time across the bar when the matter was being heard yesterday and the document in regard to the authority to Shri Shirodkar was also produced yesterday. Besides, even assuming that Shirodkar was authorised to appear on 23-2-2004, the fact remains that the noting of 23-2-2004 pertaining to the appearance on behalf of the petitioners relate to Shri Vikrant N. Surve and not to Shri Shirodkar. Undoubtedly, para 3 of the affidavit of Shri V.N. Surve, filed on 16-8-2004, reveal a statement to the effect that ;-"3. I further submit that the petitioners company has no representative by the name of A.N. Shirodkar. He is not the Tax Consultant of the petitioner company nor he had any authority to represent the petitioners before the Inquiry Officer and therefore the said A.N. Shirodkar (whom the petitioners even do not know) had no authority to represent the petitioners before the Inquiry Officer on 11th April, 2004."It is to be noted that the said statement has been made on oath by the deponent. In answer to that, the learned Advocate for the respondent-Corporation has merely sought to produce the copy of a letter stated to have been issued by the petitioners in favour of A.N. Shirodkar on 11-4-2002. The records also reveal that Shri A.N. Shirodkar had appeared before the Superintendent Moon on 11-4-2002 and objected to the revision of the rateable value. It is also apparent that the said objection was in the proceeding in relation to the petitioner-company. However, once there is a statement on oath disclosing that A.N. Shirodkar has no authority to appear on behalf of the petitioners on 11-4-2002, in case the respondents wanted to dispute the said statement and warrant an order of the nature which would disentitle the petitioners of being heard in the matter, the respondents ought to have filed appropriate affidavit in that regard along with the copy of the alleged authority to A.N. Shirokar by the petitioners. Serious allegation in the nature of a false statement on behalf of the petitioners cannot be dealt with nor the petitioners can be penalised on mere submission by the learned Advocate on behalf of the respondents in that regard without there being sufficient material placed on record countering the statement made on behalf of the petitioners on oath. Even otherwise, and even assuming that there is an incorrect statement as regards the absence of authority to A.N. Shirodkar by the petitioners, that may call for some penalty but certainly it would not warrant harsh penalty in the nature of the petitioners being shunted out of the Court on that ground if the petitioners are able to disclose total absence of authority to the respondents in relation to the merits of the case pertaining to reassessment of the rateable value.8. The law on the point that in case the statutory authorities travel beyond the scope of powers given under the statute, nothing prevents the aggrieved party from approaching the Court for relief in exercise of writ jurisdiction, irrespective of availability of the alternative remedy, is well-settled. Here is the case of the petitioners wherein the contentions relate to total absence of power to reassess the rateable value once it is finalised and the clear admission by the learned Counsel on behalf of the respondents that the statute nowhere expressly empowers the Corporation to reopen the assessment regarding the rateable value once finalised. Undisputedly, the reopening of the assessment has been solely on the basis of the judgment of the High Court in the Writ Petition No. 1531 of 2001.In the background of this undisputed fact, and particularly the contention sought to be raised in the petition, applying the lawlaid down bythe Apex Court in the matters ofEast India Commercial Co. Limited(supra) as well as inWhirlpool Corporation(supra) and further the order of the Division Bench in Appeal No. 243 of 2004 (supra), the petition in relation to reopening of the assessment for the period prior to 31-3-2002 is clearly maintainable. In Appeal No. 243 of 2004 the appellants Indian Express Newspapers (Bombay) Limited had sought to challenge the revision of the rateable values for the periods 1-4-2000 to 11-1-2002, 12-l-2002 to 28-2-2002 and 1-3-2002, 30-3-2002 wherein all the assessments had already been finalised by an earlier order dated 6-5-2002 and therefore the contention was that those could not have been reopened on the basis of the decision of the Division Bench in the Writ Petition No. 1531 of 2001.While observing that considering the decision of this Court inAbdeali Shaikh Tayebali Zaidy and Anr. v. Bombay Housing Area and Development Board and Ors., . the contention which was raised appeared to be sound, the order passed by the learned Single Judge in the Writ Petition No. 410 of 2004 dismissing the writ petition solely on the ground of availability of appeal was set aside while restricting the dispute in the writ petition in relation to the period for which the assessment was earlier finalised by the order dated 6-5-2002 and what was subsequently reopened. Though it can be argued that the order dated 13-4-2004 is not a judgment laying down the law in that regard, nevertheless, apart from keeping in mind the judicial discipline and bearing in mind the well-established principles of law that in cases where the petitioner is, prima facie able to disclose total absence of jurisdiction or power to the concerned authority to take action sought to be impugned in the petition, mere availability of alternative remedy by way of an appeal would not be sufficient to dismiss the petition in limine. The preliminary objections sought to be raised on behalf of the respondents, therefore, are devoid of substance and are rejected.9. Before proceeding to consider the first ground of challenge in relation to the absence of authority, as already noted above, the learned Counsel for the respondents has fairly conceded that there is no express power to reopen the assessment already finalised under the said Act and therefore it is not necessary to deal with the issue as to whether the provisions of law under the said Act empowers the Corporation to reopen the assessments already finalised. Obviously, the assessment once finalised, the Corporation would not be entitled to reopen the same in the absence of statutory provision. However, it is the contention of the respondents that there is a specific declaration in that regard by this Court in the Writ Petition No. 1531 of 2001 pursuant to withdrawal of the circulars. It would be therefore necessary to ascertain what was the decision as such by this Court in the Writ Petition No. 1531 of 2001.10. The order dated 23-10-2002 disposing the Writ Petition No. 1531 of 2001 reads thus:-"Mr. K.K. Singhvi learned Counsel appearing for the respondents Corporation made statement before us that the impugned circulars namely : Circular No. AC/23/GEN dated 8th December, 2000; Circular No. AC/ 25/GEN dated 6th January, 2001: Circular No. AC/23/GEN dated 25th January, 2001; Circular No. AC/39/GEN dated 16th March, 2002; and Circular No. AC/1/GEN dated 3rd April, 2002 are being withdrawn by the Municipal Corporation of Greater Bombay.In view thereof obviously the said circulars do not hold field and nothing further is required to be examined by us. Obviously the action taken or assessment done pursuant to the aforesaid circulars also cannot stand. We accordingly, hold that all action taken and assessment done pursuant to the circulars dated 8th December, 2002, 6th January, 2001, 25th January, 2001,
16th March, 2002 and 3rd April, 2002 are rendered ineffective.Writ petition is disposed of accordingly.Needless to say that it is always open to the respondents to reassess the properties for the purpose of property taxes in accordance with law."Apparently, the order has been passed based on the concession made by the learned Counsel for the Corporation in relation to the withdrawal of the circulars. It does not disclose any discussion on any point of law as such, nor findings have been arrived at pursuant to such discussion on any point of law relating to the power of the Corporation to reopen the assessments already finalised. It clearly specifies that the circulars have been withdrawn by the Corporation itself. They were not declared to be invalid or illegal or non-enforceable pursuant to any adjudication in that regard by the Court. 'While accepting the statement of the learned Counsel on behalf of the Corporation regarding withdrawal of the five circulars referred to therein, it was observed that the natural consequence of such withdrawal would be that the action taken or the assessment done pursuant to the said circulars would not stand and therefore all actions taken and assessments done pursuant to those circulars would be rendered ineffective and in those circumstances, it would be open to the Corporation to reassess the properties for the purpose of property taxes in accordance with law. In other words, the action pertaining to the assessment done pursuant to the circulars withdrawn was held to render ineffective as a fall-out of the withdrawal of the said circulars. However, it does not amount to saying that the assessment of all the parties who were not before the Court in the said proceedings were also rendered ineffective. The observation regarding "all actions taken and assessment done pursuant to the circulars" has to be understood in relation to the facts of the case which was before the Court in the said petition and cannot relate to those facts which were not before the Court in the said proceedings nor in relation to the parties who were not represented before that Court. Undoubtedly, once the circulars have been withdrawn and it has been observed that the assessment based on such circulars are to be rendered ineffective, it would enure to the benefit of all the parties from the day on which the said order was passed to contend that since that day the Corporation would not be entitled to assess the rateable value based on those circulars but that by itself cannot enure to the benefit of the Corporation to say that all the assessments which were already finalised in past in relation the parties who were not before the Court in the said proceedings would also be affected adversely to such parties. In fact the order dated 23-10-2002 passed in the Writ Petition No. 1531 of 2001 does not lay down any proposition of law as such. It only endorses the consequences which are to follow consequent to withdrawal of the said circulars by the Corporation. Obviously therefore, those consequences would follow subsequent to withdrawal of the circulars and cannot relate to the date prior to withdrawal of the circulars. Since the matter in issue in the said writ petition was regarding the validity of the assessment of the party before the Court in the said petition based on the said circulars, once it was admitted by the Corporation that the circulars were being withdrawn, certainly, the Court was left with no option than to observe that whatever assessments made in relation to the petitioner's case based on those circulars were rendered ineffective and therefore the respondent-Corporation was entitled to reassess the property of the parties before the Court in the said petition in accordance with the provisions of law. Obviously therefore, the observation in the said order that "all actions taken and the assessments done pursuant to the circulars" as well as the observation that "it is always open to the respondents to reassess the properties......" cannot be said to be used in respect of the properties in relation to the assessments which were already finalised but belonging to the persons who were not parties to the said proceedings. Undoubtedly, in relation to the assessments which were not finalised on the day when the order dated 23-10-2002 was passed in the Writ Petition No. 1531 of 2001, certainly the Corporation would be justified in contending that in the absence of finalisation of the assessment, since the circulars were withdrawn on the said day, the Corporation would be entitled to proceed with those assessments in accordance with law ignoring the said circulars. That however would not entitle the Corporation to reopen the assessments which were already finalised of those who were not parties to the said proceedings.11. Referring to the decision of the Apex Court in Shenoy and Co., represented by its partners, Bele Srinivasa Rao Street, Bangalor and Ors. v. Commercial Tax Officer, Circle II, Bangalor and Ors., , it was sought to be contended on behalf of the respondents that the order dated 23-10-2002 is in the form of a declaration and nothing prevents the Courts from issuing such a declaration and once such a declaration is issued, it would be binding upon all the parties. Attention was also drawn, particularly to para 12 of the said decision, to contend that once the circulars are held to be withdrawn and therefore the assessments done based on those circulars being declared as rendered ineffective, nothing would prevent the Corporation from reassessing the properties for the purpose of property taxes. The para 12 in Shenoy's case (supra) reads thus: -"12.InMakhan Lal Waza v. State of Jammu and Kashmir, , an order made by the Government of Jammu and Kashmir providing for reservation of posts for certain communities was challenged before this Court as violative ofArticle 16of the Constitution. This Court accepted the challenge and invalidated that promotions of respondents 3 to 83in that case. By its Judgment this Court directed the State Government to devise a scheme consistent with the constitutional guarantee for reservation of appointment to posts and to pass appropriate orders. The State Government instead of complying with the directions given by this Court, attempted to circumvent the same by continuing those whose promotions were invalidated, giving the posts a different name. The same petitioners again moved this Court underArticle 32of the Constitution questioning the action of the State Government. The State Government justified its action contending that there were many persons who were not parties to the earlier writ petitions and who had been promoted prior to and/or subsequent to this Court's decision and that they were not bound by the earlier judgment. This contention was repelled by this Court. It was held that the law declared by this Court as binding on the respondent State and its officers irrespective of the fact whether those who would be affected by its pronouncement were parties to the judgment or not."Undoubtedly, the Apex Court therein has ruled that the contention that many persons who were not parties to the earlier petitions and petitions granted prior to the decision were not affected by the judgment of the Apex Court was to be repelled and it was held that the law declared was binding on the respondent State and its officers irrespective of the fact whether those who could be affected by its pronouncement were parties to the judgment or not. It is to be noted that the said ruling was in relation to the power of the Apex Court underArticle 141of the Constitution of India. The law as regards the powers of the Apex Court and the binding nature of the pronouncement in view of the approval contained inArticle 141of the Constitution of India is well-settled. But the same can be of no help to the respondents in the case in hand. The contentions that the order dated 23-10-2002 is a declaratory judgment laying down the principle of law that action of assessment based on the circulars which were withdrawn to have rendered ineffective and that it would entitle the Corporation to reassess the properties are to be rejected. In order to contend that there is any such declaration, it is necessary to ascertain whether there has been adjudication of the issue in that regard by the Court, consideration of the rival contentions in relation to the facts before the Court, and the consequential findings arrived at on such adjudication by the Court in order to say that there has been a declaration of law in that regard by the Court. It is well-settled by a catena of decisions of the Apex Court that the decision is an authority for what it decides and not what can logically be deduced therefrom. It is well-settled that the enunciation of the reasons or principle upon which a question before the Court has been decided is alone binding as a precedent. When Court has once laid down a principle of law as applicable to certain state of facts, it will adhere to that principle and apply it to all future cases where the facts are substantially the same (vide;Krishena Kumar v. Union of India), ,Commissioner of Income-tax v. Sun Engineering Works (P.)Ltd., , A.S. Narayana Deekshitulu v. State of Andhra Pradesh and Ors., andMunicipal Corporation of Delhi v. Gurnam Kaur, .It was specifically held by the Apex Court that a non-speaking order, neither disclosing the fact nor the reasons, cannot be said to be laying down a binding precedent as suchGovernment of India v. Workmen of State Trading Corporation and Ors., .In what cases a decision can be said to lay down a binding precedent and how to the depuce the ratio decidendi has been well explained by the Apex Court inUnion of India and Ors. v. Dhanwanti Devi and Ors., . Considering the law laid down for ascertaining the ratio of a decision and which alone can be said to be binding, and for understanding exact decision in a judgment or an order, the contention that the order dated 23-10-2002 amounts to a general declaration regarding all the assessments which were finalised even in the past based on the circulars which were withdrawn on the said day are ineffective is to be rejected being totally devoid of substance. The observation relating to entitlement of the Corporation to reassess the property tax was relating to the matter in issue before the Courtin that case. The observation is not even a general observation as such in relation to all the assessments done and finalised prior to the date of the said order.In fact, even general observation in a case cannot be applied in interpreting the provision of law in a statute (vide :Raval & Co. v. K.G. Ramchandran), . Once it is not in dispute that the said Act does not permit reassessment, the impugned order and notice, to the extent it relates to the period prior to 31-3-2002, cannot be sustained.12. There is yet another reason, as rightly submitted by the learned Advocate for the petitioners, which would not permit the Corporation the reassessment of the rateable value for the period prior to 31-3-2002. The Division Bench of this Court inSatish Dattatray Shivalkar v. Pimpri-Chinchwad Municipal Corporation, Pune and Anr., , relied upon by the learned Advocate for the petitioners, after taking note of Rule 20 of the Taxation Rules framed under theBombay Provincial Municipal Corporation Act, 1949and Section 82 of the Bombay Municipal Boroughs Act, 1925, which are similar to the provisions contained inSection 154of the said Act and the Rules framed in relation to assessment of the rateable clause, and taking into consideration the decisions of the Apex Court inMunicipal Corporation of City of Hubli v. Subha Rao Hanumatharao Prayag and Ors., andKalyan Municipal Council and Ors. v. Usha Paper Products (P.)Ltd. and Anr., as well as the decision of the Full Bench of this Court inSholapur Municipal Corporation v. Ramchandra Ramappa, reported in 1973 Mh.L.J. 128 had held that :-"Any amendment in the assessment book by inserting or altering an entry in respect of any building erected, re-erected, altered, added to or reconstructed in whole or in part of the assessment book shall be and can only be effective during the currency of official year. The expression "official year" defined underSection 2(44)of the Act of 1949 read with Rule 20(1)(e) indicates without doubts the legal position that the property tax being tax for the official year must be levied only during the official year. In view thereof, it was not open for the Commissioner to amend or alter assessment entry of petitioner's property with retrospective effect."The fact that the provisions which were the subject-matter of consideration inSatish Dattatraya Shivalkar's case (supra) and the provisions of law applicable to the facts of the case are in pan materia is not in dispute. It is also not in dispute that the assessments were sought to be reopened in the case in hand by the intimation dated 22-1-2003. Being so, the amendment to the assessments, if any, based on such intimation could be in relation to the financial year 1-4-2002 to 31-3-2003 but cannot be prior to the date of 1-4-2002. I must hasten to observe that this does not mean that reassessment for the period from 1-4-2002 is valid and lawful. Certainly that is a different issue to be considered in the appeal filed by the petitioners.However, by no stretch of imagination the assessment can relate to the day prior to 1-4-2002 bearing in mind the lawlaid down bythis Court inSatish Dattatraya Shivalkar's case.13. It is however, sought to be contended on behalf of the respondents that it is not a fresh assessment as such for the first time out it was reassessment pursuant to the order of the High Court dated 23-10-2002. As already observed above, the said order nowhere entitles the respondents to reopen the assessment which had already been finalised. It is a matter of record that the assessment in relation to the petitioners property was finalised on 18-4-2002. Undoubtedly, therefore, for the period upto 31-3-2002 that would stand as finalised and could not be reopened under any circumstance. Whether there was justification for fresh assessment in relation to the financial year 2002-2003 onwards is totally a different issue required to be dealt with in the appeal. In the circumstances, therefore, the reassessment sought to be done for the financial year 2001-2002 is to be held as absolutely bad in law and is liable to be quashed and set aside while confirming the assessment which was already finalised for the said financial year at the rateable value of Rs. 42,81,315/- per annum.14. As regards the assessment for the period from 1-4-2002 onwards, undoubtedly the petitioners have filed the appeal orderSection 217before the Competent Court. All the issues sought to be raised in this petition in relation to the said reassessment can certainly be agitated by the petitioners on the said appeal. Needless to say that the Appellate Authority will have to bear in mind the observations made hereinabove in relation to the order dated 23-10-2002 in the Writ Petition No. 1531 of 2001 while deciding the said issue in relation to the such assessment also. In the circumstances, therefore, it is not necessary for this Court in this petition to deal with the point relating to reassessment pertaining to the period subsequent to 1-4-2002 leaving it open for consideration by the Appellate Authority in accordance with the provisions of law simultaneously leaving open all the issues in the matter for consideration by the said authority, albeit bearing in mind the observations hereinabove.15. The petition, therefore, succeeds. The rule is made absolute in above terms with no order as to costs. |
bc34d2fd-29b8-5c42-97a7-7766dea50f17 | court_cases | Central Administrative Tribunal - ChandigarhSmt. Prito vs Union Territory on 19 August, 2015CENTRAL ADMINISTRATIVE TRIBUNAL,
CHANDIGARH BENCH,
CHANDIGARH.
O.A.No.060/00603/2015 Decided on : 19.08.2015
CORAM: HONBLE MRS. RAJWANT SANDHU, ADMINISTRATIVE MEMBER
HONBLE DR. BRAHM A. AGRAWAL, JUDICIAL MEMBER
Smt. Prito, aged 49 years, wife of late Sh. Piara, resident of Village Karondewala, PO Mullanpur, Tehsil Kharar, District Mohali.
Applicant
Versus
1. Union Territory, Chandigarh Administration, through its Secretary, Engineering Department, U.T. Civil Secretariat, Sector 9/D, Chandigarh.
2. Chief Engineer, Union Territory, Chandigarh Administration, U.T. Civil Secretariat, Sector 9, Chandigarh.
3. Commissioner, Municipal Corporation, Deluxe Building, Sector 17, Chandigarh.
4. Chief Engineer, Municipal Corporation, Deluxe Building, Sector 17, Chandigarh.
. Respondents
Present: Mr. Barjesh Mittal, counsel for the applicant
Mr. Sanjiv Dahiya, counsel for respondents no.1 & 2
Mr. Arvind Moudgil, counsel for respondents no.3 & 4.
O R D E RHONBLE MRS. RAJWANT SANDHU, MEMBER (A)1. This Original Application has been filed underSection 19of the Administrative Tribunals Act, 1985, seeking the following relief:-8(ii) The respondents be directed to consider the case of the applicant, widow of late Sh. Piara, work charge Mali, for grant of family pension and other consequential benefits, by treating him as deemed regularized, as permissible under the rules in view of and in terms of the judgment dated 03.04.2014 (Annexure A-1) passed by Honble Supreme Court, in terms of judgment passed by this Tribunal in Babli Devis case (Annexure A-2), Urmil Kantas cse (Annexure A-4) and both judgments upheld by Honble High Court and Honble Supreme Court of India (Annexure A-3 & A-5) as well as judgment Annexure A-9 and also as per approval to implement Annexure A-1 vide notings (Annexure A-6) and direct the respondents to grant family pension / retiral benefits w.e.f. 23.12.2009 with all other consequential benefits in terms of arrears of family pension and retiral benefits etc. viz. Ex gratia, DCRG, Leave Encashment, GIS etc with interest @ 18% per annum.(iii) The respondents be also directed to consider the case of the applicant for grant of appointment on compassionate grounds as per directions already passed by DB of this Tribunal in Babli Devis case (Annexure A-2) as well as in Urmil Kantas case (Annexure A-4) against any available vacancy under 5% quota meant for the purpose, by sending her case to the common committee for consideration and thereby pass a reasoned and speaking order duly communicated to her. This prayer has also been made by the applicant in terms of judgment Annexure A-2 and A-4 upheld vide Annexure A-3 & A-5 by Honble High Court / Supreme Court.2. When the matter came up for consideration today, learned counsel for the applicant stated that a similar matter had been disposed of through order dated 24.03.2015 in OA No.060/00245/2015 titled Smt.Prem Lata & Anr. Vs. UT, Chd. Admn. & Ors.. He requested that the present OA be disposed of in the same manner.3. Learned counsel for the respondents do not object to the disposal of the OA in this manner.4. Considering the above, we dispose of the present OA with a direction to the competent authority amongst the respondents to consider the representations (Annexure A11) and legal notice (Annexure A-12) and pass a speaking order in the light of the extant rules and regulations and also keeping in mind the earlier decisions aforementioned of this Tribunal. If the case of the applicant is similar to the cases relied upon, as mentioned hereinabove, the same benefits may also be granted to her. Let this exercise be carried out within a period of two months from the date of receipt of a certified copy of this order. Orders so passed be duly communicated to the applicant.5. Needless to add that we have not expressed any view on the merits of the case.6. No order as to costs.(RAJWANT SANDHU)
ADMINISTRATIVE MEMBER.(DR. BRAHM A. AGRAWAL)
JUDICIAL MEMBER
Place: Chandigarh
Dated:19.08.2015
sv:????????3(OA.No.060/00603/2015) titled
(SMT. PRITO VS. UT CHD ADMN & ORS.) |
ef146ae2-eb1f-561b-b671-7095ab81e35e | court_cases | State Consumer Disputes Redressal CommissionThe United India Insurance Co. Ltd. vs Unday Vir Singh Yahdav, Advocate on 23 February, 2015Daily Order State Consumer Disputes Redressal Commission Uttarakhand 176 Ajabpur Kalan Mothrowala Road Near Spring Hills School Dehradun Final Order First Appeal No. A/13/176 (Arisen out of Order Dated 01/06/2013 in Case No. 400/2011 of District Hardwar) 1. The United India Insurance Co. Ltd. Regional Office Rantan Palace, Kaulagarh Road,Dehradun, through Managaer. Dehradun Uttarakhand ...........Appellant(s) Versus 1. Unday Vir Singh Yahdav, Advocate s/o Kishan singh r/o H.No. E-375/1, Subhash Nagar,Roorkee, Pargana & Teh. Roorkee,Haridwar. Dehradun Uttarakhand ...........Respondent(s) BEFORE: HON'BLE MR. D. K. Tyagi, H.J.S. PRESIDING MEMBER HON'BLE MRS. Veena Sharma MEMBER For the Appellant: For the Respondent: ORDER(Per: Mr. D.K. Tyagi, Member):This is insurer's appeal underSection 15of the Consumer Protection Act, 1986 against the order dated 01.06.2013 passed by the District Forum, Haridwar in consumer complaint No. 400 of 2011. By the order impugned the District Forum has allowed the consumer complaint and directed the opposite party to pay the compensation of Rs. 70,000/- to the complainant within one month from the date of order.2. Briefly stated the facts of the case, as mentioned in the consumer complaint, are that the complainant was the owner of the vehicle bearing registration No. UP14-Q-5103 Maruti Car. Previously, Smt. Nishi Rani W/o Sh. Sanjay Tyagi R/o Gautambudh Nagar was the registered owner of this vehicle, which was insured by the opposite party-insurance company. Smt. Nishi Rani, the registered owner, had purchased a new car in the exchange offer in place of this old car from M/s Rohan Motors, Gautambudh Nagar, Uttar Pradesh. The complainant had purchased the aforesaid Maruti Car on 25.01.2010 worth Rs. 85,000/- through Sh. Ajay Bhatia, who is doing a business of sale and purchase of old cars, for which Sh. Ajay Bhatia provided the complainant a receipt and also gave photograph of Registration Certificate and Insurance Policy. Sh. Ajay Bhatia also promised to provide all the original documents and sale letter from Smt. Nishi Rani, who was out of station and shall come on 15.02.2010. The complainant has stated that he was driving the said vehicle and he has got a driving license, which is valid from 05.11.2003 to 30.06.2018. As the vehicle was insured with the opposite party, therefore, the opposite party is liable to pay the damages as well as the cost of the vehicle. The claimant has also filed a claim petition No. 79 of 2010; Uday Vir Singh vs. Divisional Manager and others before the Claim Tribunal, Haridwar and in that claim petition the opposite party-insurance company as well as Smt. Nishi Rani, M/s Rohan Motors and Sh. Ajay Bhatia were made party. All the parties filed their written statement and Smt. Nishi Rani had admitted the fact of exchange of car from M/s Rohan Motors. M/s Rohan Motors had also admitted to sale the car to the claimant through Sh. Ajay Bhatia. The opposite party-insurance company had admitted that the complainant is the owner of the said Maruti Car. The opposite party in that claim petition also challenged the jurisdiction of the Claim Tribunal. As the Claim Tribunal had no jurisdiction to decide the claim petition No. 79 of 2010, therefore, the Court of A.D.J., Roorkee had dismissed the claim petition, as the Claim Tribunal had no jurisdiction to decide the matter. The claimant had stated that he was the owner of the vehicle on the date of accident and the said vehicle was insured with the opposite party-insurance company, therefore, the opposite party is liable to pay the compensation. The complainant is a consumer of the insurance company, therefore, the Forum has jurisdiction to hear and decide the matter.3. The opposite party-insurance company filed its written statement before the District Forum and pleaded that it is admitted that the Maruti Car-800 bearing registration No. UP14-Q-5103 was registered in the name of Smt. Nishi Rani and the aforesaid car was insured with United India Insurance Co. Ltd. in the name of Smt. Nishi Rani W/o Sh. Sanjay Tyagi R/o A-80, Sector 27, Noida, District Gautambudh Nagar, U.P. for a period of one year from 08.04.2009 to 07.04.2010. There is no liability arising out of the contract of insurance under the captioned policy of motor insurance as regard to claimant Sh. Uday Vir Singh as such neither the claimant is a party to the contract of insurance under the captioned policy or he is the insured of the captioned vehicle nor the claimant is heirs, executors, administrators of our insured. Thus, the claimant is not covered by the motor insurance policy in question which has not been transferred in his name. Hence, the answering opposite party is not liable to pay any amount of compensation under the policy to the claimant. It is admitted that Smt. Nishi Rani had purchased a new car in exchange of her old Maruti car with M/s Rohan Motors Ltd. in exchange scheme offer. No documents of the subjected vehicle was handed over by Smt. Nishi Rani to the complainant as alleged in the complaint. Nothing has been filed by the complainant, with the complaint in support of his version. It is admitted that intimation of loss regarding the said vehicle was furnished by some person for Nishi Rani, the insured. The captioned vehicle was insured under the captioned policy under the registered ownership of Smt. Nishi Rani, the insured. Insurance of the insured vehicle ceased as regard to parties to the contract of insurance as and when the insured vehicle was sold out until and unless the purchaser of the insurance cover of the vehicle alongwith the purchased vehicle has got duly transfer of motor insurance policy in his name by surrendering the original policy and by applying a fresh proposal form to transfer the remaining portion of the policy in his/her name. There is no liability arising out of the contract of insurance under the captioned policy of motor insurance as regard to claimant Sh. Uday Vir Singh, as such neither the claimant is a party to the contract of insurance under the captioned policy nor he is the insured of the captioned vehicle. Thus, the claimant is not covered by the motor insurance policy in question as such Sh. Uday Vir Singh, the complainant has no insurable interest, which has not been transferred in his name. Hence, the answering opposite party is not liable to pay any amount of compensation under the policy to the complainant. The complainant is not entitled to get any claim from the answering opposite party on account of the alleged loss occurred on 16.02.2010 as such the complainant is not covered by the motor insurance policy in question, which has not been transferred in his name. The amount claimed Rs. 3,05,850/- is not only exorbitant, exaggerated, but also unjustified and away from the ground reality and quite disproportionate to damage, if any, sustained by the complainant. The complainant is not a consumer underConsumer Protection Act, 1986as amended. No cause of action has arisen to the complainant for demanding the cost of the said car as well as loss of goods and compensation for mental pain and agony etc. The complainant had himself admitted in the paragraph No. 3 of the complaint that he had purchased the said old used vehicle from one Sh. Ajay Bhatia on 25.01.2010. The answering opposite party has no legal relation with the claimant. The answering opposite party had made a contract of insurance regarding the vehicle in question with Smt. Nishi Rani who had sold the subjected vehicle to M/s Rohan Motors in exchange of her old used subjected vehicle in lieu of new one, o 31.12.2009 at 7:15 p.m.. After that point of time, PLACE AND DATE INSURED MS. NISHI RANI HAS NO INSURABLE INTEREST IN IT. AS SUCH ROHAN MOTORS LTD HAD CLEARLY MENTIONED IN DELIVERY RECEIPT THAT "WE ARE TAKING THE DELIVERY OF THIS VEHICLE ON 31.12.2009 AT 7:15 P.M. WE WILL BE RESPONSIBLE FOR ITS MAINTENANCE, ROAD TAX, INSURANCE, CHALLANS; ANY KIND OF MIS USE AFTER TAKING THE DELIVERY OF THIS VEHICLE. That during the earlier proceedings of MACT Case No. 79 of 2010 it come to the light that the M/s Rohan Motors Ltd., in turns sold the subjected vehicle to one Mr. Manmeet Singh for Guru Nanak Motors, 19, Civil Lines, Roorkee, District Haridwar on 09.01.2010 and Mr. Manmeet Singh had purchased the said vehicle on WITHOUT INSURANCE COVER AND HE ASSURED TO ROHAN MOTORS THAT "THE SAID VEHICLE HAD BEEN SOLD TO ME WITHOUT INSURANCE COVER AND I SHALL FORTHWITH GET THE VEHICLE INSURED IN MY/OUR NAME". The complainant has no insurance cover as well as registration of vehicle in his name at the alleged time and date of the alleged accident. That no insurance cover of the subjected vehicle was ever purchased by M/s Rohan Motors Ltd. from Mrs. Nishi Rani, the registered owner of the subjected vehicle nor M/s Rohan Motors had ever sold insurance cover to Mr. Manmeet Singh for Guru Nanak Motors, Haridwar on 09.01.2010. The complainant did not take any insurance cover from the answering opposite party as regard to subjected vehicle in question. The complainant knowingly and deliberately did not make party to Mrs. Nishi Rani, M/s Rohan Motors Ltd. & Mr. Ajay Bhatia in the complaint as he had made them parties in MACT case No. 79 of 2010; Uday Vir Singh vs. Sr. Divisional Manager, United India Insurance Co. Ltd. Hence, the complaint is bad for non-joinder of necessary parties. That on the intimation about the alleged accident of the subjected vehicle was furnished to the insurance company on 17.02.2010, the answering opposite party had taken immediate action for deputation of survey on the information of the alleged accident. The insurance company had deputed Mr. Anil Bansal, an independent and qualified surveyor for inspection and assessment of loss of the captioned vehicle. The surveyor submitted his report dated 08.03.2009, wherein it was mentioned that "Ms. Nishi Rani, the insured had already sold the car to M/s Rohan Motors Ltd., Noida. Even the claim intimation was not signed by the insured Ms. Nishi Rani, but was signed by one Sh. Mukesh and she was not having any insurable interest in it. However, the surveyor has assessed loss in the captioned vehicle and his observation was assessed net loss to the tune of Rs. 64,500/- only. The insurance company had deputed Mr. R. Choudhary, an independent and qualified investigator to investigate the matter who after investigation submitted his report dated 24.03.2010, wherein it came out that the insured has no insurable interest as on the date of accident. That on the basis of information and documents submitted by the insured as well as on the basis of the survey report and on the basis of the terms and conditions of the policy, the competent authority of the insurance company had found that the claim is not payable under the policy as such the insured had no insurable interest as on the date of accident. Under the circumstances, facts and material available, the competent authority has repudiated the claim and the same was intimated to the insured Ms. Nishi Rani vide letter dated 26.03.2010, therefore, there is no deficiency in services on the part of the answering opposite party. The claim of the complainant was rightly repudiated. The answering opposite party had never violated the contract of insurance. The complainant has no right to file the complaint on vague presumption about the policy. There is no provision to indemnify to any person who has no insurable interest in the vehicle. The allegations in the complaint are absolutely wrong and false and having no substance. The present consumer complaint is not maintainable in the eye of law.4. The District Forum on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 01.06.2013 in the above terms. Aggrieved by the said order, the opposite party-insurance company has filed this appeal.5. We have heard learned counsel for the parties and have also perused the record as well as the written submissions raised by the learned counsel for the complainant-respondent.6. There is no dispute regarding the fact that that the Maruti Car bearing registration No. UP14-Q-5103 was registered in the name of Smt. Nishi Rani and the aforesaid car was insured with the United India Insurance Co. Ltd. in the name of Smt. Nishi Rani for a period of one year from 08.04.2009 to 07.04.2010. It is also admitted that Smt. Nishi Rani had purchased a new car in exchange of her old Maruti Car from M/s Rohan Motors Ltd. in exchange scheme offer. There is also no dispute that intimation of loss regarding the said Maruti Car was furnished by some person for Smt. Nishi Rani, the insured.7. Learned counsel for the appellant has submitted that the Maruti Car in question was insured with the appellant in the name of Smt. Nishi Rani and she had sold the vehicle to M/s Rohan Motors Ltd. on 30.12.2009 in the exchange offer scheme. The vehicle was registered in the name of Smt. Nishi Rani till the date of accident. Learned counsel also submitted that the complainant has filed two papers dated 16.02.2010 regarding the transfer of the vehicle whereas as per the intimation given to the insurance company regarding the loss of vehicle, the said vehicle was met with an accident on 16.02.2010 as such there is no insurable interest of complainant in the vehicle at the time of accident. The insurance company was never informed by the complainant regarding the sale of the vehicle, which is clearly violation of the terms and conditions of the policy. Learned counsel has submitted that the District Forum has no jurisdiction to hear and decide the complaint, because the vehicle was insured from Delhi and the cause of action also arose at Delhi. The complainant has also not registered the vehicle in his name after its purchase and the company was never informed by the insured and the complainant regarding the sale of the vehicle. The complainant as well as the insured has not taken any step to transfer the insurance in the name of complainant, as such there is no insurable interest of the complainant in the vehicle at the time of loss. There is no contract between the insurance company and the complainant, as such, the insurance company had repudiated the claim of the complainant on genuine ground. The claimant is not covered by the motor insurance policy in question which has not been transferred in his name. The insurance of the insured vehicle ceased as regard to parties to the contract of insurance as and when the insured vehicle was sold out until and unless the purchaser of the insurance cover of the vehicle alongwith the purchased vehicle has got duly transfer of motor insurance policy in his name by surrendering the original policy and by applying a fresh proposal form to transfer the remaining portion of the policy in his name. Learned counsel argued that the claimant is not covered by the motor insurance policy in question, as such the complainant has no insurable interest, which has not been transferred in his name. The complainant is not a consumer underConsumer Protection Act, 1986as amended. No cause of action has arisen to the complainant for demanding the cost of the said car as well as loss of goods and compensation for mental pain and agony. The complainant did not take any insurance cover from the appellant-insurance company as regard to subjected vehicle in question. The claim of the complainant was rightly repudiated. There is no provision to indemnify to any person who has no insurable interest in the vehicle.8. Learned counsel for the respondent has filed written submission and has submitted that the respondent had purchased a Maruti car on 25.01.2010 worth Rs. 85,000/- at Roorkee, District Haridwar. This car was purchased from M/s Rohan Motors through one Sh. Ajay Bhatia. It was told by the seller that the Registration certificate and Insurance shall be obtained from the previous registered owner Smt. Nishi Rani and for that purpose the respondent went to Delhi on 16.02.2010 to obtain the paper of the vehicle. He received papers from Smt. Nishi Rani and coming back from Delhi, where this vehicle ablazed when fire was broken out in the engine of the vehicle and the engine as well as the goods in the vehicle were burnt. Learned counsel argued that he had submitted insurance cover, police report, fire report and report of surveyor before the District Forum. The surveyor has assessed a loss of Rs. 64,500/-. The appellant in its written statement has admitted before the District Forum that the car in question was covered by the insurance company on the date of accident. Learned District Forum has observed in the impugned judgment that due to fire in the engine, the vehicle in question burnt completely and the local police was informed and the vehicle was inspected and insurance company was informed, even then the insurance company did not pay the claim amount. Learned District Forum has also observed that the vehicle in question was purchased by the complainant from the authorized person of All India Car Dealer Association namely Sh. Ajay Bhatia worth Rs. 85,000/-. There is no other claimant of this vehicle. The vehicle was insured from 08.04.2009 to 07.04.2010. Learned District Forum has admitted that the complainant is the purchaser and owner in possession of the vehicle. The complainant obtained the documents of the vehicle on 16.02.2010 and the vehicle was damaged by fire on the same date. The vehicle was not in a position to move, therefore, the complainant could not get the registration and insurance of the vehicle in his name. An intimation of the accident was given to the insurance company well within time. Even then the insurance company repudiated the claim of the complainant by saying that there is no registration as well as insurance in the name of the respondent-complainant.9. The respondent himself has admitted in the consumer complaint as well as in the written submissions that he got the documents of vehicle, i.e. Registration Certificate as well as insurance from the previous owner Smt. Nishi Rani on 16.02.2010 and the vehicle met an accident in Delhi on the same date, therefore, he could not get the registration and insurance in his name. Therefore, it is very much clear that the respondent was neither a registered owner of the vehicle in question as he did not move the papers before the Registering Authority to get registration in his name and likewise he did not move any application to get the insurance cover transferred in his name after the registration of the vehicle in his name.10. Learned counsel for the appellant-insurance company has cited a decision of the Hon'ble National Commission in the case ofNew India Assurance Co. Ltd. vs. Ashok Thakur; I (2014) CPJ 128 (NC). In this case, the Hon'ble National Commission has held that the insurance policy was required to be transferred in the name of transferee on damages of vehicle as per India Motor Tariff Rules applicable from 30.06.2002. The respondent was entitled to 'own damages' of vehicle only if he had applied for transfer of insurance policy in his name within 14 days from date of transfer of registration certificate in his name. Transfer not done-Repudiation justified.Learned counsel also cited a decision of the Hon'ble National Commission in the case ofDidar Singh & Anr. vs. Reliance General Insurance Co. Ltd.; III (2014) CPJ 1 (NC). In this case, the Hon'ble National Commission has observed that the registration not transferred after sale - Insurable interest - Claim repudiated. Vehicle was not transferred in the name of purchaser after sale of vehicle. Handing over of possession amounts to sale and it was obligatory to get the insurance transferred. The provisions ofSection 157of Motor Vehicles Act, 1988 not complied with- Repudiation justified.Learned counsel for the appellant has also cited a decision of this State Commission in First Appeal No. 09 of 2009;The New India Assurance Co. Ltd. vs. Arvind Kumar & Anr. Inthis case, this Commission has held that the insurance policy is a contract between the registered owner and insurance company and the insurable interest is always with registered owner of the vehicle. The registered owner sold his vehicle to his wife, but the insurance policy was not transferred in the name of purchaser-wife. UnderSection 157 (2)of Motor Vehicles Act, 1988, it was essential for the purchaser to get insurance cover of the purchased vehicle within 14 days of Registration Certificate in his/her name. Therefore, in order to avail the benefit under the policy, there has to be a contract between the parties and de facto possession of the vehicle will not cover any legal right on respondent/complainant to avail the benefit under the policy.In the light of a decision of the Hon'ble National Commission in the case ofUnited India Insurance Co. Ltd. vs. V.C. Deendayal & Others, the State Commission has allowed the appeal and set aside the impugned order passed by the District Forum and dismissed the consumer complaint. These above noted citations are fully applicable in the instant case also. The complainant is neither the registered owner of the vehicle in question nor he got the insurance policy transferred in his name. Smt. Nishi Rani had purchased a new car in exchange offer against her old Maruti Car.She handed over this old car to M/s Rohan Motors Ltd. Smt. Nishi Rani had filed her written statement in MACT No. 79 of 2010; Uday Vir Singh vs. Divisional Manager, United India Insurance Co. and Others before M.A.C.T./A.D.J./Fast Track Court, Roorkee, in which she has categorically stated that she had exchanged the new vehicle with her old Maruti car on 31.12.2009. She does not know, who had purchased this vehicle from M/s Rohan Motors. In this way also Smt. Nishi Rani has no insurable interest in the vehicle in question. The respondent-complainant has not purchased the vehicle from Smt. Nishi Rani, rather one Sh. Manmeet Singh had purchased this vehicle from M/s Rohan Motors Ltd. and not Sh. Ajay Bhatia. The respondent is not covered by the Motor Insurance Policy in question, which has not been transferred in his name. Insurance of the insured vehicle ceased as regard to parties to the contract of insurance as and when the insured vehicle was sold out until and unless the purchaser of the insurance cover of the vehicle alongwith the purchased vehicle has got duly transfer of motor insurance policy in his name by surrendering the original policy and by applying a fresh proposal form to transfer the remaining portion of the policy in his name. The respondent-claimant is not covered by the Motor Insurance Policy in question and has no insurable interest. Hence, the appellant is not liable to pay any amount of compensation under policy to the respondent. We find force in the submissions advanced by the learned counsel for the appellant-insurance company.11. The District Forum has not properly considered the facts and circumstances of the case and has erred in allowing the consumer complaint per impugned order, which cannot legally be sustained and is liable to be set aside and the consumer complaint is liable to be dismissed. Consequently, the appeal is fit to be allowed.12. For the reasons aforesaid, the appeal is allowed. The impugned judgment and order dated 01.06.2013 passed by the District Forum, Haridwar is set aside and the consumer complaint No. 400 of 2011 is dismissed. No order as to costs.(MRS. VEENA SHARMA) (D.K. TYAGI) [HON'BLE MR. D. K. Tyagi, H.J.S.] PRESIDING MEMBER
[HON'BLE MRS. Veena Sharma] MEMBER |
c135cfdc-756c-5d15-a4f5-527c139f1202 | court_cases | Calcutta High CourtVictor Moses & Co. & Another vs Employees' State Insurance ... on 5 April, 2011Author:Debasish Kar GuptaBench:Debasish Kar GuptaWP No. 1504 of 2010
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
VICTOR MOSES & CO. & ANOTHER
Versus
EMPLOYEES' STATE INSURANCE CORPORATION & ORS.
BEFORE:
The Hon'ble JUSTICE DEBASISH KAR GUPTA
Date : 5th April, 2011.
Appearance:
Mr. Arunava Ghosh, Sr. Adv.
Mr. Soumya Majumdar, Adv.
The Court : None appears on behalf of the respondents whenthe matter is called on. No accommodation is prayed for.This writ application is directed against notices dated December
15, 1997, September 27, 2010, October 30, 2008 and September 27,
2010. By virtue of the aforesaid notices, the petitioner company was
directed to pay employer's contribution under theEmployees State
Insurance Act, 1948.It is submitted by the learned counsel appearing for the
petitioners that on the basis of the settled principle of law a firm
cannot come within the purview ofE.S.I. Act.2Let the affidavit-in-opposition in the matter be filed within four
weeks from date; reply thereto, if any, be filed within one week
thereafter. Liberty is given to the parties to mention the matter before
the appropriate Bench for early hearing after expiry of the aforesaid
periods.Considering the prima facie case involved in this matter, I find
that the balance of convenience and/or inconvenience is in favour of
passing an interim order. Therefore, the respondents are restrained
from taking further steps on the basis of the impugned notices till
disposal of this writ application.Liberty is given to the respondents to file application for
vacating, variation and/or modification of this order.All parties concerned are to act on a photostat signed copy of
this order on the usual undertakings.(DEBASISH KAR GUPTA, J.)
bp.AR(CR) |
e65872b2-0adf-53cc-95a4-c1e69702555b | court_cases | Delhi District CourtState vs Sarf Raj And Etc on 31 January, 20081
IN THE COURT OF MS. RAVINDER BEDI: METROPOLITAN
MAGISTRATE NEW DELHI
STATE VERSUS SARF RAJ AND ETC
FIR NO. 111/1994
P.S. S.N. Puri
U.S. 323/506/34IPC & 25 ofArms Act.
JUDGMENT1.Sr. No. of the Case : 249/2
2.Name of complainant :Mohd. Naseem
3.Date of incident :10.2.1994
4.Name of the accused :(1)Abbas Ahmad Khan son of
Late Shri Israr Ahmad R/o Village
Jalalpur, P.S. Naraina, District
Bulandshar, UP.
(2) Sarafraj son of Mohd. Asgar
Ali R/o 65, Jamia Nagar, Okhla
New Delhi at Present Student XIth
class Sr. Sec. School, Jamia
Nagar, New Delhi
(3) Mohd Asad Nizami Son of
Sayeed Ahmad Nizami R/o MIG
1761, T.R.I.L.D.A Colony,
Lucknow UP.
(Proclaimed Offender)
5.Offence complained of :U/S. 323/506/34IPC & 25 ofArms Act.
6.Plea of accused : Pleaded not guilty
7.Date on which the judgment
has been reserved :31.1.2008
8.Final Order : Acquitted.
9.Date of such Order : 31.1.2008
BRIEF REASONS FOR SUCH DECISION:1. Genesis of the prosecution case is that on 10.9.1994 at
1.10 PM at Opposite SRK Hostel of Jamia University on road,2Accused Mohd. Abbas and Sarfraz in furtherance of common
intention alongwith co accused Mohd. Asad Nijami (since PO)
gave simple injuries by fist and leg blows to complainant
Mohd. Nasim alongwith Mohd Ajam and Hasan. Further all the
accused criminally intimidated the complainant by saying
that they would finish the Afgan boys from JMI and Accused
Sarfraz was also having an open buttandar knife in his hand.2. It is case of prosecution that on 10.2.1994 SI Ram Lal
and Inspector Ram Kishan were present at Ansari Auditorium
Jamia Milia where they received information that a crowd
had gathered near the college. They reached there and
found that some boys were beating one Mohd. Nasim who
was tried to save and the crowd was scattered by police
officials. In the meanwhile, Proctor JMIU N.U Khan came over
who handed over a buttandar knife lying there on the floor to
police officials. Complainant Mohd Naseem narrated the
incident and stated that on 8.2.1994 Mohd. Ajam was having
a altercation with Mohd. Arshad Khan, Mohd. Nijam and
accused Sarafraj in canteen of University and the matter was
brought to the notice of Proctor and these all afore stated
three boys were issued show cause notice. Complainant
further states that at about 1.10 PM, Mohd. Ajam, Hassan,
Taimur alongwith him were standing near building canteen,
the afore stated three accused barged over and started
beating Hasan and Ajam stating that they would beat all3Afganis. Complainant alongwith his friends tried to escape
near Main Road but accused persons followed them. Further
complainant was again surrounded by Sarfaraj and Mohd.
Arshad who gave him fist and leg blows and started beating
him indiscreminatly. A huge crowd of student gathered but
nobody came to his rescue.3. A case was registered. The weapon of offence i.e knife
was taken into possession. As per prosecution case, accused
persons could not be arrested due to law an order problem
and put in column No. 2. After completion of the
investigation, charge sheet was filed against the accused
persons for the offences punishable under the said sections.
The court took cognizance of offence and summoned the
accused. All accused persons were summoned.4. It is pertinent to mention here that during trial, accused
Azad Nizami did not appear to face trial and had absconded
and as such vide order dated 10.1.2002 he was declared
proclaimed offender.5. On hearing arguments and appraisal of material on
record, court framed charge U/S 323/506/34IPCr/wSection
25of Arms Act against accused Mohd Abbas and Sarfraz to
which they pleaded not guilty and claimed trial.46. The Prosecution in order to substantiate its case has
examined only PW1 N.U Khan, Proctor of JMI University. This
witness failed to depose anything about this case. He has
completely resiled from his earlier version given to the police.
This witness was cross examined at length. He denied that his
statement was ever recorded by police. He also denied that
any quarrel ever took place at Ansari Auditorium between
Mohd. Naseem Afgani and others. This witness also denied
that he ever handed over any knife to the police or that the
same was seized. This witness has not supported the case of
prosecution.7. Material witnesses of the case are Mohd. Naseem and
Mohd Azam who have not been examined by prosecution
and as per repeated reports over process qua Mohd.
Naseem, he was not residing at the given addresses and thus
were not traceable. Process of another material witness
Mohd. Azam received with the report that he was residing as
a tenant and has left the address long back and his present
whereabouts were not known.8. Keeping in view the fact that PW1 Shri N.U. Khan has
turned hostile and has not supported the case of prosecution
and that other material witness Mohd. Naseem and Mohd.
Ajam remained unserved, the remaining witnesses in list filed
by prosecution are formal in character and their statements5pertain only to the steps taken during the course of
investigation. Case is of the year 1994. Ld. APP seeks one
more opportunity but keeping in view the afore said facts this
court did not feel it just to allow the request of Ld. APP and
request was declined. Since nothing incriminatory against the
accused has surfaced during trial, accused Mohd. Abbas and
Sarfraj, their statement U/S 313Cr.P.Cis dispensed with.
In view of the above facts & circumstances, prosecution has
not been able to prove the charges against the accused
Mohd. Abbas and Sarfraj and has been unsuccessful to
connect the crime with accused, the accused Mohd. Abbas
and Sarfraj stand acquitted. Their bail bonds cancelled and
surety discharged. File be consigned to record room. However
case shall be revived as and when accused Mohd. Asad
Nijami arrested or produced before the court.
Announced in the open
Court on 31.1.2008
(RAVINDER BEDI)
METROPOLITAN MAGISTRATE
NEW DELHI |
256293b6-0645-5212-9b8a-2036bc087e04 | court_cases | Kerala High CourtK.T.Simon vs M.V.George on 19 March, 2015Author:P.B.Suresh KumarBench:P.B.Suresh KumarIN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936
RFA.No. 114 of 2006 (F)
------------------------
OS 19/2003 of I ADDITIONAL DISTRICT COURT, ERNAKULAM
APPELLANTS/PLAINTIFFS:
-----------------------------------
1. K.T.SIMON, AGED 54,
S/O.THOMAS KONAMPURATH HOUSE, MANNAMANGALAM
MURIKKUMPARA, THRISSUR-14.
2. K.M.CHERIAN, AGED 48,
S/O.MATHAI, KOLLAMPADIYIL HOUSE, KOLANKUNDU
MANNAMANGALAM, THRISSUR.
3. P.U.POULOSE,
AGED 55, S/O.ULAHANNAN, PARACKAL HOUSE
MANNAMANGALAM, THRISSUR.
BY ADVS.SRI.BIJU ABRAHAM
SRI.B.G.BHASKAR
RESPONDENTS/DEFENDANTS:
---------------------------------------------
1. M.V.GEORGE, AGED 50,
S/O.VARKEY, MUNDASSERI HOUSE, KOLANKUNDU
MANNAMANGALAM, THRISSUR.
2. O.U.ELIYAS,
AGED 42, S/O.ULAHANNAN, OONNUKALLINGAL HOUSE
MANNAMANGALAM, TRICHUR DISTRICT.
3. K.A.BABU, AGED 40,
S/O.ABRAHAM, KOCHUNKOONAM MAMOOTTIL HOUSE
ASARIKADU, TRICHUR.
4. P.U.MATHACHAN,
AGED 43, S/O.ULAHANNAN, PARACKAL HOUSE
DARBAYIL, MANNAMANGALAM, TRICHUR.
5. REF.FR.PAULOSE,
VAKKANAMPADATHIL, AGED 66, S/O.KURIAN
VICAR OF THE ST.MARY'S ORTHODOX SYRIAN, CHURCH
MANNAMANGALAM, THRICHUR.
RFA.No. 114 of 2006
6. T.S.BOSE, AGED 35,
S/O.SCARIA, TACHERLIKKARA PUTHENPURAYIL, HOUSE
PUTHANKADU, P.O., VETTUKAD
TRICHUR DISTRICT.
R1-4&6 BY ADV. SRI.K.J.KURIACHAN
R5 BY ADV. SRI.ISAC SANJAY
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
19-03-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
P.B.SURESH KUMAR, J.
= = = = = = = = = = = = = = = = =
R.F.A.No.114 of 2006
= = = = = = = = = = == = = = = = =
Dated this the 19th day of March, 2015.
J U D G M E N TThe plaintiffs in O.S.No.19 of 2003 on the file of the 1st
Additional District Court, Ernakulam have come up in this appeal
aggrieved by the dismissal of the said suit.2. The plaintiffs are the parishioners of St.Mary's Orthodox
Syrian Church, Mannamangalam ('the church'). Defendants 5 and 6
are the duly appointed Vicar and Kaikkaran respectively of the church.
According to the plaintiffs, the church is a constituent Parish church of
Malankara Syrian Orthodox Church, hereinafter referred to as 'the
Malankara church', and is liable to be administered in accordance with
its 1934 constitution. It is alleged by the plaintiffs that defendants 1 to
4 and others had formed an organisation called Yacobaya Suriyani
Christian Church with a separate bye-law and are attempting to
oppose the administration of the church in accordance with the 1934
constitution of the Malankara Church. It is also alleged by the
plaintiffs that defendants 1 to 4 are attempting to compel defendants
5 and 6 to administer the church in accordance with the bye-law of the
Yacobaya Suriyani Christian Church. The plaintiffs, in theR.F.A.No.114/20062circumstance, claimed the following reliefs in the suit:(A) For a declaration that the St.Maray's Orthodox Syrian Church,
Mannamangalam is a Parish Church of the Malankara Orthodox Syrian
Church, liable to be administered under the 1934 Church Constitution
and for consequential injunctions.(B) Prohibiting defendants 1 to 4 and their supporters from passing
any resolution denigrating the 1934 constitution and the
constitutionally selected Thrissur Diocesan Metropolitan, approving the
applicability of the 2002 byelaws created at Puthencruz to the
St.Maray's Orthodox Syrian Church, and for remembering the names
of anyone other than that of the only true and rightful Catholicos, HH
Moran Mar Baselios Marthoma Mathews II and the Thrissur Diocesan
Metropolitan HG Yuhanon Mar Miletius in the Tubdein.
(C) And injunction against defendants 5 and 6 prohibiting them from
preparing the list of members eligible to attend the Parish assembly
except strictly in accordance with Section 7 of the 1934 constitution
and prohibiting them from admitting parishioners other than duly
qualified Parish Assembly members from entering the venue of the
Parish Assembly meeting.3. The defendants contested the suit, contending mainly that
the church is a public trust and the suit filed without obtaining leave of
the court as provided underSection 92of the Code of Civil Procedure
is not maintainable.4. The court below found that the church is a public trust andR.F.A.No.114/20063the suit filed without obtaining the leave of the court as provided
underSection 92(1)of the Code of Civil Procedure is not maintainable.
The court also found that in so far as the church was not made a party
to the suit, the suit is bad for non-joinder of necessary parties. On
merits, the court found that the plaintiffs are not entitled to the
declaration and injunction sought for in the suit. The plaintiffs are
aggrieved by the said decision.5. The fact that the suit was instituted without obtaining
leave of the court as provided for underSection 92of the Code of Civil
Procedure ('the Code'), is not in dispute.Section 92(1)of the Code
reads thus:"92. Public charities:- (1) In the case of any
alleged breach of any express or constructive trust created for
public purposes of a charitable or religious nature, or where the
direction of the Court is deemed necessary for the administration
of any such trust, the Advocate-General, or two or more persons
having an interest in the trust and having obtained the leave of
the Court, may institute a suit, whether contentious or not, in the
principal Civil Court of original jurisdiction or in any other Court
empowered in that behalf by the State Government within the
local limits of whose jurisdiction the whole or any part of the
subject-matter of the trust is situate to obtain a decree-(a) removing any trustee;
(b) appointing a new trustee;R.F.A.No.114/20064(c) vesting any property in a trustee;(cc) directing a trustee who has been removed or a person
who has ceased to be a trustee, to deliver possession of any trust
property in his possession to the person entitled to the possession
of such property;(d) directing accounts and inquires;(e)declaring what proportion of the trust property or of the
interest therein shall be allocated to any particular object of the
trust;(f) authorizing the whole or any part of the trust property to be
let, sold, mortgaged or exchanged;(g) settling a scheme; or(h) granting such further or other relief as the nature of the case
may require."It is settled that for the application ofSection 92of the Code, the
trust must be an express or constructive trust created for public
purposes of a charitable or religious nature, there must be an
allegation of breach of such trust, the suit must be a representative
one on behalf of the public and the relief claimed must be one of the
reliefs provided for in sub clauses (a) to (h) ofSection 92(1)of the
Code. The specific case of the plaintiffs is that the plaint schedule
church is a constituent Parish church of Malankara church.In St.
Peters Orthodox Syrian Church v. Fr. Abraham Mathews
(2011 (4) KLT 540) a Division Bench of this Court, relying on the
decision of the Apex Court inP.M.A.Metropolitan v. Moran MarR.F.A.No.114/20065Marthoma(AIR 1995 SC 2001), held that constituent Parish churches
of Malankara Church are public religious and charitable trusts to whichSection 92of the Code applies. The said judgment was rendered in
the context of a similar dispute in relation to St.Peter's Orthodox
Syrian Church, Puthencruz.Following the decision of this Court in
St.Peters Orthodox Syrian Church v. Fr. Abraham
Mathews (supra), a learned single Judge of this Court has also held
in A.S.No.768 of 1998 that St.Thomas Orthodox Syrian Church,
another constituent Parish church of Malankara Church, is also a public
trust of religious and charitable nature. Thus, the appellants cannot be
heard to contend that the church which is a constituent Parish church
of Malankara church is not a public trust.6. It is trite that only the allegations in the plaint need to be
looked into to see whether the suit falls within the ambit ofSection 92of the Code. As noticed above, the case of the plaintiffs is that the
church has to be administered in accordance with 1934 constitution
and the defendants who formed a new organisation is attempting to
remove the church out of the 1934 constitution of the Malankara
church. In other words, the plaintiffs are attributing breach of trust
against the contesting defendants.R.F.A.No.114/200667. It is not in dispute that the suit is one filed by the
plaintiffs in a representative capacity on behalf of the beneficiaries of
the church and not one instituted for vindication of their private rights.
Coming to the reliefs claimed in the suit, the main relief is for a
declaration that the church is a Parish church of the Malankara
Orthodox Syrian Church and is liable to be administered under the
1934 constitution of the Malankara Church. They have also claimed a
prohibitory injunction restraining defendants 1 to 4 and others from
passing any resolution denigrating the 1934 constitution of the
Malankara Church. They have further claimed a prohibitory injunction
restraining defendants 5 and 6 from preparing the list of persons
entitled to participate in the Parish assembly otherwise than in
accordance with the 1934 constitution of the Malankara church. It is
settled that a suit claiming any relief akin to the reliefs mentioned in
clauses (a) to (g) ofSection 92(1)of the Code, would also fall within
the ambit ofSection 92of the Code. [SeeCharan Singh v. Darshan
Singh(AIR 1975 SC 371)]. Going by the reliefs claimed in the suit,
the purpose of the suit is to ensure the administration of the church in
accordance with the 1934 constitution of the Malankara church. The
said relief would certainly come under clause (g) ofSection 92(1)ofR.F.A.No.114/20067the Code. The finding of the court below that the suit is not
maintainable is, therefore, in order.8. Since it is found that the suit is not maintainable for want
of sanction provided for underSection 92of the Code, I am not
examining the correctness of the finding rendered by the court below
on merits.In the result, the appeal is dismissed.Sd/-P.B.SURESH KUMAR, JUDGE.Kvs
// true copy //
PA TO JUDGE. |
1bdcfc87-160f-55c8-a378-5501d2c900ba | court_cases | Income Tax Appellate Tribunal - DelhiPurolator India Ltd.,, vs Assessee on 18 February, 2011IN THE INCOME TAX APPELLATE TRIBUNAL
[ DELHI BENCH "G" DELHI ]
BEFORE SHRI I. P. BANSAL, JM & SHRI K. D. RANJAN, AM
I. T. Appeal No. 5685 (Del) of 2004.
Assessment year : 2001-02.
M/s. Purolater India Ltd. [now known as Dy. Commissioner of Income-tax,
Mahle Filter System India Limited] Vs. C i r c l e : 14 (1),
1 - Sri Aurobindo Marg, N E W D E L H I.
N E W D E L H I - 110 016.
P A N / G I R No. AAA CP 5890 Q.
( Appellant ) ( Respondent )
Assessee by : Shri Neeraj Jain, C. A.; &
Shri Rohit Garg, C. A.;
Department by : Shri A. K. Monga, Sr. D. R.;
O R D E R.
PER K. D. RANJAN, AM :This appeal by the assessee for assessment year 2001-02 arises out of order of the ld. CIT
(Appeals)-XVII, New Delhi.2. In this case ITAT, Delhi Bench "G" vide order consolidated dated 18th February, 2011 in
ITA. No. 5685 (Del) of 2004 and 1927 (Del) of 2006 for assessment years 2001-02 and 2002-03
decided the appeals. One of the issues related to treatment of DEPB receipts for the purpose of
assessment. ITAT following the decision of Special Bench of the Tribunal in the case of
Topman Exports Vs. ITO 33 SOT 337 (Mum.) [SB] held that the amount of DEPB credit2I. T. Appeal No. 5685 (Del) of 2004.received / receivable will be chargeable to tax under section 28(iiid) of the Act. The assessing
officer was directed to exclude only the profit on transfer of DEPB from the profits of business
for the purpose of computing deduction under section 80-HHC of the Act.3. The assessee appealed against the order of the ITAT before Hon'ble Delhi High Court.
Hon'ble Delhi High Court vide their order dated 22/03/2011 had set aside the matter to the file of
the ITAT by holding that the decision of Special Bench in the case of Topman Exports (supra)
stands over-ruled by the decision of Hon'ble Bombay High Court in the case ofCIT Vs.
Kalpataru Colours & Chemicals[2010] 328 ITR 451 (Bom.) with the directions to decide the
appeal on merits after taking into account actual position of the case.4. During the course of hearing the ld. AR of the assessee conceded that the issue is
squarely covered by the decision of Hon'ble Bombay High Court in the case ofCIT Vs.
Kalpataru Colours & Chemicals(supra). On the other hand, the ld. Sr. DR supported the order
of the ld. CIT (Appeals). It was also submitted that the entire amount of DEPB receipts will be
taxable as business income and, therefore, no deduction under clause (baa) to section 80-HHC of
the Act will be available.He also placed reliance on the decision of Hon'ble Bombay High
Court in the case ofCIT Vs. Kalpataru Colours & Chemicals(supra).5. We find that this issue is covered by the decision of Hon'ble Bombay High Court in the
case ofCIT Vs Kalpataru Colours & Chemicals(supra). Hon'ble Bombay High Court has held
that the amount received on transfer of DEPB credit including the face value of the DEPB credit
would constitute profits of business under section 28(iiid) of the Act and, therefore, the entire
amount of DEPB received has to be excluded under clause (baa) of Explanation to section 80-
HHC of the Act. Hon'ble High Court while arriving at this decision observed that when section
28(iiid) specifically deals with profits realized on transfer of DEPB credit, it would be
impermissible as a matter of first principle to bifurcate the face value of the DEPB and the
amount received in excess of face value of DEPB.Since the issue is now covered by the
decision of Bombay High Court in the case ofCIT Vs Kalpataru Colours & Chemicals(supra)3I. T. Appeal No. 5685 (Del) of 2004.we set aside this matter to the file of the assessing officer with the direction to decide the issue
relating to exclusion of DEPB credits including profits thereon as per the decision of Hon'ble
Bombay High CourtCIT Vs Kalpataru Colours & Chemicals(supra) after affording the assessee
a reasonable opportunity of being heard.6. In the result, the appeal filed by the assessee is allowed, for statistical purposes.The order pronounced in the open court on : 26th August, 2011.Sd/- Sd/-
[ I. P. BANSAL ] [ K. D. RANJAN ]
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated : 26th August, 2011.
*MEHTA*
" Copy of the order forwarded to : -
1. Appellant.
2. Respondent.
3. CIT,
4. CIT (Appeals),
5. Sr. DR, ITAT, New Delhi.
True Copy. By Order.
Assistant Registrar, ITAT. " |
4664dda5-e92f-5cbe-9729-2f0b0093be6c | court_cases | Delhi High CourtShri Sunil Kumar Rajput vs Government Of Nct Of Delhi And Others on 27 August, 2009Author:S.N. AggarwalBench:S.N. Aggarwal* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C.) No. 4808/2008
% Date of Decision: 27th August, 2009
# SHRI SUNIL KUMAR RAJPUT
..... PETITIONER
! Through: Mr. Pankaj Gupta, Advocate.
VERSUS
$ GOVT OF NCT OF DELHI & ORS.
.....RESPONDENTS
^ Through: Mr. Kapil Dua for respondent No. 4.
Mr. Arvind Sharma for respondent No. 5.
CORAM:
Hon'ble MR. JUSTICE S.N. AGGARWAL
1. Whether reporters of Local paper may be allowed to see
the judgment? YES
2. To be referred to the reporter or not?YES
3. Whether the judgment should be reported in the
Digest?YES
S.N.AGGARWAL, J (ORAL)The workman in this writ petition seeks to challenge two orders i.e.(i) order dated 18.01.2007 passed by the Labour Court dismissing his
claim under Section 33 (C)(2) for earned wages for the period from
March, 2005 till August, 2005 and (ii) order dated 07.01.2008 passed by
the appropriate Government declining to refer the dispute raised by the
workman for adjudication to the Labour Court.2 Heard.3 The petitioner was appointed as a senior Scanner Operator at a
salary of Rs.13,000/- per month with respondent No. 3 company in 1989.
The petitioner was allegedly terminated by respondent No. 3 company
from its service w.e.f. 26.04.2006. Before termination of his services, theW.P.(C) No.4808/2008 Page 1 of 5management had not paid his salary from March, 2005 onwards. Since
the petitioner was not paid his salary from March, 2005 till July, 2007, he
filed an application underSection 33 (C)(2)of the Industrial Disputes Act,
1947 before the Labour Court and claimed an amount of Rs.65,000/- on
account of earned wages for the period from March, 2005 to July, 2005.
This application underSection 33 (C)(2)filed by the petitioner was
dismissed by the Labour Court vide impugned award dated 18.01.2007
stating that the petitioner was not entitled to the amount claimed by him
underSection 33 (C)(2)as there was no adjudication in the matter. The
petitioner before filing of his application underSection 33 (C)(2)had filed
a complaint before the Labour Officer stating that he was not paid salary
from March, 2005 onwards and in response to notice of that complaint,
Mr. Arun Sharma, one of the Directors of respondent No. 3 company
(respondent No. 4 herein) had appeared before the Labour Officer and
admitted the claim of the petitioner for salary up to 31.05.2005.
Respondent No. 4 who appeared before the Labour Officer and made a
statement admitting the claim of the petitioner for salary up to
31.05.2005 did not dispute the assertion of the petitioner that he was not
paid his salary from March, 2005 or even the amount of his salary being
Rs.13,000/- per month at that time. It seems that the Labour Court while
dismissing the claim of the petitioner underSection 33 (C)(2)vide
impugned award dated 18.01.2007 has ignored this vital admission of the
management of respondent No. 3 company. The Labour Court could not
have declined the admitted earned wages for the period from March,
2005 up to 31.05.2005 in view of admission about the same made by the
management of respondent No. 3 company before the Labour Officer. At
least the petitioner was entitled to salary of three months from March,
2005 to 31.05.2005 at the rate of Rs.13,000/- per month in view ofW.P.(C) No.4808/2008 Page 2 of 5admission of respondent No. 4 before the Labour Officer (at page 12 of
the paper book). The Labour Court also could not have dismissed the
application of the petitioner underSection 33 (C)(2)even for the period
after 31.05.2005 and in fact it should have decided whether the
petitioner was paid salary by the management of respondent No. 3
company after 31.05.2005 till 31.07.2005, the claim made by the
petitioner in his application underSection 33 (C)(2). This aspect was
required to be considered and decided by the Labour Court while
deciding the application of the petitioner underSection 33 (C)(2)and his
claim even for the period from 01.06.2005 to 31.07.2005 could not have
been rejected on the ground that the same requires adjudication as
mentioned in the impugned award dated 18.01.2007.4 For the foregoing reasons, I have no hesitation in holding that the
impugned award dated 18.01.2007 passed by the Labour Court on the
petitioner's application underSection 33 (C)(2)suffers from perversity
and cannot be sustained in law. The said award is, therefore, set aside.
The petitioner is held entitled to salary of Rs.39,000/- being salary for
three months from 01.03.2005 up to 31.05.2005 as this is admitted by
the management of respondent No. 3 before the Labour Officer on
31.05.2005. The management of respondent No. 3 is, therefore, directed
to pay an amount of Rs.39,000/- to the petitioner within four weeks from
today. The case is remanded back to the concerned Labour
Court/successor court for deciding the claim of the petitioner underSection 33 (C)(2)for the salary for the period from 01.06.2005 till
31.07.2005 after giving an opportunity of hearing to both the parties as
per law. The parties are directed to appear before the concerned Labour
Court/successor court for directions at 02:00 PM on 11.09.2009. The
concerned Labour Court is directed to decide the dispute between theW.P.(C) No.4808/2008 Page 3 of 5parties underSection 33 (C)(2)as expeditiously as possible preferably
within six months to be reckoned from 11.09.2009.5 Now coming to the second impugned order dated 07.01.2008
passed by the appropriate Government declining to refer the industrial
dispute raised by the petitioner relating to his alleged termination from
the service of respondent No. 3 w.e.f. 26.04.2006, it may be noted that
the Government has declined to refer the dispute for adjudication to the
Labour Court on the ground that the petitioner should make a claim
underSection 33 (C)(2)because he admits the closure of respondent No.
3 company. It is not indicated in the impugned order dated 07.01.2008
by which the Government has declined to refer the dispute raised by the
petitioner to the Labour Court for adjudication as to on which date
respondent No. 3 company was closed. The petitioner had raised a
dispute alleging his illegal termination from the service of respondent No.
3 w.e.f. 26.04.2006. The management of respondent No. 3 pleads closure
of its establishment without indicating the date when it was closed down.
Even if respondent No. 3 company was closed down as alleged by the
said company, still the question for adjudication arises as to what relief
the petitioner was entitled to on account of such closure. This question
could have been decided only by the Labour Court/Industrial Tribunal.
The Government could not have declined reference of the dispute raised
by the petitioner on the ground that he should go and file a claim before
the Labour Court underSection 33 (C)(2). Unless an adjudication takes
place on the point that the petitioner's services were illegally terminated
or his services were dispensed with on account of closure of
establishment of respondent No. 3 company, no claim underSection 33
(C)(2)would lie. The impugned order dated 07.01.2008 passed by the
Government declining to refer the dispute raised by the petitioner forW.P.(C) No.4808/2008 Page 4 of 5adjudication to the Industrial Adjudicator also suffers from perversity and
cannot be sustained in law. The said order is, therefore, set aside. The
appropriate Government is directed to reconsider the case of the
petitioner for referring the dispute raised by him for adjudication to the
Industrial Tribunal as per law. The parties are directed to appear before
the authorities competent to refer the dispute at 10:30 AM on
08.09.2009.6 This writ petition is allowed in terms referred hereinabove.A copy of this order be sent to the concerned Labour Court for
information and necessary compliance.Order dasti.AUGUST 26, 2009 S.N.AGGARWAL, J
'a'W.P.(C) No.4808/2008 Page 5 of 5 |
7e10631b-3b18-51eb-a42c-a50a384a0d10 | court_cases | Uttarakhand High CourtNasir vs State Of Uttarakhand on 22 November, 2017Author:Sudhanshu DhuliaBench:Sudhanshu DhuliaIN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION
Dated: Nainital: November 22, 2017
First Bail Application No. 1794 of 2017
Order on the bail application of accused.
Criminal Side
Nasir ........... Applicant
Versus
State of Uttarakhand ...... Respondent
Hon'ble Sudhanshu Dhulia, J. (Oral)Heard Mr. Lalit Sharma, Advocate, for the
applicant and Mr. Subhash Tyagi Bhardwaj, Deputy
Advocate General, for the State of Uttarakhand.The applicant is in jail having been implicated in
FIR No.72 of 2017, which has been registered underSections 307/504of IPC and underSection 2of the
Prevention of Insults to National Honour Act, 1971, at Police
Station - Kaladhungi, District-Nainital.Learned counsel for the applicant submits that
charge sheet has already been filed in the matter and there
is no occasion for the applicant tampering with the evidence.Considering the overall evidence, which is
presently available before this Court and the fact that the
applicant is in jail since 16.08.2017, prima facie, the
applicant has been able to make out a case for bail. The bail
application is allowed accordingly.Let the applicant be enlarged on bail in the
aforesaid crime on his executing a personal bond and two
reliable sureties each of the equal amount to the satisfaction
of the Magistrate/court concerned.It is made clear that any observations made by
this Court are only for the purposes of grant of bail. It shall
not be taken into consideration at all in any other
proceedings.(Sudhanshu Dhulia, J.)
22.11.2017
Nitesh |
012af6f2-d803-5aaf-95de-96886c371853 | court_cases | Gujarat High CourtIndian vs A on 16 February, 2006Author:M.R. ShahBench:M.R. ShahSCA/562/1997 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 562 of 1997
=========================================
INDIAN
SYSTEM OF MEDICINE DOCTORS ASSOCIATION (ISM) - Petitioner(s)
Versus
A
G SHAH & 5 - Respondent(s)
==========================================
Appearance
:
MR
HARIN P RAVAL for
Petitioner(s) : 1 - 9.
RULE SERVED for Respondent(s) : 1,
DS
AFF.NOT FILED (R) for Respondent(s) : 2,
MR KIRIT I PATEL for
Respondent(s) : 3,
GOVERNMENT PLEADER for Respondent(s) : 4,
MR
NV ANJARIA for Respondent(s) : 5,
MRS VD NANAVATI for
Respondent(s) :
6,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/02/2006
ORAL
ORDERIt
is reported that there is a leave-note of Shri N.V.Anjaria, learned
advocate appearing on behalf of the respondent No.5. This matter is
of the year 1995 however, in the interest of justice and as a last
chance, S.O. to 28th February, 2006. On that date,
irrespective of sick-note or leave-note of any counsel, the matter
will be decided on merits.(M.R.SHAH,
J.)
kdc. |
c825ef4c-bfec-5ef2-a505-e918100cefa1 | court_cases | Calcutta High CourtM/S. U. Con vs Union Of India on 26 July, 2016Author:Soumen SenBench:Soumen SenAP No.409 of 2016
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
M/S. U. CON
-Versus-
UNION OF INDIA
Appearance:
Mr. Surajit Sen, Adv.
Mr. Tapas Sinha, Adv.
...for the petitioner.
Mr. Arun Kumar Mishra, Adv.
...for the respondent.BEFORE:The Hon'ble JUSTICE SOUMEN SEN
Date : 26th July, 2016.The Court : There is no dispute either as to the
existence of arbitration agreement or that the dispute has arisen
out of the said arbitration agreement and are required to be
decided and resolved through arbitration. The parties were not in
dispute that the disputes were covered by the arbitration clause
and an Arbitrator is required to be appointed to decide the issues
raised by the petitioner.It is not in dispute that the petitioner has raised
certain disputes and a notice for appointment of Arbitrator was
sent to the respondents on 12th August, 2015. The appointing
authority, however, has failed to appoint an Arbitrator within a
period of 30 days from the date of receipt of the said request.2The appointing authority appears to have sat over the
notice underSection 21of the Arbitration and Conciliation Act,
1996 for a period of more than the judiciary recognized outer
limit of 30 days.In view of the failure to appoint an Arbitrator, the
present request has been made for appointment of an Arbitrator
underSection 11of the Arbitration and Conciliation Act, 1996.The petitioner says that upon the failure of the
appointing authority to respond to the notice invoking arbitration
agreement or appointing an Arbitrator within the judicially
recognized period of 30 days, such authority has forfeited its
right to make any appointment and the Hon'ble Chief Justice and/or
her designate can only appoint an Arbitrator.In view of the failure to appoint an Arbitrator within
the judicially recognized period of 30 days, a valuable right has
accrued in favour of the petitioner and the petitioner is entitled
to carry such a request to the Chief Justice of this Court or her
designate.Accordingly, Justice Tapan Kumar Dutt, a retired Judge
of this Court is appointed as an Arbitrator at a consolidated
remuneration in accordance with theFourth Schedule to the Amended
Actof 1996 to be shared by the parties in equal measure at the
first instance subject to the direction as to costs as may be
contained in the final award.3The arbitrator is requested to conclude the reference
within a period of eight months of the statement of claim being
lodged before him.A.P.No.409 of 2016 is, accordingly, disposed of. There
shall be no order as to costs.(SOUMEN SEN, J.)
A/s. |
05864158-c854-580b-98a7-c0ff01a5ead8 | court_cases | Patna High Court - OrdersM/S Jagdamba Ispat Pvt.Ltd. vs The State Of Bihar & Ors on 20 November, 2008Author:Kishore K. MandalBench:Kishore K. MandalIN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1583 of 2005
*****
M/s Jagdamba Ispat Pvt. Ltd. situated at village Nasriganj, P.O.
Digha, District-Patna through its Director Sri Ajay Kumar Goyanka
son of Sri Satyanarayan Goyanka.
.... .... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar,
Patna.
2. The Commissioner, Finance (Commercial Taxes), New
Secretariat, Vikash Bhawan, Bailey Road, Patna.
3. The Assistant Commissioner, Commercial Taxes, Danapur
Circle, Danapur, Patna.
.... .... Respondents
-----------
For the Petitioner : Mr. Y.V. Giri, Senior Advocate
Mr. Raju Giri, Advocate
For the Respondents : Mr. Raj Nandan Prasad, Junior
Counsel to Advocate General
-----------
PRESENTHon'ble the Chief Justice
&
Hon'ble Mr. Justice Kishore K. Mandal-----------Dated, the 20th November, 2008.The senior counsel for the petitioner and Mr. Raj Nandan
Prasad, Junior Counsel to Advocate General are ad idem that the
controversy raised in the writ petition is squarely concluded by the
Division Bench decision of this Court in the case of M/sIndian Oil
Corporation Limited & Anr. V. The State of Bihar & Ors., 2007(1)
PLJR 502. Althoughthe said decisionhas been carried in appeal-2-before the Supreme Court, but so far as this Court is concerned, we
are satisfied that the writ petition may be disposed of in the light of
the decision in the case of M/s Indian Oil Corporation Limited. The
parties, will of course be at liberty to pursue their remedy before the
Supreme Court, if they are so advised.2. In the light of the submissions made by the senior
counsel for the petitioner and Mr. Raj Nandan Prasad, Advocate
General, we are satisfied that this writ petition may be disposed of in
terms of paragraph 69 and 70 of the decision in the case of M/s Indian
Oil Corporation Limited. Paragraph 69 and 70 of the judgment of this
Court in the case of M/s Indian Oil Corporation Limited read thus: -"69. In light of the above discussions, I may
summarize the conclusion as follows:(i) The levy under the parent Act of 1993, before
its amendments, was not compensatory in character and
was, therefore, violative ofArticle 301of the
Constitution.(ii) The parent Act of 1993, before its
amendments, was nevertheless saved by virtue ofArticle
304 (b)of the Constitution and the decision in Bihar
Chamber of Commerce to that extent remains
subsisting till date.(iii) The amendments introduced in the Act by
amending Acts 10 of 2001 and 9 of 2004 were bad
because the former made the Act violative ofArticle 304(a) of the Constitution and further because both the
amendments were made without the previous sanction of
the President.(iv) The introduction of imported goods within the
definition of `Entry of Goods' was bad for being
retrospective as also for want of the Presidential
sanction/assent.-3-(v) After the 2006 Amendment the levy under the
Act acquired the nature of a compensatory tax and the
Act in its present form is a valid piece of legislation.70. In light of the above discussions, the two cases
are fit to be allowed because they relate to the period
2001-2006. But I would refrain from making any order or
direction in that regard since the matter is already
pending before the Supreme Court."3. We dispose of the writ petition in terms of the
aforesaid order with no order as to cost.R. M. Lodha, CJ
Kishore K. Mandal, J
Pawan/- |
12ca914a-5038-5f42-af6a-ee4c77efa7a5 | court_cases | Patna High CourtSarbada Nand Pandey & Anr vs State Of Bihar on 17 April, 2013Author:Rajendra Kumar MishraBench:Rajendra Kumar MishraIN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.749 of 2002
===========================================================
1. Sarbada Nand Pandey.
2. Akshyabar Pandey, both sons of Kamlakar Pandey, Resident of Purbi Rauza,
P.S.- Chapra Town, District- Saran.
.... .... Petitioners.
Versus
The State of Bihar.
.... .... Opposite Partis.
===========================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Mishra, Advocate.
For the Opposite Parties : Mr. Dashrath Mehta, A.P.P.
===========================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL JUDGMENTDate: 17-04-2013
Rajendra Kumar Head the parties.Mishra, J
This Criminal Revision is directed against the judgment
and order dated 19.08.2002 passed in Sessions Trial No. 434 of 1995
by the court of Ist Additional Sessions Judge, Saran at Chapra
whereby the petitioners were held guilty underSection 323/34of the
Indian Penal Code instead ofSection 307/34of the Indian Penal Code
and sentenced to undergo simple imprisonment for two months and
also directed to pay fine of Rs.200/- which would be payable to
informant by way of compensation. In default of payment of fine the
further simple imprisonment for one month.The prosecution case in brief is that the informant, Ram
Pravesh Pandey (C.W.2) gave his Fardebyan (Ext.1) on 10.05.1995 at
about 4.40 A.M. at Sadar Hospital, Chapra before the Sub-Inspector,
Patna High Court CR. REV. No.749 of 2002 dt.17-04-20132Mathura Prasad of Chapra Town Police Station to the effect that in the
preceding night at about 2-2.30 O' clock he had slept on the
Varamdah of his clothes shop and on hearing an alarm he woke up. In
the meantime, Sarbadanand Pandey, son of Kamlakar Pandey caught
him and his brother Akshyabar Pandey gave the Farsa blow on his
head, as a result of which he sustained injury. On alarm being raised
by him, Nand Kumar who had also slept there woke up and called his
family members and they carried him at Sadar Hospital, Chapra for
his treatment. The cause of occurrence is said to be the old land
dispute.On the basis of fardebyan of the informant, Ram Pravesh
Pandey (C.W.2), as recorded on 10.05.1995, Chapra Town P.S. Case
No. 108 of 1995 was instituted underSections 452,323,324and307of the Indian Penal Code. The police on investigation of the case
submitted the chargesheet against the petitioners in the aforesaid
Sections and on taking cognizance of the offence the case was
committed to the court of Sessions where petitioners were charged
underSection 307/34of the Indian Penal Code for trial
In support of its case, prosecution examined three
witnesses, namely, Munna Sharma (P.W.1), Ram Naresh Pandey
(C.W.1) and Ram Pravesh Pandey (C.W.2) who is the informant of
the case.Patna High Court CR. REV. No.749 of 2002 dt.17-04-20133The learned Ist Additional Sessions Judge, Saran at Chapra
on consideration of the materials and evidence available on the record
held guilty to the petitioners and sentenced them as stated above
through the impugned judgment and order.The learned counsel appearing on behalf of the petitioners
submits that the learned Ist Additional Sessions Judge, Saran at
Chapra has committed illegally in relying on the evidence of
informant, Ram Pravesh Pandey (C.W.II), which is without
corroboration and he has also doubted the Fardebyan saying that it
was not read over to him by Daroga Ji and he had put his signature on
the same but on showing the Fardebyan (Ext.1) told that Fardebyan is
not bearing his signature. It has also been submitted that informant
has himself admitted that there is old land dispute between him and
the petitioners.P.W. 1, Munna Sharma, who is the Advocate's Clerk, has
formally proved the Fardbyan which is marked as Ext. 1, but he has
stated in his cross-examination that Fardebyan was not written before
him and he has no knowledge about the case.C.W.1, Ram Naresh Pandey, who is the brother of the
informant Ram Pravesh Pandey (C.W.-2), has stated in his evidence
that on 10.05.1995 at about 2.30 O' clock, he woke up on sound of
Nand Kumar, who is tea-shopkeeper. He informed him that accused
Patna High Court CR. REV. No.749 of 2002 dt.17-04-20134Akshibar Pandey and Sarvadanand Pandey have assaulted to his
brother Ram Pravesh Pandey (C.W.-2). He went there and found that
his brother Ram Pravesh Pandey (C.W.2) pooled with blood and he
disclosed that Sarbadanand Pandey had caught hold him and
Akshyabar Pandey gave the Farsa blow on his head. This witness has
further stated in his cross-examination that there was litigation
regarding land underSections 144and145of the Cr.P.C. and the
accused are his cousin.C.W.2, Ram Pravesh Pandey, who is the informant of the
case has stated in his evidence that on 10.05.1995, he had slept in his
shop. At about 2.30 O' clock in the night he woke up on hearing an
alarm then saw that accused Sarbadanand Pandey and Akshyabar
Pandey were present there. He tried to flee away, but Sarbadanant
Pandey caught hold him and Akshyabar Pandey gave the Farsa blow
on his head, as a result of which he sustained injury. Thereafter both
the accused fled away. After sometime, he called Nand Kumar who
was also slept there at his shop who woke up and called his brother
Ram Naresh Pandey (C.W.I). In the meantime, many persons gathered
there and carried him at Chapra Hospital for his treatment. The police
came there and recorded his statement, but the same had not been read
over to him. While he wanted to put his L.T.I. due to injury but
Daroga Ji told him to put his signature, thereafter, he put his signature
Patna High Court CR. REV. No.749 of 2002 dt.17-04-20135on the Fardebyan. Upon seeing the Fardebyan this witness has stated
that this Fardebyan is not bearing his signature which is marked as
Ext. 1.On perusal of record it appears that the doctor who
examined the informant Ram Pravesh Pandey (C.W.2) has not been
examined even the informant has also doubted the Fardebyan saying
that the same was not read over to him and he put his signature on
Fardebyan (Ext.1), but on seeing the Fardebyan he told that his
signature is not on the Fardebyan (Ext.1). As such the conviction and
sentence of the petitioners on the basis of uncorroborated testimony of
informant Ram Pravesh Pandey (C.W.2) is unjustified and bad in law.In the result this criminal revision is allowed. The
impugned judgment and order dated 19.08.2002 is set aside and the
petitioners are acquitted of the charge and discharged from the
liabilities of their bail bonds.(Rajendra Kumar Mishra, J)
Patna High Court
Dated 17.04.2013
N.A.F.R/Bhardwaj |
39ef472c-6456-5b2e-a40a-606bf6b80baa | court_cases | Madras High CourtKaliathal vs Murugathal on 10 November, 2006Author:K.Raviraja PandianBench:K.Raviraja PandianIN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.11.2006
CORAM:
THE HONOURABLE MR. JUSTICE K.RAVIRAJA PANDIAN
Civil Revision Petition (PD) No.521 of 2004
and
C.M.P. No.5309 of 2004
- - - - -
Kaliathal .... Petitioner
Vs.
1. Murugathal
2. Maheswari
3. Udhaya Raja
4. Udhaya Malar
5. Sangliammal .... Respondents
- - - - -
PRAYER: Civil Revision Petition is filed underArticle 227of the Constitution of India praying to set aside the order dated 25.9.2003 made in I.A.No.1267 of 2003 in O.S.No.234 of 1997 on the file of District Munsif's Court, Dharapuram.
<> <> <> <> <>
For petitioner : Mr.R.Asokan
For Respondent : Mr.D.Kailash Kumar
<> <> <> <> <>
O R D E RAggrieved by the order of the trial Court dated dated 25.9.2003 made in I.A.No.1267 of 2003 in O.S.No.234 of 1997 non-suiting the petitioner for the relief of reopening the case to enable her to file additional written statement claiming the relief of declaration to declare her also as one of the wedded wife of the deceased Bala Dhandapani, the present civil revision petition is filed.2. The facts giving rise for filing the present revision are as follows:The respondents herein as plaintiffs filed the suit in O.S.No.234 of 1997 on the file of the District Munsif's Court, Dharapuram for declaration declaring the first respondent as the wife and respondents No.2 to 4 as the children of the deceased Bala Dhandapani. The petitioner herein filed a written statement defendant the suit. By filing the present application in I.A.No.1267 of 2003, the petitioner sought permission of the Court to file an additional written statement for declaring the petitioner also as the legally wedded wife of the deceased Bala Dhandapani by offering to pay necessary court fees.3. The said application has been rejected by the trial Court on the premise that the suit has already been listed for trial and evidence on behalf of the plaintiff has been examined and at a belated stage the application of the petitioner cannot be allowed and the same is filed only to protract the proceedings. The correctness of the said order is now put in issue in this revision.4. Learned counsel appearing for the respondents very strenuously contended that the order of the trial Court cannot be regarded as an illegal. As the trial of the suit has already been commenced, the pleadings cannot be allowed to be amended. Earlier two applications filed by the petitioner for re-opening the case and recalling the witnesses have also been dismissed and thus strenuously contended that the stage of the suit has reached almost finality. In such circumstances, the amendment sought for by way of filing an additional written statement cannot at all be allowed. On that ground, the order of the trial Court needs no interference by this Court.5. To sustain the said argument, the learned counsel for the respondents relied on a decision of this Court in the case ofS.AHMED MEERA VS. S.KUMARASWAMYreported in 2006(1) CTC 55 and that of the Supreme Court in the case ofBALDEV SINGH VS. MANOHAR SINGHreported in AIR 2006 SC 2832.6. I heard the argument of the learned counsel on either side and perused the material on record.7. The respondents herein filed a suit for declaration to declare the first respondents as wife and respondents 2 to 4 as legal children of the deceased Bala Dhandapani and as such they are the legal representatives of the Deceased Bala Dhandapani who was working in the I.O.C.L. The petitioner herein filed another suit in O.S.No.138 of 1998 for an injunction by impleading the respondents herein along with I.O.C.L. restricting the disbursement of the death-cum-retirement benefits of the deceased Bala Dhandapani, as she was also claiming herself as wife of the deceased Bala Dhandapani, of course, that is an injunction suit only.8. The trial Court has recorded a statement that earlier two applications filed by the petitioner for reopening and recalling have been rejected. But what is the reason for filing such applications is not available on record. Of course the disposal of those applications cannot be regarded as germane to decide the issue involved in this revision. In this case, a rustic villager, who is solely depending upon the advice of her advocate, has filed the present application seeking to reopen the case to file additional written statement to declare the petitioner also as a legally wedded wife of the deceased Bala Dhandapani by offering to pay necessary court fee to that effect. That aspect of the matter cannot be stated to be against the provisions. When the plaintiffs are seeking the relief very cleverly couched in favour of them, the petitioner/defendant can also seek the relief in her favour by making the amendment in the written statement. that was factually done in this case also.9. The decision of the Supreme Court relied on by the learned counsel for the respondents cannot be understood in an abstract fashion. While proceeding with the judgment, in paragraph No.7, a preface of the judgment has been stated with regard to the law on the subject. To put it in the words of the Supreme Court, it reads as follows at paragraph No.8:"It is well settled by various decisions of this Court as well as the High Courts in India that Courts should be extremely liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side.In this connection, reference can be made to a decision of the Privy Council inMa Shwe Mya v. Maung Mo Hnaung(AIR 1922 P.C. 249) in which the Privy Council observed:"All rules of courts are nothing but provisions intended to secure the proper administration of justice and it is, therefore, essential that they should be made to serve and be subordinate to that purpose, so that full powers of amendment must be enjoyed and should always be liberally exercised, but nonetheless no power has yet been given to enable one distinct cause of action to be substituted for another, nor to change by means of amendment, the subject-matter of the suit."10. The Supreme Court inthe said judgmentfurther proceeds that
"Order 6 Rule 17 of the Code of Civil Procedureconsists of two parts. The first part is that the Court may at any stage of the proceedings allow either party to amend his pleadings and the second part is that such amendment shall be made for the purpose of determining the real controversies raised between the parties. Therefore, in view of the provisions made underOrder 6 Rule 17 of the CPCit cannot be doubted that wide power and unfettered discretion has been conferred on the Court to allow amendment of the pleadings to a party in such manner and on such terms as it appears to the Court just and proper. While dealing with the prayer for amendment, it would also be necessary to keep in mind that the Court shall allow amendment of pleadings if it finds that delay in disposal of Suit can be avoided and that the suit can be disposed of expeditiously.By the Code of Civil Procedure (Amendment) Act, 2002a proviso has been added to Order 6 Rule 17 which restricts the Courts from permitting an amendment to be allowed in the pleadings either of the parties, if at the time of filing an application for amendment, the trial has already commenced. However, Court may allow amendment if it is satisfied that in spite of due diligence, the party could not have raised the matter before the commencement of trial."11. Learned counsel for the respondents heavily relied on paragraph No.17 of the judgment, wherein the Supreme Court observed that:"the proviso toOrder 6 Rule 17 of the CPCprovides that amendment of pleadings shall not be allowed when the trial of the Suit has already commenced. "What was the stage which can be regarded as commencement of trial has been subsequently dealt with by the Supreme Court. The abstract reading of a particular sentence cannot be appreciated. The finding rendered by the Court in the decision is if the Court is satisfied that the amendment could not be carried out by the parties to the proceedings in spite of due diligence, the proviso provides for granting of the relief, so is the decision of the learned single Judge of this Court reported in 2006(1) CTC 55, with which reliance has been placed by the respondents.12. As already stated, here is a case in which the petitioner seeks a declaration in her favour by filing an application to reopen her case to file an additional written statement to declare her as one of the legally wedded wife. On the very same ground, she filed a suit for injunction against the I.O.C.L., for injuncting them not to disburse the retirement benefits, which is also based on the same reason. Hence, it is not a new case projected by the petitioner herein.13. As already stated, the rustic people, who depend upon the advise of the counsel appearing for them, cannot be faulted and that did not take due diligence while filing their earlier written statement. Furthermore the amendment, if allowed, that would avoid multiplicity of proceedings by filing another suit, which also avoid the conflicting judgments rendered by the Court in a suit filed by the respondents for declaration and the suit to be filed by the petitioner seeking same prayer in a subsequent suit. Having regard to the above said facts, this Court is of the considered view that the interest of justice would be met if the petitioner is allowed to raise the pleas by paying necessary fee. The necessary corollary would be the order of the trial Court non-suiting the petitioner on pedantic technicalities has to be set aside and the same is set aside and the revision is allowed. It is needless to say that all the defence the respondents are having legally and factually can be agitated before the trial Court. As the matter is pending nearly for a decade, the parties are directed to get long with the suit and the trial Court is further directed to proceed with the suit on a day to day basis upon passing the order in the application, which is the subject matter of the revision and conclude the same as expeditiously as possible, atleast within a period of four months from the date of receipt of copy of this order.With this observation, the civil revision petition is allowed. No costs. Consequently, the connected C.M.P. is closed.usk
To
The District Munsif
Dharapuram
[PRV/8581] |
ec48e4ad-10c1-517c-b90a-4d9b08e6c9c0 | court_cases | Karnataka High CourtUddesh S/O Nabab vs The State Of Karnataka on 3 February, 2011Author:Anand ByrareddyBench:Anand ByrareddyIN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHAR WAD
DATED THIS THE 3 DAY OF FEBRUARY 2011
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRiMINAL PETITON No.10129/2011
BETWEEN:
1. Uddesh, S/o. Nabab,
Age: 48 years,
2. Ajay, S/o. Kamal,
Age: 22 years,
3. Bansilal, S! Rajasingh,
Age: 22 years,
4. Charra, Sb. Bootala,
Age: 20 years,
5. Rohu, Sb. Nanne Singh,
Age: 19 years,
All are Rio. Bhiloori,
Taluka Dist Kathani,
State Madhya Pradesh,
0cc: Business and Agriculture. .. . Petitioners
(By Shri. Hegde, Neeralgi and Patil, Advocates)
AND:
The State of Karnataka,
Tavargera Police Station,
Kustagi,
Rep. by S.P.P. . .Respondent
(By Shri, Vinayak S. Kulkarni. Government Pleader)
This Criminal Petition is tiled underSection 439of the
Code of Criminal Procedure, seeking to enlarge petitioners on
bail in Tavargera P.S. Crime No.74/2010 and C.C.No.333/2
010
pending on the file of the Civil Judge and J.M.F.C., Kustagi for
the offences punishable underSection 86of Forest Act and 379
of theIndian Penal Code.
This petition coming on for orders this day, the Court
made the following:
ORDERHeard the learned counsel for the petitioners and the
learned Government Pleader.2. The brief facts of the case are as follows:The petitioners claim that they are nomads and hail from
Bhi loon Taluk, Kathani District of Madhya Pradesh, when they
came to Tavagera from Bhiloori. The petitioners do have
property, houses and agricultural land in their native place, but
they do business three months in a year, while so moving
through Karnataka, they were intercepted by the Sub-Inspector
of Tavargera Police Station and their belongings were checked.
According to the complainant, on information received, he was
waiting near Hulivapura cross, Navalahalli village on
01.10.2010. When the petitioners came, they were stopped and
their belongings were checked. It was alleged that the
petitioners were carrying stumps of sandalwood weighing 40
kg., on enquiry petitioners did not produce any pass or permits
and it was treated as being unauthorised possession of forest
produce and therefore, it constituted offences underSections 86and87of the Karnataka Forest Act, was committed by the
petitioners and accordingly, they were produced before the
Judicial Magistrate and remanded to judicial custody and since
then the petitioners have languished in judicial custody.3. It is in this background, that the learned counsel
for the petitioners had approached the Court below seeking
enlargement on bail. The said application has been rejected on
the ground that the petitioners admittedly belong to Madhya
Pradesh and if they are enlarged on bail, it is most likely that
they would put themselves out of the reach of the Police and the
Investigating Authority and accordingly rejected the bail4application. The Court has also opined that the petitioners are
from the poor strata of society and it would not be possible for
the Police and Court to secure their presence at the time of the
trial. It is in this background, that the petitioners are before this
Court.4. The learned counsel for the petitioners would
contend that it is unfair to deny bail to the petitioners, merely
because they are from the State of Madhya Pradesh. The
presence of the petitioners at the trial can be ensured either by
imposing strong terms and cdnditions and on the furnishing of a
local surety who would ensure their presence of this Court.5. The learned Government Pleader on the other
hand, would vehemently oppose the petition and submits that
the trial Court was right in its view, having regard to the
admitted background of the petitioners. Enlarging them on bail
would hamper the trial. It would be impossible to secure their
presence before this Court. Notwithstanding any local surety
which may be furnished.56. Given the value of the wood, which is stated to be
about Rs.4,000/- in the open market and the maximum
punishment capable of being imposed on the petitioners, to
deny them on bail on the ground that the petitioners are from
the State of Madhya Pradesh and that it is difficult to secure
their presence at the trial. It is an unfair contention. If this
argument applied, the jails would be filled with such persons
unjustly. Therefore, it would not be a reason to deny bail. It
would be appropriate if the petitioners are placed on terms and
enlarged on bail. The petitioners shall be enlarged on bail
subject to the following conditions:1) They shall furnish personal bonds for a sum
of?lO,000/- each, with three solvent sureties
for like sums, to the satisfaction of the trial
Court.2) They shall make themselves available to the
Investigation Officer as and when required
for the purposes of investigation.3) They shall not change their ordinary place of
residence without seeking leave of the trial
Court.64) They shall not seek to induce or threaten the
prosecution witnesses.5) They shall attend the trial Court on all dates
of hearing without fail subject to the Court
granting exemption for good and valid
reason.Sd/
Rsh JUDGE |
ce1ab145-1b6b-5005-b2ac-90872f7c5c9b | court_cases | State Consumer Disputes Redressal CommissionM/S Sunit Enterprises vs Champakll N Jogi on 11 October, 2010Daily Order
BEFORE THE
HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
First Appeal
No. A/10/1081
(Arisen out
of Order Dated 09/07/2010
in Case No. 228/2004 of District Additional DCF, Mumbai(Suburban))
1. M/S SUNIT ENTERPRISES
OFFICE AT 7 DALVI HOSPITAL
S V ROAD KANDIVILI WEST
MUMBAI - 400 067
MUMBAI
MAHARASHTRA
2. SHRI HARESH MOHANLAL JOSHI
PARTNER, M/S SUNIT ENTERPRISES RESIDING AT A/101 AMAZON PARK JAYRAJ NAGAR BORIVILI WEST
MUMBAI - 400 092.
MAHARASHTRA
...........Appellant(s)
Versus
1. CHAMPAKLL N JOGI
FLAT NO 903 SMRUTI CHS
LTD M G CROSS ROAD NO 4 KANDIVALI WEST
MUMBAI - 400
067.
MAHARASHTRA
...........Respondent(s)
BEFORE:
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBERHon'ble Mr. Dhanraj Khamatkar Member
PRESENT:Ms.Rashmi Manne,Advocate, Proxy for U B WAVIKAR ,
Advocate for the Appellant
ORDER
Per Shri S.R. Khanzode - Hon'ble Presiding Judicial
Member:(1)This
appeal is directed against the order dated 09/07/2010 passed in Consumer
Coplaint No.228/2004, Champaklal N. Jogi V/s.Sunit Enterprises & Anr.
by District Consumer Disptues Redressal Forum, Addl. Mumbai Suburban.(2)Undisputed
facts are that, Respondent/original Complainant agreed to purchase a Flat
No.202 in 'D'wing, Krisha Building No.2 for total consideration
of Rs.17,00,000/-. On 10.04.2010 the
flat purchaser had paid part consideration of Rs.8,50,000/-. Thereafter,
since possession could not be delivered, alleging deficiency in service on
the part of the builder, flat purchaser had filed this consumer complaint,
praying relief of compensation for not completing his part of contract
and/or alternatively claiming refund of consideration paid along with
interest. Forum below awarded
alternate relief directing refund of consideration along with interest @18%
per annum. Feeling aggrieved thereby the Builder preferred this appeal.(3)We
heard Ms.Rashmi Manne, Advocate, proxy for Mr.U.B. Wavikar, Advocate for
the Appellant.(4)In
the instant case it may be seen that Municipal Corporation of Greater
Mumbai had issued a notice undersection 53(1)of Maharashtra Regional and
Town Planning Act, 1956 dated
26.12.2002 to the builder asking him to remove the unauthorized
construction and to stop further construction work and if not, he would be
liable for prosecution under the said Act.It is not the case of the builder that he had complied to the
construction. Certainly, it is not the case of the builder that he
had obtained occupation certificate.
In fact said notice of the Corporation and for non-compliance
thereof, no occupation certificate could be issued. In this background, the transaction
remained incomplete. Builder cannot
offer possession and also cannot obtain occupation certificate under the
provisions of Maharashtra Ownership Flats Act. In the circumstances, flat purchaser
cannot be blamed as argued before us by the Appellants. Forum below instead of granting
possession of the flat granted alternate relief and considering the
escalation of price charging interest @18% per annum cannot be faulted
with. Judicial discretion used by the
Forum below granting alternate relief also cannot be faulted with. Therefore, we find no reason to take
different view than what has been taken by the Forum below. We hold accordingly and pass the
following order:O R D
E R(i) Appeal stands dismissed in limine.(ii)
No order as to
costs.Pronounced
Dated the
11th October, 2010.[Hon'ble Mr.
S.R. Khanzode]
PRESIDING MEMBER
[Hon'ble Mr.
Dhanraj Khamatkar]
Member
ep |
a873fe35-04c9-5e2c-bfa0-23ad8afbed3b | court_cases | Patna High CourtDr. Bindeshwar Pathak vs State Of Bihar & Anr on 20 April, 2010Author:Shiva Kirti SinghBench:Shiva Kirti SinghCriminal Miscellaneous No.1444 OF 1998
------
In the matter of an application underSection 482of the Code of
Criminal Procedure.
-------
Dr Bindeshwar Pathak, son of Late Ramakant Pathak, resident of
village- Rampur Bhagel, Police Station Desri, District Vaishali, at
present resident of Patliputra Colony, Police Station Patliputra, district
Patna
..... Petitioner
VERSUS
1. The State of Bihar
2. Ram Sukumar Jha, son of Late Tapeshwar Jha, resident of village
Siho, Police Station Sakra, District Muzaffarpur, at present residence of
Energy International, Agamkuan, Police Station Alamganj, District
Patna ...... Opposite parties.
------
For the Petitioner : Mr S.Alamdar Hussain, Advocate
For the State : Ms Veena Kumari Jaiswal, APP
For the Opposite Party : Mr G.K.Jha, Advocate
--------
PRESENT
THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
Shiva Kirti Singh, J. Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel appearing for the
complainant, opposite party no.2.
2. Petitioner has prayed for quashing of order dated
25.9.1997passed by the Judicial Magistrate 1st class, Patna in
Complaint Case No.473 (c) 97 leading to T.R.1181/97 relating to
offences underSections 504and323of the Indian Penal Code.23. Learned counsel for the petitioner has submitted on
the basis of Annexure-2 that because of being business rivals at the
relevant time some other cases were also pending between the parties
which were subsequently compromised as would appear from joint
petition of compromise in Complaint Case No.194 (c) 88 filed before
Sub Divisional Judicial Magistrate, Sadar, Patna. It has been submitted
that this case is also under simple and compoundable sections of theIPCand photocopy of order-sheet of the court below has been produced
to show that on 22.1.2000 the complainant filed a petition for
withdrawal of the complaint underSection 257of the Code of Criminal
Procedure. The same was moved on 1.3.2000 but the court below
expressed its inability to deal with the petition on account of interim
stay operating in the present case pending before this Court.4. Learned counsel for the complainant expresses
ignorance about the application filed in the court below to submit that if
the parties have compromised their differences as appears from the
order- sheet of the court below then the matter should be left to the
court below for disposal on the basis of withdrawal petition filed by the
complainant. On the other hand, learned counsel for the petitioner
submits that for superfluous and minor offence the case has remained
pending for about 13 years and for such offence the petitioner should3not be sent back to the trial court, particularly when the case has
remained stayed under orders of this Court since 1998.5. Considering the superfluous allegations in the
complaint petition of simple abuse and allegation of one or two slaps
being given by the petitioner while he was sitting in a car and the
complainant was standing outside, it is not in the interest of justice to
allow this case to remain pending any further, particularly when the
order-sheet of the court below shows that in the year 2000 itself, an
application underSection 257of the Code of Criminal Procedure was
filed for withdrawal of the complaint case.6. Having considered the entire facts and circumstances,
the prayer for quashing is allowed and the impugned order of
cognizance as well as the entire proceeding of the complaint case are
hereby quashed.7. Let the photocopy of the order-sheet of the court below
be kept on record.(Shiva Kirti Singh, J.)
Patna High Court
The 20th April, 2010
NAFR/ S.Kumar |
8dd0f4f7-e167-5ccf-99c8-79c2c688318f | court_cases | Madras High CourtTamil Nadu State Transport vs The Presiding Officer on 17 February, 2010Author:M.VenugopalBench:M.VenugopalIN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17 .02.2010
CORAM
THE HONOURABLE MR.JUSTICE M.VENUGOPAL
W.P.No.6514 of 2003
and
W.P.M.P.No.14376/2003 and 514/2007
Tamil Nadu State Transport
Corporation (Madurai Division IV) Ltd.,
Rep. By its Managing Director,
Bypass Road,
Collectorate Post,
Dindugal 624 004. ... Petitioner
vs.
1.The Presiding Officer,
Labour Court,
Tiruchirappalli.
2.Karunakaran ....Respondents
Writ Petition underArticle 226of The Constitution of India praying for the issuance of a writ of Certiorari to call for the records from the file of the first respondent in I.D.No.108 of 1999 on its file and quash its award dated 5.6.2002.
For Petitioner : Mr.N.Yogesh
For Respondents : Mr.R.Kannan for R2
R1-Court
O R D E RThe petitioner/Tamil Nadu State Transport Corporation, Dindigul has filed the writ of Certiorari in calling for the records from the file of the first respondent/Labour Court, Trichirappalli in I.D.No.108/99 and to quash the award passed on 05.06.2002.2. The first respondent/Labour Court, Trichirappalli in its award on 05.06.2002 held that the charges levelled against the second respondent/Workman were proved by the petitioner/Transport Corporation, but ultimately came to the conclusion that the punishment of dismissal from service imposed on the second respondent/workman was excessive but ordered for his reinstatement with continuity of service but denied the backwages and other benefits because of the fact that the workman remitted an amount of Rs.2,500/- towards the value of 5 ticket books and took into consideration his family circumstance and also with a view to provide an opportunity to mend himself.3. According to the learned counsel for the petitioner/Transport Corporation, the second respondent/employee was working a Conductor in the petitioner/Corporation and he was dismissed from service on 09.08.1998 over the proved misconduct of stolen ten ticket books (S.A.I.191-200) while he was on duty in January 1998 each valuing Rs.500/- from the office of the petitioner/Transport Corporation and sold them in special route of Dindigul-Gobinathasamy Temple and thereby misappropriated a sum of Rs.2,500/- and in this regard, the second respondent/Workman was temporarily suspended on 27.02.1998 and 02.03.1998, he was served with a charge memo and the petitioner conducted a domestic enquiry and the enquiry Officer has submitted his Enquiry Report on 18.06.1998 holding that the charges were proved and later a second show cause notice dated 13.06.1998 was issued to the petitioner proposing the punishment of dismissal from service and the second respondent was furnished with the copy of the enquiry proceedings, findings report and a list of his past records and he submitted his explanation on 24.07.1998 praying to reduce the punishment but the petitioner/Transport Corporation had not accepted his request and ultimately removed him from service by means of final order dated 07.08.1998 in regard to the proved charges and the second respondent/Workman was constrained to file I.D.No.108/99 on the file of the first respondent/Labour Court praying for his reinstatement with full backwages, continuity of service with all attendant benefits and the first respondent/Labour Court passed an award holding that the charges levelled against the second respondent/employee were proved but directed reinstatement of the second respondent/Workman with continuity of service but denied the backwages and other benefits and while directing the reinstatement of the second respondent/workman, the first respondent/Labour Court was swayed away by the act of the second respondent/employee in remitting a sum of Rs.2,500/- towards valuing of 5 ticket books and also his family circumstance and also with a view to provide one more opportunity to the second respondent/employee not to commit these kind of acts once again and in this regard, the first respondent had exercised its discretion in a wrongful manner and it had invokedsection 11-Aof the Industrial Disputes Act in a mechanical fashion and as a matter of fact, the power envisaged underSection 11-Aof the Industrial Disputes Act will have to be exercised by the first respondent/Labour Court with utmost care, caution and with judicial circumspection and the same cannot be exercised in an arbitrary, capricious and mechanical fashion and when the second respondent/employee being a Conductor acting in a fiduciary capacity and holding the position of trust must act with sincerity and honesty in discharging his duties towards the petitioner/Transport Corporation (employer) and in short, the act of misappropriation must be strictly dealt with and even the past records of the second respondent/employee were of the blemishes and in a case of misappropriation like the present one, no misplaced sympathy could be shown by the first respondent/Labour Court and if the second respondent/employee who was found to have misappropriated the money of the petitioner/Corporation by practising dishonesty was to be reinstated then, it will affect the morale of the petitioner's Corporation and since the award bristles with material errors of law apparent on the face of record, the same is liable to be set aside by this Court in exercise of its discretionary jurisdiction underArticle 226of the Constitution of India and therefore prays for allowing the writ petition.4. To lend support of his contention that the first respondent/Labour Court had committed an error apparent on the face of record in its award, the learned counsel for the petitioner/Transport Corporation cites the decision of this CourtTHE NILGRIS DISTRICT CONSUMERS' CO-OPERATIVE WHOLESALE STORES LTD., Vs. THE APPELLATE AUTHORITY, DEPUTY COMMISSIONER OF LABOUR, COIMBATORE, 2003 (4) CTC 166 at page 168, wherein at paragraphs 9 to 11, it is observed as follows:-"...9. While dealing with Charge No.1, the Appellate Authority has also recorded an erroneous finding to the effect that the Management himself had agreed that the said charge was not sufficient for dismissal of the employer from the service. The learned counsel for the second respondent is unable to point out any such concession on the part of the management. Therefore, the said observation is an error apparent on the face of the record as well as a perverted finding.10. I have also independently considered the proportionate punishment. The first charge is a serious one amounting to misappropriation. The charge is not only admitted but also the delinquent had paid part of the amount and still a further sum of Rs.8,000 remain to be unpaid.11. Therefore, there is no material to interfere with the order passed by the management dismissing the delinquent from service. The interference by the Appellate Authority having regard to the nature of the misconduct is uncalled for and this writ petition is allowed. Such a delinquent cannot be thrust against an employer. No costs."5. In response, the learned counsel for the second respondent/employee contends that the first respondent/Labour Court had found that the charges levelled against the petitioner were proved but it took into consideration an important fact that the second respondent/employee remitted a sum of Rs.2,500/- towards the value of 5 ticket books before the Management of the petitioner/Transport Corporation and also by considering his family circumstance and also the second respondent/employee not to commit such kind of mistakes in future with a view to provide an opportunity in this regard had ordered for reinstatement of the second respondent with continuity of service without backwages and other attendant benefits and the first respondent/Labour Court had only exercised its power underSection 11-Aof the Industrial Disputes Act and this could not be found fault with by the petitioner/Transport Corporation in any manner and therefore prays for dismissal of the writ petition.6. The learned counsel for the second respondent/employee cites the decision of this CourtTAMIL NADU STATE TRANSPORT CORPORATION (MADURAI DN.III) Vs. THE PRESIDING OFFICER, LABOURCOURT, 2005 (3) CTC 580 (DB), wherein it is held that "Court cannot sit as a Court of First Appeal in Writ jurisdiction to re-assess or re-appreciate evidence and unless finding is based on no evidence, Court cannot interfere with the finding of fact in Writ Jurisdiction."7. At this stage, this Court points out that the term 'misconduct' consists of two words 'Mis' meaning badly and 'conduct' meaning behaviour. As a matter of fact, 'misconduct' is a relative term and it refers to a bad behaviour, unlawful behaviour or conduct, wrong or improper conduct, to mismanage and conduct amiss. The synonyms for 'misconduct' are a misbehaviour; misdemeanour; misdeed, mismanagement; delinquency; offence. Therefore it is quite evident that 'misconduct' is a specific word with a specific connotation. Significantly this Court points out that 'Misconduct' is doing something or omitting to do something which is wrong to do or omit whereas the person who is guilty of the act or the omission knows that the act which he is doing, or that which is omitting to do, is a wrong thing to do or omit it, therefore follows that the misconduct may or may not be wilful, as per the decision LEWIS Vs. G W RAILWAY COMPANY, (1877) 3 Q.B.D 195.8. In fact the term 'misconduct' is a generic term. Moreover the Stroud's Judicial Dictionary refers to 'misconduct' meaning misconduct arising from ill motive, acts of negligence, errors of innocent mistake do not constitute such misconduct. Really speaking, the concept of misconduct in an employer and employee relationship is founded upon the nature and relationship itself and the same being an implied or expressed conditions of service, which admittedly will encompassed the factors like an employee must be trustworthy, that his acts will justify the confidence of an employer, that he will not act so as to prejudice or damage any interest of an employer, that he will not act or conduct himself in a way which is inconsistent or incompatible with the fulfil discharge of his duties to an employer that he will not behave in an unwilling manner and that he will not be habitually negligent as per the decision S.T.THEWARI Vs. CENTRAL RAILWAY, (1960) 1 LLJ at page 167.9. That apart, a loss of confidence is a subjective feeling or an individual reaction to an objective set of facts and motivations and a Court is concerned with the latter and not with the former, in the considered opinion of this Court. Also, a punishment to be imposed by an Authority must suit the offence depending upon the nature of misconduct and not on the value involved therein, only by assigning cogent reasons a Court of Law or Tribunal ought to interfere in punishment only in an exceptional circumstance. In case of fraud or dishonesty in connection with a company's business or depriving an employees' legitimate due amount then in such a case the relevancy of past record does not matter much. To put it precisely, for a proved misconduct, it is for the employer and not for the Court to decide the question of punishment pertaining to a misconduct. If a Tribunal exercises its power underSection 11-Aof the Industrial Disputes Act in an illegal fashion then its award is clearly unsustainable in the eye of law, in the considered opinion of this Court. In an act of dishonesty and fraud, the misconduct being of a serious nature, the same will attract not only the dismissal from service but much else as there legal consequences. In short, when there is fiduciary relationship between the Employee and the Employer, the quantum of misappropriation is an alien and an irrelevant factor. Generally the High court will not interfere with the quantum of punishment when it is based on evidence.10. However i) illegality,irrationality and the procedural impropriety are few grounds for a Judicial Review.ii) An imposition of adequate penalty proves the fineness of the Disciplinary Authority as well as the Labour Court/Tribunal and where it is missing, the Court has to fill it up.iii) To put it briefly, the penalty must made the misconduct i.e., the proper, just and not an extreme one.iv) The powers of Judicial Review are meant to ensure that a party receives a fair treatment and not to ensure that the conclusion with the Authority reaches is necessarily correct in the eye of law. A Court of law has the necessary powers of Judicial Review in the matter of disproportionate penalty.Proportionality is in effect a facet of the principle of reasonableness. In regard to certain aspects, a Judicial Review of fact is permissible. It is needless to say that 'the principle of Wednesbury' is applicable. Though the choice of quantum of punishment is within the domain and discretion of the concerned Authorities, yet it should not be unduly harsh or vindictive or so disproportionate to the offence so as to shock conscience. Betraying the confidence of an employer must not be a mere one or fancy one. But it should be a bonafide and reasonable one. In this connection, this Court points out the decision of the Honourable Supreme Court KAMAL CHANDRA ROY CHOUDHARY Vs. UNION OF INDIA, 1987 (54) FLR at page 801, wherein it is held that ' in a reasonable case of a confidential or responsible post being misused or a sensitive or strategic post being abused, it may be a risk to retain an employee, once suspicion has arisen and a disciplinary enquiry cannot be forced on the master. Therefore a termination simpliciter may be bonafide, not colourable and loss of confidence may be evidentiary of good faith of the employer."11. Also, in the decisionS.VISWESWARIAH Vs. NEW INDIA ASSURANCE COMPANY LIMITED, 1989 (58) FLR at page 568, pertaining to the charges of misappropriation of money and assault being proved an employer of the punishment of dismissal was aptly awarded.12. It is apt for this Court to recall observations made in the decisionKARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, BANGALORE AND ANOTHER Vs. SATHYANARAYAN, 2003 (97) FLR at page 181 (DB) at paragraph 5, it is among other things observed as follows:-"....The Conductor in a public Transport Corporation is a trustee of the public fund and a high degree of probity is expected of him in discharging the duties and functions attached to his post. If the Conductor collects the fares from the passengers and does not account the same to the credit of Corporation, such a person cannot be permitted to continue in the service of the Corporation. It is satisfactorily established that the delinquent workman despite collection of the fares did not account it to the credit of the Corporation and as if that was not enough, he also closed the Waybill in order to cover up his misdeeds. This speaks volumes about his propensity to be corrected, etc.,"13. A Labour Court can interfere with the punishment underSection 11-Aof the Industrial Disputes Act only when it is disturbing to the conscience and it is highly disproportionate to the misconduct committed. In other words, a Labour Court is not empowered to substitute a punishment of removal of a workman unless it shocks its conscience.14. As far as the present case is concerned, during January 1998 when the second respondent/Conductor was working as a Conductor in the Dindigul Union-III Branch of the petitioner/Corporation stolen the 10 ticket books of Rs.500 value (S.A.I.191-200) voluntarily from the Branch Office and thereby deceived the Transport Corporation and also from out of the said stolen ticket books, he utilised 5 ticket books (S.A.I.191-195) in a route where it could not be sold out and resultantly sold the same and in order to cover up his act of stealing the tickets, he registered the fake sale details in the Waybill and further committed an act of misappropriation in remitting a sum of Rs.2,500/- received through the sale of such tickets to the office and therefore he had not acted honestly in his duty and in all violated Rule 16(5), 16(75) and 16(5) of the standing orders of the petitioner/Transport Corporation. The petitioner was duly served with a charge memo issued by the petitioner Corporation dated 02.03.1998 and a domestic enquiry was conducted by the petitioner Corporation and the Enquiry Officer
submitted his findings on 18.06.1998 holding that the charges levelled against the second respondent/employee were proved. Later the petitioner was dismissed from service as per final order dated 07.08.1998, issued by the petitioner/Corporation. At this Stage it is necessary for this Court to necessarily point out that the second respondent/employee in his letter dated 19.02.1998 addressed to the petitioner's Corporation, Dindigul Branch Branch III Manager had admitted that in January on one night when he came to remit the money, he stole Rs.5 value ticket books 10 numbers which was kept separately in the bundle place and he took the same and later sold 5 ticket books in Gobinatha temple special route and when the Branch Manager called him in connection with the Rs.5 ticket books and enquired him, he admitted his mistake and he handed over the 5 ticket books and a sum of Rs.2,500/- towards the value of 5 tickets and further he has assured that he will not commit such mistake in future and will discharge his duty. In fact, a reading of contents in Ex.M.1, the letter dated 09.02.1998 to the second respondent/employee unerringly indicates that the second respondent/employee had admitted the misdeeds including the act of misappropriation and remitting the amount in question and all the more, this was not a favourable circumstance in favour of the second respondent/employee, in the considered opinion of this Court. Added further, the first respondent/Labour Court also in its award had come to the conclusion that the charges levelled against the second respondent/employee were proved but took the view that the second respondent had remitted misappropriated amount of Rs.2,500/- to the petitioner corporation, etc., and resultantly ordered for his reinstatement in service with continuity of service and deprived the relief of backwages and other attendant benefits and in this regard, this Court is of the earnest and considered view that the first respondent/Labour Court had not exercised its power of discretion as per Section 11-A of the Industrial Disputes Act in a proper and reasonable way but it exercised the same not in a valid and legal manner and therefore the same is clearly unsustainable in the eye of law and moreover this Court opines that the quantum of misappropriation or remitting the misappropriated amount of Rs.2,500/- was an irrelevant one to be taken note of by the first respondent when admittedly there was a tacit fiduciary relationship of Master and Servant between the second respondent and the petitioner/Transport Corporation and viewed in that perspective, this Court interferes with the Award passed by the first respondent and imposes a proper punishment of dismissal from service on the second respondent for the proved charges and resultantly allows the writ
M.VENUGOPAL,J.Vri
petition by setting aside the Award of the Labour Court in furtherance of substantial of justice leaving the parties to bear their own costs. The connected miscellaneous petitions are closed. The petitioner/Transport Corporation is directed to pay the wages scrupulously as perSection 17 Bof the Industrial Disputes Act to the second respondent/workman directly, if not already paid.17.02.2010
Index :Yes/No
Internet:Yes/No
vri
To
The Presiding Officer,
Labour Court,
Tiruchirappalli.PRE DELIVERY ORDER INW.P.No.6514 of 2003 |
b9143c82-1af2-5bd8-983a-096a63a29e64 | court_cases | Orissa High CourtSamaleswari Store vs State Of Orissa on 2 September, 1987Equivalent citations: [1988]68STC228(ORISSA)Author:D.P. MohapatraBench:D.P. MohapatraJUDGMENT
H.L. Agrawal, C.J.1. The Sales Tax Tribunal, Orissa, on making a reference underSection 24(1)of the Orissa Sales Tax Act, 1947 (for short, "the Act"), has referred the following questions of law for determination by this Court:(1) Whether, on the facts and in the circumstances of the case, the learned Member, Additional Sales Tax Tribunal, was justified in holding that sales tax and not purchase tax was leviable on dal with effect from1st October, 1974 ? and
(2) Whether, on the facts and in the circumstances of the case, the learned Member, Additional Sales Tax Tribunal, was justified in holding that dal does not come within the ambit of the expression "all forms of gram" and is therefore not subject to purchase tax with effect from 1st October, 1974 and is subject to sales tax from the said date ?2. The facts:For the assessment year 1975-76, the assessing officer, while making the assessment underSection 12(4)of the Act, imposed sales tax on the transactions of different kinds of dal made by the dealer and raised an additional demand of Rs. 5,437 on the ground that dal was a different item than gram and could not be included in any form of gram, a notified commodity. The dealer, however, challenged this imposition on the ground that dal, being one of the forms of gram and already subjected to purchase tax with effect from 1st October, 1974 was not liable to further tax. The dealer, however, also failed before both the appellate forums.3. It may be mentioned that by Notification No. 36360-F. dated 28th September, 1974, "all forms of horsegram, blackgram, jowar and khesari" were made taxable at the purchase point with effect from 1st October, 1974. All forms of green gram(mung), hill gram(arhar), maize, ragi, etc., were similarly included in the list for levy of purchase tax by notification dated 15th March, 1975. The Tribunal has taken the view that the expression "all forms of gram" could include only all varieties of gram, big or small, irrespective of their colour, and dal, being different from gram, the expression could not be stretched to include dal within its ambit.4. Let us consider the meaning of the word "form". The Revenue authorities have interpreted this word as seen above to include all varieties of gram. In my opinion, the expression "form" is not referable only to its varieties.The meaning of the word "form" according to the Chambers Twentieth Century Dictionary is:Shape: a mould: something that holds, shapes, etc.
The Lexicon Webster Dictionary gives the meaning of the word "form" inter alia as follows:External shape or appearance considered apart from colour or material; a particular shape; ....I am therefore inclined to take the view in favour of the dealer that when the notification stated all forms of gram and not all varieties of gram, then obviously, it intended to include the various species and some of its by-products as well. Some of the decisions which I may presently refer to also support this view that unless gram was reduced into an entirely different species, such as, besan or shattu, it continued to remain as a broken form of gram itself.Now let us proceed to consider some of the cases.Reliance was placed by the dealer at the reference stage on the unreported decision of this Court in S.J.C. No. 15 of 1976 dated 16th July, 1980 (State of Orissa v. Baijnath Flour Mills) where it was laid down that:Dals made out of grams were not to be considered as a different commodity but as one of the forms of gram.which led to the making of the reference.5. Here, the two reported decisions of this Court on the point may be noticed, the first one being the case ofRam Chandra Badrinarayan v. State of Orissa[1974] 33 STC 83. There, a registered dealer had purchased mung, chana, biri and peas on furnishing the declaration for reselling the said commodities within the State of Orissa, but converted some mung and biri into dal and chana and peas into besan and sold the dal and besan. The assessing officer assessed the dealer under the proviso toSection 5(2)(A)(a)(ii)of the Act to the extent of the conversion of the goods purchased on the basis of the declaration which was also upheld by the higher authorities. But on reference, this Court held that there might be some transformation of the commodities in question and by look, the two commodities may appear to be different, but in view of the fact that they are mostly put to the same use and in the popular and commercial sense, not much difference is maintained between the one and the other, sale of mung and biri in the shape of dal may be taken as sale of such goods. The resale, therefore, was held not to violate the above provision of law or the condition of the declaration attracting any liability. But this plea was rejected with respect to conversion of chana and peas into besan.The same view was also taken in Baijnath Flour Mills' case (S.J.C. No. 15 of 1976 dated 16th July, 1980--Orissa High Court). There, the dealer having similarly purchased grams had sold them after breaking them into pieces (dana).On a reference made to this Court at the instance of the Revenue, relying upon the decision inRam Chandra Badrinarayan's case [1974] 33 STC 83 (Orissa) the reference was answered against the Revenue.6.In the meantime, a Bench of this Court in the case ofState of Orissa v. Haji Ebrahim Haji Jamal Noor Mohammed & Co.[1975] 35 STC 275, had occasion to consider an almost similar question. The dealer after purchasing grams on furnishing the declaration converted them into dal and sold as such. On a similar question being raised as to whether the proviso toSection 5(2)(A)(a)(ii)of the Act was attracted, it was held by the Bench that:In common parlance and in commercial sense, green gram and black-gram and dal produced out of them are different commodities and that they cannot be treated as the same goods.* * *
Though dal after conversion was sold inside Orissa, it was not sold in the same form in which the goods were originally purchased on the basis of the declaration and, therefore, the proviso toSection 5(2)(A)(a)(ii)was attracted.The Court refused to follow the earlier decision in [1974] 33 STC 83 (Orissa) (Ram Chandra Badrinarayan v. State of Orissa) on the ground that it had lost its force in view of the decision of the Supreme Court inGanesh Trading Co., Karnal v. State of Haryana[1973] 32 STC 623, a decision though reported earlier, yet rendered after the Orissa decision.In the case before the Supreme Court, the facts were that after purchase of paddy (on payment of purchase tax), the dealer had sold the commodity after converting it into rice. It was therefore observed that rice and paddy being two different things in "ordinary parlance" and when paddy is dehusked and rice produced, there is a change in the identity of goods. The learned Judges of this Court in the later decision came to hold that:As, however, the matter is concluded by a Supreme Court decision, it is unnecessary to refer the matter to a larger Bench, which itself would be bound by the Supreme Court decision.Ram Chandra Badrinarayan v. State of Orissa[1974] 33 STC 83 (Orissa) does not lay down good law on this point.7. The above observation was noticed by this Court in the unreport-ed decision in Baijnath Flour Mills' case (S.J.C. No. 15 of 1976 dated 16th July, 1980) and the earlier view in [1974] 33 STC 83 (Orissa) (Ram Chandra Badrinarayan v. State of Orissa) was reiterated. The Supreme Court case was distinguished on the ground that the case of paddy and rice was entirely different as "there would be hardly any identity except that one was contained within the other before conversion. The two commodities meet different needs of the people. But in the case of a gram and a dana, the position was different as 'whether it was in the original form as the whole gram or it was in broken form of 2 to 3 pieces, i.e., dana, did not really bring into existence any new goods'...".8. Obviously, dal is also nothing else than the broken form of gram and when we have got two direct Division Bench decisions dealing directly with the case of gram and its conversion into dal or dana. I would refrain from referring to various other decisions which were cited at the Bar relating to some commodities, such as, sugar-sugar candy, coal-charcoal, pineapple fruit processed into pineapple slices, wool and knitting wool, etc., for the sake of analogy.9. Before closing, however, I may also refer to another recent decision of this Court to which I happened to be a party. One is Bijoy & Co. v. State of Orissa (S.J.C. No. 157 of 1979 disposed of on 11th December, 1986). In this case, the reference was made to consider the effect of entry 1(J) in the notification underSection 5of the Act. In this case, the dealer had sold blackgram after converting it into dal which was disallowed from his taxable turnover and it was held by this Court that:The blackgram even after it was converted into dal did not cease to be a pulse or cereal.It may well be that the ambit of entry 1(J) being wide enough to cover cereals and pulses including all forms of gram and various other whole grains including besan and shattu and construed strictly, cannot be held to lay down the relevant ratio for the purpose of the present case, but none the less, it lends support at least to the proposition that dal and gram belong to the same "family" and it can be safely noted that their nature of user in many ways is also similar.The decision in [1974] 33 STC 83 (Orissa) (Ram Chandra Badrinarayan v. State of Orissa) was again referred to by a Full Bench of this Court in the case ofState of Orissa v. Bharat Saw Mill[1980] 46 STC 389 with approval.10. On a circumspection of all the facts and circumstances as well as the authorities discussed above, I have no doubt in my mind to reach the conclusion that the decision of this Court in the case ofRam Chandra Badrinarayan v. State of Orissa[1974] 33 STC 83 is still a good law holding the field. Once I come to this conclusion, the answer to both the questions must be given in favour of the dealer and against the department,
The dealer therefore did not contravene the provisions ofSection 5(2)(A)(a)(ii)of the Act.11. In the result, the reference is accepted and the questions are answered accordingly, but in the circumstances I shall make no order as to costs.D.P. Mohapatra, J.12. I agree. |
aa61e436-9326-518f-8a70-2bb1a641894d | court_cases | Allahabad High CourtSwadeshi Cotton Mills Co. Ltd. vs Sales Tax Officer And Anr. on 25 March, 1964Equivalent citations: AIR1965ALL86, [1964]15STC505(ALL), AIR 1965 ALLAHABAD 86JUDGMENT
Oak, J.1. I have read the judgment prepared by my learned brother Satish Chandra, J. I agree that the sale of food in the canteens maintained by the two mills is liable to tax under the U. P. Sales Tax Act, 1948 (hereafter referred to as the Act), but the fee charged by Aligarh Muslim University to cover expenditure on dining halls is not liable to sales tax.2. Section 3 is the charging provision. Under Section 3, every dealer has to pay a tax on his turnover. The term "Dealer" has been defined in Clause (c) of Section 2:"Dealer" means any person or association of persons carrying on the business of buying or selling goods....."Admittedly, the two mills are engaged in various operations in order to earn profit. The two companies carry on the business of buying and selling goods. There is no doubt that the two Companies are dealers as defined by the Act.3. The question has been raised whether the activity of the mills in so far as they sell food in canteens constitutes business. It is true that the mills are under an obligation to maintain the canteens. But that circumstance does not alter the fact that this particular operation is a part of the general activity of the two mills in manufacturing goods. Maintaining canteens should be considered as a part of the general business of the mills. It is true that the mills do not earn a profit from the canteens as such. But that does not alter the fact that food is sold in the canteens. Profit is not an essential element of sale. A sale at cost price is also a sale. The stand taken by the respondents is further supported by Clause (aa) of Section 2:"Business of buying or selling includes such business carried on without the motive of making profit".Clause (aa) of Section 2 makes it clear that, although the canteens show no profit, this particular activity can be treated as business of buying or selling. The two mills are, therefore, liable to pay sales tax for the sale of food in the canteens.4. Dining halls maintained by Aligarh Muslim University are on different footing. The University is not engaged in any commercial activity. The university is an educational institution. Its activities are predominantly academic. Before an association of persons is called upon to pay tax under Section 3, it has to be established that the association of persons is a 'dealer' as defined in Clause (c) or Section 2 of the Act. The association of persons must run a business of buying or selling goods. The question, therefore arises, "does the University carry on the business of buying or selling goods ?"5. A casual sale of a single article will not imply that a person carries on the business or buying or selling goods. If a man sells old newspapers in order to get rid of rubbish lying in the house, it cannot be said that he carries on business of buying or selling goods. It is true that Clause (aa) of Section 2 has enlarged the scope of the expression "business of buying or selling". But even Clause (aa) of Section 2 has not fundamentally altered the concept underlying the term 'business'. The word 'business' usually connotes some commercial activity. Every human activity cannot be termed 'business for purposes of Clause (c) of Section 2 of the Act. As already pointed out, Aligarh Muslim University is engaged in academic activity. It is not engaged in business according to the usual sense of the term. Supply of food to students in dining halls is incidental to the general academic activity of the University. The incidental provision of food in dining halls does not imply that, the University carries on the business of buying or selling goods. The University is not a 'dealer', as defined in Clause (c) of Section 2. The University is not, therefore, liable to pay sales tax on the fee charged by it from students for covering the expenditure over dining halls.6. Opposite party No. 1 at first passed an ex parte order (Annexure A) on 26-10-1962. That ex parte order was set aside. Another order (Annexure B) in the same terms was passed on 13-3-1963. Since the ex parte order (Annexure A) has already been set aside, there is no need to quash that order. It will be sufficient to quash the subsequent order dated 13-3-1963. Proceedings in pursuance of the notice dated 20-2-1963 will also have to be dropped.Satish Chandra, J.7. These companion writ petitions have been referred to a Bench as they raise a question of considerable general interest. The question is does a person statutorily obliged to establish and run a canteen or dining-hall for serving refreshments at a non-profit basis, carry
on a "a business of buying and selling goods" so as to attract liability to sales tax?8. In Civil Miscellaneous Writ No. 2572 of 1963, Swadeshi Cotton Mills Company Limited is the petitioner. The petitioner company carries on the business of manufacture and sale of textile and allied goods at Kanpur. The petitioner has established and maintains within its factory premises a canteen, where food stuffs are prepared and sold exclusively to the workmen employed by the petitioner company. The petitioner asserts that the canteen is run strictly at cost, without any profit motive. The Sales Tax Officer, Special Investigation Branch, Kanpur, by a notice, which was served on the petitioner on 2-5-1962 required the petitioner company to take the registration certificate from the Sales Tax Department under Section 8-A, U. P. Sales Tax Act, 1948. The petitioner company has been called upon to furnish the figures of sales for the years 1958-59 to 1981-62.9. The petitioner company on 5-5-1962 sent a reply to the Sales Tax Officer. In the reply it was asserted that the petitioner company had maintained the canteen underSection 46, Factories Act, "to effect sales of food and refreshment to the employees of the factory on a no profit basis" and as such it was not a 'dealer' within the meaning of the U.P. Sales Tax Act and was not liable to be taxed or to be registered under that Act. The Sales Tax Officer on 21-9-1962 addressed a letter to the petitioner stating that 'Despite the fact that your canteen is stated to be carrying on business on a no loss no profit basis' it has to be treated as a 'dealer' liable to be taxed on sales of taxable goods. It requested the petitioner to file statements of sales of the canteen by 5-10-1962 for the assessment years 1958-59 to 1961-62. Ultimately, on 28-3-1963 the first respondent, namely, the Sales Tax Officer issued a notice under Section 21, U. P. Sales Tax Act, 1948, seeking to initiate proceedings For assessment of sales tax in respect of the sales effected in the canteen of the petitioner company for the above mentioned four years.10. The petitioner company thereupon came to this Court and filed this petition underArticle 226of the Constitution. The petitioner states that from the correspondence which has ensued between the company and the Sales Tax Officer, it is apparent that the Sales Tax Officer has taken the view that the company in spite of the fact that it was running the canteen service on a no profit basis, was liable to pay sales tax on the refreshments served by it to the workmen. It is urged that this view is completely erroneous in law and the notice underSection 21of the Act is without jurisdiction. It is prayed that the notice dated 28-3-1963 be quashed and the respondent be prohibited from proceeding with the assessment proceedings initiated under the said notice. The main contention advanced for the petitioner is that it is not a 'dealer' within the meaning of theSales Tax Act.The Act, therefore, is inapplicable to it and the respondent has no jurisdiction to initiate proceedings for assessing the petitioner to tax in respect of the sales at the canteen.11. For the respondent, a preliminary objection is raised. It is urged that the V. P. Sales Tax Act provides a complete machinery for obtaining relief in respect of any improper orders that may
be passed by the Sales Tax Authority; and a person who is aggrieved by any action of the Sales Tax Authorities, cannot in law be permitted to abandon resort to that machinery and to invoke the jurisdiction of the High Court underArticle 226of the Constitution when he has an adequate remedy by way of an appeal, revision etc. Support for this objection is drawn from the Supreme Court decisions inC. A. Abraham v. Income Tax Officer, Kottayam,AIR 1961 SC 609 and Bhopal Sugar Industry Ltd. Madhya Pradesh v. D.P. Dube, 1963-14 STC 410 (SC).12.InAbraham's case, AIR 1961 SC 609 the Supreme Court ruled that an aggrieved person cannot be permitted to abandon resort to statutory machinery and to invoke the jurisdiction of the High Court underArticle 226of the Constitution when he had adequate remedy open to him by an appeal. Their Lordships went on to observe:"But the High Court did entertain the petition and has also granted leave to the appellant to appeal to this Court. The petition having been entertained and leave having been granted, we do not think that we shall be justified at this stage in dismissing the appeal in limine."13. A similar situation arose in the present case. The present petitions underArticle 226of the Constitution were entertained by a learned Single Judge of this Court. The learned Single Judge was of the view that the points raised in the petition were of importance and there was no decision of this Court on the point. He also found that the vires of the U. P. (Amendment) Act, XIV of 1963, were challenged in the petition. He, therefore, referred this case along with other cases to a Division Bench. Under these circumstances, the dictum of the Supreme Court is applicable,14.InBhopal Sugar Industry's case, 1963-14 STC 410 (SC) the Supreme Court held that normally the High Court does not exercise its jurisdiction underArticle 226when the Statute under which tax is sought to be levied provides a remedy by way of an appeal, but the High Court has jurisdiction to decide whether the taxing authority has arrogated to himself power which he does not possess, or where the taxing authority threatens to recover tax on an interpretation of statutes which is erroneous.15. These observations also leave room for deciding the question raised on the merits of the petition. Under the circumstances I consider it desirable that the petition be not dismissed in limine.16.Section 46of the Factories Act authorises the State Government to make rules requiring that in any specified factory wherein more than 250 workers are ordinarily employed, a canteen shall be provided and maintained for the use of the workers. The rules may provide for the food stuffs to be served in the canteen and the charges which will be made therefor. The State Government in exercise of this power has framed Rule 68 of the U. P. Factories Rules, 1950. This rule requires the occupier of every factory, which is specified by the State Government, to provide an adequate canteen according to the standards prescribed in this rule. The various sub-rules provide for the size of the building, the dining hall, equipments etc. which have to be maintained by the occupier in the canteen. Sub-rule (15) states that the food, refreshment etc. served in the canteen shall be served on non-profit basis and the prices charged shall be subject to the approval of the managing committee. The managing committee is to consist of equal number of persons nominated by the employer and elected by the workers. Pursuant to these rules, the petitioner was obliged to establish and maintain a canteen.17. The petitioner contends that it has no choice in running the canteen. It is a statutory obligation which it has to fulfil in order to carry on its main, business of manufacture and sale of goods. Under the rules, the service of food and refreshments has to be on a non-profit basis. The petitioner company has no choice even in respect of the prices charged. They have to be approved by the managing committee. The petitioner asserts that the canteen is open only to its workmen and that it is subsidised by the company.18. The question is whether the provisions of the U. P. Sales Tax Act are applicable to the petitioner company.19. By Entry No. 48 ofList II Seventh Schedule of the Government of India Act1935, the provincial Legislatures were authorised to make laws regarding taxes on the sale of goods. By virtue of this entry, the U. P. Sales Tax Act was enacted in 1948.20.Section 2(e)of this Act defines a "dealer". It says "dealer" means any person or association of persons carrying on the business of buying or selling goods in Uttar Pradesh, whether for commission, remuneration or otherwise and includes any firm or joint Hindu Family or any Society, club or association which sells goods to its members and also includes any department of the State Government or the Central Government which carries on such business21.Section 2(h)of the Act says that "sales" means with its grammatical variations and cognate expressions, any transfer of property in goods for cash or deferred payment or other valuable consideration; but does not include a mortgage, hypothecation, charge or pledge.22. Thus, though the State Legislature was empowered by theGovernment of India Actto tax sales of goods, theSales Tax Actlimits its operation to sale of goods in the course of a "business of buying or selling" goods. UnderSection 3of the Act, the liability to pay sales tax has been fixed on a dealer. As defined in the Act, a "dealer" means a person who carries on business of buying or selling of goods. Therefore, a sale in the course of a business of buying or selling of goods atone attracts liability to tax.23. The vital question to be considered is the import of the phrase 'Business of buying or selling of goods'. Attempts in the past have been made to tax canteens like the one involved in the present case- on the sale effected by them, on the footing that a profit motive is not an essential ingredient of 'business'. Various High Courts held that 'business' for the purposes of theSales Tax Actshould be understood in a commercial sense, that is to say, it is an organised activity carried on with a view to earn profit or gain. If the profit motive was absent, the person carrying on an activity would
not be a "dealer" within the meaning of the Act It was held that where a person is statutorily obliged to run a canteen on an entirely non-profit basis, he is not a "dealer".Shree Meenakshi Mills Ltd. v. State of Madras, 1954-5 STC 291: (AIR 1954 Mad 1143);Cannon Dunkerley & Co. (Mad) Ltd. v. State of Madras, 1954-5 STC 216 (241): (AIR 1954 Mad 1130 at p. 1142);Chairman Committee of Management Integral Coach Factory Canteen, Madras v. Deputy Commercial Tax Officer, Perambur, 1962-13 STC 827 (Mad);W. P. A. Soundarapandian and Brothers v. Deputy Commercial Tax Officer, Nilakottai, Madurai, 1962-13 STC 870 (Mad) and State of Mysore v. Banglore Woollen Cotton and Silk Mills Co. Ltd., 1962-13 STC 106 (Mys).24.In the case ofKanpur Development Board v. Commissioner, Sales Tax, U. P., 1983-14 STC 493 (All) the precise question as to the signification of the term 'carries on business" in the definition of 'Dealer' in the U. P. Sales Tax Act 1948, arose for decision in this Court Desai C. J. (K. B. Asthana, J. concurring) held that the word "business" has been used in the definition of the word "dealer" in the narrow or restricted sense and not in the general or broad sense. It means an activity in order to earn a livelihood and to make a profit and does not mean simply remaining occupied with something. Their Lordships held that the legislature did not use the word "business" merely to indicate a continuous activity because then it would have used such words as 'practice', 'activity' or 'system'. Their Lordships emphasised that gain or profit was a vital ingredient in the concept of 'business' in the definition of 'dealer' in the Act. This decision was rendered on 19-3-1963.25. On 25-5-1963, the U. P. Taxation Laws Amendment Act, 1963 (Act No. XIV of 1963) came into force.Section 4of this Act introduced after Clause (a) of Section 2 of the U. P. Sales Tax Act, 1948, the following new clause."(aa) Business of buying or selling includes such business carried on without the motive of making profit."The amending Act says that the above new clause shall always be deemed to have been inserted in theSales Tax Act, 1948.26. By this amendment, the concept of 'carrying on business' in the context of the U. P. Sales Tax Act has been Fundamentally--changed. The decision of a Bench of this Court inKanpur Development Board's case, 1963-14 STC 493 (All) has been set at naught. To be a dealer within the Act it is not necessary that a business of buying or selling must be carried on with a profit motive.The Income Tax Actas well as the Excess Profits Tax Act use the phrase "carries on business".InMazagaon Dock Ltd. v. Commissioner of Income Tax and Excess Profits Tax, AIR 1958 SC 861 the Supreme Court held :"The word "business" is, as has often been said, one of wide import and in fiscal statutes, it must be construed in a broad rather than a restricted sense."The Supreme Court reiterated with approval its following observations inNarain Swadeshi Weaving Mills v. Commissioner of Excess Profits Tax, (8) AIR 1995 SC 116 at p. 181 :"The word "business" connotes some real, substantial and systematic or organised course of activity or conduct with a set purpose"27. It appears that the State Legislature by the amendment mentioned above, has made its intention clear and brought its concept of the phrase "carries on business" as used in theSales Tax Act, in line with the views of the Supreme Court. By Legislative explanation, profit motive has been excluded from the essential ingredients of carrying on business of buying or selling.28. The petitioner company in running the canteen is undoubtedly carrying on a substantial and systematic activity with a set purpose. Its purpose may not be to make profit or gain but may only be to fulfil its statutory obligations or to provide for the welfare of its workmen; but the nature of the purpose is no longer of any consequence. In order to do its main profit making business of manufacture and sale the petitioner engages in the activity of running the canteen. The canteen is a step-in-aid of the petitioners business. From this view point, an ultimate profit motive is visible. In any view, the petitioner company is a 'dealer' within the meaning of the term in theSales Tax Act.29. In this situation, learned counsel for the petitioner raised a two-fold submission. He contended that the U. P. Taxation Laws Amendment Act, 1963, in so far as it inserts the aforesaid new clause with retrospective effect, violates the petitioner's fundamental rights guaranteed byArticle 19of the Constitution. The petitioner is a company registered under theIncome-tax ActinState Trading Corporation of India Ltd. v. Commercial Tax Officer, AIR 1963 SC 1811 the Supreme Court has declared that the word "citizen" inArticle 19of the Constitution is confined to natural persons and not to juristic persons like companies registered under theIndian Companies Act. Such Companies not being "citizens", cannot ask for the enforcement of fundamental rights guaranteed byArticle 19of the Constitution. In this view it is not open to the petitioner company to urge that theTaxation Laws Amendment Actis void as it infringesArticle 19of the Constitution.30.Article 358of the Constitution suspends the provisions ofArticle 19of the Constitution while a proclamation of emergency is in operation. It says that nothing inArticle 19shall restrict the power of the State to make any law or to take any executive action while a proclamation of emergency is in operation. It is a matter of general information, of which a court can take judicial notice, that a proclamation of emergency within meaning ofArticle 358of the Constitution, is in operation in the country since October, 1962. On this ground also the petitioner cannot complain of any violation ofArticle 19of the Constitution.31. The petitioner has not impleaded the State of Uttar Pradesh as a party to the writ petition. In the absence of the State the petitioner cannot be permitted to challenge the validity of the U. P. Taxation Laws Amendment Act, 1963.32. In the next place it was urged for the petitioner that a 'Dealer' is under the Act liable to tax on its "turnover"Section 2(1)of the Act indicates "turnover" to mean the aggregate amount of the proceeds of "sale" of a dealer. Before the
proceeds of a transaction can be taxed it must be transaction of sale as understood in theSale of Goods Act. As so understood, it is essential that there should be a mutual assent between the vendor and the purchaser before a transaction can in law be treated as a "sale". The argument proceeds that the petitioner has by Statute been forced to maintain the canteen and he having no choice or volition of his own, the transaction, of supplying refreshments etc. in the canteen cannot be designated as a "Sale"33.InState of Madras v. Gannon Dunkerley & Company (Mad) Ltd., AIR 1958 SC 560 the Supreme Court held that the power conferred by Entry No. 48 List II was restricted to enacting legislation imposing tax liability in respect of sale of goods as understood in theSale of Goods Act, 1930, and that the Provincial Legislature under theGovernment of India Act, 1935had no power to tax a transaction which was not a sale of goods, as understood in theSale of Goods ActThis view was reiterated by the Supreme Court inNew India Sugar Mills Ltd. v. Commissioner. Sales Tax, Bihar AIR 1963 SC 1207 Their Lordships in the latter case further observed :"It is manifest that under theSale of Goods Acta transaction is called sale only where for money consideration property in goods is transferred under a contract of sale.Section 4of the Sale of Goods Act was borrowed almost verbatim from Section 1 of the English Sale of Goods Act, 56 and 57 Vict. C. VI. As observed by Benjamin in the 8th Edition of his work on 'Sale'. 'to constitute a valid sale there must be a concurrence of the following elements viz. (1) parties competent to contract; (2) mutual assent; (3) a filing, the absolute or general property which is transferred from the seller to the buyer; and (4) a price in money paid or promised.'"34. The contention for the petitioner is that the second necessary element, namely, mutual assent is lacking in me present case. It is said that the Statute forces the petitioner to run a canteen. Under the Factory Rules, the petitioner has no choice in the conduct of the canteen or in fixing the prices or in the persons who can be served in the canteen. For this aspect, reliance is placed on the Supreme Court decision inNew India Sugar Mills' case, MR 1963 SC 1207. In that case the course of dealing was that the Government of various States used to intimate to the Sugar Controller of India their requirements of Sugar from time to time. Similarly, the factory owners used to send to the Sugar Controller a statement of stocks of sugar held by them. The Sugar Controller used to make allotments directing the sugar companies to supply sugar to the State Government in question specified quantities of sugar. In pursuance of the allotment order, sugar used to be supplied on payment of price.35. It was contended that the sugar despatched pursuant to the direction of the Controller was not 'Sale' by the mills to the Governments of the State and sales tax was not exigible in respect of those despatches. The Supreme Court held that before a transaction can in law be a sale, it must be based on a contract for sale for which mutual assent of the contracting parties is essential, that is to say, there ought to be a voluntary
offer and acceptance of the offer. The Supreme Court held that when the Provincial Government gave intimation of its requirements to the Sugar Controller, it did not make any offer to purchase to the Controller because the Controller was not the manufacturer of sugar or its agent. The communication of the allotment order to the sugar mill was not of any offer made by the purchasing State which it was open to the assessee to accept or decline. Mere compliance of the despatch instructions of the Controller, which in law the Sugar mill could not decline to carry on, did not amount to acceptance of an offer. Their Lordships further observed that there being no offer or acceptance, the_ parties never came in contract as contracting parties and the despatch of sugar did not result in any sale of goods.36. It is manifest thatin that caseindividual transactions themselves were controlled. The parties had no volition or choice in making the transaction itself,37. In the instant case, at the point of time when the transaction takes place, namely, when a particular refreshment or drink is supplied in the canteen, there is no control by any outsider. The petitioner company displays the goods in the canteen for the use of its workmen. Thereby it invites offers from the workmen. The workmen are free to visit or not the canteen. When they visit the canteen and take the goods, they voluntarily make an offer. The canteen accepts the offer and makes the supply on payment of the price, A contract results and the properly in the goods passes. At the point of time when the transaction takes place the parties come in contact and do enter into a contract of sale voluntarily, In my opinion, the transaction in the canteen is a "sale" within the meaning of theSale of Goods Act, 1930.38. Mutual assent may be express or implied. Offer and acceptance in order to make a contract need not be in the ordinary form known to a trader. In order to ameliorate the lot of poverty-ridden labourers, the legislature has made regulatory laws.The Factories Actand its Rules are an example. These impose conditions subject to which a person can many on a business by employing more than 250 workers in a factory. One condition is that he must maintain a canteen for the benefit of his workmen. This is not an absolute restriction. It is open to a person not to carry on any business by employing more than 250 workmen, but if he does so he impliedly consents to make contracts in respect of refreshments, etc. in a canteen established by him. The fact that the price is controlled by the managing committee is not material. The provision of the managing committee is ostensibly to ensure efficient management and to ensure a fair deal to the workers. It is not intended to control the offer or acceptance at the time when the transaction takes place, Under the law of Sale of Goods, the motive force impelling a person to create conditions wherein he would be in a position to make offers or accept them, is immaterial. It cannot be urged that the petitioner is a servant or agent carrying out the legislative mandate of theFactories Actand the Rules. The petitioner is dealing not with any master's property or attending merely to a master's interests. The
canteen is the property of the petitioner. The petitioner makes specific bargains therein. The relationship between the petitioner and the workmen is that of vendor and purchaser. In my opinion, the transactions carried on at the canteen do in law answer the connotation of "sale".39. The petitioner company in running the canteen is a "dealer", the transactions whereof are "sales" and are liable to tax under the provisions of the U. P. Sales Tax Act.40. In the result, the petition is liable to be dismissed.41. In Civil Misc. Writ No. 1447 of 1963 J. K. Jute Mills Co. Ltd. v. Sales tax Officer, similar questions are raised. Along with J. K. Jute Mills Company Limited, Kanpur Sri Sunder Lal is also a petitioner. It is stated in the petition that Sri Sunder Lal is a contractor and he manages the canteen on behalf of the company. The terms of the contract have not been disclosed in the petition. If Sri Sunder Lal is merely a servant or agent of the company, he has no independent status or locus standi to maintain the petition. But if he is an independent contractor, he is running the canteen in pursuance of a contract entered into by him voluntarily with the company. He cannot complain that he is running the canteen under any statutory obligation. The other points raised in this petition have already been dealt with above.42. This petition also deserves dismissal.43. In Civil Miscellaneous Writ No. 1291 of 1963 Aligarh Muslim University is the petitioner. It maintains dining-halls wherein it serves food and refreshments to its resident students. The Sales Tax Officer, Aligarh by an order dated 13-3-1983 assessed the University to sales tax on its turnover of Rs. 2,75,687.39 n.P. for the year 1957-58, He on 20th February, 1963 issued a notice under Section 21, U. P. Sales Tax Act, for initiating assessment proceedings for the year 1958-59 in respect of the turnover of food and refreshments served by the University. The petition states that the first respondent is threatening to take action for assessment of sales tax for subsequent years. The petition prays that the assessment order dated 13-3-1963 be quashed and the respondents be prohibited from taking any proceedings in virtue of the notice dated 20th February, 1963. It is contended that the University is not a "dealer" within the meaning ofSales Tax Actand the transactions of supply of food and refreshments to the students do not answer the connotation of the term "sale". As such, the provisions of the U. P. Sales Tax Act are not attracted to the University and the respondent has no jurisdiction to proceed to assess the University to sales tax.44. The Aligarh Muslim University is predominantly a residential and teaching University. Chapter XII of the Academic Ordinances framed by the University provides that at least 75% of the students of the university shall be resident students. The University has established several 'halls' for residential purposes. Each hall has several hostels and has a dining-hall, a prayer room a common room and a playground. Chapter XLIX of the Regulations of the Academic Council provides that the dining-hall shall be under the supervision of a warden who shall supervise meals and shall be in charge of the supervision of the dining-hall, and
that the meals shall be served in the dining-hail morning and evening at notified hours. Every resident student of the University has tn join the dining-hall. From a perusal of the Prospectus of the University (Page 68) it appears that the University charges from its resident students the following monthly fees:"Resident1. Food and Nastha (including Rs.Sulaimart Hall) ................ 31.00
2. Kitchen establishment ............ 3.50
8. Establishment Fee .... .... ...... 6.75
4. Light charges. ... ...... .... 3.50
5. Hall Games Fee ............ 0.50
6. Hall amenities .. ........ 0.50
Total 45.75
Note:--Food charges in Sulaiman Hall are Rupees
23.50 (Excluding Nasha)"45. The following rules with respect to food and Nastha charges are mentioned:1. Students joining a Hall after the 15th of a mouth shall pay half food charges for the month and those who join after the 25th shall pay Re. 1 per clay for food. Other hostel charges shall be charged for the whole month.2. In the months of April and May the food charges of the examinees will be on weekly basis for a period not exceeding 21 days. If the period exceeds 21 days, the student will be charged for the whole month.3. In case a student has been exempted by the Provost on medical or other grounds from taking his meals from the Dining Hall he shall be charged Rs. 3.50 for Dining Hall Establishment P. M. and Aftab Hall students may be exempted from Nastha as well. Application for such exemption from food and Nastha charges must reach the Provost before the commencement of the calendar month for which exemption is claimed.4. Students who were on leave of absence from the hostel or who were permitted by the Provost not to take meals from the Dining Hall for one full Fortnight will be allowed a remission of half charges.5. Remission will be granted only to such students as obtain previous permission from the Provost for absence from the Hall or exemption from taking their meals in the Dining Hall provided they apply for such remission within 30 days from the last date of the period for which remission is claimed.6. Proportional remission from food charges shall be allowed to students in the following cases:(i) When a student is on leave of absence from the hostel for one week or more during the autumn recess or winter holidays, or on account of his participation in the N.C. Camps, authorised University tours including Games tours and Departmental excursions etc.(ii) When a student is on leave of absence from the hostel for more than one calendar month on medical grounds.46. It is apparent that the fee charged under the head 'Food and Nastha' is not the actual price of the food in fact consumed by a student It appears to be approximated with the expense that the University may incur in providing the food and Nastha to the students. The remissions in the fees for food and Nastha are an exception. Generally each resident student has to pay the monthly fee irrespective of the amount of food that he consumes or the number of days that he actually
utilises the dining-hall services.47. One essential ingredient of a "sale" is price in money paid or promised. The question for consideration is whether the fee charged by the University from each resident student is a price in money. In its nature and character price is essentially different from a fee. The following observations of Shah, J. (as he then was) are apposite:Ratilal Panachand v. State of Bombay, AIR 1953 Bom 242 at p. 258 Pr. 48):"The argument in my view loses sight of the essential character of a fee. A fee is not a payment in the nature of price paid for buying an article or remuneration for services rendered pursuant to a contract. The fee levied is the distributive share of the liability under a scheme for distribution of liability which falls on any person who either claims the service or who obtains the benefit of the service provided by a State, whether or not that person obtains his share of service which he regards in value as equivalent to the amount that he is called upon to pay."His Lordship goes on to observe:"There is a distinction--and a well recognised distinction--between what may be regarded as price for service which may be obtained and the levy of a lee. If a compulsory service is provided by the State all persons who became eligible for the service have to pay for the same, according to the rate at which the liability is imposed. Provided the total cost of supplying the service bears a just and true relation to the total levy, it is immaterial that burden of the levy on some persons is not commensurate with the value of the service actually rendered to them."48. The principle enunciated by Shah, J. is applicable to the instant case. Here the charges paid by the students bear a rather remote relation to the actual value of the food stuffs received and consumed by them. The total cost of supplying the food service bears a just and true relation to the total charges made in the shape of food stuffs. Annexure 'A' to the petition is a copy of the assessment order passed by the respondent for the assessment year 1957-58 as against the petitioner. It shows that during that year the University received a sum of Rs. 2,75,687.39 nP. as Food and Nastha fee, while, the University spent a sum of Rupees 2,81,341.87 n.P. on this account.49. The levy of a fee by the University is, in vieu of the facts, a fee properly so called in law. It is not price for the food stuffs. If the food and nastha charges paid by the students are not price, the transaction of supplying them cannot be termed a "sale" In that view, sales tax will not be exigible on the University in respect of the dining-hall service.50. It was also argued by the learned counsel for the petitioner that the University does not carry on the business of buying and selling and, as such, it does not answer the definition of the term "dealer" This argument is contested by the learned counsel for the respondents For the respondent, reliance is placed upon the case of theState of Bombay v. Hospital Mazdoor Sabha, AIR 1960 SC 610. In this case Gajendragadkar, J. (as he
then was) speaking for the Court held that a group of hospitals run by the State for the purpose of giving medical relief to the citizens and for helping to impart medical education are an undertaking within the meaning of the term "industry" as defined in theIndustrial Disputes Act. The definition of "industry" in that Act is very wide. It includes a trade or business or service. His Lordship in paragraph 12 of the judgment observed:"If all the words used are given their widest meaning, all services and all callings would come within the purview of the definition; even service rendered by a servant purely in a personal or domestic matter or even in a casual way would Fall within the definition.... .......We must, therefore, consider where the line should be drawn............. and that no doubt is
somewhat difficult problem to decide."51. On the other hand, the learned counsel for the petitioner relies upon the case ofNational Union of Commercial Employees v. M.R. Meher, AIR 1962 SC 1086. In this case Gajendragadkar, J., speaking for the Court held that a Firm of solicitors carrying on the work of an attorney is not an 'industry' within the meaning of theIndustrial Disputes Act.52. For the petitioner, reliance is also placed on University of Delhi v. Bam Nath, AIR 1963 SC 1873. In this case also Gajendragadkar, J., spoke for the Court. It was held that the work of imparting education conducted by educational institutions like the University of Delhi and the college run by it is not an 'industry' within the meaning ofSection 2(j)of the Industrial Disputes Act, His Lordship observed:"Education seeks to build up the personality of the pupil by assisting bis physical, intellectual, moral and emotional development. To speak of this educational process in terms of industry sounds so completely incongruous . . . ....."Prima facie to speak of this educational process in terms of being a "business" equally sounds incongruous.53. In paragraph 8, Gajendragadkar, J., proceeded to observe:"It is true that like all educational institutions the University of Delhi employs subordinate staff and this subordinate staff does the work assigned to it; but in the main scheme of imparting education, this subordinate staff plays such a minor, subordinate and insignificant part that it would be unreasonable to allow this work to lend its industrial colour to the principal activity of the University which is imparting education. Paragraph 9 of this Judgment reads:"It is well known that the University of Delhi and most other educational institutions are not formed or conducted for making profit; no doubt, the absence of profit motive would not take the work of any institution outsideSection 2(j)if the requirements of the said definition are otherwise satisfied. We have referred to the absence of profit motive only to emphasise the fact that the work undertaken by such educational institutions differs From the normal concept of trade or business."54. The learned counsel for the petitioner argues, and in my opinion not without force, that the activity of providing meals to its residential students is such a minor, subordinate and insignificant part that it would be unreasonable to allow this work to lend a business colour to the University so as to make it an institution carrying on the business of buying and selling. The Supreme Court further observed in the case of the University of Delhi, AIR 1963 SC 1873:"Education in its true aspect is more a mission and a vocation rather than a profession or trade or business, however wide may be the connotation of the two latter words under the Act."55. The University dining-hall service cannot be compared with a hotel serving its guests. Arbuckle in his book "Student Personnel Services in Higher Education" at page 205 observes :"There is general agreement that the institution is responsible for the physical, mental and emotional well-being of the student who lives on the campus twenty four hours a day. The college obviously has a greater responsibility to a dormitory student than a hotel has to one of its guests. If an institution of higher learning is interested in a complete education for its students, then it will accept the responsibility for the total living conditions that they experience during their stay on the campus.""The aim of education is the creation of a well-educated, healthy young generation imbued with a rational progressive outlook on life." (at page 1876)56. The dining-hall service is an integral part of the University for imparting education to the students. It is indissolubly blended with, and is an inseparable component of education of this University. I find it difficult to appreciate the respondent's argument that the dining hall service of the University should be separately treated and qua this activity the University should be treated as carrying on the business of buying or selling. In my opinion, the University is not a "dealer" as defined by the Safes Tax Act.57. This petition is entitled to succeed. I would quash the assessment order and prohibit the respondents from proceeding further with the assessment proceedings initiated under notice, dated 20th February, 1963.BY THE COURT:58. Civil Miscellaneous Writs Nos. 2572 of 1963 and 1447 of 1963 are dismissed with costs.59. Civil Miscellaneous Writ No. 1291 of 1963 is allowed with costs. The order of opposite party No. 1 dated 13-3-1963 (Annexure 'B' to the writ petition) is quashed. The opposite parties are prohibited from pursuing the assessment proceedings initiated under the notice dated 20-2-1963 (Annexure 'C' to the Writ petition). |
533ed889-038b-5737-bd14-dea94be71eab | court_cases | Patna High CourtGokul Pathak vs The State Of Bihar on 11 October, 2017Author:Sanjay KumarBench:Sanjay KumarIN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19689 of 2014
Arising Out of PS.Case No. -45 Year- 2013 Thana -RAHIKA District- MADHUBANI
===========================================================
1. Gokul Pathak Son of Late Yugshwar Pathak Resident of Village - Basauli, P.S.-
Rahika, District -Madhubani
.... .... Petitioner/s
Versus
1. The State of Bihar
2. (Kashi Nath Sah) Shashi Nath Sah, S/o Satyanarayan Sah, Resident of Village-
Basauli, P.S.- Rahika, Dist- Madhubani.
.... .... Opposite Party/s
===========================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha
For the Opposite Party/s : Mr. Akhileshwar Dayal, APP
===========================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL JUDGMENTDate: 11-10-2017
This application underSection 482of the Code of Criminal
Procedure has been filed to quash the order dated 02.12.2013 passed
by the learned Chief Judicial Magistrate, Madhubani in G.R. No. 990
of 2013 arising out of Rahika P.S. Case No. 45 of 2013 whereby and
whereunder the learned Magistrate took cognizance for the offence
underSections 436and427/34of the Indian Penal Code against the
petitioner.2. Heard both sides and perused the record.3. It appears that on the written report of the Opposite Party
Patna High Court Cr.Misc. No.19689 of 2014 dt.11-10-20172/3No. 2, a police case vide Rahika P.S. Case No. 45 of 2013 was
registered underSections 435and427/34of the Indina Penal Code. It
has been alleged that this petitioner hurled threat to the informant to
remove his shop from his locality and on 21.05.2013, when he after
closing his shop was returning to his house, this petitioner and other
co-accused sprinkled petrol and put his shop on fire causing loss to
the articles kept in the shop worth Rs. 45,000/-. In course of enquiry,
the witnesses have supported the allegation of putting the shop of the
informant on fire by this petitioner. The statement of the witnesses is
recorded at paragraphs 5, 6, 7, 8, 10, 11 and 19 of the case diary. The
police have also found sign of burning of shop at the place of
occurrence vide paragraph-9 of the case diary. After investigation,
police submitted charge-sheet against the son of this petitioner for the
offence underSections 435and427/34of the Indian Penal Code. The
learned Magistrate, however, considering the allegation of putting the
shop on fire against both the accuseds has taken cognizance against
them for the offence underSections 436and427/34of the Indian
Penal Code. The defence of the petitioner that he is physically
handicapped and further that the witnesses are interested and hearsay
witnesses cannot be taken into consideration at this stage.4. In view of the discussions made above, I do not find any
merit in this application requiring interference in the impugned order
Patna High Court Cr.Misc. No.19689 of 2014 dt.11-10-20173/3under inherent jurisdiction. This application is accordingly dismissed.(Sanjay Kumar, J)
ajay gupta/-AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.10.2017
Transmission 18.10.2017
Date |
095deae6-ec45-545f-86c1-205c444eb0c1 | court_cases | Madhya Pradesh High CourtBhupendra Pratap Singh Kushwah vs State Of M.P. on 30 October, 2014W.A.No.34/2013
( Bhupendra Pratap Singh Kushwah Vs. State of M.P. )
22.09.2014
Shri Ajay Bhargava, Advocate for the petitioner.
Shri R.P. Rathi,Govt. Advocate for the Respondentsno.1 and 2/State.Shri Deepak Chandana, Advocate for the respondent
no.3.(Sheel Nagu) (S.K. Palo)
Judge Judge
sh/-W.A.No.34/2013( Bhupendra Pratap Singh Kushwah Vs. State of M.P. )
30.10.2014
Shri Ajay Bhargava, Advocate for the petitioner.
Shri R.P. Rathi,Govt. Advocate for the Respondents
no.1 and 2/State.Shri Deepak Chandana, Advocate for the respondent
no.3.I.A. No. 337/13, an application has been filed seeking
condonation of delay of 280 days in preferring this writ
appeal, which is considered and allowed for reasons
mentioned therein.This writ appeal filed under Section 2(1) of the
Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth ko
Appeal) Adhiniyam 2005 assails the final order passed on
21.02.2012 in W.P. No. 3072/2009(S) by the learned Single
Judge dismissing the petition in question.Learned counsel for the rival parties are heard.
Learned counsel for the petitioner/appellant submits
that the advertisement in question for appointment to the
post of Patwari issued in the year 2008 did not categorize
any of the vacancies to be reserved for handicapped
persons, and therefore the appellant despite suffering fromW.A.No.34/2013physical disability to the extent of 40% could not mention in
his application that he belongs to the handicapped
category. It is further submitted that accordingly the
candidature of the appellant was adjudged as an
unreserved candidate, thereby relegating the appellant to a
lower merit rank foreclosing his right to be appointed. It is
submitted that when the result was declared, certain
candidates were shown to be considered in the
handicapped category. It is thus submitted that if the
appellant knew that the reservation for handicapped
persons was available in the selection in question, then
appellant would have applied as handicapped candidate. It
is thus lastly contended that by not mentioning any
reservation for handicapped category, the respondent
employer has not only denied rightful consideration of the
appellant for public employment available to him underArticle 16of Constitution of India, but has also violated the
object of the beneficial legislation contained in Persons withDisabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act,1995.The scrutiny of the impugned order passed by the
learned Single Judge discloses that the petition failed on
account of the appellant having left, the space forW.A.No.34/2013handicapped in the OMR sheet/application form, as blank
leading to the appellant being considered as an unreserved
category candidate.After hearing the learned counsel for rival parties and
considering the material placed on record, this Court is of
the considered view that even if the contention of the
appellant is treated to be true, that he was denied the
rightful claim of being considered for public employment on
account of the State having failed to mention any
reservation for handicapped category persons in the
advertisements, the undeniable is that the disability
certificate (vide P-5 in W.P.) of suffering from 40% mild
disability was issued on 26.06.2009 which is subsequent in
point of time to the process of recruitment in question which
took place in 2008.Even before this Court in the present writ appeal, the
appellant is unable to demonstrate that the disability as
reflective from the above said certificate P-5 existed, even
when the appellant applied for recruitment in question.In view of the above, this Court is afraid that no relief
can be granted to the appellant for having failed to establish
existence of disability of 40% at the time of applying for
recruitment to the post of Patwari in 2008.W.A.No.34/2013Thus, we concur with the view taken by the learned
Single Judge of dismissal of the petition, but for a different
reason as stated above.Consequently this writ appeal is dismissed.
No order as to cost.(Sheel Nagu) (S.K. Palo)
Judge Judge
sh/- |
f4382f4f-a13c-5c39-8d27-64fdc38f61ce | court_cases | Customs, Excise and Gold Tribunal - DelhiBusiness Combine Limited vs Collector Of C. Ex. on 9 December, 1997Equivalent citations: 1998(100)ELT355(TRI-DEL)ORDER
Shiben K. Dhar, Member (T)1. This Appellants are alleged to have manufactured sand moulds falling under Chapter Heading 44.80 and involving Central Excise duty of Rs. 1,89,046.50 cleared during the period from 1-3-1986 to 28-7-1986 without classifying the product and without issuing the gate passes for their captive consumption.2. When the matter was called none appeared on behalf of the Appellants. However, the appellants have requested decision on merits.3. Arguing on behalf of the Respondents the ld. DR submits that these sand moulds could not be given exemption under Notification No. 220/86 as this Notification grants exemption to moulds for metals.4. We have carefully considered the submissions and perused the records. Notification No. 220/86, dated 2-4-1986 exempts among other products moulds for metal (other than ingot moulds). The appellants in appeal memorandum contended that the department has completely ignored the Notification No. 220/86, dated 2-4-1986 as amended by Notification No. 279/86, dated 24-4-1986 which also exempts moulds for metals. They manufacture iron castings and motor vehicle parts and were regularly filing classification. Their activities were within the knowledge of the department. It is also pleaded by them that in an identical case show cause notice issued for the period 1-3-1988 and 1-3-1988 which was within the period of six months has been dropped on adjudication by the Additional Collector.5. As indicated earlier Notification No. 220/86, dated 2-4-1986 granted exemption to moulds of metals. It is well known fact and technological necessity that iron castings cannot be manufactured without sand moulds. Therefore one has to presume that it was within the knowledge of the department. Apart from this we find that show cause notice dated 1-12-1988 issued for the period 1-3-1986 to 28-7-1986 does not invoke any of the ingredients to justify the extended period under proviso to Section 11 A. It merely asks the appellants to show canse why duty should not [be] demanded and penalty imposed for not paying the duty during the period in question. Mere omission to disclose the correct information is not suppression of facts unless it was deliberate to evade payment of duty. Where facts are known to both the parties the omission on the part of one cannot render it suppression, [see Hon'ble Apex Court judgment in the case ofPushpam Pharmaceuticals Company v. C.C.E., Bombayreported in 1995 (78) E.L.T. 401 (S.C.)]. In view of this we set aside the impugned order and allow this appeal. |
2f0715ef-df0f-58c9-ba4a-9d9d40704240 | court_cases | Jharkhand High CourtBabu Chand Ram vs Central Coalfields Limited on 2 July, 2018Equivalent citations: AIRONLINE 2018 JHA 153Author:S.N. PathakBench:S. N. Pathak1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 578 of 2017
Babu Chand Ram .... ... Petitioner
Versus
1. Central Coalfields Limited, through its Chairman-cum-Managing Director,
Darbhanga House, Ranchi
2. Senior Manager, Vigilance, Central Coalfields Limited, Darbhanga House,
Ranchi
3. General Manager, Central Coalfields Limited, Rajrappa Area, Ramgarh
... ..... Respondents
------CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK
-----
For Petitioner : Mr. Indrajeet Sinha, Advocate
Mr. Vipul Poddar, Advocate
For Respondents : Mr. Amit Kumar Das, Advocate
---05/ 02.07.2018 The petitioner has approached this Court with a prayer for quashing
the office order under Ref. No. 1320 dated 17.12.2016 passed by the General
Managr/Disciplinary Authority, Rajrappa Area, Central Coalfields Limited, whereby
and whereunder, Enquiry Officer has been appointed to enquire into the charges
framed against the petitioner in terms of Clause 2.3 of the Certified Standing Orders
and further as per the settled principles of Departmental Enquiry the Enquiry Officer
has been advised to submits his findings at the earliest but not later than six
months from the date of appointment of the Enquiry Officer in terms of the directive
of CVC.The short facts lying in narrow compass is that the petitioner was
appointed to the post of General Mazdoor under Category I on 24.04.1990 under
the respondents. An FIR, being R.C. case No. 11 (A ) of 2015-R dated 15.12.2015
was registered for the offence punishable under Section 120 B read withSections
420,468and471of the IPC andSection 13 (2)read withSection 13 (1)(d)of the
Prevention of Corruption Act, 1988. It has been alleged in the FIR that while the
petitioner was posted as Amin, Central Coalfields Limited, Rajrappa Area, he
abused his official position and dishonestly and fraudulently raised / processed the
proposals/applications for providing employment of six private persons as General
Mazdoor, Category I in the Central Coalfields Limited, including Sri Chandan
Kumar, nephew of the petitioner showing him as descendant of late Komal Tirkey,
knowing full well that said Chandan Kumar is not related with the family of late
Komal Tirkey and was not legally entitled for employment in lieu of land acquired by
the Respondent-Central Coalfields Limited. In the said FIR, Sri P.K. Mishra,
Inspector, Central Bureau of Investigation, ACB, Ranchi was appointed as
Investigating Officer.It is further the case of the petitioner that after completion of
investigation, charge sheet was submitted against the petitioner on 30.06.2016 for2the offences punishable under Section 120 B read withSection 420,468and471of the IPC andSection 13 (2)read withSection 13 (1) (d)of the Prevention of
Corruption Act, 1988. On the same set of allegation, a departmental enquiry was
initiated against the petitioner in which charge sheet under Ref. No. 134 dated
18.10.2016 was served upon the petitioner, directing him to submit his explanation
within a week from the receipt of the charge sheet and four articles of charges were
framed against the petitioner. Thereafter, the petitioner submitted his reply on
26.10.2016 before the respondent, explaining his stand in respect of Charge sheet
No. 134 dated 18.10.2016 and denying the charges levelled against him.
Subsequently, vide Office Order under Ref. No. 1320 dated 17.12.2016 passed by
the General Managr/Disciplinary Authority, Rajrappa Area, CCL, Enquiry Officer has
been appointed to enquire into the charges framed against the petitioner in terms of
Clause 2.3 of the Certified Standing Orders and further as per the settled principles
of Departmental Enquiry, the Enquiry Officer has been advised to submit his
findings at the earliest but not later than six months from the date of appointment of
the Enquiry Officer in terms of the directive of CVC. It is the specific case of the
petitioner that if departmental proceeding and the criminal case are based on
identical and similar set of facts and the charges in the criminal case against a
delinquent employee is of grave nature, it would be desirable to stay the
departmental proceeding till conclusion of the criminal case. Therefore, on receipt
of the same, the petitioner approached before the respondents and prayed to stay
the departmental proceeding on the ground that the continuance of the same, will
prejudice the case of the petitioner before the Criminal Court. The petitioner, thus
has prayed, by filing this writ application, to direct the respondents not to proceed
with the departmental proceeding which arises, on the same set of facts.Mr. Indrajeet Sinha, learned counsel for the petitioner submits that the
respondents while passing the impugned order has not considered the fact that the
charges in the departmental proceeding are replica of the charge sheet submitted
by the CBI in criminal proceeding. Learned counsel further submits that on the facts
of the case, the departmental proceedings needs to be stayed till final disposal of
the criminal case. He submits that if the departmental proceeding is allowed to
continue, his entire defence will have to be opened, which will have direct adverse
bearing upon the criminal case. He submits that the impugned order dated
17.12.2016 is not sustainable in the eyes of law in view of the fact that in the cases
in which charges in the departmental proceeding and the criminal proceeding are of
same nature, completely based on same set of facts and evidence to be produced
in the departmental proceeding and before the Trial Court, the same is liable to be
quashed.Per contra, counter affidavit have been filed on behalf of the3respondents. Mr. Amit Kumar Das, learned counsel appearing on behalf of the
respondents very fairly submits that issues involved in this writ petition have
already been decided by a co-ordinate Bench of this Hon'ble Court in its judgment
delivered on 12.08.2016 in W.P.(S) No.4425 of 2015 and since the Hon'ble Court
has dismissed the said writ application, this case may also be dismissed in view of
the observations made in W.P.(S) No.4425 of 2015.After hearing the learned counsel for the respective parties and on
perusal of the records, this Court is not inclined to interfere and accede to the
prayer of the petitioner as the similar issue fell for consideration before this Hon'ble
Court in W.P.(S) No.4425 of 2015 and vide order dated 12.08.2016, a co-ordinate
Bench of this Hon'ble Court was of the view that:-22. In view of what has been held above, I am of the view that
continuance of the departmental proceeding cannot be stayed merely
because a criminal case of similar nature is pending against the
petitioner.23.In the facts and circumstances of this case, especially relying upon
the judgment delivered by the Hon'ble Supreme Court in the case ofKendriya Vidyalaya Sangathan & Ors. Vs. T.Srinivas(supra), whose
facts is similar to that of the case in hand, I do not find it proper to stay the
departmental proceeding till disposal of the criminal case.As a cumulative effect of the aforesaid judicial pronouncement, rules,
guidelines and observations, I do not find any merit in the instant case. Resultantly,
this writ petition stands dismissed.(Dr. S.N. Pathak, J.)
punit/ |
51572768-676d-5dc2-a6cb-2f81cfff6c73 | court_cases | Central Administrative Tribunal - DelhiGeeta Ram vs M/O Railways on 27 July, 2018CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA 2560/2017
New Delhi this the 27th day of July, 2018
Hon'ble Ms. Nita Chowdhury, Member (A)
Hon'ble Mr. S.N. Terdal, Member (J)
Shri Geeta Ram,
S/o Shri Manohar Lal,
Aged 58 year,
Working as Khallasi (Group-C),
Under Sr. Section Engineer,
(P.Way), South, Mathura Junction,
Mathura (U.P). ... Applicant
(By Advocate: Mr. Manjeet Singh Reen)
VERSUS
Union of India & Others
1. The Secretary,
Ministry of Railways,
Railway Board, New Delhi.
2. The General Manager,
North Central Railway,
Allahabad (U.P).
3. The Divisional Railway Manager,
North Central Railway,
Agra ( U.P.). ... Respondents
(By Advocate: Mr. Satpal Singh)
O R D E R (Oral)
Ms. Nita Chowdhury, Member (A):This Original Application (OA) has been filed by the
applicant seeking the following reliefs:-"8.1 That this Hon'ble Tribunal may graciously be
pleased to allow this Original Application set
aside the impugned order dated 24.10.2016 to
the extent his son name may be included in the
selection list with all consequential benefits.28.2 That this Hon'ble Tribunal may graciously be
pleased to directing the respondents to appoint
his son under LARSGESS Scheme with all
consequential benefits.8.3 That this Hon'ble Tribunal may graciously be
pleased to directing the respondents to consider
his son case for extending the benefit of
Liberalized Active Retirement Scheme for
Guaranteed Employee for Safety Staff
(LARSGESS) with all consequential benefits.8.4 That this Hon'ble Tribunal may graciously be
pleased to direct the respondents to produce all
relevant records before this Hon'ble Tribunal in
the interest of justice.8.5 That any other or further relief which this
Hon'ble Tribunal may be deem fit and proper
under the circumstances of the case may also
be granted in favour of the applicants.8.6 That the cost of the proceedings may also be
awarded in favour to the applicants."2. The applicant, in this OA, is the employee of the Railways
and seeking employment under the Liberalised Active Retirement
Scheme for Guaranteed Employment for Safety Staff (in short,
LARSGES Scheme) for his son.3. When the present OA was taken up for hearing, it was found
that in CWP No.7714/2016, the Hon'ble High Court of Punjab &
Haryana at Chandigarh, by its judgment dated 27.04.2016, inKala Singh and Others v. Union of India & Others, by holding
that the LARSGES Scheme does not stand to the test ofArticles
14and16of the Constitution of India and that the policy is a
device evolved by the Railways to make back-door entries in
public employment and brazenly militates against equality in
public employment, directed the Railway authorities that hitherto
before making any appointment under the offending policy, its
validity and sustainability be re-visited keeping in view the3principles of equal opportunity and elimination of monopoly in
holding public employment.4. It is further seen that the SLP (C) No.4482/2017 filed
against the decision inKala Singh & Others(supra) was
dismissed by the Apex Court by its order dated 06.03.2017.Thereafter, the Review Application No.RA-CW-330/2017, dated
14.07.2017 filed by the Railways inKala Singh & Others(supra)
before the Hon'ble High Court of Punjab and Haryana was also
dismissed on 14.07.2017.5. It is also relevant to note that an identical scheme like
LARSGESS, framed for the benefit of the employees of the
Singareni Collieries Company Limited, was declared to be violative
ofArticles 14and16of the Constitution of India by the Hon'ble
High Court of Judicature at Hyderabad for the States of Telangana
and Andhra Pradesh, andthe said decisionwas upheld by the
Hon'ble Apex Court by its order dated 17.04.2017 in SLP No.
11566/2017 (Telangana Boggue Gani Karmika Sangam v. K.
Satish Kumar and Others).6. Further, it may also be mentioned that the same very issue,
as raised in this OA was already considered and adjudicated by
the Co-ordinate Benches of this Tribunal in OA No. 3936/2017 and
batch -Jai Prakash and Others v. Union of India & Ors.and
after considering the judgment of the Apex Court judgment in the
case ofTelangana Boggue Gani Karmika Sangham(supra),
the OAs were dismissed. Hence, that judgment has attained
finality.47.In the circumstances and in view of the decision of the
Hon'ble Apex Court inTelangana Boggue Gani Karmika
Sangham(supra) and for the aforesaid reasons, the instant OA is
dismissed being devoid of any merit. No costs.( S.N. Terdal) ( Nita Chowdhury)
Member (A) Member (J)
/lg/ |
0314a496-abae-5c94-abd0-23a6094eeb3e | court_cases | Allahabad High CourtOm Prakash Pandey vs Vice Chancellor, Kashi Vidyapeeth, ... on 5 May, 1995Equivalent citations: AIR1995ALL429, (1995)2UPLBEC1240, AIR 1995 ALLAHABAD 429ORDER1. The petitioner claims a relief for quashing of the order dated 29-4-1995 rejecting the nomination paper of the petitioner by which he has been deprived of participating in the election of the students Union of Kashi Vidyapeeth, Varanasi. There are two orders on the record, Annexure 5 to the writ petition, of the same date. The order annexed at page 15 of the paper book speaks that on 27-4-1995 there had been an incident within the premises of Kashi Vidyapeeth in which illegal and unlawful assembly was formed and slogans were raised by the students and the petitioner was the leader of the mob and the mob led by the petitioner had interfered in the University authorities in conducting their normal working and the university property was also damaged. The
authorities and officials of the University and police were assaulted and injured. They were also threatened by the group led by the petitioner. In the University premises there were arson, blasting of bombs and stone pelting. Indispcipline was prevailing every where and in the criminal activities active participalion was of the petitioner and one Rakesh Singh Guddu, By this order, they were suspende and their entry in the premises of Kashi Vidyapeeth was prohibited.2. By another order the Vice Chancellor on the same date i.e. 27-4-1995 expelled the petitioner for two years on account of terrorist and violent indisciplined acts committed by the petitioner. The order of suspension has been made effective with immediate effect. The petitioner has also been prohibited from entering the premises of the Kashi Vidyapeeth.3. The learned counsel for the petitioner submitted that the petitioner has not been restricted. He has simply been suspended. Unless the petitioner was restricted, the order rejecting the nomination paper is wholly without jurisdiction and such order cannot be sustained. The nomination paper has already been filed. Election is scheduled to be held tomorrow. The learned counsel for the petitioner cited a number of decisions by which he attempted to persuade the Court that the order passed was arbitrary and in violation of rule of natural justice. There was no other effective remedy available to the petitioner for his redress.4. After hearing the learned counsel for the petitioner I do not think that this is tit case in which this Court should interfere. In view of the facts and allegations made in the impunged orders this Court should also not turn itself into a court of fact for adjudicat Ing the disputed question whether such incident took place and whether there was actual participation of the petitioner or not. These questions are left to be decided by the authorities below.In the case ofVice Chancellor, Utkal University v. S.K. Ghoshreported in AIR 1954 SC 217 : 1954 SCR 883, wherein the five judges Constitution Bench was pleased to hold that though an
incorporated like an University is a Jegal entity. It has neither a living mind nor voice. It can only express its will in a formal way by a formal resolution and so can only act in its corporate capacity by resolution properly considered, carried and duly recorded in the mannerlaid down byits constitution. If its rules require such resolutions to be moved and passed in a meeting called for the purpose, then every member of the body entitled to take part in the meeting must be given notice so that he can attend and express his views ..... The Supreme Court was pleased to observe inthe said judgmentthat the High Court Judges held that the want of notice in the two cases invalidated the resolutions. They examined the facts for themselves and concluded that even if the evidence is sufficient to indicate a possibility of some leakage, there was no justification for the syndicate to pass such a drastic resolution in the absence of proof of the quantum and amplitude of leakage. They held that the syndicate had acted unreasonably and without due care. The Hon'ble Supreme Court depricated such interference by the High Court. Such matters are left within the discretion and domain of educational institutions like University.5. After viewing the facts and circumstances of the present case the University authorities of Kashi Vidyapeeth, which is now an University, had taken such a decision debarring the petitioner from participating in the election. I do not consider that this is a fit case for interference.6. The petition is dismissed summarily.7. Petition dismissed. |
4b98e5d6-afae-58dd-bf6f-2c882f8b1359 | court_cases | Andhra High CourtFood Corporation Of India vs State Of A.P. on 24 August, 1998Equivalent citations: [2003]133STC424(AP)Author:T. Ranga RaoBench:T. Ranga RaoJUDGMENT
S.V. Maruthi, J.1. The assessee filed the T.R.C. against the orders of the Tribunal in T.A. No. 411/1993. He raised two questions :1. Whether the Appellate Tribunal justified in holding that the petitioner is not entitled to grant of tax set-off in terms of explanation to items 21 of the Third Schedule to the Act to the extent of rice sold from out of the tax suffered paddy ?2. Whether the Appellate Tribunal is justified in holding that there is no implied or express contract of sale in respect of gunny bags though attendant circumstances like invoicing for the contents and containers separately coupled with significant cost of gunny being charged to the buyer clearly establish express or implied contract of sale in respect of the gunny bags ?2. The relevant assessment year is 1980-1981. The assessee is Food Corporation of India. The assessing officer included the cost of the gunny bags in the turnover and levied tax. Aggrieved by that the assessee filed an appeal before the Deputy Commissioner and the Deputy Commissioner confirmed the order of the assessing officer against which the assessee filed an appeal before the Appellate Tribunal. The Tribunal also agreed with the order of the lower authority.3. The main argument of the learned counsel for the petitioner is that the cost of gunny bags under which rice is sold was indicated separately in the invoice. Therefore, the cost of gunny bags cannot be included in the turnover of rice. The three authorities have held that there is no evidence before them to indicate that the cost of gunny bags was separately mentioned in the invoice. In the absence of evidence the cost of gunny bags is includible in the turnover of rice. A perusal of the orders of the Tribunal and assessing officer makes it clear that they did not agree that the cost of the gunny bags was separately mentioned in the invoice. Therefore, we do not see any reason to disagree with the view of the Tribunal.4. The assessee also contended before the authorities below that they have purchased paddy prior to September 7, 1976 and converted it into rice. During the relevant assessment year 1980-81 the authorities below have collected tax on rice as well as paddy. The assessee claimed set-off of all the taxes paid on paddy from the tax payable on rice. The assessing officer as well as the appellate authority and the Tribunal rejected the contention of the assessee. Hence, the assessee filed the present TRC.5. The assessing officer held that the paddy did not suffer tax as declared goods, therefore, the question of allowing deduction does not arise. The appellate authority also agreed with the same and observed as follows :"This amount related to sale of rice out of paddy purchased by the appellant and milled. The appellant has not given any ground on which it was entitled to exemption. It appears that the amount was shown in the appeal petition only to show that this rice was procured out of paddy which was subject-matter of the appeal in the earlier paragraph. The appellant was not entitled on this item as it was entitled only to reduction of tax on paddy out of the tax levied on rice. The appeal on this item is dismissed."Prom a reading of the order of the Tribunal we do not find what is the view of the Tribunal as it does not convey any meaning. Further, the main argument of the learned counsel for the petitioner is that irrespective of the fact whether paddy was procured prior to September 7, 1976 or after September 7, 1976, it is entitled for a set-off of the tax paid on paddy from out of the tax payable on the rice. The counsel submits that prior to September 7, 1976 the date on which paddy was declared as declared goods underSection 15(c)of the Central Sales Tax Act, 1956 the tax leviable is 4 per cent on paddy. Therefore, the tax paid on the paddy is deductible from the tax payable on the rice. The learned counsel also relied on a judgment of this Court inState of Andhra Pradesh v. Sri Venkateswara Rice Mill, Contractors Co.(1991) 12 APSTJ 124 wherein it was held that the assessee was entitled for reduction under explanation III to the Third Schedule in respect of rice sold after September 7, 1976 which was procured out of paddy prior to September 7, 1976.6. The question, therefore, is whether the assessee is entitled for set-off of the tax paid on paddy from out of the tax payable on the rice. It is not disputed that paddy was procured on September 7, 1976. On September 7, 1976 paddy was declared as declared goods underSection 14and the tax leviable is 4 per cent. Prior to September 7, 1976 tax payable is 3 per cent underAndhra Pradesh General Sales Tax Actunder item (viii) of the Second Schedule. If tax is paid on the paddy procured prior to September 7, 1976, in view of the Explanation III underThird Schedule of the Andhra Pradesh General Sales Tax Act, the tax paid on the paddy is entitled to be set-off as against the tax payable on the rice. But the question is whether this Explanation can be extended to the paddy procured prior to September 7, 1976.In view of the judgment of this Courtreferred to above, viz.,State of A.P. v. Sri Venkateswara Rice Mill Contractors Co.(1991) 12 APSTJ 124 wherein it was held that irrespective of the fact whether paddy is procured prior to September 7, 1976 or after September 7, 1976 it is entitled to the benefit of Explanation III to Third Schedule the assessee is eligible for this benefit of the Explanation. Further on a perusal of the order of the assessing officer, we find that there is no evidence that in fact tax was paid on the paddy procured prior to September 7, 1976. Therefore, we remand the matter to the assessing officer to ascertain whether in fact the assessee has paid tax on the paddy procured prior to September 7, 1976 under item (viii)Second Schedule of the Andhra Pradesh General Sales Tax Act. If so at what rate. If on evidence it is found that the assessee has paid tax, it may be taken as tax on paddy procured prior to September 7, 1976 and it may be set-off as against the tax payable on rice.7. In the result, the T.R.C. is partly allowed and the matter is remanded to the assessing officer to ascertain whether the assessee has paid tax on the paddy procured prior to September 7, 1976 under item (viii),Second Schedule of the Andhra Pradesh General Sales Tax Act, if so at what rate. The assessing officer is directed to dispose of the matter within six months from the date of receipt of a copy of this order. |
a75dc336-a4c3-5431-b5d1-ce238e4f167d | court_cases | Madras High CourtA. Ratha, Kaliaperumal And ... vs Sub Divisional Magistrate, Karaikal ... on 27 June, 2002ORDER
K.P. Sivasubramaniam, J.1. The petitioner in the above writ petitions, prays for the issue of writ of certiorari to call for the records of the first respondent dated 19.5.1995 in M.C.No.47 of 1995 and to quash the same.2. The impugned order is nothing more than a show-cause notice issued underSection 133of the Criminal Procedure Code, calling upon the residents to show-cause as to why the order issued earlier for the demolition of the premises should not be made absolute.3. The impugned order being a show-cause notice and also being subject to further appeal or revision as provided under theCriminal Procedure Code, the above writ petition is misconceived and the same is dismissed. Connected miscellaneous petitions are also dismissed as unnecessary. |
99056088-2ba8-54ff-85fe-aa17bcf1a043 | court_cases | Supreme Court - Daily OrdersState Of U.P. And Ors vs Nanhkey Singh on 6 March, 2018Bench:Ranjan Gogoi,R. Banumathi1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S) 2507 OF 2018
[ARISING OUT OF SPECIAL LEAVE PETITION
(CIVIL) NO.9333 OF 2015]
THE STATE OF U.P. & ORS. ...APPELLANT(S)
VERSUS
NANHKEY SINGH ...RESPONDENT(S)
ORDER1. Leave granted.2. The challenge in this appeal is to
an order of the Division Bench of the High
Court of Allahabad which has affirmed the
order of the learned single judge
interfering with the order of
dismissal/termination of the respondent –
writ petitioner (Nanhkey Singh) from
service and directing his reinstatement
with 50% back wages.Signature Not VerifiedDigitally signed byVINOD LAKHINADate: 2018.03.0917:22:25 ISTReason:23. A charge-sheet dated 20th July, 1991
was served on the respondent – writ
petitioner alleging three charges, namely,
coming late to office; unauthorized
absence; and rude behaviour towards higher
authorities. Though the respondent – writ
petitioner had entered into
correspondence(s) with regard to documents
to be furnished to him, it does not appear
that he had filed any reply to the charge-
sheet. While the matter was so pending, by
a communication dated 25th October, 1991 an
additional charge (charge No.4) was
levelled against the respondent – writ
petitioner alleging that his entry into the
service was on the basis of a forged
transfer certificate allegedly issued by
Mahatma Gandhi Senior Secondary School,
Malihabad, Lucknow showing the respondent –
writ petitioner to have studied upto Class-8. In support of the aforesaid fourth3charge, it was stated that verification
with the authorities of the Mahatma Gandhi
Senior Secondary School, Malihabad, Lucknow
had indicated that no such certificate was
issued by the said School Authorities.
Though the aforesaid additional charge was
communicated to the respondent – writ
petitioner service of the same could not be
effected and, naturally, therefore, there
was no reply to the said additional charge
by the respondent – writ petitioner.4. The inquiry having proceeded ex
parte the Disciplinary Authority acting on
the basis of the report of the Inquiry
Officer by order dated 23rd February, 1992
dismissed the respondent – writ petitioner
from service. However, strangely, by
Office Memorandum dated 29th February, 1992
issued under the Uttar Pradesh Temporary
Government Servant (Service Termination)4Regulation, 1975 the respondent – writ
petitioner’s services were terminated and
in lieu of one month’s notice pay and
allowances for the aforesaid period was
granted to the respondent – writ
petitioner.5. Aggrieved, the writ proceedings out
of which this appeal has arisen were
instituted by the respondent – writ
petitioner.6. The learned single judge as well as
the Division Bench of the High Court took
the view that the stand of the Authority in
issuing a dismissal order and at the same
time a termination order with one month’s
notice pay and allowances had not been
explained. That apart, the High Court also
took the view that in the criminal case
arising out the very same charge the5respondent – writ petitioner had been
acquitted. Accordingly, directions were
issued to reinstate the respondent – writ
petitioner in service with 50% back wages.
Aggrieved, this appeal has been filed by
the State of Uttar Pradesh.7. We have heard the learned counsels
for the parties.8. An acquittal in criminal
proceeding, even if the said proceeding is
on the same charge(s), need not govern a
disciplinary proceeding as the standard of
proof in the two sets of proceedings is
different. In the present case, we have
looked into the order of the learned trial
Court acquitting the accused respondent –
writ petitioner. What appears from the
said order is that in the said criminal
case the respondent – writ petitioner had6taken a defence at the stage of his
examination underSection 313of the Code
of Criminal Procedure, 1973 that he had
studied in another school i.e. Surat Singh
Junior High School, Salehnagar, District
Lucknow and he had produced the certificate
from the said School. It is broadly on the
basis of the aforesaid defence that the
learned trial Court thought it appropriate
to acquit the accused respondent – writ
petitioner by giving him the benefit of
doubt.9. The defence taken by the respondent
– writ petitioner in the criminal case was
at a much belated stage. In the
disciplinary proceedings no such defence
was taken. The respondent – writ
petitioner’s entry into the service was on
the basis of a certificate issued by the
Mahatma Gandhi Senior Secondary School,7Malihabad, Lucknow which on inquiry was
found to be forged and fabricated.10. In the above conspectus of the
facts, the acquittal of the respondent –
writ petitioner in the criminal case can
not have any bearing on the facts of the
disciplinary proceedings wherein no defence
of the kind was taken to enable the
Disciplinary Authority to consider the
matter. In the absence of any such defence
in the disciplinary proceedings the facts
in which the acquittal of the respondent –
writ petitioner was ordered by the learned
trial Court cannot be determinative of the
correctness of charge No.4 levelled against
him in the disciplinary proceedings.11. We, therefore, are of the view that
the High Court was clearly wrong in holding
otherwise and in granting relief to the
respondent – writ petitioner.8Accordingly, we allow the present appeal;
set aside the orders of the High Court and
confirm the order of dismissal passed by
the Disciplinary Authority.....................,J.(RANJAN GOGOI)
...................,J.(R. BANUMATHI)
NEW DELHI
MARCH 06, 20189ITEM NO.25 COURT NO.3 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGSPETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 9333/2015
(ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 29-01-2014
(CORRECTED VIDE ORDER DATED 08-08-2014) IN SA NO. 373/2001 PASSED
BY THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH)
STATE OF U.P. & ORS. PETITIONER(S)
VERSUS
NANHKEY SINGH RESPONDENT(S)
Date : 06-03-2018 This petition was called on for hearing today.
CORAM :HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner(s) Mr. Pramod Swarup, Sr. Adv.Mr. Akshat Kumar, AOR
For Respondent(s)
Mr. M. Shoeb Alam, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.The appeal is allowed in terms of the signed
order.[VINOD LAKHINA] [ASHA SONI]
AR-cum-PS BRANCH OFFICER[SIGNED ORDER IS PLACED ON THE FILE] |
922b2f33-990b-54b0-9e52-f0612ed57fe7 | court_cases | Delhi District CourtSc No. 41/17 State vs . Dilkhus on 5 June, 2017SC No. 41/17 State Vs. Dilkhus
IN THE COURT OF MS. SEEMA MAINI
ADDITIONAL SESSIONS JUDGE01 : NORTH
ROHINI : NEW DELHI.
In the matter of:
(Sessions Case No. 41/17)
Unique Identification No. DLNT010007902016
FIR No. 538/2016
Police Station Narela
Under Section 354 A/506IPC&
8POCSO ActState V/s Dilkhus
S/o Israfil
R/o Village Chietjor,
PS Kotoriya
District Banka, Bihar.
Presently R/o Rinku Ka Makan
Kureni, Narela, Delhi110058
......Accused
Date of institution 19.01.2017
Date of arguments 05.06.2017
Judgment Pronounced on 05.06.2017
Decision Acquitted
Judgment : FIR No. 538/16 page 1 of 9
SC No. 41/17 State Vs. Dilkhus
J U D G M E N T
1.The accused Dilkhus is facing trial in the present case on allegations of
having made physical contact and advances involving unwelcome and explicit
sexual overtures and threatening the victim / prosecutrix 'K' (identity withheld),
aged about 12 years.2. The facts in brief, which are borne out from the record are that on
22.07.2016, a complaint was lodged by the complainant Mr. 'S' father of the
victim 'K' (identity withheld) in PS Narela to the effect that the accused Dilkhus,
who was living in his house as tenant, and was aged about 19 years, for the
past many days, had been making obscene and vulgar gestures and had been
harassing his 12 years old daughter i.e. victim K. On 22.07.2016 at about 7.00
AM, victim K had returned from her school due to ill health, and the
complainant Mr. S alongwith his wife, was taking the victim K to the hospital for
her checkup, and the victim K was walking 57 steps behind them. At that
time, the accused came and caught hold of the hand of the victim K and also
started harassing her and even stated that he loved her. When the victim K
shouted and informed the complainant about the activities of the accused, he
(accused) threatened them with life. Immediately the complainant ran and
apprehended the accused, and with the help of other public persons, gave him
beatings. During this time, someone called the police at 100 Number. Police
arrived at the spot of occurrence, where the statement of the complainant was
recorded, on the basis of which, Rukka was prepared and was sent to the PS
Judgment : FIR No. 538/16 page 2 of 9
SC No. 41/17 State Vs. Dilkhus
through constable, who was accompanying the IO, for registration of the FIR.
On the basis of the Rukka, the instant FIR bearing No. 538/16 was registered.
The victim was medically examined at SRHC Hospital, where she refused to
get her internal medical examination done. Accused was also got medically
examined. On the pointing out of the complainant, the site plan of the spot of
occurrence was prepared, and accused was arrested vide his arrest memo
and personal search memo, statements of the witnesses were recordedu/s
161CrPC. Statement of the victim K was also got recordedu/s 164CrPC, and
after the conclusion of the investigation, chargesheet was filed in the court.3. On appearance, the accused was supplied with the copy of the
chargesheet and other documents. After perusal of the chargesheet, the
documents, and hearing Ld. Addl. P.P. for the State and Ld. Counsel for the
accused, since primafacie a case against the accused was made out, he was
charged with the offences punishable u/s 354 A/506 (II)IPCandu/s 8POCSO
Act. Accordingly, the charges were framed against the accused, to which
accused pleaded not guilty and claimed trial.4. To substantiate its case, the prosecution examined victim K, aged
about 13 years, as PW 1. After conducting preliminary examination of the
victim by putting certain questions to her to assess the competency of victim /
child to give rational answers, on being satisfied, the statement of the victim
was recorded. However, in her examination in chief, she stated that due to
some misunderstanding, her father had got the instant case registered against
Judgment : FIR No. 538/16 page 3 of 9
SC No. 41/17 State Vs. Dilkhus
the accused, whom she correctly identified through the wooden partition. She
also stated that the accused Dilkhus was innocent and that he had not done
any kind of obscene or bad act with her, ever. She stated that the police had
never made any enquiry or interrogation from her, but admitted that she had
given a statement before the JUDGE SAHAB. She identified her signature on
her statement u/s 164 CrPC, which is Ex. PW1/A.5. Since the witness had resiled from her earlier statement, on the
request of the Ld. Addl. P.P. for the State, he was allowed to cross examine
the witness. In her cross examination by the Ld. Addl. P.P. for the State, she
admitted that accused was living in the same house as a tenant, in which they
were also the tenants. However, she denied that the accused had ever
harassed her (Chheda Tha) or abused her or made obscene and vulgar
gestures. She denied that on 22.07.2016, while she was going with her
parents to get some medicines, the accused had caught hold of her hand,
harassed her or stated to her that he loved her, or that she had shouted and
accused was apprehended by her father and was given beatings by him as
well as public persons. She denied that her statement Mark PW 1/B was ever
written by the IO. She denied that she had been pressurized by the accused
or is deliberately lying. She stated that she was taken by the police for her
medical examination. She also admitted that the accused was also taken for
his medical examination to the hospital.6. Mr. S (identity withheld), father of the victim K, entered the witness
Judgment : FIR No. 538/16 page 4 of 9
SC No. 41/17 State Vs. Dilkhus
box as PW 2 and testified that due to some misunderstanding he had got the
instant case registered against the accused, who was also living in the same
gali. He further deposed that the accused was innocent and had not harassed
or troubled his daughter K, nor had the accused ever made obscene gestures
before her. He also stated that the police did not record his statement, but only
made him to sign on certain papers, the contents of which were not told to him.7. Since the witness had resiled from his earlier statement, on the
request of the Ld. Addl. P.P. for the State, he was allowed to cross examine
the witness. In his cross examination by the Ld. Addl. P.P. for the State, he
admitted that the accused was a tenant in the same house, where he was also
living on rent. He admitted that the complaint Ex. PW2/A had been signed by
him but denied the contents of the same. He also denied that the accused had
been beaten up by him and public at the spot, when his daughter had raised
an alarm. He denied that he was deposing falsely as he had arrived at a
settlement with the accused.8. Mrs. S (identity withheld), mother of the victim K, entered the
witness box as PW 3 and testified that due to some misunderstanding her
husband had got the instant case registered against the accused. She further
deposed that the accused was innocent and had not harassed or troubled her
daughter K, nor had he ever made obscene gestures before her.9. Since the witness had resiled from her earlier statement, on the
Judgment : FIR No. 538/16 page 5 of 9
SC No. 41/17 State Vs. Dilkhus
request of the Ld. Addl. P.P. for the State, he was allowed to cross examine
the witness. In her cross examination by the Ld. Addl. P.P. for the State, she
admitted that the accused was a tenant in the same house, where she was
also living on rent. She denied that on 22.07.2016 accused misbehaved with
her daughter. She also denied that the accused had been beaten up by her
husband and public at the spot, when her daughter had raised an alarm. She
denied that she was deposing falsely as she had arrived at a settlement with
the accused.10. The victim as well as her parents, who were cited as the eye
witness of the occurrence by the prosecution, did not support the prosecution
case and resiled from their previous alleged statements and complaint. Even
on being cross examined by the Ld. Addl. P.P. for the State, they did not relent
and stood on firm ground that the case has been registered due to some
misunderstanding and that no obscene or vulgar gestures were ever made by
the accused nor had the alleged incident ever taken place, and categorically
stated that the accused was innocent. Ld. Addl. PP of the State stated that
there was no other incriminating evidence, which would connect the accused
with the offences charged and therefore recording of further prosecution
evidence was not necessitated and accordingly PE was closed.11. Since there was no incriminating evidence against the accused, the
recording of statement of accusedu/s 313CrPC was dispensed with.Judgment : FIR No. 538/16 page 6 of 9
SC No. 41/17 State Vs. Dilkhus12. I have heard Sh. Sanjay Jindal, Ld. Addl. PP for the State and Mr.
A.K Chaudhary, Ld. Counsel for the accused, scrutinized the evidence
adduced by the prosecution and have gone through the record.13. Age of the Prosecutrix : In order to ascertain the age of the
prosecutrix, the prosecution collected and relied upon the School Certificate of
the prosecutrix issued by M.C.P. CoEd School, Kureni, Narela, Delhi, as per
which prosecutrix K was admitted in that school in 201213 and her date of
birth is 02.02.2005. Defence has not disputed the age of the prosecutrix in any
manner. As such on the date alleged incident i.e. 22.07.2016, the prosecutrix
was aged about 12 years, and hence she is a "Child" within the meaning
given under thePOCSO Act.14. Medical and forensic Evidence : There is no forensic or medical
evidence, which was gathered, as allegations against the accused neither
necessitated nor warranted gathering of medical or forensic evidence in this
case. Thus there is no such evidence on record, to connect the accused
persons to the offences allegedly committed.15. Testimony of prosecutrix and her parents: The prosecutrix as
PW1, denied the prosecution case in its entirety, and stated that due to some
misunderstanding, her father had got the instant case registered against the
accused, though she correctly identified the accused through the wooden
partition. She went ahead to say that the accused Dilkhus was innocent and
Judgment : FIR No. 538/16 page 7 of 9
SC No. 41/17 State Vs. Dilkhus
had not done any obscene or bad act with her ever. She further deposed that
the police had never made any enquiry or interrogation from her, but admitted
that she had given a statement before the Ld. MM, and identified her signature
on her statementu/s 164CrPC. Even during her crossexamination by Ld.
Addl. PP, she stood on firm ground and stated that accused had not done any
obscene or vulgar act and that the accused was innocent.16. Similar was the case with PW 2 and PW 3, father and mother of the
prosecutrix K. Both the said witnesses did not support the prosecution case
and went on to state that the accused was innocent and had not done anything
wrong with their daughter. They denied the suggestion given by the Ld. Addl.
P.P. for the State that they had arrived at a settlement with the accused and in
order to save him, they were deposing falsely. PW 2 and PW 3 correctly
identified the accused, but stated that due to some misunderstanding the
instant case had been registered at their instance, though the accused had
never misbehaved with their daughter. They even denied that the accused was
beaten up by PW 2 and other public persons.17. As such, victim herself as well as her parents, who were the only
material witnesses, on the testimonies of which, the case of the prosecution
was hinging, did not support the prosecution case. Prosecutrix and her
parents were the only eye witnesses of the incident and they not having
supported the prosecution case and having given a clean chit to the accused,
there is nothing that survives in the prosecution case, which falls flat on its
Judgment : FIR No. 538/16 page 8 of 9
SC No. 41/17 State Vs. Dilkhus
face, failing to bring home, the guilt of accused.18. Conclusion : From the aforesaid discussions, allegations against
accused are not proved. Accordingly, accused Dilkhus stands acquitted for
the offences, he has been charged with. Bail bond of the accused stands
cancelled and his surety is discharged. Documents of the surety, if any
retained on record, be released to him on appropriate application being moved
by him.Accused is directed to furnish a personal bond in the sum of
Rs.10000/ under provisions of Section 437ACrPC, with one surety in the like
amount.Since victim has not suffered any injury or loss, either physical,
mental or psychological, she has not been granted any compensation as per
provisions ofsection 33 (8)POCSO Act.File be consigned to record room.Announced in the open court
today i.e. on 05.06.2017
(SEEMA MAINI)
ASJ01:NORTH:ROHINI:DELHI
05.06.2017
Judgment : FIR No. 538/16 page 9 of 9 |
c2e2c46e-1231-538b-9624-5337ef2701a2 | court_cases | Madras High CourtT. Kakrullakhan And Ors. vs Unknown on 4 February, 1935Equivalent citations: (1935)68MLJ415ORDER1. It is agreed before us by both sides that under the terms ofSection 188of the Code of Criminal Procedure, as it stands since the amendment of 1923 a Court in British India cannot try an offence by virtue of the terms ofSection 179of the Code of Criminal Procedure merely because part of the consequences have ensued within its jurisdiction if some part of the offence has been committed in a Native State. The Section renders the certificate of the Political Agent (in the present case, the Resident in Mysore) necessary even in such cases. We think that for this reason not only the charges of forgery (Sections 467and468of the Indian Penal Code) but also those of cheating (Sections 410and420of the Indian Penal Code) are not triable in the Chittoor District without such a certificate because some part of the cheating as well as the whole of the forgery was committed within the Mysore State. We must therefore quash the commitment in S.C. No. 36 of 1934 on the file of the Court of Session of the Chittoor Division on each and every charge preferred against the three accused. |
a3ebf442-3ec7-58bd-82dd-379a36995641 | court_cases | Delhi High CourtMeenakshi Jain vs State & Anr. on 2 July, 2012Author:V.K.ShaliBench:V.K. Shali* HIGH COURT OF DELHI AT NEW DELHI
+ CRL. M.C. No. 2504/2011
Date of Decision : 02.07.2012
MEENAKSHI JAIN ...... Petitioner
Through: Petitioner in person.
Versus
STATE & ANR. ...... Respondents
Through: Mr. Sunil Sharma, APP.
CORAM :
HON'BLE MR. JUSTICE V.K. SHALI
V.K. SHALI, J.1. This is a petition filed by the petitioner underSection 482Cr.P.C. seeking the following reliefs:"(a) Issue appropriate order or direction to
quash the order dated 28.7.2011 passed by
the Court below being illegal, arbitrary and
against all principles of criminal justice
system showing non-application of mind;(b) Issue appropriate order/directions to
the respondent no.1 to register an FIR on
the complaint dated 12.10.2010 of the
petitioner under the relevant provisions of
law or in the alternative issue appropriate
order/directions to the Ld. MM to
expeditiously decide the application underCrl. M.C. No.2504/2011 Page 1 of 37Section 156(3)Cr.P.C. of the petitioner on
merits in the light of the Medical Opinion
dated 14.6.2010 of the Board of Doctors of
Maulana Azad Medical College, duly
constituted by Dean, MAMC on the
directions of the Hon'ble State Commission
and other material on record filed with the
complaint;(c)Issue appropriate order or directions to
transfer the investigation to some other
independent investigating agency;(d) Issue appropriate order or directions to
respondent no.2 to keep the complaint
No.780/10 of the petitioner pending before
Disciplinary Committee in abeyance as
requested;(e) Pass any other and further order as
this Hon'ble Court may deem fit, just and
proper in the present facts and
circumstances of the case."2. Briefly stated the facts leading to the filing of the present
petition are that the father of the petitioner, who is a
practicing lawyer was admitted on 06.3.2009 in Apollo
hospital. Unfortunately, he died on 01.4.2009. It is
stated by the petitioner that on 16.2.2010, she had
obtained an expert opinion by Dr. V.J. Anand, Consultant
Surgeon and on the basis of the same, she filed aCrl. M.C. No.2504/2011 Page 2 of 37complaint on 19.3.2010 before the Delhi State Consumer
Disputes Redressal Commission.3. On 14.6.2010, a Board of Doctors of Maulana Azad
Medical College was constituted on the directions of the
President of State Consumer Forum and it gave an
opinion that the death of the deceased was caused
because of the medical negligence. On 12.10.2010, the
petitioner filed a complaint seeking prayer to register an
FIR underSection 304-AIPC against the Apollo Hospital
and its doctors for forging and tampering with the record
and causing the death of her father by medical
negligence. On 19.10.2010, a complaint of the medical
negligence and professional misconduct against the said
hospital and its doctors was made before the Delhi
Medical Council. On 6th December, 2010, the present
petitioner filed an application underSection 156 (3)Cr.P.C. before the learned Magistrate, Saket Courts, New
Delhi seeking directions to the police for registration of
an FIR against the doctors of the Apollo hospital forCrl. M.C. No.2504/2011 Page 3 of 37causing death by negligence. On 28th July, 2011, the
impugned order was passed by the learned Magistrate
directing the Delhi Medical Council /respondent no.2 to
expedite the hearing of the complaint bearing
No.780/2010 and file the Action Taken Report.4. The petitioner feeling aggrieved by the said order has
challenged the same before this Court.5. I have heard the petitioner in person, the learned counsel
for the Delhi Medical Council as well as Ms. Indu
Malhtora, learned senior counsel appearing for the
intervener/applicants.6. The main contention of the petitioner is that by virtue of
the impugned order, the learned Magistrate had directed
the Delhi Medical Council to furnish its opinion which is in
fact trying to filling up the lacuna and save the doctors
who have already been held to be prima facie negligent
by the Medical Board constituted by the Consumer Forum
in the performance of their duties, as a consequence ofCrl. M.C. No.2504/2011 Page 4 of 37which, the death of the father of the petitioner has been
caused. It was contended by the petitioner that
admittedly, a medical board was duly constituted by the
Dean of the Maulana Azad Medical College, in pursuance
to the directions given by the President of the State
Consumer Forum and this Medical Board has already
given an opinion holding the doctors of the Apollo
Hospital to be prima facie guilty for medical negligence
and therefore, that opinion ought to have been sufficient
for the learned Magistrate to direct the registration of the
FIR.7. The second submission of the petitioner is that the Delhi
Medical Council has no power to furnish the medical
opinion in cases of negligence. The power to furnish
opinion in the cases of medical negligence vests only with
the government doctors and not with the Board
constituted by the Delhi Medical Council. It was urged
that it was not proper for the learned MM to have
directed the Delhi Medical Council to constitute a BoardCrl. M.C. No.2504/2011 Page 5 of 37and give its opinion. It was also contended by the
petitioner that the SHO to whom the direction was sent
on the basis of an applicationu/S 156 (3)Cr.P.C. had
absolutely no business to have approached the Delhi
Medical Council for the purpose of furnishing an opinion.
Since such an opinion is already in existence and given
by the Medical Board constituted in pursuance to the
directions of the State Commission, this exercise is being
undertaken to cover up lacunas to save the doctors.8. The learned counsel appearing for the Delhi Medical
Council has contested the claim of the petitioner. He has
denied that the Medical Council has any interest in the
matter, so as to shield the doctors who may be found
prima facie guilty of being negligent in the performance
of their duties. On the contrary, it has been contended
that the disciplinary committee constituted in terms ofSection 21of the Delhi Medical Council Act (hereinafter
referred to as the 'Act') not only has the power to
proceed departmentally for the Disciplinary action againstCrl. M.C. No.2504/2011 Page 6 of 37the medical practitioners, who are registered with it but it
also has the authority to give an opinion as to whether
the doctors are guilty of negligence or not. It was
contended by the learned counsel that it was totally
wrong on the part of the petitioner to contend that the
Disciplinary Committee or the Delhi Medical Council was
acting in pursuance to the request of the SHO. On the
contrary, it was contended that as a matter of fact, no
doubt the SHO had approached the Council with the
orders of the learned Magistrate dated 28.7.2011 for the
purpose of obtaining an opinion, but it was essentially on
the basis of the letter dated 14.10.2011 purported to
have been received from the Joint Secretary, Dept. of
Home, Govt. of Delhi stating that the Delhi Medical
Council may constitute a Disciplinary Committee and
forward an opinion whether the doctors of the Apollo
Hospital who treated the deceased were negligent or not.
It has been further stated that the Disciplinary
Committee had conducted and concluded the proceedingsCrl. M.C. No.2504/2011 Page 7 of 37after giving due notice to the petitioner and the outcome
of the same has still not been placed before the Council
for approval. It is only after the approval by the Council
that it be placed before the Court. It was contended that
once the Court gives the permission in this regard, the
matter will be placed before the Council.9. It was also contended by the learned counsel that the
petitioner had separately made a complaint directly to
the Council against the doctors who had treated her
father and since the letter of the Joint Secretary and that
the complaint of the petitioner pertained to the same
subject, both of them were being dealt together. It is
stated that notices were issued to the complainant to
appear before the disciplinary committee constituted in
terms ofSection 21of the Act and present her case but
she had been indulging in dilatory tactics and the filing of
the present petition was only one of the steps in the said
direction.Crl. M.C. No.2504/2011 Page 8 of 3710. The petitioner had also during the course of hearing,
raised an objection with regard to the right of hearing
having been given to the applicants/interveners. It was
the contention of the petitioner that the
intervener/applicants have no locus standi to assail the
order of the learned Magistrate or the opinion of the
Board constituted by Maulana Azad Medical College. For
this purpose, the petitioner has relied upon a number of
judgments. These areGrow-on Exports (India) Ltd. &
Ors. vs. J.K. Goel & Anr., 95 (2002) DLT 333;Prakash
Devi & Ors. vs. State of Delhi & Anr., 2010 (4) JCC
2833; Crl.M.C. No.2626/2009 dated 5.2.2010;Smt.
Nagawwa vs. Veeranna Shivalingappa Konjalgi &
Ors., (1976) 3 SCC 736;Prabha Mathur & Anr. Vs.
Pramod Aggarwal & Ors., SLP (Criminal)
No.1368/2007 dated 26.9.2008 andV. Kishan Rao vs.
Nikhil Super Speciality Hospital & Anr., 2010 (4)
SCALE 662.Crl. M.C. No.2504/2011 Page 9 of 3711. Ms.Indu Malhotra, the learned counsel for the
applicants/interveners has contested this submission of
the petitioner that the applicants/interveners do not have
any locus standi. It has been contended by her that in
the instant case, the entire effort on the part of the
petitioner is to see that a caseu/S 304-AIPC on account
of the alleged medical negligence is registered against
the doctors without following due processes of law as has
been enunciated by the Apex Court in Jacob Mathew's
case. She has stated that there are a number of
authorities passed by the Apex Court where principles of
natural justice have been given effect to, for the purpose
of giving right of hearing to the aggrieved party. In this
regard, the learned counsel has referred to the following
judgments:(i) Uma Nath Pandey & Ors. Vs. State of U.P. and
Anr.(2009) 12 SCC 40;(ii) P.Sundarrajan & Ors. Vs. R.Vidhya Sekar
(2004) 13 SCC 472;(iii) Prashant Goel Vs. State and Anr. 134(2006)Crl. M.C. No.2504/2011 Page 10 of 37DLT 221;(iv) TNG Kumar Vs. State of Kerala and Ors.(2011) 2 SCC 772;(v) Gangadhar Janardan Mhatre Vs. State of
Maharashtra & Ors.(2004) 7 SCC 768;12. I have gone through the said authorities. I am cognizant
of the fact that merely because the right of hearing has
been given in these reported judgments does not ipso
facto mean that the right of hearing has to be given to
the applicants/interveners in the present case also on the
basis of the said judgments. The Apex Court in number
of authorities has laid down that the law which islaid
down bythe Apex Court should not be treated as
theorems and should not be applied blindly without co-
relating the facts of the reported judgment with the facts
of the case in hand.The authorities which have been
cited by the learned senior counsel are the cases where
the powers of revision were being exercised by the Court
and the right of hearing was involved except in the caseCrl. M.C. No.2504/2011 Page 11 of 37of Delhi High Court judgment inPrakash Devi's case
where the Court has come to a finding that before a
delay in filing the complaintu/S 138of the Negotiable
Instruments Act is condoned, the prospective accused or
the respondent against whom the complaint is filed will
have a right of hearing.13. I have gone through these authorities. Dehorse these
authorities, I am of the view that the law with regard to
the right of hearing to the applicants/interveners can be
crystallized, so far as the present case is concerned in
the following manner.14. So far as the legal position is concerned, no doubt the
accused/respondent or the prospective accused has no
right of participation in the proceedings at the pre-
summoning stage or till the time he is summoned, he
has no locus standi to assail the order passed by the
learned Magistrate.But the situation in my view changes,
in case the complainant himself goes to the High Court
u/S 482Cr.P.C. assailing the order of the learnedCrl. M.C. No.2504/2011 Page 12 of 37Magistrate seeking to obtain an adverse order against
the respondent/accused. It will be more apt to give a
right of hearing to the accused in cases of the present
nature, where the Supreme Court has put an embargo
on registration of a criminal case against the medical
practitioners without obtaining an opinion from the
Medical Board.15. In the peculiar facts of the present case, I feel that the
applicants/interveners were well within their right to
assist the Court in presenting the clearer picture but
their participation would have gone unnoticed and an FIR
underSection 304AIPC would have been registered
against them. This is because of the fact that the
petitioner's father had admittedly died in the instant
case. The petitioner is an Advocate by profession. She
has opened almost all the fronts against the doctors with
a view to ensure that a caseu/S 304AIPC is registered
against them without observing the lawlaid down bythe
Apex Court in letter and spirit in Jacob's Mathew's case.Crl. M.C. No.2504/2011 Page 13 of 3716. Dehorse the judgment cited by the learned senior
counsel for the applicants, I feel that this Court has
inherent powers to prevent an abuse of the processes of
law and also to pass an order in the interest of justice in
respect of a case pending before the Court. The Court is
well within its right to give a right of hearing to the
applicants/interveners in the light of peculiar facts of the
case. If the right of hearing would not have been given
to the interveners/applicants, it may have done
incalculable damage inasmuch as, the FIR might have
got registered against them without following the
dictates of Jacob Mathew's case. Accordingly, this
contention of the petitioner challenging the locus standi
of the applicants/interveners to assist the Court is
disallowed as the question of locus standi would have
arisen if the applicants/interveners would have come to
the Court. It is not the applicants/interveners who have
come to the Court but they are the prospective
respondents in the complaint before the trial court.Crl. M.C. No.2504/2011 Page 14 of 3717. For these reasons, I feel that this contention of the
petitioner has no merit.18. So far as the submissions of Ms. Indu Malhotra, learned
senior counsel with regard to the merits of the case are
concerned, it has been contended by her that the
petitioner had no doubt obtained an opinion from a
medical board in terms of the directions of the President
of the State Consumer Forum but that opinion was
obtained by her at the back of the intervener/applicants
and the opinion of the said board could not be relied
upon for the purpose of registering a criminal case of
medical negligence against the intervener/applicants.19. It was contended by the learned senior counsel that the
petitioner is guilty of concealing material facts, inasmuch
as the said opinion which was given by the Medical Board
of Maulana Azad Medical College was assailed by the
intervener/applicants before the same forum which had
given the direction to constitute the Board. In any case,
it was contended that this fact ought to have beenCrl. M.C. No.2504/2011 Page 15 of 37disclosed by the petitioner that the intervener/applicants
have already filed an application before the State
Consumer Forum challenging the opinion of the Medical
Board of Maulana Azad Medical College in which she had
accepted the notice and, therefore, this became a
material fact which ought to have been revealed by her
in this petition. It was urged that the very fact that the
petitioner has comeu/S 482Cr.P.C., she was expected
to come to Court with clean hands and since she has not
done so, therefore, the petition deserves to be dismissed
on this short ground itself.20. With regard to the constitution of the Medical Board by
the Delhi Medical Council, it was contended that the
Council has all the powers to constitute a Board for the
purpose of obtaining an opinion and in terms of the
judgment of the Supreme Court in case titled Jacob
Mathew -vs- State of Punjab & Anr., 2005 (6) SCALE
130 as to whether a prima facie case for medical
negligence is made out against the doctors, who treatedCrl. M.C. No.2504/2011 Page 16 of 37the patient and if the Board furnishes an opinion that
there was negligence only then, FIR can be registered.21. It was contended that in paragraphs 51, 52 and 53 of
Jacob Mathew's case (supra), the offence underSection
304-AIPC cannot be registered against any doctor unless
and until the medical opinion from a Board is constituted.
The said paragraphs read as under:-"Guidelines - re: prosecuting medical
professionals51. As we have noticed hereinabove that
the cases of doctors (surgeons and
physicians) being subjected to criminal
prosecution are on an increase.
Sometimes such prosecutions are filed by
private complainants and sometimes by
police on an FIR being lodged and
cognizance taken. The investigating officer
and the private complainants cannot
always be supposed to have knowledge of
medical science so as to determine whether
the act of the accused medical professional
amounts to rash or negligent act within the
domain of criminal law underSection 304Aof IPC. The criminal process once initiated
subjects the medical professional to serious
embarrassment and sometimes
harassment. He has to seek bail to escape
arrest, which may or may not be granted to
him. At the end he may be exonerated byCrl. M.C. No.2504/2011 Page 17 of 37acquittal or discharge but the loss which he
has suffered in his reputation cannot be
compensated by any standards.52. We may not be understood as holding
that doctors can never be prosecuted for
an offence of which rashness or negligence
is an essential ingredient. All that we are
doing is to emphasize the need for care
and caution in the interest of society; for,
the service which the medical profession
renders to human beings is probably the
noblest of all, and hence there is a need for
protecting doctors from frivolous or unjust
prosecutions. Many a complainant prefers
recourse to criminal process as a tool for
pressurizing the medical professional for
extracting uncalled for or unjust
compensation. Such malicious proceedings
have to be guarded against.53. Statutory Rules or Executive
Instructions incorporating certain
guidelines need to be framed and issued by
the Government of India and/or the State
Governments in consultation with the
Medical Council of India. So long as it is
not done, we propose to lay down certain
guidelines for the future which should
govern the prosecution of doctors for
offences of which criminal rashness or
criminal negligence is an ingredient. A
private complaint may not be entertained
unless the complainant has produced prima
facie evidence before the Court in the form
of a credible opinion given by another
competent doctor to support the charge of
rashness or negligence on the part of theCrl. M.C. No.2504/2011 Page 18 of 37accused doctor. The investigating officer
should, before proceeding against the
doctor accused of rash or negligence act or
omission, obtain an independent and
competent medical opinion preferably from
a doctor in government service qualified in
that branch of medical practice who can
normally be expected to give an impartial
and unbiased opinion applying Bolam's test
to the facts collected in the investigation.A doctor accused of rashness or
negligence, may not be arrested in a
routine manner (simply because a charge
has been leveled against him). Unless his
arrest is necessary for furthering the
investigation or for collecting evidence or
unless the investigation officer feels
satisfied that the doctor proceeded against
would not make himself available to face
the prosecution unless arrested, the arrest
may be withheld."22. It has been submitted by Ms. Malhtora, the learned
senior counsel that it was because of the judgment of
Jacob Mathew (supra) by the Apex Court, that the
learned Magistrate had referred the matter to Delhi
Medical Council for an expert opinion of the Board as to
whether there was medical negligence or not, before any
adverse action is taken against the doctors treating theCrl. M.C. No.2504/2011 Page 19 of 37patient. It is further stated that the opinion of the
doctors of Maulana Azad Medical College could not be
treated as a substitute for this opinion of the Board
constituted by the Delhi Medical Council before the
registration of the FIR.23. I have carefully considered the submissions made by the
learned counsel for the parties and gone through the
entire record.Prayer for Registration of an FIR24. In clause 'b' of the prayer clause, the petitioner has
sought appropriate order or direction to the respondent
no.1 to register an FIR on the basis of the complaint
dated 12.10.2010 of the petitioner against the relevant
provisions of law or alternatively issue a direction to the
learned MM to expeditiously decide the application of the
petitioneru/S 156 (3)Cr.P.C. on merits in the light of the
medical opinion dated 14.6.2010 of the Board ofCrl. M.C. No.2504/2011 Page 20 of 37doctors of Maulana Azad Medical College duly constituted
by the Dean of Maulana Azad Medical College. The third
prayer of the petitioner is for transfer of investigation to
some other independent investigating board.25. It has been settled by now authoritatively by number of
judgments that if a person is feeling aggrieved on
account of non registration of an FIR in respect of an
cognizable offence in terms ofSection 154 (1)Cr.P.C.
then the appropriate course of remedy open to him is to
approach the SP or DCP of the concerned area underSection 154 (3)Cr.P.C. If the FIR is still not registered
inspite of this, then the alternate remedy which is open
to the petitioner or any party is to file an appropriate
complaintu/S 200Cr.P.C. which may be inquired into by
the learned Magistrateu/S 200and202Cr.P.C. and
thereafter, pass an appropriate order eitheru/S 203Cr.P.C. dismissing the complaint underSection 204Cr.P.C. issuing the process to the accused persons. It hasCrl. M.C. No.2504/2011 Page 21 of 37been repeatedly laid down that if a person is feeling
aggrieved on account of non registration of an FIRu/S
154Cr.P.C. in respect of a cognizable offence, then it is
not open to him to approach the High Court by way of a
writ petition for getting the said FIR registered. Reliance
in this regard is placed on the case titledSakiri Vasu Vs.
State of UP; 2008 (2) SCC 409 as well asAleque
Padamsee & Ors. Vs. UOI; 2007 (6) SCC 171.26. Therefore, this prayer made by the petitioner that a
direction be given to the respondent no.1 namely to the
State to register an FIR on the basis of a complaint
dated 12.10.2010, against the accused doctors is not
maintainable in law. A direction cannot be issued to the
Magistrate for deciding expeditiously the application of
the petitioneru/S 156 (3)Cr.P.C. because the petitioner
has not placed any document on record to show that the
learned Magistrate has been lax in dealing with the
application. On the contrary, the learned Magistrate has,
on the very threshold, directed the SHO to obtain aCrl. M.C. No.2504/2011 Page 22 of 37medical opinion from the Delhi Medical Council regarding
medical negligence by constituting a Board which is a
sine qua non for registration of an offence and which
direction has got repeated on number of occasions yet
the petitioner did not feel aggrieved, but suddenly he has
woken up to challenge the order dated 28.7.2011, when
the learned Magistrate has reiterated the earlier order to
expedite the report of the Board regarding medical
negligence.27. In my view, whatever orders have been placed on record
show that the Magistrate is acting with great deal of
expedition to dispose of the applications from time to
time.28. If the relief, as prayed by the petitioner under clause (b)
regarding registration of an FIR, cannot be granted to
her, obviously there is no question of transfer of
investigation from one agency to the other agency.
Accordingly, prayer (c) also cannot be granted.Crl. M.C. No.2504/2011 Page 23 of 37Therefore, both the prayers 'b' and 'c' are not
maintainable in the present petition apart from this, both
these prayers are beyond the scope of the main
complaint which has been filed by the petitioner before
the learned MM who has seized of the matter.
Professional complaint against the offending doctor before the
Delhi Medical Council29. In Prayer (d) a direction is sought by the petitioner
against the respondent no.2/Delhi Medical Council to
keep his complaint bearing no. 780/2010 pending before
the Disciplinary Committee. This prayer also cannot be
entertained. The reason for this is that the petitioner has
challenged the order dated 28.7.2011 which does not
deal with this aspect of the matter nor the deferring or
keeping of the complaint in abeyance is the main issue
involved or the relief claimed before the Magistrate. If a
subject matter has not been encompassed before the
learned Magistrate, I fail to understand as to how it can
be made the basis of the challenge before the HighCrl. M.C. No.2504/2011 Page 24 of 37Court. Further, a perusal of the record shows that the
petitioner seems to be confused and somehow or the
other, wants to keep the Damocles sword hanging on the
head of the doctors. This is evident from the fact that
firstly, she goes to the Consumer Forum on account of
alleged medical negligence and obtains an ex parte order
for constitution of a Medical Board. Thereafter, she files a
criminal complaintu/S 200Cr.P.C. for prosecution of the
doctors for having committed the offenceu/S 304AIPC.
Later on, she files an application u/S 156(3) for
registration of an FIR. But curiously, when the Action
Taken Report was called by the learned Magistrate, it is
not disclosed that she has already obtained a report of
the so called medical board. Simultaneously, she makes
a complaint to the Medical Council and when she is asked
to appear and assist the Disciplinary Committee, she
writes that the proceedings be kept in abeyance /
waiting. The orders of the criminal Court would take
considerable time so she starts crying hoarse, that theCrl. M.C. No.2504/2011 Page 25 of 37policeman is approaching the Council for constitution of a
Board while as, the fact of the matter is that the Joint
Secretary, Govt. of Delhi requested the Council to
constitute the Board vide letter dated 14.10.2011 so that
prima facie, it could be established that the death was
because of medical negligence. Simultaneously, when
the Court wants to expedite the constitution of the Board
for giving medical opinion, she rushes to this Court for
stopping the same. She does not disclose in the petition
that the Consumer Forum has already issued the notice
to her for setting aside the order or challenging the
opinion of the so called Board. Therefore, all the facts
clearly show that the petitioner has lost all objectivity
only because the victim in the instant case happened to
be her father. She has started witch hunting with a view
to teach the doctors a lesson which the Apex Court
wanted to prevent by its judgment in Jacob Mathew's
case.Crl. M.C. No.2504/2011 Page 26 of 37Medical negligence and registration of an FIR under Section
304-A IPC30. This leaves us with only prayer (a) which is drafted as
under :-(a) issue appropriate order or direction to quash the
order dated 28.7.2011 passed by the court below being
illegal, arbitrary and against all the principles of criminal
justice system essentially non-application of mind.31. The order dated 28.7.2011 reads as under :-"Fresh Vakalatnama filed on behalf of the
DMC. Same is taken on record.Written submissions filed by the
complainant stating therein that Complaint
No.780/10 is pending before the
Disciplinary Committee of DMC and that
proceedings before it are equal to a trial
even before the registration of FIR and as
such SHO concerned is creating evidence in
favour of the accused. A letter dated
12.07.2011 is annexed alongwith the same,
as per which the complainant had
requested the DMC to keep her complaint
abeyance.Crl. M.C. No.2504/2011 Page 27 of 37Further minutes of meeting dated
15.7.2011 filed, according to which
Disciplinary Committee has beenconstituted by the DMC consisting of seven
members out of which three are expert
members. It is stated that the said
Committee/Medical Board had been
constituted for filing the opinion as
requested by the SHO. It is also informed
that complainant did not appear on last
date and therefore, dated i.e. 5.8.2011 has
been fixed for hearing of the parties.In view of the above, DMC is further
directed to expedite the proceedings and
file opinion at the earliest. List for filing of
status report/ATR on 19.08.2011."32. A perusal of the aforesaid order would show that the
petitioner is feeling aggrieved by virtue of the last portion
of the order. By the said portion of the order, the
learned Magistrate had directed the Delhi Medical Council
to expedite the proceedings and file its opinion at the
earliest. As a matter of fact, even if this part of the
impugned order is set aside, it would not bring any relief
to the petitioner because of the fact that this order
reiterates the earlier order passed by the Court directingCrl. M.C. No.2504/2011 Page 28 of 37the constitution of a medical Board by the Delhi Medical
Council and file its medical opinion, which is sine qua non
for registration of the FIR. The petitioner along with his
complaint under Section 200 had also filed an application
u/S 156(3)Cr.P.C. seeking registration of an FIR.
Neither prima facie medical opinion was attached nor was
this the case of the petitioner. She has a medical opinion
of Maulana Azad Medical College in her favour which
must be made the basis of registration of FIR. It is only
belatedly that wisdom dawned on her, therefore, it was
necessary for the learned Magistrate to have obtained a
medical opinion as the petitioner had failed to produce
any prima facie evidence showing medical negligence on
the part of the doctors concerned.33. It may be pertinent here to refer to the few orders which
were passed by the learned Magistrate which culminated
into the passing of the impugned order.Crl. M.C. No.2504/2011 Page 29 of 3734. The complaint came up for the first time before the
learned Magistrate on 06.12.10 when the Presiding
Officer did not hold the Court and the matter was
adjourned to the next date i.e. 07.12.10 on which date
the Action Taken Report was called for from the police.
It was pursuant to this Action Taken Report that the IO
intimated the Court that the matter has been referred to
Delhi Medical Council for giving an opinion with regard to
the medical negligence. Since the furnishing of a medical
opinion report by the Delhi Medical Council was being
delayed and in the meantime, the IO of the case seemed
to have done some mischief by approaching a private
doctor for the purpose of obtaining a medical opinion that
the learned Magistrate had sent for the SHO of the police
station where the incident had taken place and also
directed the constitution of a medical Board. This
effective order was passed on 03.06.11. It is this order
which was sought to be reviewed by the petitioner by
filing an application seeking recall of this order andCrl. M.C. No.2504/2011 Page 30 of 37having failed to do so, it culminated into the order dated
28.07.11. As has been observed hereinabove by this
Court that even if the order dated 28.07.11 is set aside
even then the order regarding obtaining of a medical
opinion from the Board, duly constituted by Delhi Medical
Council, still remains on record.35. The main grievance of the petitioner is not that the Court
is trying to obtain the medical opinion from the Delhi
Medical Council but the contention of the petitioner is
that the State Consumer Forum had constituted a
Medical Board headed by three Doctors of Maulana Azad
Medical College which had prima facie found it to be a
case of medical negligence and therefore, that should
have been the ground for registration of an FIR. I must
say that this was only an improvement and a belated
wisdom which had dawned upon the petitioner. This is
on account of the fact that when the petitioner filed the
complaint and also an application u/S 156 (3) C.r.P.C for
direction to the police to register an FIR, it was not herCrl. M.C. No.2504/2011 Page 31 of 37case that the medical opinion has already been furnished
by a competent Board duly constituted by an appropriate
authority which should form the basis of the registration
of an FIR. More so, when the very medical opinion
furnished by the said Board was not challenged by the
applicants/interveners before the said Forum in which
notice was issued to the petitioner, it will not be safe to
rely on the said opinion and the Court cannot today set
aside the order passed by the learned Magistrate
directing the Delhi Medical Council to constitute a Board
and furnish an opinion with regard to the medical
negligence of the doctors.36. In Jacob Mathew's case, the Supreme Court has already
observed that once the criminal process is initiated, this
subjects the medical profession and the professionals to
serious embarrassment and sometimes even
harassment. The accused apprehending arrest may have
to seek bail which may or may not be granted to him and
therefore, this becomes imperative that the greatestCrl. M.C. No.2504/2011 Page 32 of 37possible care is taken that no doctor is put to peril of
being arrested or facing a criminal case without
observing the procedure which has been laid down by the
said judgment which precisely the Court was trying to do
in the instant case. The Apex Court, in the said case, has
also observed that a private complaint may not be
entertained unless the complainant has produced prima
facie evidence before the Court in the form of a credible
opinion given by another competent doctor to support
the rash or negligence act on the part of the accused
doctor. It was also observed that the IO should, before
proceeding against the doctor, accused of rash or
negligent act or omission obtain an independent medical
opinion, preferably from a doctor in a Government
service qualified in that field of medical practice who
should normally be expected to give an impartial and
unbiased opinion. If this standard was to be observed by
the Court before registration of an FIR against the
applicant/intervener, it was necessary that a freshCrl. M.C. No.2504/2011 Page 33 of 37opinion from the Board duly constituted by the Delhi
Medical Board has to be obtained and once the petitioner
has put the criminal justice machinery into motion and
she has not produced any prima facie evidence with
regard to the medical negligence, it was not open to her
to have retraced her steps belatedly and then urge
before the said trial Magistrate or before this Court that
the order passed by the learned Magistrate directing for
constitution of a Board of Delhi Medical Council to furnish
a medical opinion be recalled because there is already an
opinion furnished by the doctors of Maulana Azad Medical
College.37. This is on account of two reasons; firstly, that the opinion
furnished by the Board constituted by the doctor of
Maulana Azad Medical College was constituted by a
Consumer Forum and not by a Criminal Court. Moreover,
the report furnished by the said Board is already under
challenge by the applicants/interveners inasmuch as,
their application has been allowed and the notice issuedCrl. M.C. No.2504/2011 Page 34 of 37to the petitioner stands accepted. Therefore, that
opinion is of not much relevance for the present and the
medical opinion which will be furnished by the Board
constituted by the Delhi Medical Council would only be
prima facie relevant before the learned Magistrate to
decide further course of action. Therefore, I feel that so
far as this part of the impugned order is concerned, there
is nothing wrong or illegal or perverse in the order of the
learned Magistrate.38. I have also been handed over a sealed envelope during
the course of the present proceedings by the counsel
appearing for the Delhi Medical Council wherein, an
opinion has been furnished by the Board in which
admittedly there are doctors belonging to the
Government hospitals as well as the doctors from some
specialty who are highly reputed. The said opinion of the
Board has to be approved by the Delhi Medical Council
before it is given effect to or handed over to the Court. I
feel, since the said opinion has to be approved by theCrl. M.C. No.2504/2011 Page 35 of 37Council, it must be permitted to complete the said
processes and once the said opinion is approved by the
Council, it can be submitted to the learned Magistrate
where the petitioner, if aggrieved will have appropriate
remedies available to him.39. The Delhi Medical Council is permitted to act in
accordance with their statute and get the report of the
medical Board approved and thereafter, place the same
before the learned Magistrate for such action in
accordance with law, as may be deemed fit.40. Having regard to the aforesaid discussion and in view of
the totality of circumstances, I am of the view that the
present petition of the petitioner assailing the impugned
order dated 28.7.2011 is without any merit and
accordingly, the same is dismissed. The stay granted on
05.8.2011 is vacated.41. It is further clarified that expression of opinion made
hereinbefore may not be treated as an expression on the
merits of the case by the learned Magistrate and withoutCrl. M.C. No.2504/2011 Page 36 of 37being influenced by any observation, the Court must act
in accordance with law.42. With the above observations, the petition is dismissed.V.K. SHALI, J.JULY 02, 2012
RN/'AA'Crl. M.C. No.2504/2011 Page 37 of 37 |
1ecf220f-15b4-51d9-bfea-c6d06aa7a16f | court_cases | Lok Sabha DebatesMotion For Consideration Of The Acquired Immuno Deficiency Syndrome (Aids) ... on 3 May, 200217.59 hrs.
Title: Motion for consideration of the Acquired Immuno Deficiency Syndrome (AIDS) Prevention Bill, 2000.
MR. CHAIRMAN: Now the House will take up item No.39 – ‘Consideration and Passing of Acquired Immuno Deficiency Syndrome (AIDS) Prevention Bill’.
DR.V. SAROJA(RASIPURAM): Sir, I beg to move:"That the Bill to provide for the prevention and control of the spread of Human Immuno Deficiency Virus (HIV) infection and to provide for specialized medical treatment and social support to and rehabilitation of persons suffering from Acquired Immuno Deficiency Syndrome (AIDS) and for matters connected therewith and incidental thereto, be taken into consideration."Hon. Chairman, Sir, this is a very important Private Member’s Bill that I have introduced, which is the need of the hour for our nation. I thank hon. Member Shri Vaiko for permitting me to pilot this Bill by giving this opportunity.
This Bill relates to Acquired Immuno Deficiency Syndrome and HIV AIDS.18.00 hrs.
Sir, this Bill is to provide for the prevention and control of the spread of Human Immuno Deficiency Virus (HIV) infection and to provide for specialised medical treatment and social support to and rehabilitation of persons suffering from Acquired Immuno Deficiency Syndrome (AIDS) and for matters connected therewith and incidental thereto.
MR. CHAIRMAN: Dr. V. Saroja, you can continue your speech next time.18.0-1/2 hrs.
BUSINESS ADVISORY COMMITTEE
Thirty-sixth Report
THE MINISTER OF STATE IN THE MINISTRY OF PETROLEUM AND NATURAL GAS AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS (SHRI SANTOSH KUMAR GANGWAR): Sir, I beg to present the Thirty-sixth Report of the Business Advisory Committee.
18.01 hrs.
The Lok Sabha then adjourned till Eleven of the Clock on
Monday, May, 6,2002/vaisakha 15, 1924 (Saka) |
6ffd8c59-802f-57b7-8bc0-00be70c44760 | court_cases | Supreme Court of IndiaYashwant Waman Patil & Ors vs Municipal Corporation Of Greater ... on 18 February, 2008Equivalent citations: AIR 2008 SUPREME COURT 2951, 2008 AIR SCW 4962, 2008 (5) AIR BOM R 504, (2008) 3 SCALE 414, (2008) 3 ALL WC 2344(2), (2009) 1 RECCIVR 301, (2008) 3 BANKCAS 304, 2008 (11) SCC 171, 2008 (6) ALLMR (NOC) 24, (2008) 2 BOM CR 673Bench:Tarun Chatterjee,Harjit Singh BediCASE NO.:
Appeal (civil) 1398 of 2008
PETITIONER:
Yashwant Waman Patil & Ors
RESPONDENT:
Municipal Corporation of Greater Mumbai & Ors
DATE OF JUDGMENT: 18/02/2008
BENCH:
Tarun Chatterjee & Harjit Singh Bedi
JUDGMENT:JUDGMENT
O R D E R
(Arising out of SLP[C] No.5670 of 2007)1. Leave granted.2. This appeal is directed against an interim order dated 22nd of
December, 2006 passed by a Division Bench of the High Court of
Judicature at Bombay, (Ordinary Original Civil Jurisdiction) in
Notice of Motion No.380 of 2006 arising out of Writ Petition
No.11 of 2005. On a pending writ application, a notice of motion
was filed by the present appellants, inter alia, praying against
others for deposit of additional sums in terms of an order of the
Bombay High Court dated 29th of November, 2005 and also for
an early hearing of the writ petition and further to direct the
release of the amount deposited in favour of the appellants. It
is not in dispute that in terms of the calculation sheet, the
municipal corporation of Greater Bombay had already deposited
in the High Court a sum of Rs. 17,23,29,933/-. The High Court by
the impugned order had allowed the appellants to withdraw the
amount deposited on the condition that the appellants shall
furnish a bank guarantee in respect of the said sum on a prima
facie finding that the Municipal corporation had enjoyed the
possession of the acquired land for more than 40 years without
making payment of compensation. It is this order, which is now
under challenge in the present appeal.3. We have heard Mr. Paramjit Singh Patwalia, learned senior
counsel appearing for the appellants and Mr.Pallav Shishodia,
learned counsel appearing for the respondents. Mr.Patwalia
contended that the High Court had committed an error in
imposing a condition on the appellants to furnish bank guarantee
for withdrawal of the compensated amount when the
respondents enjoyed the possession of the acquired land for
more than 40 years without making payment of compensation.
According to Mr.Patwalia, since the appellants had no source of
income nor had any property to secure the withdrawal of the
amount or to furnish bank guarantee, it would be a mere
impossibility to withdraw the compensated amount and
accordingly, in the facts and circumstances of the case, the
condition imposed on the appellants should be withdrawn. This
submission of Mr.Patwalia was hotly contested by Mr.Pallav
Shishodia, learned counsel appearing for the respondents who
contended that the appellants have already been paid in excess
under the terms and conditions of an agreement of the year 1978
and if now they are permitted to withdraw the amount already
deposited and lying in the court and in view of the submission of
Mr.Patwalia that the appellants have no source of income nor
have any property to secure the amount that would be
withdrawn, it would be a mere impossibility to recover the amount
from the appellants, if allowed to be withdrawn, in the event the
writ petition succeeds in which the award in question has been
challenged.4. Having heard the learned counsel for the parties and after
considering the materials on record and considering the
submissions made on behalf of the parties, we dispose of this
appeal with the following directions:[a] The amount deposited in the High Court shall be
deposited in fixed deposit of any nationalized bank in the
name of the appellants within a period of one month from this
date initially for a period of six months which shall be renewed
from time to time until further orders of the High Court or till
the disposal of the writ petition whichever is earlier.
[b] The interest that would accrue on the aforesaid sum
shall be permitted to be withdrawn without furnishing any
security or without furnishing bank guarantee by the
appellants but the principal amount to be invested as a fixed
deposit in the Bank shall not be withdrawn by the appellants
till the disposal of the writ petition or until further orders of the
High Court.[c] It is not in dispute that the amount awarded has already
been deposited in the High Court, which is now lying. We are
also informed that the amount has already been invested by
the High Court. If the amount has already been deposited in a
Fixed Deposit and any interest has already been accrued, the
High Court is directed to release the interest amount out of the
amount already deposited as a Fixed Deposit in favour of the
appellant.[d] However, the High Court is requested to dispose of the
pending writ petition within a period of three months from the
date of supply of copy of this order, without granting any
unnecessary adjournment to either of the parties.5. Accordingly, we modify the interim order of the High
court in the above manner. The appeal is thus disposed of. No
order as to costs. |
54d72a82-b356-5c45-973b-e6ac5c07b6e6 | court_cases | Jharkhand High CourtDhanbad Colliery Karamchari Sangh Thr ... vs Union Of India Through Its Secretary ... on 20 June, 2017Author:Aparesh Kumar SinghBench:Aparesh Kumar SinghW.P.(L) No.5881 of 2016
.....
03/20.06.2017List the instant writ petition along with W.P. (L) No. 3796 of
2016 preferred by the management-B.C.C.L against the same impugned order
dated 10.05.2016 passed in Application No. 35(1)/2010-A7 by the respondent
no. 2, Deputy Chief Labour Commissioner (Central) cum Authority under
Contract Labour (Regulation and Abolition) Central Rules, 1971.Learned counsel for the respondent-B.C.C.L also prays for and is
allowed four weeks time to file counter affidavit in response.Counsel for the present petitioner submits that he has already
entered appearance in the connected matter. Pleadings are complete.List this case in the 1st week of August, 2017 under the heading of
Admission.(Aparesh Kumar Singh, J.)
Shamim/Srikant |
7aa8d872-e6c1-5fa6-80f1-32cc6b647607 | court_cases | Gujarat High CourtDipankar Vijay Bahadur vs State Of Gujarat & on 29 January, 2013Author:K.M.ThakerBench:K.M.ThakerDIPANKAR VIJAY BAHADUR YADAVV/SSTATE OF GUJARAT
R/SCR.A/3590/2012
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL
APPLICATION NO. 3590 of 2012
================================================================
DIPANKAR VIJAY BAHADUR
YADAV & 1....Applicant(s)
Versus
STATE OF GUJARAT &
12....Respondent(s)
================================================================
Appearance:
MR.DIPAK
B PATEL, ADVOCATE for the Applicant(s) No. 1 - 2
MS
JANI APP for the Respondent(s) No. 1
================================================================
CORAM:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date : 29/01/2013
ORAL ORDER1.
Heard Mr. K.R. Tiwari, learned advocate with Mr. Dipak. B. Patel,
learned advocate for the petitioners and Ms. Raval, learned APP for
the respondent State.2.
In present petition, the petitioners have prayed that:-(A)
This Hon'ble court may be pleased to quash and set aside the FIR
being CR. NO.283 of 2012 registered with Mahidharpura Police
station, Surat undersec. 420,465467,468,471and120(B)of IPC
andu/s. 66of IT Act;(B)
This Hon'ble court may be pleased to call for the records, papers
and proceedings of FIR being CR. NO. 283 of 2012 registered with
Mahidharpura Police station, Surat undersec. 420,465,467,468,471and120 (B)of IPC andu/s. 66of IT Act at the behest of
respondent no.6, against the petitioners and others from the
Mahidharpura police station, Surat and after going through the
legality, validity and proprietary of the same, be pleased to pass
an appropriate order and directions as this Hon'ble court may deem
fit and proper;(C)
That this Hon'ble court be pleased to issue writ of prohibition or a
writ in the nature of prohibition or any other appropriate writ,
order or direction to the respondent no. 2 and 3, their agents,
servants from taking any further steps in furtherance of FIR being
C.R. NO. 283 of 2012 registered with Mahidharpura Police station,
Surat undersec. 420,465,467,468,471and120 (B)of IPC and
u/s. 66 ofIT Actagainst the petitioners and others from the
Mahidharpura police station, Surat, Gujarat;(D)
Pending the hearing and final disposal of writ petition, this
Hon'ble court be pleased to issue writ of prohibition or a writ in
the nature of prohibition or any other appropriate writ, order and
directions to the respondent no. 2, there agents, servants from
taking any other steps in furtherance of FIR being C.R. NO. 283 of
2012 registered with Mahidharpura Police station, Surat undersec.
420,465,467,468,471and120 (B)of IPC andu/s. 66of IT Act;
against the petitioners and others from the Mahidharpura police
station, Surat, Gujarat;(E)...............A
complaint / FIR appears to have been lodged by officer employee
of respondent No.3, which is electricity company and is granted
licence to supply electricity in the area of licence i.e. Surat.3.1 The
complainant officer has alleged that the accused persons i.e.
petitioner Nos. 1 and 2 are unauthorizedly receiving amounts from
consumers of the electricity company and they are even issuing,
unauthorizedly, receipts using name and logo of respondent No.3
company and they claim that on their (i.e. the consumers) behalf
they will make payment of bill amounts to the respondent No.3
company and thereby supply service to the persons belonging members
of public and that they are even authorized to issue receipts in
name of electricity company acknowledging payments on behalf of
electricity company whereas actually the petitioners do not have any
permission, authority or right either to receive payment in name of
and on behalf of the company and / or issue receipts on behalf of
and in name of the company and / or by using logo and name of
company.3.2 It
is also alleged in the complaint that it is noticed that after
receiving amount from certain persons, the petitioners had not
deposited the amount with respondent No.3- Company and thereby the
petitioners committed fraud and other offence alleged in the
complaint / FIR.3.3
Accordingly, the complaint / FIR alleging offence underSections
420,465,467,468,471,120-Bof Indian Penal Code and underSection 66(C)of Information Technology Act came to be filed.Learned
advocate for the petitioners has referred to the details mentioned
in paragraph Nos. 3 and 4 of petition which read thus:-3.That petitioners state that the facts will remain that the petitioner
No.1's company Viprem Global India is established in Surat on 10th
July 2011 with aims and mottos to provide service to common people
and with good intention to making the life of common people easy and
honourable and also creating awareness among common men to use
information technology of their betterment. The petitioner No.1 is
running the present company named Viprem Infotech (P) Ltd which
is registered under Company Act 1956, with registration No:U72900UP2007PTC034108 and providing the same service since 2007 to
common people with own agent network and never have false record in
providing good service to the customers and have diligently and
honestly kept the consumer interest before them. To expand his
business, the petitioner No.1, shifted to Surat. The petitioner No.1
is member of respondent No.6 since 2008, as stockiest and north India
Channel Partner. The Viprem Global India company is authorized
channel agent of Suvidha with ID number 57189 to provide the
various utility service. The petitioner company is authorized channel
of Hermes i-ticket Pvt Ltd to provide the various travel and utility
service including bill payment of torrent power. The above said
company is authorized API partner of my mobile payment and Icash card
to dispense the mobile recharge, bill payment service and utility
service and acts as a payment gateway on various website. The above
said company is also having large agent network across India to
provide online and offline services like mobile recharge. D.T.H.
recharge, mobile bill payments, utility services.The
petitioners state that the working model of Viprem Global India for
bill payment is semi-online method and the working pattern is B2B.
It displays the logos of valid services, which are dispense by it
and the utility bills collected by company through its website
processed in backend through available service providers.5.Learned advocate for the petitioner further asserted that the
respondent No.3 Company has authorized respondent No.5 company
to collect its payment from their customers online and the said
respondent No.5 company has allegedly, authorized respondent No.6 to
do the same work through its software Smart Shop . He also
claimed that the said respondent No.6 has authorized establishment
named Viprem Global India i.e. company of petitioner No.2 to
make payment of bills of respondent No.3 company using the software.It
is pertinent that any cogent and satisfactory material to support
such claims and assertions is not placed on record.5.1
Learned advocate for the petitioners contended that the petitioners
are not doing any illegal activity and they have not committed any
fraud. Learned advocate for the petitioners relied on the document
at page 39 of present petition which, according to learned advocate
for the petitioners, is the reply given by the company of petitioner
No.1 to the complainant.On
perusal of the said letter, it emerges that the petitioners have
disputed the allegations made in the FIR / complaint. It also
appears that the petitioners have contended that the amounts in
question were not deposited with the respondent company because of
certain technical fault however, it cannot be termed as fraud or any
illegality by petitioners. Learned advocate for the petitioners
submitted that either on account of misconceived facts or
misunderstanding, impugned allegations have been made in the FIR /
complaint and the petitioners are being prosecuted without any
fault. It is claimed that the petitioners have not committed any
offence as alleged in the FIR.Mr.Jani,
learned APP has appeared and submitted that the complaint / FIR is
under investigation and unless complete details are not gathered by
the investigating officer, any final opinion or decision as to
whether summary should be filed or report should be filed, cannot be
taken.7.1 Learned
APP submitted that on investigation if sufficient material to
prosecute the petitioners is found then appropriate report will be
filed.On
perusal of the FIR / complaint it does not appear to have been filed
maliciously or by way of abuse of process of law.8.1 It
prima facie appears that the allegation that the name and logo of
respondent No.3 company is being unauthorizedly used by the
petitioners while issuing so-called receipts which represent and
give impression that the receipts are issued by the company,
deserves and requires proper and detailed investigation, more so
when the allegation that monies were collected and receipts were
used are not denied.Having
regard to the nature and extent of allegations and considering the
fact that consumers i.e. members of public might have been made
victim of the scheme and that therefore without investigation, FIR
/ complaint ought not be quashed.9. On
overall consideration of the facts and circumstances of the case and
the allegations made in the FIR, it appears that the nature and
extent of allegations are such which call for proper investigation
and this Court will not be justified in terminating the
investigation at its threshold.9.1 Having
regard to the observations by the Hon'ble Apex Court in the decision
in case of Sanapareddy Maheedhar Seshagiri vs. State of Andra
Pradesh (AIR 2008 SC 787) wherein the Apex Court in paragraph No. 30
held that:-30............In
dealing with such cases, the High Court has to bear in mind that
judicial intervention at the threshold of the legal process initiated
against a person accused of committing offence is highly detrimental
to the larger public and societal interest. The people and the
society have a legitimate expectation that those committing offences
either against an individual or the society are expeditiously brought
to trial and, if found guilty, adequately punished. Therefore, while
deciding a petition filed for quashing the FIR or complaint or
restraining the competent authority from investigating the
allegations contained in the FIR or complaint or for stalling the
trial of the case, the High Court should be extremely careful and
circumspect. If the allegations contained in the FIR or complaint
discloses commission of some crime, then the High Court must keep its
hands off and allow the investigating agency to complete the
investigation without any fetter and also refrain from passing order
which may impede the trial. The High Court should not go into the
merits and demerits of the allegations simply because the petitioner
alleges malus animus against the author of the FIR or the
complainant. The High Court must also refrain from making imaginary
journey in the realm of possible harassment which may be caused to
the petitioner on account of investigation of the FIR or complaint.Such a course will result in miscarriage of justice and would
encourage those accused of committing crimes to repeat the same.
However, if the High Court is satisfied that the complaint does not
disclose commission of any offence or prosecution is barred by
limitation or that the proceedings of criminal case would result in
failure of justice, then it may exercise inherent power under Section
482, Cr.P.C.In
view of the above observations and in light of the decision by the
Hon'ble Apex court, the Court is not inclined to entertain the
petition.Any
cause for interference with the process of investigation and to
terminate the investigation at its threshold is not made out.
Therefore, petition does not deserved to be entertained and the same
is accordingly rejected.The
petition stands disposed of.(K.M.THAKER, J.)
suresh8 |
86f19601-f107-5eff-a4a8-26ea86b0dea9 | court_cases | Lok Sabha DebatesNeed To Enhance The Quota Of Power From Central Pool To Rajasthan. on 10 September, 2007>
Title : Need to enhance the quota of power from Central Pool to Rajasthan.श्रीगिरधारी लाल भार्गव(जयपुर) : 1984 के समझौते के तहत साझेदार राज्यों को विभिन्न जल परियोजनाओं तथा आन्न्दपुर साहिब विद्युत जल परियोजना, मुकेरियन पन परियोजना थीन बांध परियोजना, यू.वी.जी.सी. चरण द्वितीय परियोजना और शाहपुर कांडी जल विद्युत परियोजना से राजस्थान और हरियाणा, राज्यों की हिस्सेदारी के दावों से संबंधित मुद्दों से सर्वोच्च न्यायालय की राज हेतु अभी तक सर्वोच्च न्यायालय को भेजा नहीं गया है। राजस्थान को इस नुकसान की भरपाई के लिए अभी तक कुद भी नहीं किया जया है।भारत सरकार से मांग है कि वह केन्द्रीय विद्युत के आबंटित कोटे से राज्य के हिस्से में वृद्धि कर उसे 40 प्रतिशत के स्तर तक लाएं जो कि वर्ष 1996 में राज्य का हिस्सा था। |
83949a02-c5e3-5030-8ce1-e2f82dc09d24 | court_cases | Patna High Court - OrdersDhaneshwar Sahani vs The State Of Bihar on 10 May, 2012Author:Akhilesh ChandraBench:Akhilesh ChandraPatna High Court Cr.Misc. No.18243 of 2012 (2) dt.10-05-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18243 of 2012
======================================================
Dhaneshwar Sahani, son of Bhikhar Sahani, resident of village -
Buchauli, P.S. - Jandaha, District - Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
ORAL ORDER
2 10-05-2012Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.This application has been filed for the grant
of regular bail to the petitioner who is in custody since
25.01.2012 for the offences punishable underSections
147,148,149,307,504of the Indian Penal Code andSection 3/5of the Explosive Substance Act.The petitioner is one of the named accused in
this case with allegation of arriving in a group and
exploding bombs at three different places. Submission is
of false implication. No injury was sustained by anyone
and nothing specific attributed against the petitioner.
Further, petitioner has no criminal antecedent.If it is so, let the above named petitioner be
enlarged on bail on furnishing bail bond of Rs. 10,000/-Patna High Court Cr.Misc. No.18243 of 2012 (2) dt.10-05-2012(ten thousand only) with two sureties of the like amount
each to the satisfaction of Chief Judicial Magistrate,
Vaishali at Hajipur, in connection with Jandaha P.S. Case
No. 147/2011, G.R. No. 3361/2011, with a condition to
remain physically present before the court below on each
and every date till disposal of the case, in case of failure
on two consecutive dates without giving any reasonable
explanation, the liberty granted shall be deemed to be
cancelled.Rajeev/- (Akhilesh Chandra, J.) |
49c9675d-caa1-51dd-8382-6208e848a324 | court_cases | Gauhati High CourtSri Lakhan Mushahary vs The State Of Assam And Ors on 28 August, 2015IN THE GAUAHTI HIGH COURT
(The High Court of Assam: Nagaland: Mizoram & Arunachal
Pradesh)
Writ Petition (Civil) 2970 of 2008
Sri Lakhan Mushahary
Son of late Baburam Mushahary,
Resident of Village-Sagorphena,
P.O-Tipkai, P.S.- Bagoribari,
District- Dhubri (BTAD),Assam.
...P etitioner
-Vs-
1. The State of Assam, represented by
The Commissioner & Secretary to the
Government of Assam, Home Department,
Dispur, Guwfahati-6.
2. The Superintendent of Police,
Dhubri, Assam.
3. The Deputy Commissioner,
Dhurbi, Assam.
4. The Officer-In-Charge,
Bogoribari Police Station,
District- Dhubri, Assam.
....R espondents
BEFORE
HON'BLE MR. JUSTICE MANOJIT BHUYAN
For the Petitioner : Mr. B.K.Mahajan ....Advocate
Mr. A.Choudhury.....Advocate
For the Respondent- : Mr. P.S.Deka...AdvocateState
Date of hearing : 12.8.2015
Date of Judgment : 28.8.2015
JUDGM ENT & OR DER (CAV)
Heard Mr. B.K.Mahajan, learned counsel representing the petitioner as well as
Mr. P. S. Deka, learned counsel representing the Sate Respondents.2. This writ petition was laid on the premises that the petitioner's son Dwitun
Mushahary having suffered demise on 25.4.2006 at Sapatgram Bazar due to
unprovoked police firing, a proper inquiry be directed to be initiated by the District &
Sessions Judge, Dhubri as well as for a direction to the respondents to pay
compensation to the petitioner.3. This Court by order dated 12.12.20013 had directed the learned District
Judge, Kokrajhar to record evidence and give findings on the circumstances
leading to the death of Dwitun Mushahary. Direction was made to allow the
petitioner, the police personnel and other interested persons to adduce evidence
before the Court of the learned District Judge, Kokrajhar in order that a
determination can be made as to whether Dwitun Mushahary died due to police
firing or due to firing by NDFB members. The manner for proceeding with the inquiry
was laid down and the learned District Judge was made to furnish the Report within
6 (six) months from the date of the Court's order.4. The Inquiry Report dated 12.2.2015 of the learned District & Sessions Judge,
Kokrajhar was received by the Registry of this Court on 16.2.2015.5. By order of this Court dated 20.2.2015, the Registry was directed to furnish
copies of the Report to the counsels representing the petitioner as well as to the
Senior Government Advocate, Assam. On 30.7.2015, Mr. P.S. Deka representing the
State Government was allowed time on his prayer for bringing the Report to the
notice of the State Government. Until conclusion of hearing of this matter on
12.8.2015, no counter-affidavit has been filed by the State Respondents.6. The Report indicates that enquiry was initiated by issuing notices upon the
Deputy Commissioner of both Dhubri and Kokrajhar districts, the Superintendent of
Police of both the districts aforementioned as well as to the Officers-in-Charge of
Bogribari Police Station and Saptgram Police Station respectively. The said officials
were duly represented by the Government Pleader, Kokrajhar together with the
petitioner through his engaged counsel. Records pertaining to Bagribari P.S.Case No.
58/2006 (re-registered as Sapatgaram P.S.Case No. 71/2013) as well as Bogribari
P.S.Case No. 59/2006 were requisitioned.7. Whereas three witnesses were examined from the petitioner's side, who were
also subjected to cross-examination, the respondents' side declined to adduce any
evidence. According to the deposition of the writ petitioner Sri Lakhan Mushahary it
is stated that he came to learn of the occurrence from the witness no. 2 i.e. Sri
Keshab Kumar Brahma and had immediately rushed to Sapatgram Market. He could
only find his son on the following day i.e. 26.4.2006 lying dead at Bagribari Police
Station. Post-mortem examination was conducted at Dhubri Civil Hospital and on the
same day at about 7.00 P.M. he received the corpse of his son. An ejahar was
lodged and Bagribari P.S.Case No. 59/2006 came to be registered thereupon.8. As per the First Information lodged on 25.4.2006, the NDFB organization had
announced an Assam Bandh call for 24 hours. Mid-day of 25.4.2006 his son along
with few others of the organization had gone to Sapatgram Market to ensure
implementation of the Bandh. As differences arose between them and the
shopkeepers, a Police Party arrived at the scene and started to fire upon the NDFB
group. As a result, Dwitun Mushahary sustained several bullet injuries upon his
person and succumbed at the spot.9. The evidence of witness no. 2 Sri Keshab Kumar Brahma revealed that
reacting to the arrest of 8 persons of the NDFB cease-fire group at Guwahati, a 24
hour Assam Bandh was called on 25.4.2006. On the fateful day he along with
Dwitun Mushahary and other 7 members of the NDFB cease-fire group had come out
from the Tipkai NDFB cease-fire Camp on three Motorcycles to Sapatgram Market to
oversee the effect of the Assam Bandh so declared. According to him, they had
barely reached Sapatgram Bazar when police personnel from Sapatgram Police
Outpost arrived at the spot and started to fire upon them indiscriminately, as a result
of which Dwitun Mushahary died on the spot being struck by firing from the police
personnel. For fear of their lives he and his other 7 members fled away leaving their
Motorcycles behind. He informed the father of Dwitun Mushahary regarding the
incident and on the following day an Ejahar was lodged by the father with Bogribari
Police Station.10. Shri Santosh Kumar Brahma @ Sadlun, as witness no. 3, reiterated the
statements made by Keshab Kumar Brahma (witness no.2). As per his statement, he
was also a member of the group who had gone to Sapatgram Bazar on the date of
the incident. Both the witness nos. 2 and 3 deposed that they had no weapon in
their hands.11. The Inquiry Report reveals that the learned District and Sessions Judge,
Kokrajhar had perused the Final Report submitted by the Police. It was observed
that the statement of the Investigating Officer, as recorded in the Final Report, do
not portray facts different from what have been stated by the witnesses. As per the
statement of the Investigating Officer although the case was underSection 302I.P.C., however, since there was no sufficient evidence against the accused, the
Final Report in the case had been submitted. Notwithstanding that, the learned
District & Sessions Judge found that in the incident that took place at Sapatgram
Bazar, the police had resorted to fire in the air and in the process Dwitun Mushahary
sustained bullet injuries upon his person and succumbed to it. From the Report it is
also revealed that both the witnesses' nos. 2 and 3 were subjected to cross-
examination by the respondents' side but they failed to bring out any reason that the
witnesses from the petitioners' side had falsely deposed in the case. It was also
recorded that the evidence so adduced by witness nos. 2 and 3 are reliable and
inspires the confidence of the Court. Further, it is also recorded that the
respondents' side did not come forward to prove their case by leading any evidence
or even to rebut the case of the petitioner's side. In conclusion, the learned District
Judge, Kokrajhar held that in the incident of 25.4.2006, that took place at
Sapatgram Bazar, Dwitun Mushahary was killed by firing form the police force.12. From the narration of facts above and having regard to the Inquiry Report,
the fact that the petitioner's son Dwitun Mushahary died due to police firing stands
vindicated. This Court is of the view that there is no illegality, infirmity and/or
irregularity in the findings of the Enquiry and, accordingly, the Report submitted by
the learned District & Sessions Judge, Kokrajhar stands accepted and approved.
Having held so, the inevitable question that falls for consideration is with regard to
the compensation payable to the petitioner by the State for the death of Dwitun
Mushahary at the hands of the Police Force. Public law demands that crime victims
are to be given compensation and the State is to compensate for the breach of the
constitutional guarantee underArticle 21of the Constitution which prescribes that no
person shall be deprived of his life except according to the procedure established by
law.13. In a catena of decisions, the Apex Court has held that that where the
infringement of fundamental right is established, the Court cannot stop by giving a
mere declaration but to go further by way of giving compensatory relief. The said
relief has to be given by way of compensation under the public law jurisdiction on
account of breach of public duty by the State in not protecting the fundamental right
to life of a citizen. To quote from the case of D.K .Basu -vs. State of W est
Bengal , reported in (1997)1 SCC 416 - " to repair the wrong done and give
judicial redress for legal injury is a compulsion of judicial conscience."14. In view of the power of this Court to give compensatory relief under the
public law jurisdiction for the wrong done to the son of the petitioner, there is no
alternative but to hold that the wrong doer has to be penalized by fixing
compensation liability upon it. In that view of the matter, it is ordered that the State
Respondent in the Department of Home, Government of Assam, shall make payment
of compensation to an amount of Rs. 2.50 lakhs (Rupees Two Lakhs Fifty Thousand)
only to the writ petitioner within a period of three months from the date of receipt of
this order. It is ordered that the State Respondents shall deposit the compensation
amount before the office of the Registrar General, Gauhati High Court at the
Principal Seat through a Bank Draft within the period as indicated above. Upon such
deposit being made, the Registry shall pay the entire amount to the petitioner after
proper verification of his identity by the learned counsel representing him in the
present proceedings.15. In view of the observations and directions made above, this writ petition
stands allowed, however, without any order as to costs.JUDGE
Nandi |
79a7c232-0f19-5794-bb3c-35ef36a451fa | court_cases | Patna High CourtAbhisek Kumar vs The State Of Bihar & Ors on 30 November, 2016Author:Ajay Kumar TripathiBench:Ajay Kumar TripathiIN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18298 of 2016
===========================================================
1. Abhisek Kumar son of Sri Rajendra Kumar Resident of Ramkrishna Nagar, P.O.
New Jaganpur, P.S. Ramkrishnanagar, District Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, State Health Society, Government of Bihar, Patna.
3. The State Health Society Government of Bihar, Patna through its Executive
Director
.... .... Respondent/s
===========================================================
Appearance :
For the Petitioner/s : Mr. Prashant Sinha
For the Respondent/s : Mr. Birju Prasad, GP 13
Mr K.K.Sinha
Mr Shashi Shekhar
===========================================================
CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
ORAL JUDGMENTDate: 30-11-2016
It is the stand of the counsel for the petitioner that the claim made
in the present writ application is squarely covered by the decision of the Division
Bench rendered in LPA No.373 of 2015 (Dr Rajiv Kumar Singh and others Vs.
State of Bihar and others)
Let the Executive Director, State Health Society consider the
matter in light ofthe above decision.Writ is disposed of with the above observation.(Ajay Kumar Tripathi, J)
sk
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.11.2016
Transmission NA
Date |
617ce582-988c-5aec-8e05-13a8e3a88e12 | court_cases | Chattisgarh High CourtVijay Choudhari And Others vs State Of Chhattisgarh 3 Acqa/122/2018 ... on 11 September, 2018HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No.526 of 2015
Vijay Choudhari and ors. Versus State of Chhattisgarh
11/09/2018None for the Appellants.Shri Bhaskar Payashi, PL for the State.Head Constable No. 14, Junas Kerketta has produced appellant No. 3 in
custody.Appellant No. 3, who is produced in custody before this Court today in
compliance of the order dated 10.07.2018, is directed to be sent back to jail,
today itself.List this case for final hearing in due course.Sd/-Arvind Singh Chandel
Judge
yasmin |
13b36229-3881-5f40-b44a-8c720843ebee | court_cases | Kerala High CourtGuruvayoor Devaswom Employees' ... vs State Of Kerala And Ors. on 14 October, 1999Equivalent citations: AIR2000KER1, AIR 2000 KERALA 1, 2000 A I H C 20, ILR(KER) 2000 (1) KER 69, (1999) 2 KER LJ 842, (1999) 3 KER LT 745Bench:Ar. Lakshmanan,P.K. BalasubramanyanJUDGMENT
P.K. Balasubramanyam, J.1. This Original Petition filed by the Guruvayur Devaswom Employees' Association through its Secretary challenges the Constitutional validity of Section 4(l)(d) of the Guruvayur Devaswom Act, 1978. When the Original Petition was admitted by the learned single Judge, the learned single Judge also ordered that this Original Petition also be listed with other connected Original Petitions which were pending before a larger Bench. That is how this Original Petition has come up before us for decision.2. The famous Guruvayur temple in the erstwhile Malabar of this State was originally governed by a scheme decree and the provisions of the Madras Hindu Religious and Charitable Endowments Act, HR and CE Act for short. In the year 1971 Guruvayur Devaswom Act, 1971. Act 6 of 1971 was enacted by the Kerala Legislature. Under Section 3 of that Act administration, control and management of the Devaswom was vested in a Committee constituted in the manner provided by that Act. The Committee was to be known as Guruvayur Devaswom Managing Committee and it was to be a body corporate having perpetual succession and a common seal.Section 4 of the Act provided that the Committee was to consist of (a) the Zamorin Raja who shall be the Chairman, (b) the Karanavan for the time being of the Mallisseri Illom at Guruvayur, who shall be the VIce-Chairman; (c) the Administrator, ex-officio; (d) the Chairman of Guruvayur Township Committee provided he is a person professing Hindu religion, Ex-officio; (e) the Thantri of the temple, Ex-officio; (f) a representative of the employees of the Devaswom nominated by the Government and (g) not more than eleven persons nominated by the Government of whom one shall be a Harijan. Though Sub-Section (2) of Section 4 provided that the nominees under clause (g) of Section 4(1) should be a person who professes the Hindu religion, no such specific qualification was mentioned regarding a representative of the employees of the Devaswom to be nominated by the Government. But Section 19(8) provided that a person who did not profess the Hindu religion shall be disqualified for being appointed as or for being an officer or servant of the Devaswom. Substantive provisions of the Act were struckdown as unconstitutional by this Court inKrishnan v. Guruvayur Devaswom, 1979 Ker LT350 : [AIR 1978 Ker 68) (FB). Among the Sections struck down, was Section 4 of the Act providing for the Constitution of the Managing Committee. Accepting the decision of this Court and in the light of the directions contained therein, the Legislature enacted Guruvayur Devaswom Act, 1978. Guruvayur Devaswom Act, 1971 was repealed by Section 41 of Guruvayur Devaswom Act, 1978, Act 14 of 1978. Section 4 related to the composition of the Committee in which the administration, control and management of the Devaswom was to vest in terms of Section 3 of the Act. The Committee was to consist of (a) Zamorin Raja, (b) Karanavan for the time being of the Mallisseri Illom at Guruvayur, (c) The Thantri of the temple Ex-officio, (d) a representative of the employees of the Devaswom nominated by the Hindu among the Council of Ministers and (e) not more than five persons to be nominated by the Hindu among the Council of Ministers from among persons having interest in the temple. The validity of the Guruvayur Devaswom Act, 1978. Act 14 of 1978 was also challenged before this Court.In the decision inNarayanan Namboodiri v. State of Kerala, 1985 Ker LT 629 : (AIR 1985 Ker 160) (FB) the Full Bench struck down Section 32 of the Act providing that no notification issued, order passed, decision made or proceedings or action taken under the Act by the Government or the Commissioner shall be questioned In any Court of law. Sections 33 and 35 were directed to be read down. Clauses (d) and (e) of Sub-Section (1) of Section 4 relating to nomination of members to the Committee by the Hindu among the Council of Ministers was directed to be interpreted as Hindus among the Council of Ministers having faith in temple worship. In other respects validity of the Act was upheld.3.In the connected Original Petition in which a separate judgment is being pronounced, the question involved is whether the direct ion of the Full Bench inNarayanan Namboodiri v. State of Kerala, 1985 Ker LT 629 : (AIR 1985 Ker 160) qualifying the Hindu among the Council of Ministers as Hindus having faith in temple worship was justified and whether the worshippers in the temple could insist that only Hindu Ministers having faith In temple worship were qualified to make the nominations under Section 4(l)(d) and 4(l)(e) of the Act. The answer given by the Full Bench does not have any impact on the question sought to be canvassed for by the petitioner in this Original Petition.But it may be noted that the view taken by the Full Bench is that inNarayanan Namboodiri v. State of Kerala, 1985 Ker LT 629 : [AIR 1985 Ker 160) the learned Judges were not justified in directing that the expression 'Hindus among the Council of Ministers' should be interpreted as 'Hindus in the Council of Ministers having faith in temple worship.' The question raised before us on behalf of the employees of the Devaswom is that Section 4(l)(d) of the Act is violative ofArticles 14and19of Constitution of India in that the provision has not provided any guidelines for the mode of making the nomination from among the employees and the vesting of the right to nominate a representative of the employees on the Council of Ministers without leaving it to the employees themselves, was violative of the rights of the employees underArticle 19of the Constitution.4. In the counter-affidavit filed on behalf of the State, it is submitted that it was a case of nomination of an employee to the Managing Committee and it was not the case of an election of a representative, that the power to nominate is vested in a very responsible body like the Hindu members in the Council of Ministers and that the method of nomination and the provision for nomination are matters of policy and the employees cannot claim any fundamental right to be nominated in the Managing Committee or to insist that a representative from among themselves would be chosen only by themselves and that there was no infirmity attached to Section 4(l)(d) of the Act.5. Before proceeding further we may briefly notice the history of the administraion of the temple. The right to manage the temple originally vested with the Zamorin of Calicut and the Karanavan of the Mallissery , Illom. When the sthanam of Zamorin was in the management of the Court of wards, gradually the entire management was assumed by the Court of wards. After the Court of wards surrendered rights back to the Zamorin, on the Zamorin attaining majority, Zamorin refused to recognise the right of the Karanavan of the Mallisseri Illom to participate in the management of the temple and its properties. The Karanavan of the Mallisseri Illom thereupon filed a suit, O.S. 1 of 1929 on the file of the District Court of South Malabar to establish or get back his right in the management of the temple. Certain worshippers filed O.S. 2 of 1929 in the same Court complaining that the scheme that was framed for the management of the temple at their instance, required to be modified since the Hindu Religious Endowments Board constituted under the HR and CE Act had merely accepted the scheme put forward by the Zamorin of Calicut and had not provided for sufficient safeguards to ensure the proper management of the institution and seeking an amendment of the scheme by adding to the number of trustees and the placing of the management of the temple In the hands of a board of five trustees three of whom were to be nominated and a Manager who was to be appointed by the Board. The Zamorin reisted both the suits. The learned trial judge upheld the claim of the Mallisseri Nambudiri to be a hereditary trustee of the temple with rights in the management as declared in an earlier decree of the High Court of Madras in A. S. 35 of 1887. The learned trial Judge also made certain amendments in the scheme of administration settled by the Board as a consequence of his conclusion regarding the right of the Mallisscri Nambudiri. The decrees in these two suits O.S. Nos. 1 and 2 of 1929 were challenged by the Zamorln before the High Court of Madras in A.S. Nos. 211 and 212 of 1930. The Zamorin contended that the trial Judge was in error in recognising any right in the Mallisseri Nambudiri and that the Zamorin by himself was entitled to manage the temple. By judgment dt. 21-11-1930 reported as Manavikrama v. Thathamanagalath, AIR 1931 Mad 328 the decision of the trial Judge was more or less upheld and certain directions were issued regarding the provisions to be incorporated in the scheme. Pursuant to the directions thus given, a scheme was framed in which it was provided :--"Administration of the Guruvayur temple. Ponnani Taluk. South Malabar and its property and endowments vest in the hereditary trustees, the Zamorin Raja of Calicut and the Karanavan for the time being of the Mallisseri Illom, present trustees being the present Zamorin Raja and the present Karanavan of the Illom, Thathamanagalath alias Mallisseri Illath Krishnan Namboodiripad."As far as the worshippers was concerned, the only rights given were the right to be present when the 'bhandaram' was opened and the right to inspect the accounts and the copy of the register maintained under Section 38(4) of the HR and CE Act. This scheme was subsequently modified by the District Court of South Malabar in O.S. 1 of 1933. The said modification is not relevant for our purpose. It was while this scheme was in operation and the right of management of the temple and its assets vested in the Zamorin and the Karanavan of the Mallisseri Illom that the Guruvayur Devaswom Act, 1971 was brought into force. The said Act by Section 36 provided that the scheme framed for the temple by the High Court of Madras in Appeals Nos. 211 and 212 of 1930 as modified by the District Court, South Malabar in O.S. 1 of 1933 shall cease to apply to the temple. Thus as per the 1971 Act. administration, control and management of the Devaswom came to vest in the Committee but in view of the striking down of Sections 3 and 4 of that Act by this Court inKrishnan v. Guruvayur Devaswom, 1979 Ker LT 350 :(AIR 1978 Ker 68) (FB), the scheme decree revived.But this Court while rendering the decision inKrishnan v. Guruvayur Devaswom, 1979 Ker LT 350 : (AIR 1978 Ker 68) (FB) directed that since it would not be in public interest to create a hiatus in the matter of the administration of the Devaswom even for any short period, operation of the judgment rendered by the Court would stand stayed for a period of two weeks from the date the Judgment was rendered, in order to allow time to the State to take such steps as it may deem fit in the tight of the observations in the Judgment.The judgment inKrishnan v. Guruvayur Devaswom. 1979 Ker LT 350 : (AIR 1978 Ker 68) (FB) was rendered on 15-11-1977. Before the expiry of the period granted by the Full Bench for taking steps, the Guruvayur Devaswom Ordinance, 1977, Ordinance 25 of 1977 was promulgated on 29-11-1977 providing for the management of the temple and the same was followed by the Guruvayur Devaswom Act, 1978 vesting the administration, control and management of the Devaswom in the Committee constituted.6. Sections 10 and 27 of the Guruvayur Devaswom Act, 1971 were first challenged before this Court in Manavedan Alias Kunhettan Thampuran v. State of Kerala. 1973 Ker LT 106 : (AIR 1973 Ker 106) (FB). The Full Bench rejected the challenge and upheld the validity of the provisions impugned.It is thereafter that the Act came to be challenged as a whole leading to the decision of a larger Bench inKrishnan v. Guruvayur Devaswom, 1979 Ker LT 350 : (AIR 1978 Ker 68).Mr. Justice G. Viswanatha Iyer who was a party to both the decisions specifically observed inKrishnan's case that in the earlier decision in Kunshettan Thampuran v. State of Kerala the attack was confined to clauses (a), (b) and (g) of Section 10 and clause (b) of Section 27(2) of the Guruvayur Devaswom Act, 1971 and a detailed examination of the validity of the various provisions In the Act was not precluded by the earlier decision.The Full Bench inKrishnan v. Guruvayur Devaswomessentially took the view that Section 4(1) of the 1971 Act had to be held to be bad for the reason that the power of nomination conferred on the Government was naked and arbitrary and without any safeguard being provided for ensuring that the Committee will be a body representing the denomination of Hindus who worship at the temple. It was further held that the right to administer the temple being vested in the denomination, any statutory provision which completely ignored the denomination in the matter of setting up the Committee to administer the religious institution belonging to the denomination would necessarily be violative ofArticle 26of the Constitution. It is thereafter that the 1978 Act was enacted which provided for the nomination of a representative of the employees of the Devaswom and of five members to be nominated by the Hindus among the Council of Ministers, from among persons having interest in the temple. In other words, the nominee to the Committee had to be a Hindu having interest in the temple. Section 2(f) defined a person having interest in the temple as meaning a person who was entitled to attend at, or was in the habit of attending, the performance of worship or service in the temple or who was entitled to participate or was in the habit of participating in the benefit of the distribution of gifts thereat. A person was disqualified to be nominated as one among the five referred to in clause 4(l)(a) of the Act if he practices untouchability or did not profess the Hindu religion or believe in the temple worship. Every member of the Committee before entering into his office had to subscribe to an oath to the effect that he swears in the name of God that he professes the Hindu religion and believe in temple worship and that he did not believe in the practice of untouchability. As far as the employees were concerned, under Section 18(6), a person who did not profess the Hindu religion or believe in the temple worship was disentitled for being appointed as an officer or employee of the Devaswom. Thus an employee who believed in temple worship was to be nominated as the representative of the employees to the Managing Committee and the nomination was to be done by the Hindus among the Council of Ministers. In the judgment in the connected Original Petition we have held that the Council of Ministers who are to make the nomination need only be Hindus and need not necessarily be Hindus who believe in temple worship.7. It can be seen that for the first time, a representative of the employees of the Devaswom got the right to be associated with the management of the temple only by the coming into force of the Guruvayur Devaswom Act, 1971. But since Section 4(1) of that Act of 1971 was struck down as unconstitutional, the right was effectively obtained only on the coming into force of the Act of 1978. There was no pre-existing right in the employees of the temple to be associated in the management of the temple. There was no such argument also on behalf of the petitioner. There was therefore no question of any right of the petitioner or of the employees underArticles 25and26of the Constitution of India being violated. The only argument raised on behalf of the petitioner is that the right to be associated in the management of the temple having been conferred on the employees by enabling them to have a representative of theirs in the Managing Committee, the right to elect that member or to recommend their nominee must be with the employees and the provision for the exercise of power of nomination by the Council of Ministers was arbitrary and unreasonable and it also violated the fundamental rights of the employees to be associated in the management.As the reference to the history above made shows, there was no right in the employees of the Devaswom to participate in the management of the temple at any time before the Act came into force and the Act for the first time provided for representation to the employees in the manner prescribed by the Act. The right to have a representative in the Managing Committee is thus only a statutory right conferred on the employees and the very provision which conferred on them the said right also provided for the mode of identifying that representative. The employees cannot say that even while they accept the right conferred on them to have their representative in the Managing Committee, they can challenge the mode of identifying that representative or can insist on having a right to elect their own representative to the Managing Committee. This Court had occasion to consider the nature of the right conferred by Section 4 of the Act inKrishnankutty v. State of Kerala. 1985 Ker LT 289: (AIR 1985 Ker 148) (FB). Therein, dealing with a challenge by a Legislator to the provision in theTravancore Cochin Religious Institutions Actproviding that the Legislator would be entitled to participate in the election of a member to the Travancore and Cochin Devaswom Boards only if he was a believer in God, professed Hindu religion and believed in temple worship, the Full Bench accepted the submission of the learned Government Pleader that the right to elect a member is a statutory right and it was therefore well within the power of the legislature earlier to take away that right or to restrict that right.The Full Bench held :--"In this case also the right to elect a member to the Board is a right created by statute and not a fundamental right. In the exercise of the right conferred by the statute, conditions prescribed by the statute have also to be followed. The right to elect is thus subject to the condition so imposed. In this view also, the contention of the petitioner based on as alleged violation of a fundamental right cannot be accepted."Earlier a Full Bench of the Travancore-Cochin High Court in Brahmadathan Namboodiripad v. Cochin Devaswom Board, AIR 1956 Trav-Co 19 had held :--"Whether the voting should be by all the adults professing the Hindu faith or by an electoral college is but a matter of policy. So also are the qualifications which the members of an electoral college should possess and there is apparently nothing wrong in saying that the members of the college shall be not merely Hindus but also members of the Cabinet or of the Legislative Assembly thus emphasising the ability and aptitudes implicit in the membership of such democratic institution."8. Learned counsel for the petitioner referred to the decision of the Supreme Court inAll India Bank Officers' Confederation v. Union of India, AIR 1989 SC 2045 and contended that when a nomination of a representative of the employees was provided by the statute, the scheme envisaged must be implemented so as to give the maximum scope for the concerned employees to exercise their choice in the selection of their representative and an uncanalised power given to the Hindus among the Council of Ministers was arbitrary and violative ofArticle 14of the Constitution. We are afraid that the petitioner cannot derive any support from the decision referred to, where both the statutory provision and the scheme made pursuant thereto, specifically laid down the mode of appointment from out of a pannel submitted by the association of workers. When the right conferred on the employees to have a representative of theirs In the Managing Committee is a right conferred by the statute which has also prescribed the manner of finding that representative of the employees by way of nomination by the Hindus among the Council of Ministers, it is not open to the employees to successfully challenge the mode of nomination. The statute which provides for representation, also provide for the manner of that representation. In the light of the decisionreferred to above, it is clear that the challenge at the hands of the petitioner toSection 4(l)(d)of the Act is unsustainable.9. It may also be noted that dealing with the question of nomination under this Act. inNarayanan Namboodiri v. State of Kerala, 1985 Ker LT 629 : (AIR 1985 Ker 160) (FB), the Full Bench stated that It could not be said that there are no guidelines in the Act for the nomination of members to the Administrative Committee. There is no ground established to go behind the said observations of the Full Bench.10. In our Judgment in O.P. No. 16192 of 1999 rendered separately, relevant decisions of the Supreme Court have been cited in extenso to indicate that the power to create the body to be in management of the affairs of the temple can be exercised by the secular authority and a provision for providing for such exercise cannot be considered to be unconstitutional or void. It does not appear to be necessary to refer to those decisions in detail in this Judgment also. Suffice it to say that the argument that a provision providing for exercise of right of nomination of the representatives of the employees in the Hindu in the Council of Ministers is unconstitutional or violates the fundamental rights of the employees cannot be accepted.11. Learned counsel for the petitioner referred to Exts. P-1 and P-2 in an attempt to say that the real intention was to give a true right of representation to the employees. Ext. P-l is a letter dt. 9-3-1971 from the Secretary to the Government, to the Manager of the Guruvayur Devaswom informing him that the Government would like to ascertain the wishes of the employees as to who should be their representative in the Committee and requesting the Manager to arrange for a meeting of all the employees to ascertain their views and if necessary even by a secret ballot. Ext. P-2 is a Notification issued two days thereafter on 11-3-1971 constituting the Guruvayur Devaswom Managing Committee. Therein it is stated that one of the members will be "a representative of the employees who will be nominated after consulting the employees". It is seen that until the filing of this Original Petition in the year 1999, no complaint had been raised before this Court by the employees regarding the mode or manner of nomination of their representative. Nor was it brought to our notice that any particular nomination of their representative had been challenged before this Court by the employees. What Ext. P-4 Notification stated is that a representative of the employees would be nominated after consulting the employees. There is no case that there is no process of consultation at all before a representative of the employees is nominated. In any view, there is no material which would suggest that there was any arbitrary exercise of power in that regard. Even assuming that there was any such arbitrary exercise of power. It would only give the petitioner or the employees of the Devaswom. the right to question a particular nomination. That would not enable them to challenge the very provision providing for their representation by way of a nomination by the Hindus among the Council of Ministers.12. Since it has also been noticed that there is no fundamental right in the employees or pre-existing right in the employees to have a representative in the Managing Committee of the Devaswom, the challenge based onArticle 19(1)of the Constitution is found to be without substance.13. Even assuming that the challenge toSection 4(l)(d)of the Act as conferring an arbitrary or uncanalised power on the Hindus among the Council of Ministers in the matter of nomination of a representative of the employees Is accepted, that would only result inSection 4(l)(d)of the Act being struck down as unconstitutional. That would mean that the employees will not have any representation at all in the Managing Committee. This aspect also cannot be forgotten while dealing with the contentions now sought to be raised by the petitioner.Thus on a consideration of the relevant aspects, we are not satisfied that the petitioner is entitled to any relief. The challenge toSection 4( l)(d) of the Guruvayur Devaswom Act. 1978 has to fail.Hence we dismiss this Original Petition. |
bd119297-b509-5608-becc-804e385d15e4 | court_cases | Jharkhand High CourtGorachand Gorai Alias Gour Chand Gorai vs The State Of Jharkhand on 30 January, 2017Author:Anant Bijay SinghBench:Anant Bijay SinghIN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A.No. 468 of 2017
Gorachand Gorai @ Gour Chand Gorai ..... Petitioner
Versus
The State of Jharkhand .... Opposite party
---------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH---------For the Petitioner : Mr. Dilip Kr. Karmakar, Adv.For the Opposite party : APP
---------
02/Dated: 30.01.2017Heard learned counsel for the petitioner and learned
counsel for the State.The petitioner is apprehending her arrest in connection
with the case registered underSections 420/120-B/292/294/467/469of the Indian Penal Code and Section 51/63/65/65-A of the Copy
Right Act, 1957.Learned counsel for the petitioner has submitted that the
petitioner has been falsely implicated in this case. It is further
submitted that as per F.I.R and seizure list, no offence under any
section of any act is made out against the petitioner.Learned counsel for the State has opposed the prayer for
bail.Be that as it may, I am inclined to admit the petitioner on
anticipatory bail. The above named petitioner is directed to
surrender in the Court below within four weeks from the date of this
order and in the event of her arrest or surrender, the Court below
shall enlarge the above named petitioner on bail on furnishing bail
bond of Rs. 10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of Judicial
Magistrate, 1st Class, Jamshedpur, in connection with Mango (Ulidih)
P.S. Case No. 334 of 2016, corresponding to G.R. No. 2615 of 2016,
subject to the conditions as laid down underSection 438(2)of the
Cr.P.C. Subject to further condition is that the petitioner shall
deposit of Rs.5,000/- to the Secretary, District Bar Association,
Jamshedpur and a copy of the receipt shall be submitted before the
trial court at the time of surrender.Let a copy of this order be communicated to the
Secretary, District Bar Association, Jamshedpur and the concerned
trial court through FAX.(Anant Bijay Singh, J.)
Fahim/ |
65c3721357bc5671070681ac | reports |
## Report Summary Draft National Water Policy 2012 (June 2012) Background
On June 7, 2012, the Ministry of Water Resources published its Draft National Water Policy 2012 (NWP). The Draft Policy seeks to address issues such as the scarcity of water, inequities in its distribution and the lack of a unified perspective in planning, management and use of water resources. Under the Constitution, states have the authority to frame suitable policies, laws, and regulations on water (Item 17 in List II of the Seventh Schedule or the State List). The NWP proposes an overarching national legal framework of general principles on water that can used by states to draft their own legislation on water governance. The draft NWP was was placed before the National Water Board and National Water Resources Council in February 2012. It was finalized and adopted by the National Water Resources Council on August 9, 2012 and is under deliberation by the National Water Board.*
The current scenario of water resources and their management have given rise to several concerns, some of which are:
�
Increasing variation in availability of water caused by incidences of water related disasters such as floods and increased erosion.
�
Poor access to safe drinking water and water for sanitation and hygiene continues to be a problem.
�
Groundwater, though a community resource, continues to be perceived as individual property. It is exploited inequitably and without any consideration for its sustainability.
�
Grossly inadequate maintenance of existing irrigation infrastructure results in wastage and under-utilization of available resources. There is a widening gap between irrigation potential created and utilized.
## Basic Principles Of Draft Nwp
Some of the basic principles that govern the draft NWP are as follows:
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The principle of equity and social justice must inform the use and and allocation of water.
�
A common integrated perspective should govern the planning and management of water resources. Such a perspective would consider local, regional and national contexts and have an environmentally sound basis.
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Water needs to be managed as a common pool community resource that is held by the state under the public trust doctrine to ensure equitable and sustainable development for all.
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Water may be treated as an economic good to promote its conservation and efficient use after basic needs such as those of drinking water and sanitation are met.
�
The river basin should be considered as the basic hydrological unit for the purpose of this policy.
## Water Framework Law
Under the framework proposed by the Draft NWP, water needs to be managed as a community resource by states under the public trust doctrine to achieve food security, livelihood, and equitable and sustainable development for all. Existing Acts of various states such as the Indian Easements Act, 1882, the Irrigation Acts, etc. may have to be amended accordingly if they give proprietary rights to a land owner on groundwater under his land rather than treated as a community resource. The draft NWP makes recommendations on several issues such as adapting the availability of water to climate change, water pricing, and conservation of river corridors, water bodies and infrastructure. This note summarises the key recommendations under each of these sections.
## Adaptation To Climate Change
The draft NWP specifies initiatives that need to be adopted to regulate the availability of water when it varies due to climate change. The policy highlights the need to enhance capabilities of local communities so they can adopt climate resilient technological options to increase the availability of water. Adaptation strategies include, among others:
�
Increasing water storage in the forms of soil moisture, ponds, ground water, small and large reservoirs.
�
Enhancing the efficiency of water use through the
adoption of agricultural strategies, cropping patterns, and improved water application methods, such as land leveling and drip/sprinkler irrigation.
�
Stakeholder participation in land-soil-water management with scientific inputs from local
research and academic institutions to evolve different agricultural strategies, reduce soil erosion and improve soil fertility.
�
Incorporating coping strategies for possible climate changes in the planning and management of water resource structures, such as dams, flood embankments and tidal embankments.
## Enhancing Water Available For Use
India's average annual precipitation is about 4,000 Billion Cubic Meter (BCM). Of this, only about 1,123 BCM is utilizable. This limited availability of water will not meet the rising demand caused by population growth, rapid urbanization, industrialization and economic development. The report suggests the following ways to augment the water available for utilization:
�
Rainfall needs to be used directly and inadvertent evaporation of water needs to be avoided.
�
Aquifers need to be mapped to know the quantum and quality of ground water resources. Local communities should be involved in this process.
�
Declining ground water levels in over-exploited areas need to be arrested by introducing improved technologies of water use and encouraging community based management of aquifers. Additionally, artificial recharging projects should be undertaken so that more water is recharged rather than extracted from aquifers.
�
Inter-basin transfers of water from surplus basins to deficit basins/areas need to be encouraged to increase the production of water.
�
Integrated watershed development activities with groundwater perspectives need to be undertaken to increase soil moisture, reduce sediment yield, and increase overall land and water productivity. Existing programmes such Mahatma Gandhi National Rural Employment Guarantee Act may be used by farmers to harvest rain water using farm ponds and other soil and water conservation measures.
## Demand Management And Water Use Efficiency
The draft NWP recommends the following methods to promote and incentivize the efficient use of water:
�
Systems to benchmark water use, such as water footprints (total volume of water used in an area to produce goods and services) and water
auditing (assessment of water use), need to be developed. Continuous water balance and water accounting studies need to be conducted to improve the effeciency of water use from irrigation projects and river basins.
�
Project appraisals and environment impact
assessment for water uses, particularly for industrial projects, should include analyses of water footprints.
�
Water needs to be saved during irrigation. Methods to encourage water saving include, aligning cropping pattern with natural resource endowments, micro irrigation (drip, sprinkler, etc.), automated irrigation operation, and evaporation-transpiration reduction. Canal seepage water can also be recycled through conjunctive ground water use.
�
Small local level irrigation through small bunds, field ponds, agricultural and engineering methods for watershed development, need to be encouraged.
�
Users of water should be involved in monitoring the pattern of water use if it is causing problems like unacceptable depletion or building up of ground water, salinity, alkalinity etc.
## Water Pricing
For the pre-emptive and high priority uses of water, the principle of differential pricing may have to be retained. Other than these uses, water should be allocated and priced according to economic principles.
�
A Water Regulatory Authority should be established in each state. The authority will be responsible for fixing and regulating the water tariff system and charges to be levied.
�
Water charges should be determined on a volumetric basis.
�
Recycle and reuse of water should be incentivized through a properly planned tariff system.
�
Water Users Associations (WUA) should be given statutory powers to collect and retain a portion of water charges, manage the volumetric quantum of water allotted to them and maintain the distribution system in their jurisdiction.
## Conservation Of River Corridors, Water Bodies And Infrastructure
�
Conservation of river corridors, water bodies and infrastructure needs to be undertaken in a regulated and scientifically planned manner through community participation.
�
Encroachments and diversion of water bodies and drainage channels must not be allowed. Wherever such diversions have taken place, they should be restored and maintained to the extent feasible.
�
Pollution of sources of water and water bodies
should not be allowed. Water bodies should be periodically inspected by a third party and stringent punitive action should be taken against persons responsible for pollution.
�
Legally empowered dam safety services need to
be ensured in the centre as well as states. Appropriate safety measures such as downstream flood management for each dam should be given top priority.
## Project Planning And Implementation
Considering the existing water stress conditions, water resource projects should be planned as per the following efficiency benchmarks:
�
All clearances, including environmental and investment clearances, required for implementation of projects should be made time bound to avoid the economic losses incurred due to delays in implementation.
�
To avoid time and cost over-runs, concurrent monitoring at project, state and central levels should be undertaken for timely interventions.
�
Water resource projects should be executed closely after they are planned so that intended benefits start accruing immediately and there is no gap between potential created and utilized.
�
Local governing bodies such as panchayats, municipalities, corporations, and WUAs should be involved in the planning of projects.
## Management Of Flood And Drought
While efforts should be made to avert water related disasters like floods and droughts, a greater emphasis should be on preparedness for floods and droughts. Emphasis should also be placed on rehabilitation of the natural drainage system.
�
Land, soil, energy and water management with scientifc inputs from local, research and scientific institutions should be used to evolve different agricultural strategies and improve soil and water productivity.
�
Revetments (walls), spurs, embankments, etc. should be constructed on the basis of morphological studies to prevent soil erosion.
�
Flood forecasting needs to be expanded to the rest of the country and modernized using real time data acquisition system.
�
Operating procedures for reservoirs should be
evolved and implemented so as to have a flood cushion and reduce trapping of sediment during flood season.
�
Frequency based flood inundation maps should be
prepared to evolve coping strategies. Communities should be involved in preparing an action plan for dealing with floods/droughts.
## Water Supply And Sanitation
�
Efforts should be made to provide improved water supply in rural areas with proper sewerage facilities. Least water intensive sanitation and sewerage systems with decentralized sewage treatment plants should be incentivized.
�
In urban and industrial areas, rainwater harvesting and de-salinization should be encouraged to increase availability of utilizable water.
�
Urban water supply and sewage treatment schemes should be integrated and executed simultaneously. Water supply bills should include sewerage charges.
�
Subsidies and incentives should be implemented to encourage the recovery of industrial pollutants and recycling, which are otherwise capital intensive.
## Institutional Arrangements
Forums need to be established at the central and state levels to deliberate upon issues relating to water and resolving differences in demands for water between users.
�
A permanent Water Disputes Tribunal should be established at the centre to resolve disputes expeditiously.
�
Communities should participate in the management of water resource projects and services. State governments or local authorities can encourage the private sector to become a service provider through public private partnerships.
�
Integrated Water Resources Management should be the main principle for planning, development and management of water resources.
## Trans-Boundary Rivers
�
Efforts should be made to enter into international agreements with neighbouring countries on a bilateral basis for exchange of hydrological data of international rivers on real time basis.
�
Riparian (along the banks of rivers) states should be consulted during negotiations about sharing and management of water of international rivers keeping national interests in mind.
## Database And Information System
�
A National Water Informatics Centre should be established to process hydrological data regularly
from all over the country. All hydrological data should be put into the public domain.
�
More data about snow and glaciers, evaporation, tidal hydrology and hydraulics, river geometry changes, erosion etc. needs to be collected. Such a database should be maintained online to
facilitate informed decision making in the management of water.
## Research And Training Needs
�
Grants should be given to states to update technology, design practices, and planning and management practices.
�
An autonomous centre for research on water policy should be established to evaluate impacts of policy decisions and evolve policy directives.
�
To meet the demand of skilled manpower in the water sector, regular training and academic courses in water management should be promoted. A national campaign for water literacy needs to be
started for capacity building of stakeholders in the water sector.
## Implementation Of National Water Policy
�
The National Water Board should prepare a plan
of action based on the National Water Policy, as approved by the National Water Resources
Council, and monitor its implementation.
�
State Water Policies need to be drafted/revised in
accordance with this policy.
## (Prepared By Sakshi Balani On August 24, 2012)
DISCLAIMER: This document is being furnished to you for your information and exclusive use only. The opinions expressed herein are entirely those of the author(s). PRS Legislative Research ("PRS") makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. This document has been prepared without regard to the objectives or opinions of those who may receive it. |
65c3721357bc5671070681b3 | reports | The National Commission on Farmers, chaired by Prof. M. S. Swaminathan, submitted five reports through the period December 2004 - October 2006. Following from the first four, the final report focused on causes of famer distresses and the rise in farmer suicides, and recommends addressing them through a holistic national policy for farmers. The findings and recommendations encompass issues of access to resources and social security entitlements. This summary is a quick reference point highlighting the key findings and policy recommendations under land reforms, irrigation, credit and insurance, food security, employment, productivity of agriculture and farmer competitiveness.BackgroundThe National Commission on Farmers (NCF) was constituted on November 18, 2004 under the chairmanship of Professor M.S. Swaminathan. The Terms of Reference reflected the priorities listed in the Common Minimum Programme. The NCF submitted four reports in December 2004, August 2005, December 2005 and April 2006 respectively. The fifth and final report was submitted on October 4, 2006. The reports contain suggestions to achieve the goal of "faster and more inclusive growth" as envisaged in the Approach to 11thFive Year Plan.Terms of ReferenceThe NCF is mandated to make suggestions on issues such as:a medium-term strategy for food and nutrition security in the country in order to move towards the goal of universal food security over time;enhancing productivity, profitability, and sustainability of the major farming systems of the country;policy reforms to substantially increase flow of rural credit to all farmers;special programmes for dryland farming for farmers in the arid and semi-arid regions, as well as for farmers in hilly and coastal areas;enhancing the quality and cost competitiveness of farm commodities so as to make them globally competitive;protecting farmers from imports when international prices fall sharply;empowering elected local bodies to effectively conserve and improve the ecological foundations for sustainable agriculture;Key Findings and RecommendationsCauses for farmers' distressAgrarian distress has led farmers to commit suicide in recent years. The major causes of the agrarian crisis are: unfinished agenda in land reform, quantity and quality of water, technology fatigue, access, adequacy and timeliness of institutional credit, and opportunities for assured and remunerative marketing. Adverse meteorological factors add to these problems.Farmers need to have assured access and control over basic resources, which include land, water, bioresources, credit and insurance, technology and knowledge management, and markets. The NCF recommends that "Agriculture" be inserted in the Concurrent List of the Constitution.Land ReformsLand reforms are necessary to address the basic issue of access to land for both crops and livestock. Land holdings inequality is reflected in land ownership. In 1991-92, the share of the bottom half of the rural households in the total land ownership was only 3% and the top 10% was as high as 54%.Table 1: Distribution of LandLand Holding% of House holds% of Land holdLand less11.24Sub-margin holdings (0.01 - 0.99 acres)40.113.80Marginal holdings (1.00 - 2.49 acres)20.5213.13Small holdings (2.50 - 4.99 acres)13.4218.59Medium holdings (5 - 14.99 acres)12.0937.81Large holdings (15 acres + above)2.6226.67100.0100.0Source: Table 1 of the Fifth NCF Report based on Some Aspects of Household Ownership Landholdings-1991-92. NSS Report-399Some of the main recommendations include:Distribute ceiling-surplus and waste lands;Prevent diversion of prime agricultural land and forest to corporate sector for non-agricultural purposes.Ensure grazing rights and seasonal access to forests to tribals and pastoralists, and access to common property resources.Establish a National Land Use Advisory Service, which would have the capacity to link land use decisions with ecological meteorological and marketing factors on a location and season specific basis.Set up a mechanism to regulate the sale of agricultural land, based on quantum of land, nature of proposed use and category of buyer.IrrigationOut of the gross sown area of 192 million ha, rainfed agriculture contributes to 60 per cent of the gross cropped area and 45 per cent of the total agricultural output. The report recommends:A comprehensive set of reforms to enable farmers to have sustained and equitable access to water.Increase water supply through rainwater harvesting and recharge of the aquifer should become mandatory. "Million Wells Recharge" programme, specifically targeted at private wells should be launched.Substantial increase in investment in irrigation sector under the 11thFive Year Plan apportioned between large surface water systems; minor irrigation and new schemes for groundwater recharge.Productivity of AgricultureApart from the size of holding, the productivity levels primarily determine the income of the farmers. However, the per unit area productivity of Indian agriculture is much lower than other major crop producing countries.Table 2: Comparative Yield of Select Crops in Various Countries (Kg/ha)CountryCropPaddyWheatMaizeGroundnutSugarcaneIndia29292583166791368012China632139694880279985294Japan6414--2336-SA662228728398303880787Indonesia4261-26461523-Canada-25917974--Vietnam384527114313133665689Source: Table 3 of the Fifth NCF Report based on Agriculture At a Glance [2002] Ministry of AgricultureIn order to achieve higher growth in productivity in agriculture, the NCF recommends:Substantial increase in public investment in agriculture related infrastructure particularly in irrigation, drainage, land development, water conservation, research development and road connectivity etc.A national network of advanced soil testing laboratories with facilities for detection of micronutrient deficiencies.Promotion of conservation farming, which will help farm families to conserve and improve soil health, water quantity and quality and biodiversity.Credit and InsuranceTimely and adequate supply of credit is a basic requirement of small farm families.The NCF suggests:Expand the outreach of the formal credit system to reach the really poor and needy.Reduce rate of interest for crop loans to 4 per cent simple, with government support.Moratorium on debt recovery, including loans from non-institutional sources, and waiver of interest on loans in distress hotspots and during calamities, till capability is restored.Establish an Agriculture Risk Fund to provide relief to farmers in the aftermath of successive natural calamities.Issue Kisan Credit Cards to women farmers, with jointpattasas collateral.Develop an integrated credit-cum-crop-livestock-human health insurance package.Expand crop insurance cover to cover the entire country and all crops, with reduced premiums and create a Rural Insurance Development Fund to take up development work for spreading rural insurance.Promote sustainable livelihoods for the poor by improving (i) Financial services (ii) Infrastructure (iii) Investments in human development, agriculture and business development services (including productivity enhancement, local value addition, and alternate market linkages) and (iv) Institutional development services (forming and strengthening producers' organisations such as self-help groups and water user associations).Food SecurityThe Mid-term appraisal of the 10thPlan revealed that India is lagging behind in achieving the Millennium Development Goals of halving hunger by 2015. Therefore, the decline in per capita foodgrain availability and its unequal distribution have serious implications for food security in both rural and urban areas.The proportion of households below the poverty line was 28% in 2004-05 (close to 300 million persons). However, in 1999-2000, the percentage of population consuming diets providing less than 2400 kcal (underlines definition of below poverty line) per capita per day was almost 77% of the rural population. Several studies have shown that the poverty is concentrated and food deprivation is acute in predominantly rural areas with limited resources such as rain-fed agricultural areas.The report recommends:Implement a universal public distribution system. The NCF pointed out that the total subsidy required for this would be one per cent of the Gross Domestic Product.Reorganise the delivery of nutrition support programmes on a life-cycle basis with the participation of Panchayats and local bodies.Eliminate micronutrient deficiency induced hidden hunger through an integrated food cum fortification approach.Promote the establishment of Community Food and Water Banks operated by Women Self-help Groups (SHG), based on the principle ‘Store Grain and Water everywhere'.Help small and marginal farmers to improve the productivity, quality and profitability of farm enterprises and organize a Rural Non-Farm Livelihood Initiative.Formulate a National Food Guarantee Act continuing the useful features of the Food for Work and Employment Guarantee programmes. By increasing demand for foodgrains as a result of increased consumption by the poor, the economic conditions essential for further agricultural progress can be created.Prevention of Farmers' SuicidesIn the last few years, a large number of farmers have committed suicide. Cases of suicides have been reported from states such as Andhra Pradesh, Karnataka, Maharashtra, Kerala, Punjab, Rajasthan, Orissa and Madhya Pradesh. The NCF has underlined the need to address the farmer suicide problem on a priority basis.Some of measures suggested include:Provide affordable health insurance and revitalize primary healthcare centres. The National Rural Health Mission should be extended to suicide hotspot locations on priority basis.Set up State level Farmers' Commission with representation of farmers for ensuring dynamic government response to farmers' problems.Restructure microfinance policies to serve as Livelihood Finance, i.e. credit coupled with support services in the areas of technology, management and markets.Cover all crops by crop insurance with the village and not block as the unit for assessment.Provide for a Social Security net with provision for old age support and health insurance.Promote aquifer recharge and rain water conservation. Decentralise water use planning and every village should aim at Jal Swaraj with Gram Sabhas serving as Pani Panchayats.Ensure availability of quality seed and other inputs at affordable costs and at the right time and place.Recommend low risk and low cost technologies which can help to provide maximum income to farmers because they cannot cope with the shock of crop failure, particularly those associated with high cost technologies like Bt cotton.Need for focused Market Intervention Schemes (MIS) in the case of life-saving crops such as cumin in arid areas. Have a Price Stabilisation Fund in place to protect the farmers from price fluctuations.Need swift action on import duties to protect farmers from international price.Set up Village Knowledge Centres (VKCs) or Gyan Chaupals in the farmers' distress hotspots. These can provide dynamic and demand driven information on all aspects of agricultural and non-farm livelihoods and also serve as guidance centres.Public awareness campaigns to make people identify early signs of suicidal behavior.Competitiveness of FarmersIt is imperative to raise the agricultural competitiveness of farmers with small land holdings. Productivity improvement to increase the marketable surplus must be linked to assured and remunerative marketing opportunities.The measures suggested by NCF include:Promotion of commodity-based farmers' organisations such as Small Cotton Farmers' Estates to combine decentralised production with centralised services such as post-harvest management, value addition and marketing, for leveraging institutional support and facilitating direct farmer-consumer linkage.Improvement in implementation of Minimum Support Price (MSP). Arrangements for MSP need to be put in place for crops other than paddy and wheat. Also, millets and other nutritious cereals should be permanently included in the PDS.MSP should be at least 50% more than the weighted average cost of production.Availability of data about spot and future prices of commodities through the Multi Commodity Exchange (MCD) and the NCDEX and the APMC electronic networks covering 93 commodities through 6000 terminals and 430 towns and cities.State Agriculture Produce Marketing Committee Acts [APMC Acts] relating to marketing, storage and processing of agriculture produce need to shift to one that promotes grading, branding, packaging and development of domestic and international markets for local produce, and move towards a Single Indian Market.EmploymentStructural change in the workforce is taking place in India albeit slowly. In 1961, the percentage of the workforce in agriculture was 75.9%. while the number decreased to 59.9% in 1999-2000. But agriculture still provides the bulk of employment in the rural areas.The overall employment strategy in India must seek to achieve two things. First, create productive employment opportunities and second to improve the ‘quality' of employment in several sectors such that real wages rise through improved productivity. The measures to do so include:Accelerating the rate of growth of the economy;Emphasizing on relatively more labour intensive sectors and inducing a faster growth of these sectors; andImproving the functioning of the labour markets through such modification as may be necessary without eroding the core labour standards.Encourage non-farm employment opportunities by developing particular sectors and sub-sectors where demand for the product or services is growing namely: (i) trade, (ii) restaurants and hotels, (iii) transport, (iv) construction, (v) repairs and (vi) certain services.The "net take home income" of farmers should be comparable to those of civil servants.BioresourcesRural people in India depend on a wide range of bioresources for their nutrition and livelihood security. The report recommends:Preserving traditional rights of access to biodiversity, which include access to non-timber forest products including medicinal plants, gums and resins, oil yielding plants and beneficial micro-organisms;Conserving, enhancing and improving crops and farm animals as well as fish stocks through breeding;Encouraging community-based breed conservation (i.e. conservation through use);Allowing export of indigenous breeds and import of suitable breeds to increase productivity of nondescript animals. |
65c3721357bc56710706816b | reports |
## Report Summary White Paper On Data Protection Framework For India
The Committee of Experts on a Data Protection Framework for India (Chair: Justice B. N. Srikrishna) released a white paper on November 27, 2017. The Committee was constituted in August 2017 to examine issues related to data protection, recommend methods to address them, and draft a data protection law. The objective was to ensure growth of the digital economy while keeping personal data of citizens secure and protected. The Committee sought comments on certain questions raised by it till December 31, 2017. It will draft a law for data protection in India based on the feedback it receives.
Principles: The Committee suggested that a
framework to protect data in the country should be based on seven principles: (i) law should be flexible to take into account changing technologies, (ii) law must apply to both government and private sector entities, (iii) consent should be genuine, informed, and meaningful, (iv) processing of data should be minimal and only for the purpose for which it is sought, (v) entities controlling the data should be accountable for any data processing, (vi) enforcement of the data protection framework should be by a highpowered statutory authority, and (vii) penalties should be adequate to discourage any wrongful acts.
## Scope And Exemptions Under The Framework
Applicability: The Committee observed that
countries can enforce laws within their jurisdiction. However, a single act of data processing could take place across different countries and jurisdictions. Some of the questions asked by the Committee relate to: (i) territorial applicability of the law, (ii) extent to
which the law should apply outside India, and (iii) measures that should be included in the law to ensure compliance by foreign entities.
Definition of personal data: The Committee noted
that it is important to define what constitutes personal information. This is critical to determine the extent to which privacy of information will be guaranteed under a data protection law. It sought comments on some questions which relate to: (i) what kind of information qualifies as personal data, (ii) should the definition focus on whether a person can be identified based on the data, and (iii) treatment of sensitive personal data. Sensitive data is related to intimate matters where there is a higher expectation of privacy (e.g., caste, religion, and sexual orientation).
Exemptions: The Committee noted that entities
under the data protection framework may be exempt from certain obligations (e.g., certain actions taken by the state). It sought comments on the categories of exemptions that should be included under the law,
Tel: (011) 43434035-36 www.prsindia.org and the basic safeguards that should be ensured when processing data in these categories.
## Grounds For Data Processing, Obligation On Entities And Rights Of Individuals
Consent: The Committee noted that consent is
treated as one of the grounds for processing personal data. However, consent is often not informed or meaningful. In this context, it sought comments on the conditions that determine valid consent. Further, it noted that one in three internet users across the world is a child under the age of 18. A data protection law must sufficiently protect their interests, while considering their vulnerability, and exposure to risks online.
Purpose of collection: The Committee discussed the
principle where personal data must be collected for a specified purpose, and such data should not be processed for any other purpose. Further, a related principle requires that personal data be erased once the purpose for collecting it has been met.
Participation rights: The Committee noted that one
of the principles of data protection is that a person whose data is being processed should be able to influence the processing. This includes the right to confirm, access, and rectify the data. The Committee observed that regulations of the European Union have recognised other rights such as the right to object to data processing. Incorporation of such rights in the Indian law requires further assessment. It also noted that the right to be forgotten has emerged as a contentious issue in data protection laws.
## Regulation And Enforcement
Enforcement models: The Committee noted that
once the provisions of the law are formalised, enforcement mechanisms must be structured to ensure compliance. In this context, it sought comments on the enforcement tools to be used for: (i) code of conduct, (ii) breach of personal data, (iii) categorisation of different data controllers, and (iv) creation of a separate data protection authority. The authority may be responsible for: (i) monitoring, enforcement and investigation, (ii) setting standards, and (iii) generating awareness.
Penalty and compensation: The Committee
discussed penalties for offences under the proposed law, and the authority which should have the power to hear and adjudicate complaints. Further, it noted that awarding compensation to an individual who has
incurred a loss or damage due to the data controller's
failure is an important remedy to be specified under the law.
DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research ("PRS"). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it. |
65c3721357bc5671070680f5 | reports | Report SummaryThe Finance Minister, Ms Nirmala Sitharaman tabled the Economic Survey 2020-21 on January 29, 2021. Key highlights of the Survey include:In March 2020, COVID-19 was declared a pandemic by the World Health Organisation, and a nationwide lockdown was imposed in India to contain the spread of the virus. The survey noted that early use of intense lockdowns delayed the time taken to reach the peak and reduced the magnitude of the peak. This led to a low mortality rate and also allowed for a sharp (V-shaped) recovery in economic activities.State of the economyGross Domestic Product (GDP):The survey estimates nominal GDP growth of 15.4% and real GDP growth of 11% in 2021-22. In 2020-21, GDP declined by 23.9% in the first quarter and by 7.5% in the second quarter. Overall, GDP is expected to decline by 7.7% in 2020-21 as compared to the growth of 4.2% in 2019-20.Inflation:The Consumer Price Index (CPI) based inflation was 6.6% in 2020-21 (April-December). The inflation mainly due to food inflation which increased from 6.7% in 2019-20 to 9.1% in 2020-21 (April-December).Current account surplus:In the first half of 2020-21, the current account surplus was 3.1% of GDP. The survey expects current account surplus to be at least 2% of the GDP by end of 2020-21. If achieved, this will break a 17-year trend of current account deficits. The surplus is due to reduction in merchandise imports and lower expense on travel services, which led to higher decline in current payments (30.8%) as compared to the decline in current receipts (15.1%).Fiscal deficit:As of November 2020, the fiscal deficit was 135.1% of budget estimate. In comparison, between April to November 2019, fiscal deficit was 114.8% of the budget estimate. The survey noted that the country was fiscally strained due to the disruptions caused by the COVID-19 pandemic.Agriculture and allied activitiesIn 2020-21, the growth rate of agriculture is estimated to be 3.4%. While the contribution of the sector to Gross Value Added (GVA) declined from 18.3% to 17.8% between 2014-15 and 2019-20, it is estimated to increase to 19.9% in 2020-21. This is because the agricultural sector faced fewer disruptions on account of the COVID-19 pandemic as compared to non-agricultural sectors.Under National Food Security Act, 2013, the central government provides rice and wheat at subsidised rates (called central issue price (CIP)). The difference between the CIP and the market price gives quantum of food subsidy. While the CIP of wheat and rice has not been revised since the introduction of the Act, the economic cost of wheat increased from Rs 1,908.32 per quintal in 2013-14 to Rs 2,683.84 in 2020-21 (an increase of 41%). In addition, the economic cost of rice increased from Rs 2,615.51 per quintal in 2013-14 to Rs 3,723.76 per quintal in 2020-21 (an increase of 42%). The survey observes that revision of CIP to reduce the rising expenses on food subsidy bill.Industry and infrastructureThe industrial sector is estimated to decline by 9.6% in 2020-21. Within the sector, highest decline is estimated in construction (12.6%) and mining (12.4%). The contribution of the industrial sector to GVA has declined from 32.5% in 2011-12 to 25.8% in 2020-21.The Index of Industrial Production (IIP) growth declined by 15.5% between April-November 2020 as compared to growth of 0.3% during same period in 2019. IIP is a measure of industrial performance that assigns a weight of 78% to manufacturing, 14% to mining, and 8% to electricity. Out of 407 items in IIP, the number of items which observed growth increased from 28 in April 2020 to 171 in November 2020, thereby, indicating a sharp economy recovery.The National Infrastructure Pipeline was launched with an investment plan of Rs 111 lakh crore over five years (2020-25). The project is aimed at increasing growth, competitiveness, and employment. The state governments, central government, and the private sector will invest 40%, 39%, and 21% in the project, respectively. The major share of the funds will be given to: (i) energy sector (24%), (ii) roads (18%), (iii) urban infrastructure (17%), and (iv) railways (12%).Service sectorIn 2020-21, the service sector is estimated to contract by 8.8% (with trade and hospitality contracting the most (21.4%)) as compared to 5.5% growth in 2019-20. Software services was the only sub-sector with positive growth (3.6%) in the period of April-September 2020.While the pandemic led to a global slowdown in trade, the Indian service sector export remained resilient. The net services export receipts in first half of 2020-21 was USD 41.67 billion, which is 3% higher than the service export receipts in first half of 2019-20 (USD 40.47 billion).HealthThe survey notes that Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PM-JAY) enhanced health insurance coverage. The proportion of health insured households between 2015-16 to 2019-20 increased by 54% in states that implemented AB-PM-JAY and decreased by 10% for states which did not implement the scheme. During this period, infant mortality rate decreased by 20% in states that implemented AB-PM-JAY whereas in states that did not implement AB-PM-JAY, infant mortality rate declined by 12%.The survey further notes that better access to bare necessities (such as housing, water, sanitation, electricity, and cooking fuel) lead to an improvement in health indicators.India has one of the highest levels of out-of-pocket expenses as a share of total health expenditure. The survey observes that increasing the spending on public health from 1% of GDP to 2.5-3% of GDP will help in reducing the out-of-pocket expenses from 65% to 30%.The survey noted that mitigating information asymmetry in the healthcare sector will help in achieving lower insurance premiums and better welfare of people. It recommends setting up a regulator for the healthcare sector to prevent market failures due to information asymmetry (specifically in private healthcare sector).Banking sectorDuring an economic crisis, adoption of regulatory forbearance could help ease stress in the financial sector. Regulatory forbearance includes measures such as allowing banks to restructure certain loans rather than change the asset classification. The survey suggests that such measures must be withdrawn in a timely manner. It was noted that regulatory forbearance was adopted after the Global Financial Crisis in 2008 for seven years. This led to an increase in non-performing assets and reduced credit growth once the measures were withdrawn. The survey observed that withdrawal of regulatory forbearance must be followed by a review of the quality of the bank’s assets, and capitalisation to ensure growth in lending.Credit RatingThe survey noted that India’s credit rating does not reflect the country’s fundamentals in terms of GDP growth, inflation, government debt as a % of GDP, among others. It observed a bias in ratings against emerging economies like India and China. Credit rating maps the probability of default, reflecting the willingness and ability of borrower to meet debt obligations. India has no history of sovereign default (demonstrating willingness to pay), and the foreign exchange reserves are greater than the total external debt of the country (demonstrating ability to pay). Poor sovereign credit ratings have adverse impact on inflow of foreign investments.InnovationIndia ranked 48 in Global Innovation Index in 2020, which makes it first among Central and South Asian countries, and third among the lower middle-income economies. However, India’s gross domestic expenditure on research and development (GERD) is lowest amongst larger economies. India spends 0.7% of GDP on GERD as compared to the expenditure of over 2% of GDP by China and over 2.5% of GDP in the United States of America.Currently, the government sector contributes 56% of the total GERD, which is higher than the contribution of the government sector (20%) in top ten economies (such as China, United Kingdom, and Japan). The contribution by business sector to GERD in India is 37%, which is significantly lower than the contribution of the sector in other large economies (68%). The survey observes that GERD should be increased to over 2% of GDP by enhancing research and development facilities, especially in the private sector.DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it. |
65c3721357bc5671070680dc | reports | Committee Report: Development and Conservation of Museums and Archaeological sites – Challenges and OpportunitiesThe Standing Committee on Transport, Tourism, and Culture (Chair: Mr. T.G. Venkatesh) submitted its report on the subject ‘Development and Conservation of Museums and Archaeological sites - Challenges and Opportunities’ on July 26, 2021. Key observations and recommendations include:Conservation and preservation:The Committee noted that the present state of museums is not adequate. It recommended museums to adopt global best practices for conservation where possible. It recommended the Ministry of Culture to establish a model process for preservation of artefacts and maintenance of archival records. Apart from ensuring consistency, this would help in benchmarking the work of contractors. The Committee also recommended museums to frame their individual Museum Policy, and theArchaeological Survey of India (ASI) to release a Conservation and Management Plan for all centrally protected sites.Use of technology:The Committee recommended the use of specific technology to improve maintenance of museums and sites. These include:(i) use of virtual reality in galleries, (ii) central database of digitised artefacts and sites, and (iii) blockchain technology to catalogue artefacts and sites. The Committee also recommended using QR code to link to webpages with online maps, a detailed history of artefacts, and facts about a museum for an interactive experience.Staff and training:The Committee observed that museums are often understaffed, with vacancies in ASI reaching 29%. While noting that the upcoming Indian Institute of Heritage and Conservation may train more museum staff, it recommended the Ministry of Culture to increase budgetary allocation towards training of museum staff. Further, to encourage school students to pursue careers in the field, it suggested: (i) arranging an annual visit to museums, (ii) introducing a course on museology for high school students, and (iii) including information on local monuments in school curriculum.Funding:The Committee encouraged funding of museums and sites through donations, corporate social responsibility, and sponsorships. To increase revenue, it recommended: (i) instituting pay-as-you-wish tickets, where visitors can pay money in addition to a minimum ticket price, (ii) enabling contributions to maintain a specific artefact or ‘adopt a heritage’ scheme for sites, and (iii) tours beyond public hours at higher prices. Public-private models for to manage museums and sites may be piloted.Security:To ensure safety and security across museums and archaeological sites, the Committee recommended measures including: (i) installing security systems and surveillance cameras, (ii) patrolling by armed personnel, and (iv) undertaking a physical security audit for sites maintained by the ASI. It also recommended implementing a disaster management plan in every museum and ASI site.State operated sites and museums:The Committee recommended museums operated by the central government and the ASI to share their expertise with state owned museums and local Departments, respectively. The Committee noted that state museums have inadequate grants, most of which are concentrated towards museums in a few states. It recommended increasing total grants and encouraging equitable distribution among states.Footfall:To increase the publicity and footfall at museums, the Committee recommended: (i)using hyper-local marketing and social media to promote museum displays, (ii)collaborating with other museums for exchange and loan of artefacts through a pre-planned rotation schedule, (iii) engaging local communities and craftsmen around archaeological sites to build a connect with local communities, (iv) developing facilities including restrooms, gardens, and souvenir shops around sites to increase tourism prospects, and (iv) lowering the fees for filming at sites and museums.Encroachment:To tackle encroachment, the Committee recommended: (i) constructing boundary walls to demarcate site limits, (ii) empowering estate officers to tackle encroachment of archaeological sites, and (iii) enlisting the help of local communities to protect the monument.Urbanisation:The Committee took note of rapid urbanisation around sites and recommended enacting solutions for decreasing the impact of pollution (especially air pollution) around monuments, and mandating Heritage Impact Assessments for large development projects.DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it. |
65c3721357bc5671070680b9 | reports | Report SummaryThe Finance Minister, Ms Nirmala Sitharaman tabled the Economic Survey 2021-22 on January 31, 2022. Key highlights of the Survey include:State of the economyGross Domestic Product (GDP):The Survey estimates real GDP growth of 8-8.5% in 2022-23. Growth in 2022-23 is expected to be supported by widespread vaccine coverage, gains from supply-side reforms, robust export growth, and availability of fiscal space to increase capital spending. In 2021-22, India’s real GDP is estimated to grow by 9.2% after contracting by 7.3% in 2020-21.Inflation:Consumer Price Index (CPI) based inflation was 6.2% in 2020-21. The Survey observed that this was due to supply chain disruptions from COVID-19 restrictions. CPI inflation in 2021-22 (April-December) was 5.2% which is lower than inflation of 6.6% during the same period in 2020-21. This decline was led by easing of food inflation. Inflation in 2021-22 (April-December) was driven by international crude oil, petroleum product prices, and higher taxes. The Survey noted that inflation has reappeared as a global issue in both advanced and emerging economies.Current account balance:During April-September 2021, India’s current account slipped into a deficit of USD 3.1 billion as compared to a surplus of USD 34.3 billion in the corresponding period of 2020. This was because of an increase in merchandise trade deficit. This was lower than current account deficit of USD 22.6 billion in April-September 2019. In 2020-21, India reported a current account surplus in April-September due to a steeper decline in merchandise imports relative to exports.Fiscal deficit:Fiscal deficit for April-November 2021 was 46.2% of the budget estimate as compared to 135.1% in the same period in 2020. The Survey noted that the fiscal deficit for the current year was more realistic as it brought in several off-budget items, such as food subsidy payments, within the budget allocation. In April-November 2021, revenue deficit was 38.8% of the budget estimate.Debt:Central government debt has increased from 49.1% of GDP in 2019-20 to 59.3% of GDP in 2020-21. This is due to increased borrowings on account of COVID-19. Central government debt is expected to follow a declining trajectory with economic recovery. Total liabilities of the central government include debt taken against the Consolidated Fund of India (public debt) and liabilities in the public account. At the end of March 2021, central government’s total outstanding liabilities were at Rs 117 lakh crore. Public debt accounted for 89.9% of total liabilities.Agriculture and allied activitiesThe agriculture sector has witnessed buoyant growth in the last two years. In 2020-21 the sector grew by 3.6% and is expected to grow by 3.9% in 2021-22. Growth in allied sectors including livestock, dairying, and fisheries have driven the overall growth in the sector. The Survey noted that the share of the agriculture sector in total nominal gross value added (GVA) of the economy has a long-term trend of around 18%. This changed to 20.2% in 2020-21 and 18.8% in 2021-22.The gross capital formation (GCF) in agriculture and allied sectors relative to their real GVA has been fluctuating. It touched a high of 18.2% in 2011-12 before falling to 15.9% in 2019-20. Public investment has remained stable (ranged in 2.4%-2.9%) whereas private investment has fluctuated. The Survey suggested that there should be a focussed and targeted approach to ensure higher public and private investment in the sector.Crop diversification towards oilseeds, pulses, and horticulture needs to be given priority. This requires addressing core issues of irrigation, investment, credit, and markets in their cultivation. There is a need for coordinated action from state governments to facilitate the shift to high value and less water consuming crops. Use of alternative fertilisers such as Nano Urea and organic fertilisers should be promoted. These fertilisers protect the soil, are more productive, and contribute to higher nutrient use efficiency.Industry and infrastructureThe industrial sector is estimated to grow by 11.8% in 2021-22 against a contraction of 7% in 2020-21. The Survey noted that buoyant FDI inflows and improvements in overall business sentiments signal a positive outlook for industry. Over the last decade, manufacturing had an average share of 16.3% in nominal GVA. This declined to 14.4% in 2020-21 but is expected to improve to 15.3% in 2021-22. In 2021-22, the manufacturing sector is expected to register a growth of 12.5% after contracting by 7.2% in 2020-21.In 2020-21, Index of Industrial Production (IIP) contracted 8.4% reflecting the impact of the pandemic on the industrial sector. IIP is a measure of industrial performance that assigns a weight of 78% to manufacturing, 14% to mining, and 8% to electricity. During April-November 2021-22, IIP grew at 17.4% as compared to a contraction of 15.3% in the corresponding period of 2020-21. According to studies on corporate performance by Reserve Bank of India (RBI), net profit to sales ratio of large corporates reached a level of 10.6% in the second quarter (July-September) of 2021-22 despite the pandemic.Gross fixed capital formation (GFCF) indicates the state of investments in the economy. During 2019-20, share of the industrial sector in total GFCF (at current prices) was 30.1%. This was slightly lower as compared to 31% in 2018-19. In 2018-19, aggregate and industrial GFCF (at constant prices) increased by 9.9% and 12.4% respectively. Growth rate of aggregate GFCF decreased to 5.4% in 2019-20 while that of industrial GFCF decreased to 3.7%.India registered its highest ever annual FDI inflow of USD 82 billion in 2020-21. Between 2014-21, India received FDI inflow worth USD 440 billion.Services sectorServices sector contributed to over 50% of India’s GDP. It contracted by 8.4% in 2020-21 and is estimated to grow by 8.2% in 2021-22. The Survey noted that the services sector has been the worst affected from the COVID-19 pandemic. Its share in India’s GVA declined from 55% in 2019-20 to 53% in 2021-22.Most of India’s start-ups are in the information technology/knowledge-based sector. Intellectual property and patents are key to this knowledge-based economy. The number of patents filed in India has increased from 39,400 in 2010-11 to 58,502 in 2020-21. During the same period, patents granted have increased from 7,509 to 28,391. The Survey noted that the number of patents granted in India is a fraction compared to China, USA, Japan, and Korea. One of the reasons for relatively low patents in India is low expenditure on research and development which was 0.7% of GDP in 2020. Procedural delays and complex processes also contribute to low patents in India. The average pendency for final decision in acquiring patents in India was 42 months in 2020. In comparison, this was 20.8 months in USA and 20 months in China.EmploymentBefore the outbreak of COVID-19, the urban labour force had shown signs of improvement in terms of labour force participation rate. The nationwide lockdown imposed in late March 2020 adversely impacted the urban labour market. In the first quarter (April-June) of 2020-21 unemployment rate for urban sector (measured by current weekly status) increased to 20.8%. With economic revival, unemployment rate declined to 9.3% in fourth quarter (January-March) of 2020-21.The Survey observed that the latest payroll data from Employees’ Provident Fund Organisation (EPFO) suggests acceleration in formalisation of the job market. This has been driven by new formal jobs and formalisation of existing jobs. There were 13.95 lakh net additions to EPF subscribers in November 2021.Data on demand for work under Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) indicates: (i) MGNREGS employment peaked during the nation-wide lockdown in 2020, (ii) demand for MGNREGS has stabilised after the second COVID-19 wave, and (iii) aggregate MGNREGS employment is higher than pre-pandemic level. During the second COVID-19 wave, demand for MGNREGS reached the maximum level of 4.59 crore persons in June 2021.EducationThe Survey cited data from the Annual Status of Education Report (ASER) which found that during the pandemic, children aged 6-14 years who are not currently enrolled in schools increased from 2.5% in 2018 to 4.6% in 2021. The enrolment decline was relatively large among the age group of 7-10 years.According to ASER, during the pandemic, children in rural areas moved out of private to government schools. The possible reasons for these shifts are (i) shut down of low-cost private schools, (ii) financial distress of parents, (iii) free facilities in government schools, and (iv) families migrating back to villages.Sustainable development and climate changeThere is a greater thrust on climate action following India’s announcement to achieve net zero emissions by 2070. Climate finance will remain critical to successful climate action by developing countries including India.India’s overall score on the NITI Aayog SDG India Index and Dashboard improved from 60 in 2019-20 to 66 in 2020-21. India ranked third globally in increasing its forest area during 2010 to 2020. Forests covered 24% of India’s geographical area. During 2011-2021, India’s forest cover has increased by more than 3% primarily due to increase in very dense forests (by 20% during the same period). The Survey observed that going forward, there is a need to further improve forest and tree cover. Social forestry could also play a significant role in this regard.The extent of ground water extraction varies across the country. During 2004-2020, ground water assessment units categorised as safe (less than 70% extraction) have declined from 73% in 2009 to 64% in 2020. Semi-critical units (extraction between 70% and 90%) have increased from 9% in 2009 to 15% in 2020. States/UTs need to improve management of its ground water resources through improving its recharge and stemming over exploitation.DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it. |
65c3721357bc5671070680d4 | reports | Committee Report: Impact of COVID-19 on rising unemployment and loss of jobs/livelihoods in organised and unorganised sectorsThe Standing Committee on Labour (Chair: Mr. Bhartruhari Mahtab) submitted its report on the subject ‘Impact of COVID-19 on Rising Unemployment and Loss of Jobs/ Livelihood in Organised and Unorganised Sectors’on August 3, 2021. Key observations and recommendations by the Committee include:Workers in informal sector:The Committee noted that 90% of workers in India are from the informal sector. These workers include: (i) migrant workers, (ii) contract labours, (iii) construction workers, and (iv) street vendors. The Committee observed that these workers were worst impacted by the pandemic due to seasonality of employment and lack of employer-employee relationship in unorganised sectors. The Committee recommended the central and state governments to undertake measures to: (i) encourage entrepreneurial opportunities, (ii) attract investment in traditional manufacturing sectors and developing industrial clusters, (iii) strengthen social security measures, (iv) maintain a database of workers in the informal sector, and (v) promote vocational training. It also recommended the central government to explore establishing cess funds for the benefit of workers in the informal sector.National database for unorganised workers:The Committee noted that the development of a comprehensive National Database for Unorganised Workers (NDUW) has been delayed. The unorganised workers need to register in the database for availing benefits of various welfare schemes. However, the registration of the workers is voluntary, which may deprive illiterate or unaware workers of various benefits. The Committee recommended that the central and state governments should facilitate the registration process of unorganised workers on the NDUW portal.Availability of data:The Committee observed that accurate and timely data must be available to address the impact of the pandemic. It noted that various reports are not released on timely manner. For instance, the Periodic Labour Force Survey has not been released since 2018-19. The Committee recommended the central government to ensure timely collection and release of such data.Implementation of schemes:The Committee reviewed the progress of schemes launched during the pandemic for the benefit of workers, and recommended measures to maximise their impact. Key recommendations on such schemes include: (i) following up with the state governments of four states (Delhi, Chhattisgarh, Assam, and West Bengal) for integrating the One Nation One Ration Card plan, (ii) converting loan credit amounts under PM-SVANidhi scheme to direct cash grants for street vendors , (iii) extending the work allocation under theMahatma Gandhi National Rural Employment Guarantee Scheme,and (iii) extending the validity of the Aatma Nirbhar Bharat Rojgar Yojana and Atal Beemit Vyakti Kalyan Yojana.Further, it recommended disbursing funds under the schemes in a timely manner, and launching publicity campaigns for schemes which require registration on a voluntary basis (such as the Pradhan Mantri Shram Yogi Maan-Dhan scheme).Healthcare:The Committee recommended the central government to make access to healthcare a legal right and obligation.Female workers:The Committee noted that the pandemic led to large-scale unemployment for female workers. It recommended: (i) increasing government procurement from women-led enterprises, (ii) training women in new technologies, (iii) providing women with access to capital, and (iv) investing in childcare and linked infrastructure.Urban poor:The Committee recommended implementing schemes which provide shelter, access to business spaces, institutional credit, and cash grants to urban poor. It also recommended building public works (such as schools, hospitals, and internal roads) to generate employment in urban areas.Restrictions on termination of casual workers:The Committee noted that the central government had issued advisories to state governments seeking restrictions on termination of employment or a reduction in wages, especially for casual workers. It recommended carrying out periodic studies to evaluate the impact of these measures. It suggested taking suo-moto action based to prevent and address wrongful termination.DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it. |
65c3721357bc56710706813a | reports | The Law Commission of India (Chair: Justice B.S. Chauhan) submitted its report on ‘Wrongful Prosecution (Miscarriage of Justice): Legal Remedies’ on August 30, 2018. The report follows a Delhi High Court directive in 2016 where the Commission was asked to examine the remedies for wrongful detention. The Commission noted that currently there is no legislative framework to provide relief to those who are wrongfully prosecuted. Key recommendations of the Commission include:Legal framework:The Commission recommended amendments to the Code of Criminal Procedure, 1973 (CrPC), to give compensation in cases of miscarriage of justice resulting in wrongful prosecution of persons. Miscarriage of justice refers to wrongful or malicious prosecution, regardless of whether it leads to conviction or detention.Cause of action:The cause of action (reason) for the claimant to file a compensation claim would be that he was wrongfully prosecuted in a case which ended in his acquittal. Wrongful prosecution would include: (i) malicious prosecution, i.e. where one files a case against the claimant without belief in his guilt for the crime, and (ii) prosecution without good faith, i.e. where one files a case against the claimant negligently without due care and attention.Who can apply:A claim for compensation may be sought for harm caused to body, mind, reputation, or property because of the wrongful prosecution. Such a claim can be filed by the accused person, or his authorised agent, or his heirs or legal representatives (upon his death).Special Courts:The Commission observed that claims in relation to wrongful compensation should be settled speedily, keeping in mind the interest of the claimant. Therefore, it recommended setting up of special courts in each district for deciding compensation claims.Nature of proceedings:The proceedings in the special court will follow summary procedures for speedier disposal of the case.Further, the accused will be required to prove misconduct which lead to his wrongful prosecution. The claim will be decided by weighing the “balance of probabilities”, i.e., the claim will be decided in favour of the party whose claims appear more likely to be true.Compensation:The Commission observed that it may not be possible at present to lay down a fixed amount of monetary compensation to be paid. It recommended amendments to the CrPC to include guiding principles to be followed by the court while deciding the amount of compensation. These include seriousness of the offence, severity of punishment, length of detention, damage to health, harm to reputation, and loss of opportunities.Further, the Commission recommended that compensation under the law should include both pecuniary (monetary) assistance and non-pecuniary assistance (such, as counselling services and vocational skill development). It further emphasised that non-pecuniary assistance should include provisions to remove disqualifications attached to wrongful prosecution. These include disqualifications which affect the person’s chances of finding employment and getting admission in educational institutions.The Commission also recommended that a provision for payment of interim compensation be included in the law, for cases where the claimant may require immediate assistance.DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it. |
65c3721357bc5671070681bf | reports | The Standing Committee on Finance (Chairperson: Mr. Yashwant Sinha) presented its report on “Policy on New Licences in the Banking Sector” on October 18, 2013. It reviewed the performance of new banks and the guidelines for setting up of new banks while keeping in mind the objective of financial inclusion. The key observations and recommendations are mentioned below:The Standing Committee on Finance (Chairperson: Mr.YashwantSinha) presented its report on “Policy on New Licences in the Banking Sector” on October 18, 2013. It reviewed the performance of new banks and the guidelines for setting up of new banks while keeping in mind the objective of financial inclusion. The key observations and recommendations are mentioned below:Issue of licences for establishment of new banks:The Committee noted that the Narasimhan Committee (1991) had recommended that the Reserve Bank of India (RBI) permit establishment of new banks in the private sector. Following the recommendations, guidelines for licensing of new banks were issued by RBI in 1993 and revised guidelines were issued in January 2001 and February 2013.Out of the four banks established by individuals in 1993, just one has survived while three have either voluntarily merged or have been compulsorily merged due to a decline in their financial health. The Committeeopined that the 1993 guidelines may not have been adequate to check such decline in financial health of the new banks.Banking licences to large industrial houses:The Committee observed that the 2013 guidelines for banking licences have permitted large industrial houses to apply for banking licenses, contrary to the 2001 guidelines. It disapproved of RBI’s reasoning for issuing licences to large industrial houses that: (i) capital requirement can be easily provided by them, (ii) they had already been allowed entry into other financial service sectors, and (iii) they have nurtured industrial growth in various highly regulated sectors including telecom, power and highways. It stated that it would be prudent to keep industry and banking separate since banking is a highly leveraged business involving public money and public welfare. It expressed concern that industrial houses may not be geared to achieve the objectives of financial inclusion.Fit and proper criteria:At present, under the“fit and proper” criteria, entities applying for a banking licence should have sound credentials and integrity, and should have a successful track record of 10 years. The Committee opined that a more precise, coherent and objective yardstick should be formulated to assess the credentials of various applicants.Paid up capital:The Committee recommended raising the minimum paid-up capital requirement for new banks from the current Rs 500 crore to Rs 1000 crore. It opined that starting a bank with Rs 500 crore as capital could limit operations of the bank and that increasing the minimum requirement would also screen out less serious players.Lending norms:The Committee noted that there are no lending norms prescribed in the guidelines with regard to lending to entities associated with the promoters of the banks. It expressed the need to have clear guidelines regarding the same in order to prevent appropriation of funds to serve the interests of the promoter group.Financial inclusion:The 2013 guidelines require new banks to open at least 25% of their branches in unbanked rural areas. TheCommittee noted that the existing private sector banks have less than 20% of their branches in such areas. It recommended that RBI have a mechanism to incentivise expansion of banking in unbanked rural areas. Further, it proposed that permission for opening new branches be given in lots of four - three branches in urban areas and one in a rural area.Issues related to applications:The Committee proposed that: (i) RBI execute screening and evaluation of applicants in a transparent manner, (ii) RBI respond to applications promptly and inform rejected candidates about the reason for the same within a stipulated time period, and (ii) there be a mechanism to enable aggrieved applicants to seek review of decisions of RBI. |
65c3721357bc567107068199 | reports | The Standing Committee on Transport, Tourism and Culture (Chair: Dr. Kanwar Deep Singh) submitted a report on infrastructure lending in road sector on August 8, 2016. Key observations and recommendations of the Committee include:Long-term loans:The Committee observed that several of the long-term loans disbursed for the road sector are turning into non-performing assets (NPAs). Projects bids are often made without proper study, and projects are awarded in a hurry. This results in stalling of projects, and concessionaires leave mid-way. The Committee recommended that banks should take due diligence while disbursing loans to concessionaires. It also suggested that NPAs may be supported by government allocation. Further, banks could be empowered to recover the bad debts. The Committee also suggested that the Reserve Bank of India (RBI) may reduce the threshold limit for long-term loans from Rs 500 crore to about Rs 200 crore so that some more projects would be covered.Long-term bonds:The Committee recommended long term bonds as a way of financing infrastructure projects. It suggested that the government should look at bonds for a period of 20 to 25 years.Infrastructure lending:With regard to financing of road projects, the Committee noted that promoters of several infrastructure projects are smaller companies which results in insufficient equity. It also leads to situations where financial institutions refuse to finance such projects. The Committee recommended that the government allocation for projects should be increased and the bank NPAs may be supported by government allocations.The Committee also noted that when projects are terminated due to various reasons the banks are not given an opportunity or any guarantee that the pending loan is repaid. It recommended that Model Concession Agreement may be revised based on feedback received from banks and financial institutions. Further, the recovery of bad debts should be made easier by empowering banks adequately.Vigilance:The Committee observed that with regard to financing NPAs, banks work under the fear of scrutiny by the Central Bureau of Investigation and the Central Vigilance Commission. It recommended that NPAs should be financed through the banks’ discretion, and within their capacity. If decisions are taken in a transparent manner, there should not be any fear of investigation.Project delays:Highway projects get delayed due to delays in acquiring land and environmental clearances, and rehabilitation issues. These delays also increase the cost of the projects. The Committee recommended that the Ministry of Road Transport and Highways should obtain all these clearances before awarding the projects to concessionaires. It also recommended that the National Highways Authority of India should (i) technically examine, (ii) estimate costs, and (iii) ensure all clearances (statutory, environment, railways, etc.) before awarding any project to concessionaires.The Committee also noted that lack of dispute resolution is one of the major hurdles in clearing stressed or delayed projects. It recommended that the government should set up a dispute redressal mechanism for road projects.Role of central government:The Committee observed that while the Ministry of Road Transport and Highways invests in the construction of roads, its only source of revenue is budgetary support from the central government. The Committee recommended that the RBI and Ministry of Finance may help the Ministry of Road Transport to set up its own dedicated financial institutions to generate funds for development of the road sector. It also recommended that Ministry of Road Transport should monitor toll collection and channelise the surplus money towards stressed projects.The Committee also noted that while the central government has allocated a huge budget for the road sector, this cannot sustain over a long term. It suggested that the government should devise ways and establish appropriate financial institutions and models to encourage the return of private investment to the road sector.Safety:The Committee observed that about 4.5 lakh road accidents occur annually in India, causing 1.4 lakh deaths and 4.8 lakh injuries. It noted that faulty design of roads, pot holes, absence of signage and speed breakers, and blind turns usually cause accidents. It recommended that road design and maintenance may be given top priority. Further, utilising a part of petrol and diesel cess on road safety may be considered. |
65c3721357bc56710706819d | reports | The Standing Committee on Petroleum and Natural Gas submitted its report on the functioning of the Directorate General of Hydrocarbons (DGH) on May 6, 2016. Key observations and recommendations of the Committee include:Regulator:The Committee was of the view that with both public and private sector participation in the hydrocarbon sector, it is necessary to have an independent regulator with certain statutory powers (to adjudicate matters in line with the policy of the government). Currently the upstream sector (searching, exploration, and the production of oil) does not have a regulator. The Petroleum and Natural Gas Board (PNGRB) (under the Ministry of Petroleum and Natural Gas) regulates a small part of the downstream sector (refining, marketing, and distribution of petroleum products). Therefore, the Ministry must vest the regulatory functions performed by the DGH with the PNGRB. The PNGRB can be the regulator for both the upstream and downstream sector.Appeal provision:The Committee observed that there have been multiple disputes with regard execution of production sharing contracts (contract between a contractor and the government regarding production of petroleum). In the absence of an appellate authority, the disputes against the DGH have to be appealed before Courts. This leads to delay in exploration activities, etc. An adjudicatory authority must be set up through consultation to hear the review orders passed by the DGH. The Committee also stated that the Ministry must review the existing production sharing contract system and evolve simplified forms of contracts which includes clear definitions and contains less scope for misinterpretation.Qualification:The Committee observed that in most cases of recruitment., the post of the DGH has been filled by technical persons. However, in 2012, the post was occupied by an official from the Indian Administrative Services. Further, it observed that the post of the DGH had been lying vacant since July 2015. This was because the recruitment rules for the post had not been formulated. It noted that the post of the DGH is a technical one and it must be filled by persons who have considerable experience in the upstream sector (formulated recruitment rules provide for the same). It recommended that the post of the DGH must not be kept vacant.Human resources:The Committee observed that against the sanctioned staff strength of 255, the actual strength of the DGH is 187. It observed that officers are appointed to the DGH on deputation from oil Public Sector Undertakings (PSUs). It noted that these officers may have a conflict of interest while assessing the work of their own PSUs. There is no effort made by the Ministry to create a permanent cadre of officers for the DGH. It noted that the DGH has been advised to hire consultants on the matter of restructuring the DGH. The Committee recommended that hiring of consultants must be done on a priority basis. It recommended that after receiving the report, the DGH should be restructured in order to develop a permanent cadre of employees.Reassessment:The last assessment of hydrocarbon resource bases for fifteen sedimentary basins (and deep water areas) was carried out more than twenty years ago. The government has initiated some projects with regard to this. The appraisal of unapprised areas (areas not identified for discovery) must be completed under a fixed timeline. Considering the stagnant domestic production of hydrocarbons, a multi-organisational team must be set up to review all the exploration activities carried out by upstream PSUs.Survey and alternate fuels:Companies such as Oil and Natural Gas Corporation Ltd. have been given the task to survey certain unapprised hydrocarbon areas. For this, the initial expenditure has to borne by these PSUs. The Committee noted apprehension as to whether these PSUs would give priority to this work and spend funds from their budget. It recommended that the Ministry must seek funds from the Finance Ministry, so that these projects are not delayed due to fund requirements. It noted that this project should be brought under direct monitoring of the national level committee monitoring the reassessment of hydrocarbons. Progress made in exploitation of alternate energy resources (such as shale gas) has been very slow. Due attention must be given to programmes relating to alternate energy sources. |
65c3721357bc567107068141 | reports | The Standing Committee on Commerce (Chair: Naresh Gujral) submitted its report on ‘Impact of Banking Misappropriation on Trade and Industry’ on August 6, 2018. Typically, industries have been using different borrowing instruments to finance trade, including Letter of Credit (LC), revolving LCs, Letter of Undertaking (LoU), Letter of Comfort (LoC), among others. The Committee noted that the banking sector has recently faced misappropriation through frauds of high magnitude. Consequently, the Reserve Bank of India (RBI) has taken various measures regarding trade financing to curb fraud, which have had deep ramifications on trade and industry. Key observations and recommendations of the Committee include:Discontinuation of LoUs and LoCs:RBI had discontinued issuance of LoUs and LoCs by banks effective from March 2018. The Committee observed that LoUs and LoCs had been an effective instrument of raising cheaper, short-term credit in foreign currency. Further, industrial organisations and federations do not consider LoUs or LoCs to be flawed instruments. It noted that the discontinuation by RBI was a knee-jerk reaction to the frauds. It recommended restoration of LoUs and LoCs at the earliest with proper safeguards.Impact on MSMEs:The Committee noted that frauds and misappropriation have eroded the capital base of banks, and increased their non-performing assets. As a result, the RBI has adopted a more cautionary approach towards lending. This has proved to be a burden for trade and industry, chiefly for micro, small, and medium enterprises (MSMEs).The Committee noted that banks extend financing to firms with high credit ratings at concessional rates. Rating agencies assess every firm on the same scale without taking into account their nature and size. This system has deprived multiple MSMEs of easy access to bank finance. The Committee recommended that: (i) local uncertainties specific to each industry be taken into consideration by credit rating agencies while rating firms, (ii) the Securities and Exchange Board of India be engaged to take necessary action in issuing credit ratings, and (iii) banks strengthen their credit appraisal frameworks and undertake in-house credit risk appraisals.Effect of the Prompt Corrective Action (PCA) framework on MSME lending:The Committee observed that a set of rules have been put in place by the RBI under the PCA framework to assess, monitor and take corrective action on weak and troubled banks. These rules place several restrictions on banks, such as lending to riskier customers, opening newer branches, inter-bank borrowing, among others. The RBI has put 11 public sector banks under PCA. MSMEs largely get their credit from public sector banks. Due to the imposition of PCA on their creditors, MSMEs are struggling to meet their financial needs. The Committee recommended that RBI consider exempting bank credit to MSMEs from the purview of PCA restrictions.Collateral requirements for issuing LCs:The Committee noted that banks are insisting on higher collaterals of 35% to 50% of credit value (compared to earlier levels of 15% to 25%) for issuance of LCs and bank guarantees. Higher collateral requirements may lead to diversion of funds to build collateral, and thereby impact the competitiveness of industry. It recommended that the RBI clearly specify collateral requirements for issuance of LCs and bank guarantees, especially for MSMEs.Business with embargo countries:The Committee noted that many banks are not handling transactions related to countries such as Syria, Sudan, , as they have been put under sanctions by the United States of America or the United Nations. However, it observed that these sanctions do not apply to exports of pharmaceuticals and food products to such countries. It recommended that banks be given clear guidelines to enable smooth handling of business with such countries in these sectors.Export credit cover by Export Credit Guarantee Corporation (ECGC):The ECGC provides export credit insurance for risk of non-payment by the buyer to Indian exporters. The Committee noted that there are delays in payment of claims of exporters by the ECGC, with 94 claims worth Rs 219 crore pending with it. It recommended that the ECGC: (i) settle claims expeditiously, and (ii) frame timelines for settlement of claims. Further, the Committee noted that ECGC no longer extends the Whole Turnover Policy (WTP), which provides protection to banks against non-repayment of loans by exporters, to the gems and jewellery As a result, exporters in the industry have to take individual policies at a higher premium. The Committee recommended that ECGC reinstate the WTP for this sector, as it is one of the largest foreign exchange earners in the country.DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it. |
23f8fd66-5341-5226-a956-889e9621abaa | constitution |
# The Constitution Of India
[*As on May*, 2022]
# 2022
## Preface
This is the fifth pocket size edition of the Constitution of India in the diglot form. In this edition, the text of the Constitution of India has been brought up-to-date by incorporating therein all the amendments up to the Constitution (One Hundred and Fifth Amendment) Act, 2021. The foot notes below the text indicate the Constitution Amendment Acts by which such amendments have been made.
The Constitution (One Hundredth Amendment) Act, 2015
containing details of acquired and transferred territories between the Governments of India and Bangladesh has been provided in APPENDIX I.
The Constitution (Application to Jammu and Kashmir)
Order, 2019 and the declaration under article 370(3) of the Constitution have been provided respectively in Appendix II and Appendix III for reference.
New Delhi;
Dr. Reeta Vasishta,
*Secretary to the Government of India.*
##
Art., arts. ........................................................ *for* Article, articles.
| Cl., cls | ″ | Clause, clauses. |
|---------------------|-----|------------------------|
| C.O | ″ | Constitution Order. |
| Ins | ″ | Inserted. |
| P., pp | ″ | Page, pages. |
| Pt | ″ | Part. |
| Rep | ″ | Repealed. |
| Ss., ss | ″ | Section, sections. |
| Sch | ″ | Schedule. |
| Subs | ″ | Substituted. |
| w.e.f | ″ | with effect from. |
| w.r.e.f | ″ | with |
| r | | |
| etrospective effect | | |
from.
## Contents
__________
PREAMBLE
## Part I The Union And Its Territory
ARTICLES
1.
Name and territory of the Union.
2.
Admission or establishment of new States.
[2A. Sikkim to be associated with the Union.—*Omitted.*]
3.
Formation of new States and alteration of areas, boundaries or
names of existing States.
4.
Laws made under articles 2 and 3 to provide for the amendment of
the First and the Fourth Schedules and supplemental, incidental and consequential matters.
## Part Ii Citizenship
5.
Citizenship at the commencement of the Constitution.
6.
Rights of citizenship of certain persons who have migrated to
India from Pakistan.
7.
Rights of citizenship of certain migrants to Pakistan.
8.
Rights of citizenship of certain persons of Indian origin residing
outside India.
9.
Persons voluntarily acquiring citizenship of a foreign State not to
be citizens.
10.
Continuance of the rights of citizenship.
11.
Parliament to regulate the right of citizenship by law.
## Part Iii Fundamental Rights General
12.
Definition.
13.
Laws inconsistent with or in derogation of the fundamental
rights.
Right to Equality
14.
Equality before law.
15.
Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth.
16.
Equality of opportunity in matters of public employment.
17.
Abolition of Untouchability.
18.
Abolition of titles.
Right to Freedom
19.
Protection of certain rights regarding freedom of speech, etc.
20.
Protection in respect of conviction for offences.
21.
Protection of life and personal liberty.
21A.
Right to education.
22.
Protection against arrest and detention in certain cases.
Right against Exploitation
23.
Prohibition of traffic in human beings and forced labour.
24.
Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
25.
Freedom of conscience and free profession, practice and
propagation of religion.
26.
Freedom to manage religious affairs.
27.
Freedom as to payment of taxes for promotion of any particular
religion.
28.
Freedom as to attendance at religious instruction or religious
worship in certain educational institutions.
## Articles Cultural And Educational Rights
29.
Protection of interests of minorities.
30.
Right of minorities to establish and administer educational
institutions.
[31.
Compulsory acquisition of property. —*Omitted*.]
Saving of Certain Laws
31A.
Saving of Laws providing for acquisition of estates, etc.
31B.
Validation of certain Acts and Regulations.
31C.
Saving of laws giving effect to certain directive principles.
[31D.
Saving of laws in respect of anti-national activities.—*Omitted.*]
Right to Constitutional Remedies
32.
Remedies for enforcement of rights conferred by this Part.
[32A.
Constitutional validity of State laws not to be considered in
proceedings under article 32.—*Omitted.*]
33.
Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
34.
Restriction on rights conferred by this Part while martial law is in force in any area.
35.
Legislation to give effect to the provisions of this Part.
## Part Iv Directive Principles Of State Policy
36.
Definition.
37.
Application of the principles contained in this Part.
38.
State to secure a social order for the promotion of welfare of the people.
39.
Certain principles of policy to be followed by the State.
39A.
Equal justice and free legal aid.
## Articles
40.
Organisation of village panchayats.
41.
Right to work, to education and to public assistance in certain cases.
42.
Provision for just and humane conditions of work and maternity
relief.
43.
Living wage, etc., for workers.
43A.
Participation of workers in management of Industries.
43B.
Promotion of co-operative societies.
44.
Uniform civil code for the citizens.
45.
Provision for early childhood care and education to children below the age of six years.
46.
Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
47.
Duty of the State to raise the level of nutrition and the standard of living and to improve public health.
48.
Organisation of agriculture and animal husbandry.
48A.
Protection and improvement of environment and safeguarding of forests and wild life.
49.
Protection of monuments and places and objects of national importance.
50.
Separation of judiciary from executive.
51.
Promotion of international peace and security.
## Part Iva Fundamental Duties
51A.
Fundamental duties.
## Part V The Union
## Chapter I.The Executive The President And Vice-President
52.
The President of India.
53.
Executive power of the Union.
54.
Election of President.
## Articles
55.
Manner of election of President.
56.
Term of office of President.
57.
Eligibility for re-election.
58.
Qualifications for election as President.
59.
Conditions of President's office.
60.
Oath or affirmation by the President.
61.
Procedure for impeachment of the President.
62.
Time of holding election to fill vacancy in the office of President
and the term of office of person elected to fill casual vacancy.
63.
The Vice-President of India.
64.
The Vice-President to be *ex officio* Chairman of the Council of States.
65.
The Vice-President to act as President or to discharge his
functions during casual vacancies in the office, or during the
absence, of President.
66.
Election of Vice-President.
67.
Term of office of Vice-President.
68.
Time of holding election to fill vacancy in the office of Vice-President
and the term of office of person elected to fill casual vacancy.
69.
Oath or affirmation by the Vice-President.
70.
Discharge of President's functions in other contingencies.
71.
Matters relating to, or connected with, the election of a President
or Vice-President.
72.
Power of President to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.
73.
Extent of executive power of the Union.
Council of Ministers
74.
Council of Ministers to aid and advise President.
75.
Other provisions as to Ministers.
The Attorney-General for India
76.
Attorney-General for India.
## Articles Conduct Of Government Business
77.
Conduct of business of the Government of India.
78.
Duties of Prime Minister as respects the furnishing of
information to the President, etc.
## Chapter Ii.Parliament General
79.
Constitution of Parliament.
80.
Composition of the Council of States.
81.
Composition of the House of the People.
82.
Readjustment after each census.
83.
Duration of Houses of Parliament.
84.
Qualification for membership of Parliament.
85.
Sessions of Parliament, prorogation and dissolution.
86.
Right of President to address and send messages to Houses.
87.
Special address by the President.
88.
Rights of Ministers and Attorney-General as respects Houses.
## Officers Of Parliament
89.
The Chairman and Deputy Chairman of the Council of States.
90.
Vacation and resignation of, and removal from, the office of
Deputy Chairman.
91.
Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.
92.
The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.
93.
The Speaker and Deputy Speaker of the House of the People.
94.
Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.
95.
Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker.
## Articles
96.
The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.
97.
Salaries and allowances of the Chairman and Deputy Chairman
and the Speaker and Deputy Speaker.
98.
Secretariat of Parliament.
## Conduct Of Business
99.
Oath or affirmation by members.
100.
Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
## Disqualifications Of Members
101.
Vacation of seats.
102.
Disqualifications for membership.
103.
Decision on questions as to disqualifications of members.
104.
Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.
Powers, Privileges and Immunities of Parliament and its
Members
105.
Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.
106.
Salaries and allowances of members.
Legislative Procedure
107.
Provisions as to introduction and passing of Bills.
108.
Joint sitting of both Houses in certain cases.
109.
Special procedure in respect of Money Bills.
110.
Definition of "Money Bills".
111.
Assent to Bills.
Procedure in Financial Matters
112.
Annual financial statement.
113.
Procedure in Parliament with respect to estimates.
114.
Appropriation Bills.
## Articles
115.
Supplementary, additional or excess grants.
116.
Votes on account, votes of credit and exceptional grants.
117.
Special provisions as to financial Bills.
Procedure Generally
118.
Rules of procedure.
119.
Regulation by law of procedure in Parliament in relation to financial business.
120.
Language to be used in Parliament.
121.
Restriction on discussion in Parliament.
122.
Courts not to inquire into proceedings of Parliament.
## Chapter Iii.Legislative Powers Of The President
123.
Power of President to promulgate Ordinances during recess of Parliament.
## Chapter Iv. The Union Judiciary
124.
Establishment and constitution of the Supreme Court.
124A.
National Judicial Appointments Commission.
124B.
Functions of Commission.
124C.
Power of Parliament to make law.
125.
Salaries, etc., of Judges.
126.
Appointment of acting Chief Justice.
127.
Appointment of *ad hoc* Judges.
128.
Attendance of retired Judges at sittings of the Supreme Court.
129.
Supreme Court to be a court of record.
130.
Seat of Supreme Court.
131.
Original jurisdiction of the Supreme Court.
[131A.
Exclusive jurisdiction of the Supreme Court in regard to questions
as to constitutional validity of Central laws.*Omitted*.]
132.
Appellate jurisdiction of the Supreme Court in appeals from High Courts in certain cases.
133.
Appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to civil matters.
134.
Appellate jurisdiction of the Supreme Court in regard to criminal matters.
## Articles
134A.
Certificate for appeal to the Supreme Court.
135.
Jurisdiction and powers of the Federal Court under existing law
to be exercisable by the Supreme Court.
136.
Special leave to appeal by the Supreme Court.
137.
Review of judgments or orders by the Supreme Court.
138.
Enlargement of the jurisdiction of the Supreme Court.
139.
Conferment on the Supreme Court of powers to issue certain
writs.
139A.
Transfer of certain cases.
140.
Ancillary powers of the Supreme Court.
141.
Law declared by Supreme Court to be binding on all courts.
142.
Enforcement of decrees and orders of the Supreme Court and
orders as to discovery, etc.
143.
Power of the President to consult the Supreme Court.
144.
Civil and judicial authorities to act in aid of the Supreme
Court.
[144A.
Special provisions as to disposal of questions relating to
constitutional validity of laws.*Omitted*.]
145.
Rules of Court, etc.
146.
Officers and servants and the expenses of the Supreme Court.
147.
Interpretation.
## Chapter V.Comptroller And Auditor- General Of India
148.
Comptroller and Auditor-General of India.
149.
Duties and powers of the Comptroller and Auditor-General.
150.
Form of accounts of the Union and of the States.
151.
Audit reports.
## Part Vi The States Chapter I. General
152.
Definition.
## Articles Chapter Ii. The Executive The Governor
153.
Governors of States.
154.
Executive power of State.
155.
Appointment of Governor.
156.
Term of office of Governor.
157.
Qualifications for appointment as Governor.
158.
Conditions of Governor's office.
159.
Oath or affirmation by the Governor.
160.
Discharge of the functions of the Governor in certain
contingencies.
161.
Power of Governor to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.
162.
Extent of executive power of the State.
Council of Ministers
163.
Council of Ministers to aid and advise Governor.
164.
Other provisions as to Ministers.
The Advocate-General for the State
165.
Advocate-General for the State.
Conduct of Government Business
166.
Conduct of business of the Government of a State.
167.
Duties of Chief Minister as respects the furnishing of
information to Governor, etc.
## Chapter Iii.The State Legislature General
168.
Constitution of Legislatures in States.
169.
Abolition or creation of Legislative Councils in States.
170.
Composition of the Legislative Assemblies.
## Articles
171.
Composition of the Legislative Councils.
172.
Duration of State Legislatures.
173.
Qualification for membership of the State Legislature.
174.
Sessions of the State Legislature, prorogation and dissolution.
175.
Right of Governor to address and send messages to the House or
Houses.
176.
Special address by the Governor.
177.
Rights of Ministers and Advocate-General as respects the
Houses.
Officers of the State Legislature
178.
The Speaker and Deputy Speaker of the Legislative Assembly.
179.
Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.
180.
Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker.
181.
The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.
182.
The Chairman and Deputy Chairman of the Legislative Council.
183.
Vacation and resignation of, and removal from, the offices of
Chairman and Deputy Chairman.
184.
Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.
185.
The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.
186.
Salaries and allowances of the Speaker and Deputy Speaker and
the Chairman and Deputy Chairman.
187.
Secretariat of State Legislature.
Conduct of Business
188.
Oath or affirmation by members.
189.
Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.
Disqualifications of Members
190.
Vacation of seats.
## Articles
191.
Disqualifications for membership.
192.
Decision on questions as to disqualifications of members.
193.
Penalty for sitting and voting before making oath or affirmation
under article 188 or when not qualified or when disqualified.
Powers, privileges and immunities of State Legislatures and
their Members
194.
Powers, privileges, etc., of the Houses of Legislatures and of the
members and committees thereof.
195.
Salaries and allowances of members.
Legislative Procedure
196.
Provisions as to introduction and passing of Bills.
197.
Restriction on powers of Legislative Council as to Bills other
than Money Bills.
198.
Special procedure in respect of Money Bills.
199.
Definition of "Money Bills".
200.
Assent to Bills.
201.
Bills reserved for consideration.
Procedure in Financial Matters
202.
Annual financial statement.
203.
Procedure in Legislature with respect to estimates.
204.
Appropriation Bills.
205.
Supplementary, additional or excess grants.
206.
Votes on account, votes of credit and exceptional grants.
207.
Special provisions as to financial Bills.
Procedure Generally
208.
Rules of procedure.
209.
Regulation by law of procedure in the Legislature of the State in
relation to financial business.
## Articles
210.
Language to be used in the Legislature.
211.
Restriction on discussion in the Legislature.
212.
Courts not to inquire into proceedings of the Legislature.
## Chapter Iv.Legislative Power Of The Governor
213.
Power of Governor to promulgate Ordinances during recess of Legislature.
## Chapter V.The High Courts In The States
214.
High Courts for States.
215.
High Courts to be courts of record.
216.
Constitution of High Courts.
217.
Appointment and conditions of the office of a Judge of a High Court.
218.
Application of certain provisions relating to Supreme Court to
High Courts.
219.
Oath or affirmation by Judges of High Courts.
220.
Restriction on practice after being a permanent Judge.
221.
Salaries, etc., of Judges.
222.
Transfer of a Judge from one High Court to another.
223.
Appointment of acting Chief Justice.
224.
Appointment of additional and acting Judges.
224A.
Appointment of retired Judges at sittings of High Courts.
225.
Jurisdiction of existing High Courts.
226.
Power of High Courts to issue certain writs.
[226A.
Constitutional validity of Central laws not to be considered in
proceedings under article 226.*Omitted.*]
227.
Power of superintendence over all courts by the High Court.
228.
Transfer of certain cases to High Court.
[228A.
Special provisions as to disposal of questions relating to
constitutional validity of State laws.*Omitted.*]
## Articles
229.
Officers and servants and the expenses of High Courts.
230.
Extension of jurisdiction of High Courts to Union territories.
231.
Establishment of a common High Court for two or more States.
[232.
Articles 230, 231 and 232 substituted by articles 230 and 231].
CHAPTER VI.SUBORDINATE COURTS
233.
Appointment of district judges.
233A.
Validation of appointments of, and judgments, etc., delivered by, certain district judges.
234.
Recruitment of persons other than district judges to the judicial service.
235.
Control over subordinate courts.
236.
Interpretation.
237.
Application of the provisions of this Chapter to certain class or classes of magistrates.
[PART VII.—Omitted]
THE STATES IN PART B OF THE FIRST SCHEDULE
[238.
Omitted.]
PART VIII
## The Union Territories
239.
Administration of Union territories.
239A.
Creation of local Legislatures or Council of Ministers or both for certain Union territories.
239AA.
Special provisions with respect to Delhi.
239AB.
Provision in case of failure of constitutional machinery.
239B.
Power of administrator to promulgate Ordinances during recess of Legislature.
240.
Power of President to make regulations for certain Union territories.
241.
High Courts for Union territories.
[242.
Coorg.*Omitted.*]
PART IX
## The Panchayats
243.
Definitions.
## Articles
| 243A. | Gram Sabha. |
|--------------------------------------------------------|----------------------------------------------------------|
| 243B. | Constitution of Panchayats. |
| 243C. | Composition of Panchayats. |
| 243D. | Reservation of seats. |
| 243E. | Duration of Panchayats, etc. |
| 243F. | Disqualifications for membership. |
| 243G. | Powers, authority and responsibilities of Panchayats. |
| 243H. | Powers to impose taxes by, and Funds of, the Panchayats. |
| 243-I. | |
| Constitution of Finance Commission to review financial | |
| position. | |
| 243J. | Audit of accounts of Panchayats. |
| 243K. | Elections to the Panchayats. |
| 243L. | Application to Union territories. |
243M.
Part not to apply to certain areas.
243N.
Continuance of existing laws and Panchayats.
243-O.
Bar to interference by courts in electoral matters.
PART IXA
## The Municipalities
| 243P. | Definitions. |
|----------|----------------------------------------------------------------|
| 243Q. | Constitution of Municipalities. |
| 243R. | Composition of Municipalities. |
| 243S. | Constitution and composition of Wards Committees, etc. |
| 243T. | Reservation of seats. |
| 243U. | Duration of Municipalities, etc. |
| 243V. | Disqualifications for membership. |
| 243W. | Powers, authority and responsibilities of Municipalities, etc. |
| 243X. | Power to impose taxes by, and Funds of, the Municipalities. |
| 243Y. | Finance Commission. |
ARTICLES
243Z.
Audit of accounts of Municipalities.
243ZA.
Elections to the Municipalities.
243ZB.
Application to Union territories.
243ZC.
Part not to apply to certain areas.
243ZD.
Committee for district planning.
243ZE.
Committee for Metropolitan planning.
243ZF.
Continuance of existing laws and Municipalities.
243ZG.
Bar to interference by courts in electoral matters.
## Part Ixb The Co-Operative Societies
243ZH.
Definitions.
243Z-I.
Incorporation of co-operative societies.
243ZJ.
Number and term of members of board and its office bearers.
243ZK.
Election of members of board.
243ZL.
Supersession and suspension of board and interim management.
243ZM.
Audit of accounts of co-operative societies.
243ZN.
Convening of general body meetings.
243Z-O.
Right of a member to get information.
243ZP.
Returns.
243ZQ.
Offences and penalties.
243ZR.
Application to multi-State co-operative societies.
243ZS.
Application to Union territories.
243ZT.
Continuance of existing laws.
## **Part X** The Scheduled And Tribal Areas
244.
Administration of Scheduled Areas and Tribal Areas.
244A.
Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.
## Part Xi Relations Between The Union And The States Chapter I.Legislative Relations Distribution Of Legislative Powers
245.
Extent of laws made by Parliament and by the Legislatures of States.
246.
Subject-matter of laws made by Parliament and by the Legislatures of States.
246A.
Special provision with respect to goods and services tax.
247.
Power of Parliament to provide for the establishment of certain additional courts.
248.
Residuary powers of legislation.
249.
Power of Parliament to legislate with respect to a matter in the State List in the national interest.
250.
Power of Parliament to legislate with respect to any matter in the
State List if a Proclamation of Emergency is in operation.
251.
Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.
252.
Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.
253.
Legislation for giving effect to international agreements.
254.
Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
255.
Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.
## Chapter Ii. Administrative Relations General
256.
Obligation of States and the Union.
257.
Control of the Union over States in certain cases.
[257A.
Assistance to States by deployment of armed forces or other
forces of the Union.*Omitted.*]
258.
Power of the Union to confer powers, etc., on States in certain cases.
## Articles
258A.
Power of the States to entrust functions to the Union.
[259.
Armed
Forces
in
States
in
Part
B
of
the
First
Schedule.*Omitted.*]
260.
Jurisdiction of the Union in relation to territories outside India.
261.
Public acts, records and judicial proceedings.
Disputes relating to Waters
262.
Adjudication of disputes relating to waters of inter-State rivers
or river valleys.
Co-ordination between States
263.
Provisions with respect to an inter-State Council.
## Part Xii Finance, Property, Contracts And Suits Chapter I.Finance General
264.
Interpretation.
265.
Taxes not to be imposed save by authority of law.
266.
Consolidated Funds and public accounts of India and of the
States.
267.
Contingency Fund.
Distribution of Revenues between the Union and the States
268.
Duties levied by the Union but collected and appropriated by the
States.
[268A.
Service tax levied by Union and collected by the Union and the
States.*Omitted.]*
269.
Taxes levied and collected by the Union but assigned to the
States.
269A.
Levy and collection of goods and services tax in course of inter-
State trade or commerce.
270.
Taxes levied and distributed between the Union and the States.
271.
Surcharge on certain duties and taxes for purposes of the Union.
[272.
Taxes which are levied and collected by the Union and may be
distributed between the Union and the States.*Omitted.*]
273.
Grants in lieu of export duty on jute and jute products.
274.
Prior recommendation of President required to Bills affecting taxation in which States are interested.
## Articles
275.
Grants from the Union to certain States.
276.
Taxes on professions, trades, callings and employments.
277.
Savings.
[278.
Agreement with States in Part B of the First Schedule with
regard to certain financial matters.*Omitted.*]
279.
Calculation of "net proceeds", etc.
279A.
Goods and Services Tax Council.
280.
Finance Commission.
281.
Recommendations of the Finance Commission.
## Miscellaneous Financial Provisions
282.
Expenditure defrayable by the Union or a State out of its revenues.
283.
Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.
284.
Custody of suitors' deposits and other moneys received by public servants and courts.
285.
Exemption of property of the Union from State taxation.
286.
Restrictions as to imposition of tax on the sale or purchase of goods.
287.
Exemption from taxes on electricity.
288.
Exemption from taxation by States in respect of water or electricity in certain cases.
289.
Exemption of property and income of a State from Union taxation.
290.
Adjustment in respect of certain expenses and pensions.
290A.
Annual payment to certain Devaswom Funds.
[291.
Privy purse sums of Rulers.*Omitted*.]
## Chapter Ii. Borrowing
292.
Borrowing by the Government of India.
293.
Borrowing by States.
## Articles Chapter Iii. Property, Contracts, Rights, Liabilities, Obligations And Suits
294.
Succession to property, assets, rights, liabilities and obligations in certain cases.
295.
Succession to property, assets, rights, liabilities and obligations
in other cases.
296.
Property accruing by escheat or lapse or as *bona vacantia.*
297.
Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.
298.
Power to carry on trade, etc.
299.
Contracts.
300.
Suits and proceedings.
## Chapter Iv. Right To Property
300A.
Persons not to be deprived of property save by authority of law.
## Part Xiii Trade, Commerce And Intercourse Within The Territory Of India
301.
Freedom of trade, commerce and intercourse.
302.
Power of Parliament to impose restrictions on trade, commerce and intercourse.
303.
Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.
304.
Restrictions on trade, commerce and intercourse among States.
305.
Saving of existing laws and laws providing for State monopolies.
[306.
Power of certain States in Part B of the First Schedule to
impose restrictions on trade and commerce.*Omitted*]
307.
Appointment of authority for carrying out the purposes of
articles 301 to 304.
## Part Xiv Services Under The Union And The States Chapter I. Services
308.
Interpretation.
## Articles
309.
Recruitment and conditions of service of persons serving the
Union or a State.
310.
Tenure of office of persons serving the Union or a State.
311.
Dismissal, removal or reduction in rank of persons employed in
civil capacities under the Union or a State.
312.
All-India services.
312A.
Power of Parliament to vary or revoke conditions of service of
officers of certain services.
313.
Transitional provisions.
[314.
Provision for protection of existing officers of certain services.
Omitted.]
## Chapter Ii.—Public Service Commissions
315.
Public Service Commissions for the Union and for the States.
316.
Appointment and term of office of members.
317.
Removal and suspension of a member of a Public Service
Commission.
318.
Power to make regulations as to conditions of service of
members and staff of the Commission.
319.
Prohibition as to the holding of offices by members of
Commission on ceasing to be such members.
320.
Functions of Public Service Commissions.
321.
Power to extend functions of Public Service Commissions.
322.
Expenses of Public Service Commissions.
323.
Reports of Public Service Commissions.
## Part Xiva Tribunals
323A.
Administrative tribunals.
323B.
Tribunals for other matters.
## Articles Part Xv Elections
324.
Superintendence, direction and control of elections to be vested
in an Election Commission.
325.
No person to be ineligible for inclusion in, or to claim to be
included in a special, electoral roll on grounds of religion, race, caste or sex.
326.
Elections to the House of the People and to the Legislative
Assemblies of States to be on the basis of adult suffrage.
327.
Power of Parliament to make provision with respect to elections
to Legislatures.
328.
Power of Legislature of a State to make provision with respect to
elections to such Legislature.
329.
Bar to interference by courts in electoral matters.
[329A.
Special provision as to elections to Parliament in the case of
Prime Minister and Speaker.*Omitted.*]
## Part Xvi Special Provisions Relating To Certain Classes
330.
Reservation of seats for Scheduled Castes and Scheduled Tribes
in the House of the People.
331.
Representation of the Anglo-Indian community in the House of
the People.
332.
Reservation of seats for Scheduled Castes and Scheduled Tribes
in the Legislative Assemblies of the States.
333.
Representation of the Anglo-Indian community in the
Legislative Assemblies of the States.
334.
Reservation of seats and special representation to cease after
certain period.
335.
Claims of Scheduled Castes and Scheduled Tribes to services
and posts.
336.
Special provision for Anglo-Indian community in certain
services.
337.
Special provision with respect to educational grants for the
benefit of Anglo-Indian Community.
ARTICLES
338.
National Commission for Scheduled Castes.
338A.
National Commission for Scheduled Tribes.
338B.
National Commission for Backward Classes.
339.
Control of the Union over the administration of Scheduled Areas
and the welfare of Scheduled Tribes.
340.
Appointment of a Commission to investigate the conditions of
backward classes.
341.
Scheduled Castes.
342.
Scheduled Tribes.
342A.
Socially and educationally backward classes.
## Part Xvii Official Language Chapter I.—Language Of The Union
343.
Official language of the Union.
344.
Commission and Committee of Parliament on official language.
## Chapter Ii. Regional Languages
345.
Official language or languages of a State.
346.
Official language for communication between one State and
another or between a State and the Union.
347.
Special provision relating to language spoken by a section of the
population of a State.
## Chapter Iii.Language Of The Supreme Court, High Courts, Etc.
348.
Language to be used in the Supreme Court and in the High
Courts and for Acts, Bills, etc.
349.
Special procedure for enactment of certain laws relating to language.
## Chapter Iv.Special Directives
350.
Language to be used in representations for redress of grievances.
350A.
Facilities for instruction in mother-tongue at primary stage.
ARTICLES
350B.
Special Officer for linguistic minorities.
351.
Directive for development of the Hindi language.
## Part Xviii Emergency Provisions
352.
Proclamation of Emergency.
353.
Effect of Proclamation of Emergency.
354.
Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.
355.
Duty of the Union to protect States against external aggression and internal disturbance.
356.
Provisions in case of failure of constitutional machinery in States.
357.
Exercise of legislative powers under Proclamation issued under article 356.
358.
Suspension of provisions of article 19 during emergencies.
359.
Suspension of the enforcement of the rights conferred by Part III
during emergencies.
[359A.
Application of this Part to the State of Punjab.*Omitted.*]
360.
Provisions as to financial emergency.
## Part Xix Miscellaneous
361.
Protection of President and Governors and Rajpramukhs.
361A.
Protection of publication of proceedings of Parliament and State Legislatures.
361B.
Disqualification for appointment on remunerative political post.
[362.
Rights and privileges of Rulers of Indian States.*Omitted.*]
363.
Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
363A.
Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.
364.
Special provisions as to major ports and aerodromes.
365.
Effect of failure to comply with, or to give effect to, directions given by the Union.
## Articles
366.
Definitions.
367.
Interpretation.
## Part Xx Amendment Of The Constitution
368.
Power of Parliament to amend the Constitution and procedure therefor.
## Part Xxi Temporary, Transitional And Special Provisions
369.
Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.
370.
Temporary provisions with respect to the State of Jammu and Kashmir.
371.
Special provision with respect to the States of Maharashtra and Gujarat.
371A.
Special provision with respect to the State of Nagaland.
371B .
Special provision with respect to the State of Assam.
371C.
Special provision with respect to the State of Manipur.
371D.
Special provisions with respect to the State of Andhra Pradesh or the State of Telangana.
371E.
Establishment of Central University in Andhra Pradesh.
371F.
Special provisions with respect to the State of Sikkim.
371G.
Special provision with respect to the State of Mizoram.
371H.
Special provision with respect to the State of Arunachal Pradesh.
371-I.
Special provision with respect to the State of Goa.
371J.
Special provisions with respect to the State of Karnataka.
372.
Continuance in force of existing laws and their adaptation.
372A.
Power of the President to adapt laws.
373.
Power of President to make order in respect of persons under
preventive detention in certain cases.
374.
Provisions as to Judges of the Federal Court and proceedings
pending in the Federal Court or before His Majesty in Council.
## Articles
375.
Courts, authorities and officers to continue to function subject to
the provisions of the Constitution.
376.
Provisions as to Judges of High Courts.
377.
Provisions as to Comptroller and Auditor-General of India.
378.
Provisions as to Public Service Commissions.
378A.
Special provision as to duration of Andhra Pradesh Legislative Assembly.
[379.
Provisions as to provisional Parliament and the Speaker and
Deputy Speaker thereof.*Omitted.*]
[380.
Provision as to President. *Omitted.*]
[381.
Council of Ministers of the President.*Omitted.*]
[382.
Provisions as to provisional Legislatures for States in Part A of the First Schedule. *-- Omitted.*]
[383.
Provision as to Governors of Provinces. *-- Omitted.*]
[384.
Council of Ministers of the Governors.*Omitted.*]
[385.
Provision as to provisional Legislatures in States in Part B of the
First Schedule.*Omitted.*]
[386.
Council of Ministers for States in Part B of the First Schedule. - - Omitted.]
[387.
Special provision as to determination of population for the
purposes of certain elections.*Omitted.*]
[388.
Provisions as to the filling of casual vacancies in the provisional
Parliament and provisional Legislatures of the States.
Omitted.]
[389.
Provision as to Bills pending in the Dominion Legislatures and
in the Legislatures of Provinces and Indian States.*Omitted.*]
[390.
Money received or raised or expenditure incurred between the commencement of the Constitution and the 31st day of March,
1950. *Omitted.*]
## Articles
[391.
Power of the President to amend the First and Fourth Schedules
in certain contingencies.*Omitted.*]
392.
Power of the President to remove difficulties.
## Part Xxii Short Title, Commencement, Authoritative Text In Hindi And Repeals
393.
Short title.
394.
Commencement.
394A.
Authoritative text in the Hindi language.
395.
Repeals.
## Schedules First Schedule
I. —The States. II. —The Union territories.
## Second Schedule
PART A—Provisions as to the President and the Governors of States. PART B— [Omitted.]
PART C—Provisions as to the Speaker and the Deputy Speaker of the
House of the People and the Chairman and the Deputy
Chairman of the Council of States and the Speaker and
the Deputy Speaker of the Legislative Assembly and the
Chairman and the Deputy Chairman of the Legislative
Council of a State.
PART D— Provisions as to the Judges of the Supreme Court and of the High Courts. PART E— Provisions as to the Comptroller and Auditor-General of India.
THIRD SCHEDULE— Forms of Oaths or Affirmations. FOURTH SCHEDULE—Allocation of seats in the Council of States.
## Articles
FIFTH SCHEDULE—
Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes
PART A—General.
PART B—Administration and Control of Scheduled Areas and Scheduled Tribes. PART C— Scheduled Areas. PART D—Amendment of the Schedule.
SIXTH SCHEDULE—
Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.
SEVENTH SCHEDULE—
List I - Union List. List II— State List. List III— Concurrent List.
EIGHTH SCHEDULE— Languages.
NINTH SCHEDULE—Validation of certain Acts and Regulations. TENTH SCHEDULE— Provisions as to disqualification on ground of defection. ELEVENTH SCHEDULE— Powers, authority and responsibilities of Panchayats. TWELFTH SCHEDULE— Powers, authority and responsibilities of Municipalities, etc.
## Appendices
APPENDIX I.—The Constitution (One Hundredth Amendment) Act, 2015. APPENDIX II.—The Constitution (Application to Jammu and Kashmir) Order, 2019. APPENDIX III.— Declaration under article 370(3) of the Constitution.
## The Constitution Of India Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
1[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC
REPUBLIC] and to secure to all its citizens:
JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the 2[unity
and integrity of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
______________________________________________
## Part I The Union And Its Territory
1. Name and territory of the Union.—(1) India, that is Bharat, shall be a Union of States.
1[(2) The States and the territories thereof shall be as specified in the First Schedule.]
(3) The territory of India shall comprise—
(a) the territories of the States;
2[(b) the Union territories specified in the First Schedule;
and]
(c) such other territories as may be acquired.
2. Admission or establishment of new States.—Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
3[2A. [*Sikkim to be associated with the Union.*].—Omitted by the Constitution (Thirty-sixth Amendment) *Act,* 1975, s. 5 (*w.e.f.* 26-4-1975).]
3. Formation of new States and alteration of areas, boundaries or names of existing States.—Parliament may by law—
(a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
(b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State:
1[Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the
______________________________________________
## (Part I.—Union And Its Territory)
President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States 2***, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.]
3[*Explanation I.*—In this article, in clauses (a) to (e), "State"
includes a Union territory, but in the proviso, "State" does not include a Union territory.
Explanation II.—The power conferred on Parliament by clause
(a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.]
4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.—(1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.
##
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
3. Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2 (w.e.f. 27-8-1966).
## Part Ii Citizenship
5. Citizenship at the commencement of the Constitution.—At the commencement of this Constitution, every person who has his domicile in the territory of India and—
(a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement,
shall be a citizen of India.
6. Rights of citizenship of certain persons who have migrated to India from Pakistan.—Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if—
(a) he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and
(b)(i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or
(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.
**7. Rights of citizenship of certain migrants to Pakistan**.—
Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:
## (Part Ii.—Citizenship)
Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.
8. Rights of citizenship of certain persons of Indian origin residing outside India.—Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.
9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.— No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.
10. Continuance of the rights of citizenship.—Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
11. Parliament to regulate the right of citizenship by law.—Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
## Part Iii Fundamental Rights General
12. Definition.—In this Part, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
13. Laws inconsistent with or in derogation of the fundamental rights.—(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
(3) In this article, unless the context otherwise requires,—
(a) "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
(b) "laws in force" includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
1[(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.]
## Right To Equality
14. Equality before law.—The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—
______________________________________________
1. Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 2 (w.e.f. 5-11-1971).
## (Part Iii.—Fundamental Rights)
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
1[(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.]
2[(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19
shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.]
3[(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,—
(a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and
(b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.
______________________________________________
## (Part Iii.—Fundamental Rights)
Explanation.—For the purposes of this article and article 16,
"economically weaker sections" shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.]
## 16. Equality Of Opportunity In Matters Of Public Employment.—(1)
There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office 1[under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
2[(4A) Nothing in this article shall prevent the State from making any provision for reservation 3[in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.]
4[(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.]
______________________________________________
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "under
any State specified in the First Schedule or any local or other authority within its territory, any requirement as to residence within that State" (w.e.f. 1-11-1956).
2. Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2 (w.e.f. 17-6-1995).
3. Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, s. 2, for certain words
(retrospectively w.e.f. 17-6-1995).
4. Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s. 2 (w.e.f. 9-6-2000).
## (Part Iii.—Fundamental Rights)
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
1[(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category.]
17. Abolition of Untouchability.—"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.
18. Abolition of titles.—(1) No title, not being a military or academic distinction, shall be conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.
(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.
## Right To Freedom 19. Protection Of Certain Rights Regarding Freedom Of Speech, Etc.—
(1) All citizens shall have the right—
(a) to freedom of speech and expression; (b) to assemble peaceably and without arms;
(c) to form associations or unions 2[or co-operative societies];
(d) to move freely throughout the territory of India;
______________________________________________
## (Part Iii.—Fundamental Rights)
(e) to reside and settle in any part of the territory of India; 1[and] 2[(f)* * * * *]
(g) to practise any profession, or to carry on any occupation, trade or business.
3[(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of 4[the sovereignty and integrity of India], the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.]
(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of 4[the sovereignty and integrity of India or]
public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of 4[the sovereignty and integrity of India or]
public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
(5) Nothing in 5[sub-clauses (d) and (e)] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.
(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular,
1[nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,—
(i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or
(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.] 20. Protection in respect of conviction for offences.—(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.
21. Protection of life and personal liberty.—No person shall be deprived of his life or personal liberty except according to procedure established by law.
2**[21A. Right to education.**—The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.]
22. Protection against arrest and detention in certain cases.—(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
## ______________________________________________ (Part Iii.—Fundamental Rights)
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply—
(a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless—
(a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:
______________________________________________
"(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than two months unless an Advisory Board constituted in accordance with the recommendations of the Chief Justice of the appropriate High Court has reported before the expiration of the said period of two months that there is in its opinion sufficient cause for such detention:
Provided that an Advisory Board shall consist of a Chairman and not less than two other members, and the Chairman shall be a serving Judge of the appropriate High Court and the other members shall be serving or retired Judges of any High Court :
Provided further that nothing in this clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of clause (7).
Explanation.—In this clause, "appropriate High Court" means,—
(i) in the case of the detention of a person in pursuance of an order of detention made by the Government of India or an officer or authority subordinate to that Government, the High Court for the Union territory of Dehli;
(ii) in the case of the detention of a person in pursuance of an order of detention
made by the Government of any State (other than a Union territory), the High Court for that State; and
(iii) in the case of the detention of a person in pursuance of an order of detention
made by the administrator of a Union territory or an officer or authority subordinate to such administrator, such High Court as may be specified by or under any law made by Parliament in this behalf.".
## (Part Iii.—Fundamental Rights)
Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or
(b) such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7). (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.
(6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.
(7) Parliament may by law prescribe—
(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of subclause (a) of clause (4);
(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).
be notified).
"sub-clause (a) of clause (4)" shall stand substituted as "clause (4)" by s. 3(b)(iii),
ibid. (date yet to be notified).
## Right Against Exploitation
23. **Prohibition of traffic in human beings and forced labour.**—(1)
Traffic in human beings and *begar* and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.
24. Prohibition of employment of children in factories, etc.—No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
## Right To Freedom Of Religion
25. Freedom of conscience and free profession, practice and propagation of religion.—(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. Explanation I.—The wearing and carrying of *kirpans* shall be deemed to be included in the profession of the Sikh religion.
Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
26. Freedom to manage religious affairs.—Subject to public order, morality and health, every religious denomination or any section thereof shall have the right—
(a) to establish and maintain institutions for religious and charitable purposes;
## (Part Iii.—Fundamental Rights)
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.
27. Freedom as to payment of taxes for promotion of any particular religion.—No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.—(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.
(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.
## Cultural And Educational Rights
29. Protection of interests of minorities.—(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
30. Right of minorities to establish and administer educational institutions.—(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
## (Part Iii.—Fundamental Rights)
1[(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.]
(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
2*
*
*
*
31. [Compulsory acquisition of property.].—Omitted by the Constitution
(Forty-fourth Amendment) *Act,* 1978, s. 6 (*w.e.f.* 20-6-1979).
## 3*[Saving Of Certain Laws]* 4**[31A. Saving Of Laws Providing For Acquisition Of Estates, Etc**.—
5[(1) Notwithstanding anything contained in article 13, no law providing for—
(a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or
(b) the taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or
(c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or
(d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or
## ______________________________________________ (Part Iii.—Fundamental Rights)
(e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by 1[article 14 or article 19]:
Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent:]
2[Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.]
(2) In this article,—
3[(a) the expression "estate" shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include—
(i) any jagir, inam or *muafi* or other similar grant and in the States of 4[Tamil Nadu] and Kerala, any *janmam* right;
(ii) any land held under ryotwari settlement; (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;]
______________________________________________
## (Part Iii.—Fundamental Rights)
(b) the expression "rights", in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenureholder, 1[*raiyat, under-raiyat]* or other intermediary and any rights or privileges in respect of land revenue.]
2**[31B. Validation of certain Acts and Regulations.**—Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or Tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.]
3**[31C. Saving of laws giving effect to certain directive principles**.—
Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing 4[all or any of the principles laid down in Part IV] shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by 5[article 14 or article 19;]
6[and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy]:
Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.]
731D. [Saving of laws in respect of anti-national activities.].—Omitted
by the Constitution (Forty-third Amendment) *Act,*1977, s. 2 (*w.e.f.*13-4-1978).
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3. Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s. 3 (w.e.f. 20-4-1972). 4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for "the principles
specified in clause (b) or clause (c) of article 39" (w.e.f. 3-1-1977). Section 4 has been declared invalid by the Supreme Court in Minerva Mills Ltd. and Others Vs Union of India and Others, AIR 1980 SC 1789.
5. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 8, for "article 14, article
19 or article 31" (w.e.f. 20-6-1979).
6. The words in italics struck down by the Supreme Court in Kesavananda Bharati vs. State of
Kerala, AIR 1973, SC 1461.
## (Part Iii.—Fundamental Rights) Right To Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part.—(1)
The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of *habeas corpus, mandamus,* prohibition, quo warranto and *certiorari,* whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
132A. [Constitutional validity of State laws not to be considered in proceedings under article 32.].—Omitted by the Constitution (Forty-third Amendment) *Act,* 1977, s. 3 (*w.e.f.* 13-4-1978).
2[33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.—Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,—
(a) the members of the Armed Forces; or (b) the members of the Forces charged with the maintenance of public order; or
(c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or
(d) person employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.]
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## (Part Iii.—Fundamental Rights)
34. Restriction on rights conferred by this Part while martial law is in force in any area.—Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.
35. Legislation to give effect to the provisions of this Part.—
Notwithstanding anything in this Constitution,—
(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws—
(i) with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and
(ii) for prescribing punishment for those acts which are declared to be offences under this Part,
and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii);
(b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament. Explanation.—In this article, the expression "law in force'' has the same meaning as in article 372.
## Part Iv Directive Principles Of State Policy
36. Definition.—In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III.
37. Application of the principles contained in this Part.—The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
38. State to secure a social order for the promotion of welfare of the people.—1[(1)] The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
2[(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.]
39. Certain principles of policy to be followed by the State.—The State shall, in particular, direct its policy towards securing—
(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
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## (Part Iv.— Directive Principles Of State Policy)
1[(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.]
2**[39A. Equal justice and free legal aid.**—The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.]
40. Organisation of village panchayats.—The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
41. Right to work, to education and to public assistance in certain cases.—The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.
42. Provision for just and humane conditions of work and maternity relief.—The State shall make provision for securing just and humane conditions of work and for maternity relief.
43. Living wage, etc., for workers.—The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
3[43A. **Participation of workers in management of industries**.—The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.]
## ______________________________________________ (Part Iv.— Directive Principles Of State Policy)
1[43B. **Promotion of co-operative societies**.—The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.]
44. **Uniform civil code for the citizens**.—The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
2[45. Provision for early childhood care and education to children below the age of six years.—The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.]
46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.—The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.—The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
48. Organisation of agriculture and animal husbandry.—The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
3[48A.
Protection and improvement of environment and safeguarding of forests and wild life.—The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.]
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## (Part Iv.— Directive Principles Of State Policy)
49. Protection of monuments and places and objects of national importance.—It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, 1[declared by or under law made by Parliament] to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
50. Separation of judiciary from executive.—The State shall take steps to separate the judiciary from the executive in the public services of the State.
51. Promotion of international peace and security.—The State shall endeavour to—
(a) promote international peace and security; (b) maintain just and honourable relations between nations; (c) foster respect for international law and treaty obligations in the
dealings of organised peoples with one another; and
(d) encourage settlement of international disputes by arbitration.
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## 1[**Part Iva** Fundamental Duties
51A. Fundamental duties.—It shall be the duty of every citizen of India—
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; ]
2[(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.]
## ______________________________________________ Part V The Union Chapter I.—The Executive
The President and Vice-President
52. The President of India.—There shall be a President of India. 53. Executive power of the Union.—(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.
(3) Nothing in this article shall—
(a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on authorities other than the President. 54. Election of President.—The President shall be elected by the members of an electoral college consisting of—
(a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States.
1[*Explanation.—*In this article and in article 55, "State" includes the National Capital Territory of Delhi and the Union territory of *Pondicherry.]
55. Manner of election of President.—(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.
(2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:—
(a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly;
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(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one;
(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded. (3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.
1[*Explanation.—*In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this *Explanation* to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2[2026] have been published, be construed as a reference to the 1971 census.]
56. Term of office of President.—(1) The President shall hold office for a term of five years from the date on which he enters upon his office:
Provided that—
(a) the President may, by writing under his hand addressed to the Vice-President, resign his office;
(b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61;
(c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.
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2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 2, for "2000"
(w.e.f. 21-2-2002).
57. Eligibility for re-election.—A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.
58. Qualifications for election as President.—(1) No person shall be eligible for election as President unless he—
(a) is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People.
(2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
Explanation.—For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor 1*** of any State or is a Minister either for the Union or for any State.
59. Conditions of President's office.—(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
(2) The President shall not hold any other office of profit. (3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
(4) The emoluments and allowances of the President shall not be diminished during his term of office.
60. Oath or affirmation by the President.—Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say—
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(Part V.—The Union)
"I, A.B., do swear in the name of God that I will faithfully execute the office solemnly affirm of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that
I will devote myself to the service and well-being of the people of India.".
61. Procedure for impeachment of the President.—(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
(2) No such charge shall be preferred unless—
(a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and
(b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.
(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.
62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy.—(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.
(2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.
63. The Vice-President of India.—There shall be a Vice-President of India. 64. The Vice-President to be *ex officio* Chairman of the Council of States.—The Vice-President shall be *ex officio* Chairman of the Council of the States and shall not hold any other office of profit:
Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.
65. The Vice-President to act as President or to discharge his
functions during casual vacancies in the office, or during the absence, of President.—(1) In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.
(2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.
(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
66. Election of Vice-President.—(1) The Vice-President shall be elected by the 1[members of an electoral college consisting of the members of both Houses of Parliament] in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.
(2) The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.
(3) No person shall be eligible for election as Vice-President unless he—
(a) is a citizen of India; (b) has completed the age of thirty-five years; and
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1. Subs. by the Constitution (Eleventh Amendment) Act, 1961, s. 2, for "members of both Houses of Parliament assembled at a joint meeting" (w.e.f. 19-12-1961).
(c) is qualified for election as a member of the Council of States.
(4) A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
Explanation.—For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor 1*** of any State or is a Minister either for the Union or for any State.
67. Term of office of Vice-President.—The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:
Provided that—
(a) a Vice-President may, by writing under his hand addressed to the President, resign his office;
(b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution;
(c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 68. Time of holding election to fill vacancy in the office of Vice-
President and the term of office of person elected to fill casual vacancy.— (1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term.
(2) An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office.
69. Oath or affirmation by the Vice-President.—Every Vice-
President shall, before entering upon his office, make and subscribe before the
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President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say—
"I, A.B., do swear in the name of God that I will bear true faith and solemnly affirm
allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.".
70. Discharge of President's functions in other contingencies.—
Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.
1[71. Matters relating to, or connected with, the election of a President or Vice-President.—(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final.
(2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.
(4) The election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.]
72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.—(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—
(a) in all cases where the punishment or sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence
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against any law relating to a matter to which the executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor 1***
of a State under any law for the time being in force.
73. Extent of executive power of the Union.—(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend—
(a) to the matters with respect to which Parliament has power to make laws; and
(b) to the exercise of such rights, authority and jurisdiction as are
exercisable by the Government of India by virtue of any treaty or agreement: Provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State 2*** to matters with respect to which the Legislature of the State has also power to make laws.
(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.
## ______________________________________________ (Part V.—The Union) Council Of Ministers
74. Council of Ministers to aid and advise President.—1[(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:]
2[Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.]
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
75. Other provisions as to Ministers.—(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
3[(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People.
(1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.]
(2) The Ministers shall hold office during the pleasure of the President. (3) The Council of Ministers shall be collectively responsible to the House of the People.
(4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
3. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 2 (w.e.f. 1-1-2004).
(5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.
(6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule.
## The Attorney-General For India
76. Attorney-General for India.—(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.
(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
(3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.
(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.
## Conduct Of Government Business
77. Conduct of business of the Government of India.—(1) All executive action of the Government of India shall be expressed to be taken in the name of the President.
(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules1 to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.
(3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
2(4) *
*
*
*
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78. Duties of Prime Minister as respects the furnishing of information to the President, etc.—It shall be the duty of the Prime Minister—
(a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and
(c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
## Chapter Ii.—Parliament General
**79. Constitution of Parliament.**—There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People.
80. Composition of the Council of States.—(1) 1[2*** The Council of States] shall consist of—
(a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and
(b) not more than two hundred and thirty-eight representatives of the States 3[and of the Union territories].
(2) The allocation of seats in the Council of States to be filled by representatives of the States 3[and of the Union territories] shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.
(3) The members to be nominated by the President under sub-clause (a)
of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:—
Literature, science, art and social service.
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(4) The representatives of each State 1*** in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.
(5) The representatives of the 2[Union territories] in the Council of States shall be chosen in such manner as Parliament may by law prescribe.
3[**81. Composition of the House of the People**.—(1) 4[Subject to the provisions of article 331 5***], the House of the People shall consist of—
(a) not more than 6[five hundred and thirty members] chosen by direct election from territorial constituencies in the States, and
(b) not more than 7[twenty members] to represent the Union territories, chosen in such manner as Parliament may by law provide.
(2) For the purposes of sub-clause (a) of clause (1),—
(a) there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States; and
(b) each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State:
8[Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions.]
(3) In this article, the expression "population" means the population as
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4. Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 4, for "subject to the
provisions of article 331" (w.e.f. 1-3-1975).
5. The words and figure "and paragraph 4 of the Tenth Schedule" omitted by the
Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).
6. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for
"five hundred and twenty-five members" (w.e.f. 30-5-1987).
7. Subs. by the Constitution (Thirty-first Amendment) Act, 1973, s. 2, for "twenty-five
members" (w.e.f. 17-10-1973).
8. Ins. by s. 2, *ibid.* (w.e.f. 17-10-1973).
ascertained at the last preceding census of which the relevant figures have been published.
1[Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2[2026] have been published, 3[be construed,—
(i) for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and
(ii) for the purposes of sub-clause (b) of clause (2) as a reference to the 4[2001] census.]]
82. Readjustment after each census.—Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:
Provided that such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House:
5[Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken after the year 6[2026] have been published, it shall not be necessary to
7[readjust—
(i) the allocation of seats in the House of the People to the States as
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(w.e.f. 22-6-2003).
5. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 16 (w.e.f. 3-1-1977). 6. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 4, for "2000"
(w.e.f. 21-2-2002).
7. Subs. by s.4, *ibid*., for certain words (w.e.f. 21-2-2002).
readjusted on the basis of the 1971 census; and
(ii) the division of each State into territorial constituencies as may be readjusted on the basis of the 1[2001] census, under this article.]]
83. Duration of Houses of Parliament.—(1) The Council of States shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.
(2) The House of the People, unless sooner dissolved, shall continue for
2[five years] from the date appointed for its first meeting and no longer and the expiration of the said period of 2[five years] shall operate as a dissolution of the House:
Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
84. Qualification for membership of Parliament.—A person shall not be qualified to be chosen to fill a seat in Parliament unless he—
3[(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;]
(b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
1978, s. 13, for "six years" (w.e.f. 20-6-1979).
3. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 3, for cl.(a)
(w.e.f. 5-10-1963).
1[**85. Sessions of Parliament, prorogation and dissolution**.—(1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
(2) The President may from time to time—
(a) prorogue the Houses or either House; (b) dissolve the House of the People.]
86. Right of President to address and send messages to Houses.—(1)
The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members.
(2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.
87. Special address by the President.—(1) At the commencement of
2[the first session after each general election to the House of the People and at the commencement of the first session of each year] the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address 3***.
## 88. Rights Of Ministers And Attorney-General As Respects Houses.—
Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote.
3. The words "and for the precedence of such discussion over other business of the House"
omitted by s. 7, *ibid.* (w.e.f. 18-6-1951).
## (Part V.—The Union) Officers Of Parliament
89. The Chairman and Deputy Chairman of the Council of States.—(1)
The Vice- President of India shall be *ex officio* Chairman of the Council of States.
(2) The Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof.
90. Vacation and resignation of, and removal from, the office of Deputy Chairman.—A member holding office as Deputy Chairman of the Council of States—
(a) shall vacate his office if he ceases to be a member of the Council; (b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council:
Provided that no resolution for the purpose of clause *(c)* shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.
91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.—(1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose.
(2) During the absence of the Chairman from any sitting of the Council of States the Deputy Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.—(1) At any sitting of the Council of States, while any resolution for the removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 91 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman, or, as the case may be, the Deputy Chairman, is absent.
(Part V.—The Union)
(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Council of States while any resolution for the removal of the Vice-President from his office is under consideration in the Council, but, notwithstanding anything in article 100, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.
93. The Speaker and Deputy Speaker of the House of the People.—
The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be.
94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.— A member holding office as Speaker or Deputy Speaker of the House of the People—
(a) shall vacate his office if he ceases to be a member of the House of the People;
(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:
Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.
95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.—(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker.
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.—(1) At any sitting of the House of the People, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 95 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the People while any resolution for his removal from office is under consideration in the House and shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.
97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.—There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.
98. Secretariat of Parliament.—(1) Each House of Parliament shall have a separate secretarial staff:
Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament.
(2) Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament.
(3) Until provision is made by Parliament under clause (2), the President may, after consultation with the Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House of the People or the Council of States, and any rules so made shall have effect subject to the provisions of any law made under the said clause.
## (Part V.—The Union) Conduct Of Business
99. Oath or affirmation by members.—Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.—(1) Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as Chairman or Speaker.
The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.
(2) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.
1[(3) Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House.
(4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.]
## Disqualifications Of Members
101. Vacation of seats.— (1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.
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(2) No person shall be a member both of Parliament and of a House of the Legislature of a State 1***, and if a person is chosen a member both of Parliament and of a House of the Legislature of 2[a State], then, at the expiration of such period as may be specified in rules made by the President, that person's seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.
(3) If a member of either House of Parliament—
(a) becomes subject to any of the disqualifications mentioned in
3[clause (1) or clause (2) of article 102], or
4[(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,]
his seat shall thereupon become vacant:
5[Provided that in the case of any resignation referred to in sub-clause
(b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]
(4) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.
India, Extraordinary, P. 678. article 102" (w.e.f. 1-3-1985).
102. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament—
1[(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;]
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
2[*Explanation.—*For the purposes of this clause] a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.
3[(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.]
## 4**[103. Decision On Questions As To Disqualifications Of Members**.—
(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final.
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3. Ins. by s. 3, *ibid.* (w.e.f. 1-3-1985). 4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 20, for art. 103
(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 14, for art. 103 (w.e.f. 20-6-1979).
(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.]
104. Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.—If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.
Powers, Privileges and Immunities of Parliament and its Members
105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.—(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.
(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
1[(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, 2[shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.]].
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words (w.e.f. 20-6-1979).
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.
106. Salaries and allowances of members.—Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India.
## Legislative Procedure
107. Provisions as to introduction and passing of Bills.—(1) Subject to the provisions of articles 109 and 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament.
(2) Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.
(3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.
(4) A Bill pending in the Council of States which has not been passed by the House of the People shall not lapse on a dissolution of the House of the People.
(5) A Bill which is pending in the House of the People, or which having been passed by the House of the People is pending in the Council of States, shall, subject to the provisions of article 108, lapse on a dissolution of the House of the People.
108. Joint sitting of both Houses in certain cases.—(1) If after a Bill has been passed by one House and transmitted to the other House—
(a) the Bill is rejected by the other House; or (b) the Houses have finally disagreed as to the amendments to be made in the Bill; or
(c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it,
the President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:
Provided that nothing in this clause shall apply to a Money Bill.
(2) In reckoning any such period of six months as is referred to in clause
(1), no account shall be taken of any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned for more than four consecutive days.
(3) Where the President has under clause (1) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly.
(4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses:
Provided that at a joint sitting—
(a) if the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill;
(b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed;
and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.
(5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein.
## 109. Special Procedure In Respect Of Money Bills.—(1) A Money Bill
shall not be introduced in the Council of States.
(Part V.—The Union)
(2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its recommendations and the Council of States shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States.
(3) If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Council of States and accepted by the House of the People.
(4) If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States.
(5) If a Money Bill passed by the House of the People and transmitted to the Council of States for its recommendations is not returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People.
110. Definition of "Money Bills".—(1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:—
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;
(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of India; (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in subclauses (a) to (f). (2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under article 109, and when it is presented to the President for assent under article 111, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill.
111. Assent to Bills.—When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom:
Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom.
## Procedure In Financial Matters
112. Annual financial statement.—(1) The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the "annual financial statement''.
(2) The estimates of expenditure embodied in the annual financial statement shall show separately—
(a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of India; and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of India, and shall distinguish expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of India—
(a) the emoluments and allowances of the President and other expenditure relating to his office;
(b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People;
(c) debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;
(d) (i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court;
(ii) the pensions payable to or in respect of Judges of the Federal Court;
(iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercised jurisdiction in relation to any area included in
1[a Governor's Province of the Dominion of India];
(e) the salary, allowances and pension payable to or in respect of the Comptroller and Auditor-General of India;
(f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(g) any other expenditure declared by this Constitution or by Parliament by law to be so charged. 113. Procedure in Parliament with respect to estimates.—(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of those estimates.
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(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of the People, and the House of the People shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the President.
114. Appropriation Bills.—(1) As soon as may be after the grants under article 113 have been made by the House of the People, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of India of all moneys required to meet—
(a) the grants so made by the House of the People; and (b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount shown in the statement previously laid before Parliament. (2) No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.
(3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law passed in accordance with the provisions of this article.
115. Supplementary, additional or excess grants.—(1) The President shall—
(a) if the amount authorised by any law made in accordance with the provisions of article 114 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before both the Houses of Parliament another statement showing the estimated amount of that expenditure or cause to be presented to the House of the People a demand for such excess, as the case may be.
(2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or grant.
116. Votes
on
account,
votes
of
credit
and
exceptional
grants.—(1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have power—
(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 113 for the voting of such grant and the passing of the law in accordance with the provisions of article 114 in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the resources of India when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the current service of any financial year, and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of India for the purposes for which the said grants are made.
(2) The provisions of articles 113 and 114 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure.
117. Special provisions as to financial Bills.—(1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States:
Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.
(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill.
## Procedure Generally
118. Rules of procedure.—(1) Each House of Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure
and the conduct of its business.
(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.
(3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.
(4) At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under clause (3), shall preside.
119. Regulation by law of procedure in Parliament in relation to financial business.— Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of India, and, if and so far as any provision of any law so made is inconsistent with any rule made by a House of Parliament under clause (1) of article 118 or with any rule or standing order having effect in relation to Parliament under clause (2) of that article, such provision shall prevail.
## ______________________________________________ (Part V.—The Union)
120. Language to be used in Parliament.—(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in Parliament shall be transacted in Hindi or in English:
Provided that the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue.
(2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words "or in English" were omitted therefrom.
121. Restriction on discussion in Parliament.—No discussion shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided.
122. Courts not to inquire into proceedings of Parliament.—(1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.
(2) No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
## Chapter Iii.—Legislative Powers Of The President
123. Power of President to promulgate Ordinances during recess of Parliament.—(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance—
(a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
(b) may be withdrawn at any time by the President.
Explanation.—Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.
1(4)* * * * *
## Chapter Iv.—The Union Judiciary
124. Establishment and constitution of Supreme Court.—(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than [seven] other Judges.
(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal 2[on the recommendation of the National Judicial Appointments Commission referred to in article 124A] and shall hold office until he attains the age of sixty-five years:
3[*
*
* *
*]
4[Provided that]—
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a Judge may be removed from his office in the manner provided in clause (4).
5[(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.]
(3) A person shall not be qualified for appointment as a Judge of the
______________________________________________
1. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 (with retrospective effect) and
omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 16 (w.e.f. 20-6-1979).
Now "thirty-three" *vide* the Supreme Court (Number of Judges) Amendment Act, 2019 (37 of 2019),
s. 2 (w.e.f. 9-8-2019).
2. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 2, for "after consultation with
such of the Judges of the Supreme Court and of the High Court in the States as the President may deem necessary for the purpose" (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court in the case of Supreme Court Advocates-on-Record Association and another Vs. Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.
3. The first proviso was omitted by s. 2, *ibid.* (w.e.f.13-4-2015).The proviso was as under:—
"Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief
Justice of India shall always be consulted:". This amendment has been struck down by the Supreme Court in the case of Supreme Court Advocates-on-Record Association and another Vs. Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.
4. Subs. by s. 2, *ibid*. for "provided further that" (w.e.f.13-4-2015).This amendment has been struck
down by the Supreme Court in the Supreme Court Advocates-on-Record Association and another Vs Union of India judgment dated 16-10-2015, AIR 2016 SC 117.
5. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 2 (w.e.f. 5-10-1963).
Supreme Court unless he is a citizen of India and—
(a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
(b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
(c) is, in the opinion of the President, a distinguished jurist.
Explanation I.—In this clause "High Court'' means a High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.
Explanation II.—In computing for the purpose of this clause the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included.
(4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.
(5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4).
(6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
(7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.
1[**124A. National Judicial Appointments Commission**.—(1) There shall be a Commission to be known as the National Judicial Appointments Commission consisting of the following, namely:—
(a) the Chief Justice of India, Chairperson, *ex officio*; (b) two other senior Judges of the Supreme Court next to the Chief Justice of India––Members, *ex officio*;
## ______________________________________________ (Part V.—The Union)
(c) the Union Minister in charge of Law and Justice––Member, ex officio;
(d) two eminent persons to be nominated by the committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in the House of the People or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in the House of the People––Members:
Provided that one of the eminent person shall be nominated from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities or Women:
Provided further that an eminent person shall be nominated for a period of three years and shall not be eligible for renomination. (2) No act or proceedings of the National Judicial Appointments Commission shall be questioned or be invalidated merely on the ground of the existence of any vacancy or defect in the constitution of the Commission.
124B. **Functions of Commission.**––It shall be the duty of the National Judicial Appointments Commission to—
(a) recommend persons for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts;
(b) recommend transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court; and
(c) ensure that the person recommended is of ability and integrity.
124C. Power of Parliament to make law.––Parliament may, by law, regulate the procedure for the appointment of Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other Judges of High Courts and empower the Commission to lay down by regulations the procedure for the discharge of its functions, the manner of selection of persons for appointment and such other matters as may be considered necessary by it.]
125. Salaries, etc., of Judges.— 1[(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.]
(2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule:
Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.
## ______________________________________________ (Part V.—The Union)
126. Appointment of acting Chief Justice.—When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.
127. Appointment of *ad hoc* **Judges.**—(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, 1[the National Judicial Appointments Commission on a reference made to it by the Chief Justice of India, may with the previous consent of the President] and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an *ad hoc* Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.
(2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court.
128. Attendance of retired Judges at sittings of the Supreme
Court.—Notwithstanding anything in this Chapter, 2[the National Judicial Appointments Commission] may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court 3[or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court] to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court:
Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do.
## ______________________________________________ 1. Subs. By The Constitution (Ninety-Ninth Amendment) Act, 2014, S. 4, For "The Chief
Justice of India may, with the previous consent of the President" (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court in the case of Supreme Court Advocates-on-Record Association and another vs. Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.
2. Subs. by s. 5, *ibid.*, for "the Chief Justice of India" (w.e.f. 13-4-2015). This amendment
has been struck down by the Supreme Court in the case of Supreme Court Advocateson-Record Association and another Vs. Union of India in its judgment dated 16-10- 2015, AIR 2016 SC 117.
3. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s.3 (w.e.f. 5-10-1963).
129. Supreme Court to be a court of record.—The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
130. Seat of Supreme Court.—The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.
131. Original jurisdiction of the Supreme Court.—Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute—
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other States on the other; or
(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends:
1[Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, *sanad* or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.]
2[**131A**. Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws.].—Omitted by the Constitution (Forty-third Amendment) *Act,* 1977, s. 4 (*w.e.f.* 13-4-1978).
132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.—(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, 3[if the High Court certifies under article 134A] that the case involves a substantial question of law as to the interpretation of this Constitution.
4(2)* * * * *
(3) Where such a certificate is given, 2*** any party in the case may
______________________________________________
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 5, for the proviso
(w.e.f. 1-11-1956).
2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 23 (w.e.f. 1-2-1977). 3. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for "if the High
Court certifies" (w.e.f. 1-8-1979).
4. Cl. (2) omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for "if
the High Court certifies" (w.e.f. 1-8-1979).
appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided 1***.
Explanation.—For the purposes of this article, the expression "final order" includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.
133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters.—2[(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India 3[if the High Court certifies under article
134A—]
(a) that the case involves a substantial question of law of general importance; and
(b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.] (2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided.
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.
134. Appellate jurisdiction of Supreme Court in regard to criminal matters.—(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court—
(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
(c) 4[certifies under article 134A] that the case is a fit one for appeal to the Supreme Court: Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of article 145 and to such conditions as the High Court may establish or require.
______________________________________________
1. Certain words omitted by s. 17, *ibid.* (w.e.f. 1-8-1979).
(w.e.f. 27-2-1973).
Court certifies.—" (w.e.f. 1-8-1979).
(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law.
1**[134A. Certificate for appeal to the Supreme Court.**—Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,—
(a) may, if it deems fit so to do, on its own motion; and (b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case.]
135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.—Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law.
136. Special leave to appeal by the Supreme Court.—(1)
Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.
137. Review of judgments or orders by the Supreme Court.—Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.
138. Enlargement of the jurisdiction of the Supreme Court.—(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.
______________________________________________
(2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.
139. Conferment on the Supreme Court of powers to issue certain writs.—Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, *quo warranto* and *certiorari,* or any of them, for any purposes other than those mentioned in clause (2) of article 32.
1[**139A. Transfer of certain cases**.—2[(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:
Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.]
(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.]
140. Ancillary powers of Supreme Court.—Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.
141. Law declared by Supreme Court to be binding on all courts.—
The law declared by the Supreme Court shall be binding on all courts within the territory of India.
______________________________________________
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 24 (w.e.f. 1-2-1977).
142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.—(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order1 prescribe.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.
143. Power of President to consult Supreme Court.—(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.
(2) The President may, notwithstanding anything in 2*** the proviso to article 131, refer a dispute of the kind mentioned in the 3[said proviso] to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.
144. Civil and judicial authorities to act in aid of the Supreme Court.—All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.
4[**144A.** [Special provisions as to disposal of questions relating to constitutional validity of laws.].—Omitted by the Constitution (Forty-third Amendment) *Act,* 1977, s. 5 (*w.e.f.* 13-4-1978).]
145. Rules of Court, etc.—(1) Subject to the provisions of any law made by Parliament, the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court including—
(a) rules as to the persons practising before the Court; (b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the Court are to be entered;
## ______________________________________________ (Part V.—The Union)
(c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III;
1[(cc) rules as to the proceedings in the Court under 2[article
139A];]
(d) rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134;
(e) rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court for such review are to be entered;
(f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged in respect of proceedings therein;
(g) rules as to the granting of bail; (h) rules as to stay of proceedings; (i) rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay;
(j) rules as to the procedure for inquiries referred to in clause
(1) of article 317.
(2) Subject to the 3[provisions of 4*** clause (3)], rules made under this article may fix the minimum number of Judges who are to sit for any purpose, and may provide for the powers of single Judges and Division Courts.
(3) 5[4***The minimum number] of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under article 143 shall be five:
Provided that, where the Court hearing an appeal under any of the provisions of this Chapter other than article 132 consists of less than five Judges and in the course of the hearing of the appeal the Court is satisfied that
______________________________________________
of clause (3)" (w.e.f. 1-2-1977).
4. Certain words omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 6
(w.e.f. 13-4-1978).
5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for "The
minimum number" (w.e.f. 1-2-1977).
the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion.
(4) No judgment shall be delivered by the Supreme Court save in open Court, and no report shall be made under article 143 save in accordance with an opinion also delivered in open Court.
(5) No judgment and no such opinion shall be delivered by the Supreme Court save with the concurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion.
146. Officers and servants and the expenses of the Supreme Court.—
(1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct:
Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission.
(2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose:
Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.
(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund.
147. Interpretation.—In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial
(Part V.—The Union)
question of law as to the interpretation of the Government of India Act, 1935
(including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder.
## Chapter V.—Comptroller And Auditor-General Of India
148. Comptroller and Auditor-General of India.—(1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.
(2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
(3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule:
Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment.
(4) The Comptroller and Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office.
(5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor-General.
(6) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the Consolidated Fund of India.
149. Duties and powers of the Comptroller and Auditor-General.—
The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of
any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively.
1[**150. Form of accounts of the Union and of the States.**—The accounts of the Union and of the States shall be kept in such form as the President may, 2[on the advice of] the Comptroller and Auditor-General of India, prescribe.]
151. Audit reports.—(1) The reports of the Comptroller and Auditor-
General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament.
(2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor 3*** of the State, who shall cause them to be laid before the Legislature of the State.
## ______________________________________________ Part Vi The States 1*** Chapter I.—General
152. Definition.—In this Part, unless the context otherwise requires, the expression "State" 2[does not include the State of Jammu and Kashmir].
## Chapter Ii.—The Executive
The Governor
153. Governors of States.—There shall be a Governor for each State:
3[Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.]
154. Executive power of State.—(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
(2) Nothing in this article shall—
(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
(b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor. 155. Appointment of Governor.—The Governor of a State shall be appointed by the President by warrant under his hand and seal.
156. Term of office of Governor.—(1) The Governor shall hold office during the pleasure of the President.
(2) The Governor may, by writing under his hand addressed to the President, resign his office.
(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office:
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(Part VI.—The States)
Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
157. Qualifications for appointment as Governor.—No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.
158. Conditions of Governor's office.—(1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.
(2) The Governor shall not hold any other office of profit. (3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
1[(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.]
(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.
159. Oath or affirmation by the Governor.—Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, an oath or affirmation in the following form, that is to say—
"I, A. B., do swear in the name of God that I will faithfully execute the
solemnly affirm office of Governor (or discharge the functions of the Governor) of .........(*name of the State*) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of ..……(*name of the State*).".
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## (Part Vi.—The States)
160. Discharge of the functions of the Governor in certain contingencies.—The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.
161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.—The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
162. Extent of executive power of State.—Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:
Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof.
## Council Of Ministers
163. Council of Ministers to aid and advise Governor.—(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.
164. Other provisions as to Ministers.—(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor:
## (Part Vi.—The States)
Provided that in the States of 1[Chhattisgarh, Jharkhand], Madhya Pradesh and 2[Odisha] there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.
3[(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State:
Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve:
Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date 4 as the President may by public notification appoint.
(1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.]
(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
(3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
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1. Subs. by the Constitution (Ninety-fourth Amendment) Act, 2006, s. 2, for "Bihar"
(w.e.f. 12-6-2006).
2. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 4, for "Orissa"
(w.e.f. 1-11-2011).
3. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 3 (w.e.f. 1-1-2004). 4. 7-1-2004, *vide* notification number S.O. 21(E), dated 7-1-2004.
(Part VI.—The States)
(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.
## The Advocate-General For The State
165. Advocate-General for the State.—(1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.
(2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.
## Conduct Of Government Business
166. Conduct of Business of the Government of a State.—(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.
1(4)* * * * *
## ______________________________________________ (Part Vi.—The States)
167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.—It shall be the duty of the Chief Minister of each State—
(a) to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and
(c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
## Chapter Iii.—The State Legislature General
168. Constitution of Legislatures in States.—(1) For every State there shall be a Legislature which shall consist of the Governor, and—
(a) in the States of 1*** 2[Andhra Pradesh], Bihar, 3*** 4[Madhya Pradesh], 5*** 6[Maharashtra], 7[Karnataka], 8*** 9[10[Tamil Nadu, Telangana]] 11[and Uttar Pradesh], two Houses;
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2. Ins. by the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006), s. 3
(w.e.f. 30-3-2007).
3. The word "Bombay" omitted by the Bombay Reorganisation Act, 1960 (11 of 1960)
s. 20 (w.e.f. 1-5-1960).
5. The words "Tamil Nadu," omitted by the Tamil Nadu Legislative Council (Abolition)
Act, 1986 (40 of 1986), s. 4 (w.e.f. 1-11-1986).
6. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f. 1-5-1960).
7. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 4, for
"Mysore" (w.e.f. 1-11-1973), which was inserted by the Constitution (Seventh Amendment) Act, 1956, s. 8(1) (w.e.f. 1-11-1956).
8. The word, "Punjab," omitted by the Punjab Legislative Council (Abolition) Act, 1969
(46 of 1969), s. 4 (w.e.f. 7-1-1970).
9. The words "Tamil Nadu" ins. by the Tamil Nadu Legislative Council Act, 2010 (16 of
2010), s. 3 (date not yet notified).
10. Subs. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 96, for "Tamil
Nadu" (w.e.f. 2-6-2014).
11. Subs. by the West Bengal Legislative Council (Abolition) Act, 1969 (20 of 1969), s. 4
for "Uttar Pradesh and West Bengal" (w.e.f. 1-8-1969).
(b) in other States, one House.
(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.
169. Abolition or creation of Legislative Councils in States.—(1)
Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
(2) Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.
(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.
1[**170. Composition of the Legislative Assemblies.**—(1) Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.
(2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State.
2[*Explanation.—*In this clause, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published:
Explanation (w.e.f. 3-1-1977).
## (Part Vi.—The States)
Provided that the reference in this *Explanation* to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 1[2026] have been published, be construed as a reference to the 2[2001] census.]
(3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:
Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly:
3[Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken after the year 1[2026] have been published, it shall not be necessary to
4[readjust—
(i) the total number of seats in the Legislative Assembly of each State as readjusted on the basis of the 1971 census; and
(ii) the division of such State into territorial constituencies as may be readjusted on the basis of the 2[2001] census, under this clause.]
171. Composition of the Legislative Councils.—(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed 5[one-third] of the total number of members in the Legislative Assembly of that State:
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1. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for "2000"
(w.e.f. 21-2-2002).
2. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for "1991"
(w.e.f. 22-6-2003). The figures "1991" were substituted for the original figures "1971" by the Constitution (Eighty fourth Amendment) Act, 2001, s. 5 (w.e.f. 21-2-2002).
3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 29 (w.e.f. 3-1-1977). 4. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for certain
words (w.e.f. 21-2-2002).
5. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 10, for "one-fourth"
(w.e.f. 1-11-1956).
Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.
(2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).
(3) Of the total number of members of the Legislative Council of a State—
(a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;
(b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;
(c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;
(d) as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;
(e) the remainder shall be nominated by the Governor in accordance with the provisions of clause (5). (4) The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote.
(5) The members to be nominated by the Governor under sub-clause (e)
of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:—
Literature, science, art, co-operative movement and social service.
172. Duration of State Legislatures.—(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for 1[five years] from the date appointed for its first meeting and no longer and the expiration of the said period of 1[five years] shall operate as a dissolution of the Assembly:
Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
(2) The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.
173. Qualification for membership of the State Legislature.—A
person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he—
2[(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;]
(b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
## ______________________________________________ (Part Vi.—The States)
1[174. Sessions of the State Legislature, prorogation and dissolution.—(1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
(2) The Governor may from time to time—
(a) prorogue the House or either House; (b) dissolve the Legislative Assembly.]
175. Right of Governor to address and send messages to the House or Houses.—(1) The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.
(2) The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.
176. Special address by the Governor.—(1) At the commencement of
2[the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year], the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address 3***.
177. Rights of Ministers and Advocate-General as respects the Houses.—Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote.
(w.e.f. 18-6-1951).
2. Subs. by s. 9, *ibid.*, for "every session" (w.e.f. 18-6-1951).
3. The words "and for the precedence of such discussion over other business of the
House" omitted by s. 9, *ibid*. (w.e.f. 18-6-1951).
## (Part Vi.—The States) Officers Of The State Legislature
178. The Speaker and Deputy Speaker of the Legislative Assembly.—Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.
179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.—A member holding office as Speaker or Deputy Speaker of an Assembly—
(a) shall vacate his office if he ceases to be a member of the Assembly; (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:
Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.
180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.—(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.
181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.—(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent.
(Part VI.—The States)
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.
182. The Chairman and Deputy Chairman of the Legislative Council.—The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.
183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.—A member holding office as Chairman or Deputy Chairman of a Legislative Council—
(a) shall vacate his office if he ceases to be a member of the Council; (b) may at any time by writing under his hand addressed, if such member is the Chairman, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.
184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.—(1) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member of the Council as the Governor may appoint for the purpose.
(2) During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.
## (Part Vi.—The States)
185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.—(1) At any sitting of the Legislative Council, while any resolution for the removal of the Chairman from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 184 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman or, as the case may be, the Deputy Chairman is absent.
(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Council while any resolution for his removal from office is under consideration in the Council and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.
186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.—There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.
187. Secretariat of State Legislature.—(1) The House or each House of the Legislature of a State shall have a separate secretarial staff:
Provided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative Council, be construed as preventing the creation of posts common to both Houses of such Legislature.
(2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House or Houses of the Legislature of the State.
(3) Until provision is made by the Legislature of the State under clause (2), the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions of any law made under the said clause.
## (Part Vi.—The States) Conduct Of Business
188. Oath or affirmation by members.—Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.—(1) Save as otherwise provided in this Constitution, all questions at any sitting of a House of the Legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman, or person acting as such.
The Speaker or Chairman, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.
(2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.
1[(3) Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or one-tenth of the total number of members of the House, whichever is greater.
(4) If at any time during a meeting of the Legislative Assembly or the Legislative Council of a State there is no quorum, it shall be the duty of the Speaker or Chairman, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.]
## Disqualifications Of Members
190. Vacation of seats.—(1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one house or the other.
______________________________________________
## (Part Vi.—The States)
(2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration of such period as may be specified in rules1 made by the President, that person's seat in the Legislatures of all such States shall become vacant, unless he has previously resigned his seat in the Legislatures of all but one of the States.
(3) If a member of a House of the Legislature of a State—
(a) becomes subject to any of the disqualifications mentioned in
2[clause (1) or clause (2) of article 191]; or
3[(b) resigns his seat by writing under his hand addressed to the speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be,]
his seat shall thereupon become vacant:
4[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]
(4) If for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.
191. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State—
(Part VI.—The States)
1[(a) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder;]
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
2[*Explanation.*—For the purposes of this clause], a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the First Schedule by reason only that he is a Minister either for the Union or for such State.
3[(2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule.]
## 4[**192. Decision On Questions As To Disqualifications Of Members**.—(1)
If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final.
(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.]
purposes of this article" (w.e.f. 1-3-1985).
3. Ins. by s. 5, *ibid.* (w.e.f. 1-3-1985). 4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 33, for art. 192
(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 25, for art. 192 (w.e.f. 20-6-1979).
## (Part Vi.—The States)
193. Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.—If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State.
Powers, Privileges and Immunities of State Legislatures and their Members
194. Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.—(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State.
(2) No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings.
1[(3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law, and, until so defined, 2[shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978].
______________________________________________
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 34 to read as
follows. :
"(3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be those of that House, and of its members and Committees, at the commencement of section 34 of the Constitution (Forty-second Amendment) Act, 1976, and as may be evolved by such House of the House of the People, and of its members and committees where such House is the Legislative Assembly and in accordance with those of the Council of States, and of its members and committees where such House is the Legislative Council." (date not notified). This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45 (w.e.f. 19-6-1979)."
2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 26, for certain
words (w.e.f. 20-6-1979).
## (Part Vi.—The States)
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of the Legislature of a State or any committee thereof as they apply in relation to members of that Legislature.
195. Salaries and allowances of members.—Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Legislative Assembly of the corresponding Province.
## Legislative Procedure
196. Provisions as to introduction and passing of Bills.—(1) Subject to the provisions of articles 198 and 207 with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State which has a Legislative Council.
(2) Subject to the provisions of articles 197 and 198, a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.
(3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof.
(4) A Bill pending in the Legislative Council of a State which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly.
(5) A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly.
197. Restriction on powers of Legislative Council as to Bills other than Money Bills.—(1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council—
(a) the Bill is rejected by the Council; or (b) more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or
(Part VI.—The States)
(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree;
the Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council.
(2) If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council—
(a) the Bill is rejected by the Council; or (b) more than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or
(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree;
the Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in which it was passed by the Legislative Assembly for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly.
(3) Nothing in this article shall apply to a Money Bill. 198. Special procedure in respect of Money Bills.—(1) A Money Bill shall not be introduced in a Legislative Council.
(2) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council.
(3) If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly.
(4) If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council.
## (Part Vi.—The States)
(5) If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly.
199. Definition of "Money Bills".—(1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:—
(a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State;
(c) the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of moneys into or the withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of the State;
(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the State, or the increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of the State or the public account of the State or the custody or issue of such money; or
(g) any matter incidental to any of the matters specified in
sub-clauses (a) to (f).
(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
(3) If any question arises whether a Bill introduced in the Legislature of a State which has a Legislative Council is a Money Bill or not, the decision of the Speaker of the Legislative Assembly of such State thereon shall be final.
(Part VI.—The States)
(4) There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council under article 198, and when it is presented to the Governor for assent under article 200, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.
200. Assent to Bills.—When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President:
Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom:
Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.
201. Bills reserved for consideration.—When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom:
Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.
## Procedure In Financial Matters
202. Annual financial statement.—(1) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the "annual financial statement".
(2) The estimates of expenditure embodied in the annual financial statement shall show separately—
(a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of the State; and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the State;
and shall distinguish expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State—
(a) the emoluments and allowances of the Governor and other expenditure relating to his office;
(b) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and, in the case of a State having a Legislative Council, also of the Chairman and the Deputy Chairman of the Legislative Council;
(c) debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;
(d) expenditure in respect of the salaries and allowances of Judges of any High Court;
(e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(f) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged.
203. Procedure in Legislature with respect to estimates.—(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the Legislature of any of those estimates.
(Part VI.—The States)
(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the Governor.
204. Appropriation Bills.—(1) As soon as may be after the grants under article 203 have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State of all moneys required to meet—
(a) the grants so made by the Assembly; and (b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the statement previously laid before the House or Houses.
(2) No amendment shall be proposed to any such Bill in the House or either House of the Legislature of the State which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.
(3) Subject to the provisions of articles 205 and 206, no money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accordance with the provisions of this article.
205. Supplementary, additional or excess grants.—(1) The Governor shall—
(a) if the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a demand for such excess, as the case may be.
(2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or grant.
## 206. Votes On Account, Votes Of Credit And Exceptional Grants.—(1)
Notwithstanding anything in the foregoing provisions of this Chapter, the Legislative Assembly of a State shall have power—
(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 203 for the voting of such grant and the passing of the law in accordance with the provisions of article 204 in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the current service of any financial year;
and the Legislature of the State shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of the State for the purposes for which the said grants are made.
(2) The provisions of articles 203 and 204 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure.
## (Part Vi.—The States)
207. Special provisions as to financial Bills.—(1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to *(f)* of clause (1) of article 199 shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council:
Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.
(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of a State shall not be passed by a House of the Legislature of the State unless the Governor has recommended to that House the consideration of the Bill.
## Procedure Generally
208. Rules of procedure.—(1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.
(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be.
(3) In a State having a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communications between the two Houses.
______________________________________________
## (Part Vi.—The States)
209. Regulation by law of procedure in the Legislature of the State in relation to financial business.—The Legislature of a State may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the State in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with any rule made by the House or either House of the Legislature of the State under clause (1) of article 208 or with any rule or standing order having effect in relation to the Legislature of the State under clause (2) of that article, such provision shall prevail.
210. Language to be used in the Legislature.—(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English:
Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mother-tongue.
(2) Unless the Legislature of the State by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words "or in English" were omitted therefrom:
1[Provided that in relation to the 2[Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and Tripura] this clause shall have effect as if for the words "fifteen years" occurring therein, the words "twenty-five years" were substituted:]
3[Provided further that in relation to the 4[Legislatures of the States of
5[Arunachal Pradesh, Goa and Mizoram]], this clause shall have effect as if for the words "fifteen years" occurring therein, the words "forty years" were substituted.]
______________________________________________
1. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971). 2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
"Legislature of the State of Himachal Pradesh" (w.e.f. 21-1-1972).
3. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987). 4. Subs. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42, for "Legislature
of the State of Mizoram" (w.e.f. 20-2-1987).
5. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for
"Arunachal Pradesh and Mizoram" (w.e.f. 30-5-1987).
211. Restriction on discussion in the Legislature.—No discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.
212. Courts not to inquire into proceedings of the Legislature.—(1)
The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure.
(2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
## Chapter Iv.—Legislative Power Of The Governor
213. Power of Governor to promulgate Ordinances during recess of Legislature.—(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:
Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if—
(a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or
(b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or
(c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President.
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance—
(Part VI.—The States)
(a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and
(b) may be withdrawn at any time by the Governor.
Explanation.—Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void:
Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him.
1(4)*
* * *
## Chapter V.—The High Courts In The States
214. High Courts for States.—2*** There shall be a High Court for each State.
3(2)* * * * 3(3)* * * *
215. High Courts to be courts of record.—Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
## ______________________________________________ (Part Vi.—The States)
216. Constitution of High Courts.—Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
1*
* * * *
217. Appointment and conditions of the office of a Judge of a High Court.—(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal 2[on the recommendation of the National Judicial Appointments Commission referred to in article 124A], and the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, 3[shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of 4[sixty-two years:]]
Provided that—
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court;
(c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India. (2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and—
(a) has for at least ten years held a judicial office in the territory of India; or
consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court" (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court in the case of Supreme Court Advocates-on-Record Association and Another Vs. Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.
3. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for "shall hold office
until he attains the age of sixty years" (w.e.f. 1-11-1956).
4. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4(a), for "sixty years"
(w.e.f. 5-10-1963).
(Part VI.—The States)
(b) has for at least ten years been an advocate of a High Court
1*** or of two or more such Courts in succession.2***
2(c)* * * * *
Explanation.—For the purposes of this clause—
3[(a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;]
4[(aa)] in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person 5[has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law] after he became an advocate;
(b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be.
6[(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.]
______________________________________________
2. The word "or" and sub-clause (c) were ins. by the Constitution (Forty-second
Amendment) Act, 1976, s. 36 (w.e.f. 3-1-1977) and omitted by the Constitution
(Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978. s. 28 (w.e.f. 20-6-1979). 4. Cl. (a) re-lettered as cl. (aa) by the Constitution (Forty-fourth Amendment) Act, 1978,
s. 28 (w.e.f. 20-6-1979).
5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 36, for "has held
judicial office" (w.e.f. 3-1-1977).
6. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4(b), (with retrospective
effect).
218. Application of certain provisions relating to Supreme Court to High Courts.—The provisions of clauses (4) and (5) of article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court.
219. Oath or affirmation by Judges of High Courts.—Every person appointed to be a Judge of a High Court 1*** shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
2[**220. Restriction on practice after being a permanent Judge**.—No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts.
Explanation.—In this article, the expression "High Court" does not include a High Court for a State specified in Part B of the First Schedule as it existed before the commencement3 of the Constitution (Seventh Amendment)
Act, 1956.]
221. Salaries, etc., of Judges.—4[(1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.]
(2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule:
Provided that neither the allowances of a Judge nor his rights in respect to leave of absence or pension shall be varied to his disadvantage after his appointment.
3. 1st November, 1956.
4. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 3, for clause (1)
(w.e.f. 1-4-1986).
## (Part Vi.—The States)
222. Transfer of a Judge from one High Court to another.—(1) The President may, 1[on the recommendation of the National Judicial Appointments Commission referred to in article 124A], transfer a Judge from one High Court to any other High Court 2***.
3[(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.]
223. Appointment of acting Chief Justice.—When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.
4[**224. Appointment of additional and acting Judges**.—(1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, 5[the President may, in consultation with the National Judicial Appointments Commission, appoint] duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify.
(2) When any Judge of a High Court other than the Chief Justice is by
______________________________________________
3. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).
Original cl. (2) was omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14 (w.e.f. 1-11-1956).
4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 15 for art. 224
(w.e.f. 1-11-1956).
5. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 8, for "the
President may appoint" (w.e.f. 13-4-2015). This amendment has been struck down, by the Supreme Court in the case of Supreme Court Advocates-on-Record Association and Another *Vs. Union of India* in its judgment, dated 16-10-2015, AIR 2016 SC 117.
(Part VI.—The States)
reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, 1[the President may, in consultation with the National Judicial Appointments Commission, appoint] a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.
(3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of 2[sixty-two years].]
3[**224A. Appointment of retired Judges at sittings of High Courts**.—
Notwithstanding anything in this Chapter, 4[the National Judicial Appointments Commission on a reference made to it by the Chief Justice of a High Court for any State, may with the previous consent of the President], request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:
Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.]
225. Jurisdiction of existing High Courts.—Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution:
______________________________________________
Another Vs. Union of India in its judgment, dated 16-10-2015, AIR 2016 SC 117.
2 Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 6, for "sixty years"
(w.e.f. 5-10-1963).
3. Ins. by s. 7, *ibid*. (w.e.f. 5-10-1963). 4. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 9, for "the Chief
Justice of a High Court for any State may at any time, with the previous consent of the President" (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court in the case of Supreme Court *Advocates-on-Record Association and Another Vs*. Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.
## (Part Vi.—The States)
1[Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.]
2[**226. Power of High Courts to issue certain writs.**—(1)
Notwithstanding anything in article 32 3***, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including
4[writs in the nature of *habeas corpus, mandamus,* prohibition, quo warranto and *certiorari,* or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.]
(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.
5[(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without—
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
______________________________________________
(w.e.f. 1-2-1977).
3. The words, figures and letters "but subject to the provisions of article 131A and article
226A" omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 7 (w.e.f. 13-4-1978).
4. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30, for the portion
beginning with "writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them" and ending with "such illegality has resulted in substantial failure of justice." (w.e.f. 1-8-1979).
5. Subs. by s.30, *ibid.,* for cls. (3), (4), (5) and (6) (w.e.f. 1-8-1979).
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.]
1[(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.]
2[**226A**. Constitutional validity of Central laws not to be considered in proceedings under article 226.].—Omitted by the Constitution (Forty-third Amendment) *Act,* 1977, s. 8 (*w.e.f.* 13-4-1978).
227. Power of superintendence over all courts by the High Court.—
3[(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.]
(2) Without prejudice to the generality of the foregoing provision, the High Court may—
(a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein:
______________________________________________
2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 39 (w.e.f. 1-2-1977).
## (Part Vi.—The States)
Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor.
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.
1(5)* * * *
228. Transfer of certain cases to High Court.—If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, 2[it shall withdraw the case and 3*** may—]
(a) either dispose of the case itself, or (b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.
4[**228A.** Special provisions as to disposal of questions relating to constitutional validity of State laws.].—Omitted by the Constitution (Fortythird Amendment) *Act,* 1977, s. 10 (w.e.f. 13-4-1978).
## 229. Officers And Servants And The Expenses Of High Courts.—(1)
Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct:
______________________________________________
Act, 1978, s. 31 (w.e.f. 20-6-1979).
2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 41, for "it shall
withdraw the case and may—" (w.e.f. 1-2-1977).
3. The words, figures and letter, "subject to the provisions of article 131A," omitted by
the Constitution (Forty-third Amendment) Act, 1977, s. 9 (w.e.f. 13-4-1978).
4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 42 (w.e.f. 1-2-1977).
## (Part Vi.—The States)
Provided that the Governor of the State 1*** may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission.
(2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose:
Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State 1***.
(3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund.
## 2[230. Extension Of Jurisdiction Of High Courts To Union
territories.—(1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory.
(2) Where the High Court of a State exercises jurisdiction in relation to a Union territory,—
(a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; and
(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the President. 231. Establishment of a common High Court for two or more States.—(1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory.
(2) In relation to any such High Court,—
(Part VI.—The States)
1(a)* *
*
* *
(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the subordinate courts are situate; and
(c) the references in articles 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat:
Provided that if such principal seat is in a Union territory, the references in articles 219 and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.]
[**232.** Interpretation.—Articles 230, 231 and 232 subs. by articles 230
and 231 by the Constitution (Seventh Amendment) Act, 1956, s. 16
(w.e.f. 1-11-1956)].
## Chapter Vi.—Subordinate Courts
233. Appointment of district judges.—(1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.
______________________________________________
Another Vs. Union of India reported AIR 2016 SC 117. Before amendment, subclause (a) was as under:—
"(a) the reference in article 217 to the Governor of the State shall be construed as
reference to the Governors of all the States in relation to which the High Court
exercises jurisdiction;".
## (Part Vi.—The States)
1[233A. Validation of appointments of, and judgments, etc.,
delivered by, certain district judges.—Notwithstanding any judgment, decree or order of any court,—
(a) (i) no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that State, and
(ii) no posting, promotion or transfer of any such person as a district judge, made at any time before the commencement of the Constitution (Twentieth Amendment) Act, 1966, otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions;
(b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any State otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions.]
234. Recruitment of persons other than district judges to the judicial service.—Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.
235. Control over subordinate courts.—The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.
______________________________________________
(Part VI.—The States)
236. Interpretation.—In this Chapter—
(a) the expression "district judge" includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions Judge;
(b) the expression "judicial service" means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.
237. Application of the provisions of this Chapter to certain class or classes of magistrates.—The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.
## Part Vii
[The States in Part B of the First Schedule].
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## Part Viii 1[The Union Territories]
2[**239. Administration of Union territories.—**(1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.
(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.]
3[239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories.—(1) Parliament may by law create 4[for the Union territory of 5[Puducherry]]—
(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or
(b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law.
(2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.]
(w.e.f. 30-5-1987).
5. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
"Pondicherry" (w.e.f. 1-10-2006).
1[**239AA. Special provisions with respect to Delhi.—**(1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the National Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor.
(2)(a) There shall be a Legislative Assembly for the National Capital Territory and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory.
(b) The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament.
(c) The provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital Territory, the Legislative Assembly of the National Capital Territory and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to "appropriate Legislature" shall be deemed to be a reference to Parliament.
(3) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2 and 18.
(b) Nothing in sub-clause (a) shall derogate from the powers of Parliament under this Constitution to make laws with respect to any matter for a Union territory or any part thereof.
______________________________________________
(c) If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant to any provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative Assembly, then, in either case, the law made by Parliament, or, as the case may be, such earlier law, shall prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void:
Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the National Capital Territory:
Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly.
(4) There shall be a Council of Ministers consisting of not more than ten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion:
Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary.
(5) The Chief Minister shall be appointed by the President and other Ministers shall be appointed by the President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of the President.
(6) The Council of Ministers shall be collectively responsible to the Legislative Assembly.
1[(7) (a)] Parliament may, by law, make provisions for giving effect to, or supplementing the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto.
2[(b) Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending, this Constitution.]
(8) The provisions of article 239B shall, so far as may be, apply in relation to the National Capital Territory, the Lieutenant Governor and the Legislative Assembly, as they apply in relation to the Union territory of
3[Puducherry], the administrator and its Legislature, respectively; and any reference in that article to "clause (1) of article 239A" shall be deemed to be a reference to this article or article 239AB, as the case may be.
239AB. Provision in case of failure of constitutional machinery.—If
the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied—
(a) that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions of article 239AA or of any law made in pursuance of that article; or
(b) that for the proper administration of the National Capital Territory it is necessary or expedient so to do, the President may by order suspend the operation of any provision of article 239AA or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the National Capital Territory in accordance with the provisions of article 239 and article 239AA.]
## ______________________________________________ (Part Viii.—The Union Territories)
1[239B. Power of administrator to promulgate Ordinances during recess of Legislature.—(1) If at any time, except when the Legislature of 2[the Union territory of 3[Puducherry]] is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:
Provided that no such Ordinance shall be promulgated by the administrator except after obtaining instructions from the President in that behalf:
Provided further that whenever the said Legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension.
(2) An Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the Union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, but every such Ordinance—
(a) shall be laid before the Legislature of the Union territory and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature or if, before the expiration of that period, a resolution disapproving it is passed by the Legislature, upon the passing of the resolution; and
(b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, it shall be void.]
4(4)*
* * *
______________________________________________
1. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f. 30-12-1971). 2. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s. 63, for "a Union
territory referred to in clause (1) article 239A" (w.e.f. 30-5-1987).
3. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
"Pondicherry" (w.e.f. 1-10-2006).
4. Clause (4) ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 4 (with
retrospective effect). This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 32 (w.e.f. 20-6-1979).
##
1[240. Power of President to make regulations for certain Union territories.—(1) The President may make regulations for the peace, progress and good government of the Union territory of—
(a) the Andaman and Nicobar Islands;
2[(b) Lakshadweep;] 3[(c) Dadra and Nagar Haveli and Daman and Diu;]
4[(d) **** ;]
5[(e) 6[Puducherry ];] 7(f) * * *
8(g) * * *
9[Provided that when any body is created under article 239A to function as a Legislature for the Union territory of 6[Puducherry], the President shall not make any regulation for the peace, progress and good government of that Union territory with effect from the date appointed for the first meeting of the Legislature:]
______________________________________________
8-1962, *vide* s.7).
6. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4 for
"Pondicherry" (w.e.f. 1-10-2006).
7. The entry (f) relating to Mizoram omitted by the State of Mizoram Act, 1986
(34 of 1986), s. 39 (w.e.f. 20-2-1987).
8. The entry (g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh
Act, 1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987).
9. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (w.e.f. 28-12-1962).
## (Part Viii.—The Union Territories)
1[Provided further that whenever the body functioning as a Legislature for the Union territory of 2[Puducherry] is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that Union territory.]
(2) Any regulation so made may repeal or amend any Act made by Parliament or 3[any other law], which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory.]
241. High Courts for Union territories—(1) Parliament may by law constitute a High Court for a 4[Union territory] or declare any court in any 5[such territory] to be a High Court for all or any of the purposes of this Constitution.
(2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to in article 214 subject to such modifications or exceptions as Parliament may by law provide.
6[(3) Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any Union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement.
(4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.]
242. [*Coorg.*].—Omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 *and Sch.*(w.e.f. 1-11-1956).
______________________________________________
"Pondicherry" (w.e.f. 1-10-2006).
3. Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s.4, for "any existing
law" (w.e.f. 15-2-1972).
4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "State
specified in Part C of the First Schedule" (w.e.f. 1-11-1956).
5. Subs. by s. 29 and Sch., *ibid.,* for "such State" (w.e.f. 1-11-1956). 6. Subs. by s. 29 and Sch., *ibid*., for cls. (3) and (4) (w.e.f. 1-11-1956).
## 1[**Part Ix** The Panchayats
243. Definitions.—In this Part, unless the context otherwise requires,—
(a) "district" means a district in a State; (b) "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level;
(c) "intermediate level" means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part;
(d) "Panchayat" means an institution (by whatever name called) of self-government constituted under article 243B, for the rural areas;
(e) "Panchayat area" means the territorial area of a Panchayat; (f) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published;
(g) "village" means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified.
243A. Gram Sabha.—A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide.
243B. Constitution of Panchayats.—(1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.
(2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.
243C. Composition of Panchayats.—(1) Subject to the provisions of
## This Part, The Legislature Of A State May, By Law, Make Provisions With Respect To The Composition Of Panchayats: ______________________________________________ (Part Ix.—The Panchayats)
Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State.
(2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and, for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area.
(3) The Legislature of a State may, by law, provide for the representation—
(a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level;
(b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level;
(c) of the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly a Panchayat area at a level other than the village level, in such Panchayat;
(d) of the members of the Council of States and the members of the Legislative Council of the State, where they are registered as electors within—
(i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level;
(ii) a Panchayat area at the district level, in Panchayat at the district level.
(4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats.
(5) The Chairperson of—
(a) a Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and
(b) a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof.
243D. Reservation of seats.—(1) Seats shall be reserved for—
(a) the Scheduled Castes; and (b) the Scheduled Tribes, in every Panchayat 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 that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat.
(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled 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 constituencies in a Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide:
Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State:
Provided further that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women:
Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level.
(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens.
243E. Duration of Panchayats, etc.—(1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).
(3) An election to constitute a Panchayat shall be completed—
(a) before the expiry of its duration specified in clause (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat for such period.
(4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under clause (1) had it not been so dissolved.
243F. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat—
(a) if he 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 concerned:
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 twentyone years;
(b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.
## (Part Ix.—The Panchayats)
243G. Powers, authority and responsibilities of Panchayats.—
Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to—
(a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule. 243H. Powers to impose taxes by, and Funds of, the Panchayats.—
The Legislature of a State may, by law,—
(a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom, as may be specified in the law.
243-I. Constitution of Finance Commission to review financial position.—(1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to—
(a) the principles which should govern—
(i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
(Part IX.—The Panchayats)
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats;
(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.
(2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.
(3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them.
(4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
243J. Audit of accounts of Panchayats.—The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts.
243K. Elections to the Panchayats.—(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.
(2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine:
Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
## (Part Ix.—The Panchayats)
(3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1).
(4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats.
243L. Application to Union territories.—The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the legislative Assembly of a State were references, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.
243M. Part not to apply to certain areas.—(1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.
(2) Nothing in this Part shall apply to—
(a) the States of Nagaland, Meghalaya and Mizoram; (b) the hill areas in the State of Manipur for which District Councils exist under any law for the time being in force.
(3) Nothing in this Part—
(a) relating to Panchayats at the district level shall apply to the hill areas of the District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists under any law for the time being in force;
(b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under such law.
## (Part Ix.—The Panchayats)
1[(3A) Nothing in article 243D, relating to reservation of seats for the Scheduled Castes, shall apply to the State of Arunachal Pradesh.]
(4) Notwithstanding anything in this Constitution,—
(a) the Legislature of a State referred to in sub-clause (a) of clause
(2) may, by law, extend this Part to that State, except the areas, if any, referred to in clause (1), if the Legislative Assembly of that State passes a resolution to that effect by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting;
(b) Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368. 243N.
Continuance of existing laws and Panchayats.—
Notwithstanding anything in this Part, any provision of any law relating to Panchayats in force in a State immediately before the commencement of the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:
Provided that all the Panchayats existing immediately before such commencement 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 a Legislative Council, by each House of the Legislature of that State.
243-O. Bar to interference by courts in electoral matters.—
Notwithstanding anything in this Constitution,—
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243K, shall not be called in question in any court;
(b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.
______________________________________________
1. Ins. by the Constitution (Eighty-third Amendment) Act, 2000, s. 2 (w.e.f. 8-9-2000).
## 1[Part Ixa The Municipalities
243P. Definitions.—In this Part, unless the context otherwise requires,—
(a) "Committee" means a Committee constituted under article 243S;
(b) "district" means a district in a State; (c) "Metropolitan area" means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part;
(d) "Municipal area" means the territorial area of a Municipality as is notified by the Governor;
(e) "Municipality" means an institution of self-government constituted under article 243Q;
(f) "Panchayat" means a Panchayat constituted under article 243B;
(g) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published. 243Q. Constitution of Municipalities.—(1) There shall be constituted in every State,—
(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area;
(b) a Municipal Council for a smaller urban area; and (c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part:
______________________________________________
(Part IXA.—The Municipalities)
Provided that a Municipality under this clause may not be constituted in
such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township.
(2) In this article, "a transitional area", "a smaller urban area" or "a larger urban area" means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in nonagricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part.
243R. Composition of Municipalities.—(1) Save as provided in clause
(2), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.
(2) The Legislature of a State may, by law, provide—
(a) for the representation in a Municipality of—
(i) persons having special knowledge or experience in Municipal administration;
(ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area;
(iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area;
(iv) the Chairpersons of the Committees constituted under clause (5) of article 243S: Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the Municipality;
(b) the manner of election of the Chairperson of a Municipality.
243S. Constitution and composition of Wards Committees, etc.—(1)
There shall be constituted Wards Committees, consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more.
(2) The Legislature of a State may, by law, make provision with respect to—
(a) the composition and the territorial area of a Wards Committee; (b) the manner in which the seats in a Wards Committee shall be filled. (3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.
(4) Where a Wards Committee consists of—
(a) one ward, the member representing that ward in the Municipality;
or
(b) two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee.
(5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the constitution of Committees in addition to the Wards Committees.
243T. Reservation of seats.—(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality 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 that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.
(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(Part IXA.—The Municipalities)
(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.
(4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.
(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens.
243U. Duration of Municipalities, etc.—(1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer:
Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution.
(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).
(3) An election to constitute a Municipality shall be completed,—
(a) before the expiry of its duration specified in clause (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period.
(4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under clause (1) had it not been so dissolved.
(Part IXA.—The Municipalities)
243V. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality—
(a) if he 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 concerned:
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;
(b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.
243W. Powers, authority and responsibilities of Municipalities, etc.—Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow—
(a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to—
(i) the preparation of plans for economic development and social justice;
(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule; (b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule. 243X. Power to impose taxes by, and Funds of, the Municipalities.—
The Legislature of a State may, by law,—
(a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
(Part IXA.—The Municipalities)
(b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom, as may be specified in the law.
243Y. Finance Commission.—(1) The Finance Commission constituted under article 243-I shall also review the financial position of the Municipalities and make recommendations to the Governor as to—
(a) the principles which should govern—
(i) the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities 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 Municipalities;
(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State; (b) the measures needed to improve the financial position of the Municipalities;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities. (2) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
243Z. Audit of accounts of Municipalities.—The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.
243ZA. Elections to the Municipalities.—(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in article 243K.
(2) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.
243ZB. Application to Union territories.—The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.
243ZC. Part not to apply to certain areas.—(1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2) of article 244.
(2) Nothing in this Part shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal.
(3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.
243ZD. Committee for district planning.—(1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.
(2) The Legislature of a State may, by law, make provision with respect to—
(Part IXA.—The Municipalities)
(a) the composition of the District Planning Committees;
(b) the manner in which the seats in such Committees shall be filled:
Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district;
(c) the functions relating to district planning which may be assigned to such Committees;
(d) the manner in which the Chairpersons of such Committees shall be chosen.
(3) Every District Planning Committee shall, in preparing the draft development plan,—
(a) have regard to—
(i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Governor
may, by order, specify.
(4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.
243ZE. Committee for Metropolitan planning.—(1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
(2) The Legislature of a State may, by law, make provision with respect to—
(a) the composition of the Metropolitan Planning Committees; (b) the manner in which the seats in such Committees shall be filled:
## (Part Ixa.—The Municipalities)
Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;
(c) the representation in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees;
(d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees;
(e) the manner in which the Chairpersons of such Committees shall be chosen. (3) Every Metropolitan Planning Committee shall, in preparing the draft development plan,—
(a) have regard to—
(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;
(ii) matters of common interest between the Municipalities
and the Panchayats, including coordinated spatial planning of the
area, sharing of water and other physical and natural resources,
the integrated development of infrastructure and environmental
conservation;
(iii) the overall objectives and priorities set by the
Government of India and the Government of the State;
(iv) the extent and nature of investments likely to be made
in the Metropolitan area by agencies of the Government of India
and of the Government of the State and other available resources
whether financial or otherwise;
(b) consult such institutions and organisations as the Governor
may, by order, specify.
(4) The Chairperson of every Metropolitan Planning Committee shall
forward the development plan, as recommended by such Committee, to the Government of the State.
(Part IXA.—The Municipalities)
243ZF. Continuance of existing laws and Municipalities.—
Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:
Provided that all the Municipalities existing immediately before such commencement 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 a Legislative Council, by each House of the Legislature of that State.
243ZG. Bar to interference by courts in electoral matters.—
Notwithstanding anything in this Constitution,—
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243ZA shall not be called in question in any court;
(b) no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.]
## 1[Part Ixb The Co-Operative Societies
243ZH. Definitions.—In this Part, unless the context otherwise requires,—
(a) "authorised person" means a person referred to as such in article
243ZQ;
(b) "board" means the board of directors or the governing body of a co-operative society, by whatever name called, to which the direction and control of the management of the affairs of a society is entrusted to;
(c) "co-operative society" means a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any State;
(d) "multi-State co-operative society" means a society with objects not confined to one State and registered or deemed to be registered under any law for the time being in force relating to such co-operatives;
(e) "office bearer" means a President, Vice-President, Chairperson, Vice-Chairperson, Secretary or Treasurer, of a co-operative society and includes any other person to be elected by the board of any co-operative society;
(f) "Registrar" means the Central Registrar appointed by the Central Government in relation to the multi-State co-operative societies and the Registrar for co-operative societies appointed by the State Government under the law made by the Legislature of a State in relation to co-operative societies;
(g) "State Act" means any law made by the Legislature of a State; (h) "State level co-operative society" means a co-operative society having its area of operation extending to the whole of a State and defined as such in any law made by the Legislature of a State.
243ZI. Incorporation of co-operative societies.—Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the incorporation, regulation and winding up of co-operative societies based on the principles of voluntary formation, democratic
member-control, member-economic participation and autonomous functioning.
______________________________________________
## (Part Ixb.—Co-Operative Societies)
243ZJ. Number and term of members of board and its office bearers.—(1) The board shall consist of such number of directors as may be provided by the Legislature of a State, by law:
Provided that the maximum number of directors of a co-operative society shall not exceed twenty-one:
Provided further that the Legislature of a State shall, by law, provide for the reservation of one seat for the Scheduled Castes or the Scheduled Tribes and two seats for women on board of every co-operative society consisting of individuals as members and having members from such class of category of persons.
(2) The term of office of elected members of the board and its office bearers shall be five years from the date of election and the term of office bearers shall be conterminous with the term of the board:
Provided that the board may fill a casual vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the board is less than half of its original term.
(3) The Legislature of a State shall, by law, make provisions for
co-option of persons to be members of the board having experience in the field of banking, management, finance or specialisation in any other field relating to the objects and activities undertaken by the co-operative society, as members of the board of such society:
Provided that the number of such co-opted members shall not exceed two in addition to twenty-one directors specified in the first proviso to clause (1):
Provided further that such co-opted members shall not have the right to vote in any election of the co-operative society in their capacity as such member or to be eligible to be elected as office bearers of the board:
Provided also that the functional directors of a co-operative society shall also be the members of the board and such members shall be excluded for the purpose of counting the total number of directors specified in the first proviso to clause (1).
## (Part Ixb.—Co-Operative Societies)
243ZK. Election of members of board.—(1) Notwithstanding anything contained in any law made by the Legislature of a State, the election of a board shall be conducted before the expiry of the term of the board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the term of the office of members of the outgoing board.
(2) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the Legislature of a State, by law:
Provided that the Legislature of a State may, by law, provide for the procedure and guidelines for the conduct of such elections.
## 243Zl. Supersession And Suspension Of Board And Interim
management.—(1) Notwithstanding anything contained in any law for the time being in force, no board shall be superseded or kept under suspension for a period exceeding six months:
Provided that the board may be superseded or kept under suspension in a case—
(i) of its persistent default; or (ii) of negligence in the performance of its duties; or (iii) the board has committed any act prejudicial to the interests of the co-operative society or its members; or
(iv) there is stalemate in the constitution or functions of the board;
or
(v) the authority or body as provided by the Legislature of a State, by law, under clause (2) of article 243ZK, has failed to conduct elections in accordance with the provisions of the State Act:
Provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no Government shareholding or loan or financial assistance or any guarantee by the Government:
Provided also that in case of a co-operative society carrying on the business of banking, the provisions of the Banking Regulation Act, 1949 shall also apply:
## (Part Ixb.—Co-Operative Societies)
Provided also that in case of a co-operative society, other than a
multi-State co-operative society, carrying on the business of banking, the provisions of this clause shall have the effect as if for the words "six months", the words "one year" had been substituted.
(2) In case of supersession of a board, the administrator appointed to manage the affairs of such co-operative society shall arrange for conduct of elections within the period specified in clause (1) and handover the management to the elected board.
(3) The Legislature of a State may, by law, make provisions for the conditions of service of the administrator.
243ZM. Audit of accounts of co-operative societies.—(1) The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the co-operative societies and the auditing of such accounts at least once in each financial year.
(2) The Legislature of a State shall, by law, lay down the minimum qualifications and experience of auditors and auditing firms that shall be eligible for auditing accounts of the co-operative societies.
(3) Every co-operative society shall cause to be audited by an auditor or auditing firms referred to in clause (2) appointed by the general body of the co-operative society:
Provided that such auditors or auditing firms shall be appointed from a panel approved by a State Government or an authority authorised by the State Government in this behalf.
(4) The accounts of every co-operative society shall be audited within six months of the close of the financial year to which such accounts relate.
(5) The audit report of the accounts of an apex co-operative society, as may be defined by the State Act, shall be laid before the State Legislature in the manner, as may be provided by the State Legislature, by law.
243ZN. Convening of general body meetings.—The Legislature of a State may, by law, make provisions that the annual general body meeting of every co-operative society shall be convened within a period of six months of close of the financial year to transact the business as may be provided in such law.
## (Part Ixb.—Co-Operative Societies)
243ZO. Right of a member to get information.—(1) The Legislature of a State may, by law, provide for access to every member of a co-operative society to the books, information and accounts of the co-operative society kept in regular transaction of its business with such member.
(2) The Legislature of a State may, by law, make provisions to ensure the participation of members in the management of the co-operative society providing minimum requirement of attending meetings by the members and utilising the minimum level of services as may be provided in such law.
(3) The Legislature of a State may, by law, provide for co-operative education and training for its members.
243ZP. Returns.—Every co-operative society shall file returns, within six months of the close of every financial year, to the authority designated by the State Government including the following matters, namely:—
(a) annual report of its activities; (b) its audited statement of accounts;
(c) plan for surplus disposal as approved by the general body of the co-operative society;
(d) list of amendments to the bye-laws of the co-operative society, if any;
(e) declaration regarding date of holding of its general body meeting and conduct of elections when due; and
(f) any other information required by the Registrar in pursuance of any of the provisions of the State Act. 243ZQ. Offences and penalties.—(1) The Legislature of a State may, by law, make provisions for the offences relating to the co-operative societies and penalties for such offences.
(2) A law made by the Legislature of a State under clause (1) shall include the commission of the following act or omission as offences, namely:—
(a) a co-operative society or an officer or member thereof wilfully makes a false return or furnishes false information, or any person wilfully not furnishes any information required from him by a person authorised in this behalf under the provisions of the State Act;
## (Part Ixb.—Co-Operative Societies)
(b) any person wilfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of the State Act;
(c) any employer who, without sufficient cause, fails to pay to a
co-operative society amount deducted by him from its employee within a period of fourteen days from the date on which such deduction is made;
(d) any officer or custodian who wilfully fails to handover custody of books, accounts, documents, records, cash, security and other property belonging to a co-operative society of which he is an officer or custodian, to an authorised person; and
(e) whoever, before, during or after the election of members of the board or office bearers, adopts any corrupt practice. 243ZR. Application to multi-State co-operative societies.—The provisions of this Part shall apply to the multi-State co-operative societies subject to the modification that any reference to "Legislature of a State", "State Act" or "State Government" shall be construed as a reference to "Parliament", "Central Act" or "the Central Government" respectively.
243ZS. Application to Union territories.—The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, having no Legislative Assembly as if the references to the Legislature of a State were a reference to the administrator thereof appointed under article 239 and, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by notification in the Official Gazette, direct that the provisions of this Part shall not apply to any Union territory or part thereof as he may specify in the notification.
243ZT. Continuance of existing laws.— Notwithstanding anything in this Part, any provision of any law relating to co-operative societies in force in a State immediately before the commencement of the Constitution (Ninetyseventh Amendment) Act, 2011, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is less.]
## Part X The Scheduled And Tribal Areas
244. Administration of Scheduled Areas and Tribal Areas.—(1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State 1*** other than 2[the States of Assam, 3[, 4[Meghalaya, Tripura and Mizoram]]].
(2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in 2[the States of Assam, 3[, 5[Meghalaya, Tripura and Mizoram]]].
6[244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.—(1) Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising
(whether wholly or in part) all or any of the tribal areas specified in 7[Part I] of the table appended to paragraph 20 of the Sixth Schedule and create therefor—
(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or
(b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law.
(2) Any such law as is referred to in clause (1) may, in particular,—
______________________________________________
1. The words and letters "specified in Part A or Part B of the First Schedule" omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
"the State of Assam" (w.e.f. 21-1-1972).
3. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 2, for "and
Meghalaya" (w.e.f. 1-4-1985).
4. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for "Meghalaya and
Tripura" (w.e.f. 20-2-1987).
5. Subs. by s. 39, *ibid.*, for "Meghalaya and Tripura and the Union territory of Mizoram".
(w.e.f. 20-2-1987).
6. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 2 (w.e.f. 25-9-1969). 7. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
"Part A" (w.e.f. 21-1-1972).
## (Part X.—The Scheduled And Tribal Areas)
(a) specify the matters enumerated in the State List or the Concurrent List with respect to which the Legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise;
(b) define the matters with respect to which the executive power of the autonomous State shall extend;
(c) provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State;
(d) provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the autonomous State; and
(e) make such supplemental, incidental and consequential provisions as may be deemed necessary. (3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amendment is passed in each House of Parliament by not less than two-thirds of the members present and voting.
(4) Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.]
## Part Xi Relations Between The Union And The States Chapter I.—Legislative Relations Distribution Of Legislative Powers
245. Extent of laws made by Parliament and by the Legislatures of States.—(1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.
(2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.
246. Subject-matter of laws made by Parliament and by the Legislatures of States.—(1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the "Union List").
(2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State 1*** also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the "Concurrent List").
(3) Subject to clauses (1) and (2), the Legislature of any State 1*** has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the "State List").
(4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included 2[in a State] notwithstanding that such matter is a matter enumerated in the State List.
3[246A. **Special provision with respect to goods and services tax**.—(1)
Notwithstanding anything contained in articles 246 and 254, Parliament, and, subject to clause (2), the Legislature of every State, have power to make laws with respect to goods and services tax imposed by the Union or by such State.
______________________________________________
2. Subs. by s. 29 and Sch., *ibid.*, for "in Part A or Part B of the First Schedule"
(w.e.f. 1-11-1956).
3. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 2
(w.e.f. 16-9-2016).
## (Part Xi.—Relations Between The Union And The States)
(2) Parliament has exclusive power to make laws with respect to goods and services tax where the supply of goods, or of services, or both takes place in the course of inter-State trade or commerce.
Explanation.—The provisions of this article, shall, in respect of goods and services tax referred to in clause (5) of article 279A, take effect from the date recommended by the Goods and Services Tax Council.]
247. Power of Parliament to provide for the establishment of certain additional courts.—Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List.
248. Residuary powers of legislation.—(1) 1[Subject to article 246A, Parliament] has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
(2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.
249. Power of Parliament to legislate with respect to a matter in the State List in the national interest.—(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to 2[goods and services tax provided under article
246A or] any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force.
(2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein:
Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force.
(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.
## ______________________________________________ (Part Xi.—Relations Between The Union And The States)
250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.—(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to 1[goods and services tax provided under article 246A or] any of the matters enumerated in the State List.
(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.
251. Inconsistency between laws made by Parliament under articles
249 and 250 and laws made by the Legislatures of States.—Nothing in articles 249 and 250 shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative.
252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.—(1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State.
______________________________________________
## (Part Xi.—Relations Between The Union And The States)
(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.
253. Legislation for giving effect to international agreements.—
Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.
254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.—(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.
(2) Where a law made by the Legislature of a State 1*** with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State:
Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.
255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.—No Act of Parliament or of the Legislature of a State 1***, and no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given—
______________________________________________
(Part XI.—Relations between the Union and the States)
(a) where the recommendation required was that of the Governor, either by the Governor or by the President;
(b) where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President;
(c) where the recommendation or previous sanction required was that of the President, by the President.
## Chapter Ii.—Administrative Relations General
256. Obligation of States and the Union.—The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.
257. Control of the Union over States in certain cases.—(1) The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.
(2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance:
Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.
(3) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State.
(4) Where in carrying out any direction given to a State under clause (2)
as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred by the State.
## (Part Xi.—Relations Between The Union And The States)
1[**257A.** [Assistance to States by deployment of armed forces or other forces of the Union.].—Omitted by the Constitution (Forty-fourth Amendment) *Act,* 1978, s. 33 (*w.e.f.* 20-6-1979).]
258. Power of the Union to confer powers, etc., on States in certain cases.—(1) Notwithstanding anything in this Constitution, the President may, with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends.
(2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorise the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof.
(3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of any extra costs of administration incurred by the State in connection with the exercise of those powers and duties.
2[**258A. Power of the States to entrust functions to the Union**.—
Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends.]
[**259.** Armed Forces in States in Part B of the First Schedule.].—
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
260. Jurisdiction of the Union in relation to territories outside India.—The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force.
______________________________________________
## (Part Xi.—Relations Between The Union And The States)
261. Public acts, records and judicial proceedings.—(1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.
(2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made by Parliament.
(3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.
## Disputes Relating To Waters
262. Adjudication of disputes relating to waters of inter-State rivers or river valleys.—(1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.
(2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1).
## Co-Ordination Between States
263. Provisions with respect to an inter-State Council.—If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of—
(a) inquiring into and advising upon disputes which may have arisen between States;
(b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or
(c) making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject,
it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure.
## Part Xii Finance, Property, Contracts And Suits Chapter I.—Finance General
1[264. **Interpretation**.—In this Part, "Finance Commission" means a Finance Commission constituted under article 280.]
265. Taxes not to be imposed save by authority of law.—No tax shall be levied or collected except by authority of law.
266. Consolidated Funds and public accounts of India and of the States.—(1) Subject to the provisions of article 267 and to the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to States, all revenues received by the Government of India, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled "the Consolidated Fund of India", and all revenues received by the Government of a State, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled "the Consolidated Fund of the State".
(2) All other public moneys received by or on behalf of the Government of India or the Government of a State shall be credited to the public account of India or the public account of the State, as the case may be.
(3) No moneys out of the Consolidated Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution.
267. Contingency Fund.—(1) Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of India" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under article 115 or article 116.
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(2) The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of the State" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor 1*** of the State to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislature of the State by law under article 205 or article 206.
## Distribution Of Revenues Between The Union And The States
268. Duties levied by the Union but collected and appropriated by the States.—(1) Such stamp duties 2*** as are mentioned in the Union List shall be levied by the Government of India but shall be collected—
(a) in the case where such duties are leviable within any 3[Union territory], by the Government of India, and
(b) in other cases, by the States within which such duties are respectively leviable.
(2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to that State.
4**268A**. [Service tax levied by Union and collected and appropriated by the Union and the States.].—Omitted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 7 (w.e.f. 16-9-2016).
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2. The words "and such duties of excise on medicinal and toilet preparations"
omitted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 6, (w.e.f. 16-9-2016).
3. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "State
Specified in Part C of the First Schedule" (w.e.f. 1-11-1956).
4. Ins. by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 2 (date not
notified).
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269. Taxes levied and collected by the Union but assigned to the States.—1[(1) Taxes on the sale or purchase of goods and taxes on the consignment of goods 2[except as provided in article 269A] shall be levied and collected by the Government of India but shall be assigned and shall be deemed to have been assigned to the States on or after the 1st day of April, 1996 in the manner provided in clause (2).
Explanation.—For the purposes of this clause,—
(a) the expression "taxes on the sale or purchase of goods" shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce;
(b) the expression "taxes on the consignment of goods" shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce.
(2) The net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to Union territories, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax is leviable in that year, and shall be distributed among those States in accordance with such principles of distribution as may be formulated by Parliament by law.]
3[(3) Parliament may by law formulate principles for determining when a
4[sale or purchase of, or consignment of goods] takes place in the course of inter-State trade or commerce.]
5[269A. Levy and collection of goods and services tax in course of inter-State trade or commerce.— (1) Goods and services tax on supplies in the course of inter-State trade or commerce shall be levied and collected by the Government of India and such tax shall be apportioned between the Union and the States in the manner as may be provided by Parliament by law on the recommendations of the Goods and Services Tax Council.
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(w.e.f. 9-6-2000).
2. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016 s. 8,
(w.e.f. 16-9-2016).
3. Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 3 (w.e.f. 11-9-1956). 4. Subs. by the Constitution (Forty-sixth Amendment) Act, 1982. s. 2, for "sale or
purchase of goods" (w.e.f. 2-2-1983).
5. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 9
(w.e.f. 16-9-2016).
## (Part Xii.—Finance, Property, Contracts And Suits)
Explanation.—For the purposes of this clause, supply of goods, or of services, or both in the course of import into the territory of India shall be deemed to be supply of goods, or of services, or both in the course of inter- State trade or commerce.
(2) The amount apportioned to a State under clause (1) shall not form part of the Consolidated Fund of India.
(3) Where an amount collected as tax levied under clause (1) has been used for payment of the tax levied by a State under article 246A, such amount shall not form part of the Consolidated Fund of India.
(4) Where an amount collected as tax levied by a State under article
246A has been used for payment of the tax levied under clause (1), such amount shall not form part of the Consolidated Fund of the State.
(5) Parliament may, by law, formulate the principles for determining the place of supply, and when a supply of goods, or of services, or both takes place in the course of inter-State trade or commerce.]
1[270. Taxes levied and distributed between the Union and the States.—(1) All taxes and duties referred to in the Union List, except the duties and taxes referred to in 2[articles 268, 269 and 269A], respectively, surcharge on taxes and duties referred to in article 271 and any cess levied for specific purposes under any law made by Parliament shall be levied and collected by the Government of India and shall be distributed between the Union and the States in the manner provided in clause (2).
3[(1A) The tax collected by the Union under clause (1) of article 246A
shall also be distributed between the Union and the States in the manner provided in clause (2).
(1B) The tax levied and collected by the Union under clause (2) of article 246A and article 269A, which has been used for payment of the tax levied by the Union under clause (1) of article 246A, and the amount apportioned to the Union under clause (1) of article 269A, shall also be distributed between the Union and the States in the manner provided in clause (2).]
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1. Subs. by the Constitution (Eightieth Amendment) Act, 2000, s. 3, for art. 270
(w.e.f. 1-4-1996).
2. Subs. by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 3, for "articles 268
and 269" (date not notified) and further subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 10, for "arts. 268, 268A and 269" (w.e.f. 16-9-2016).
3. Ins. by s. 10, *ibid.* (w.e.f. 16-9-2016).
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(2) Such percentage, as may be prescribed, of the net proceeds of any such tax or duty in any financial year shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax or duty is leviable in that year, and shall be distributed among those States in such manner and from such time as may be prescribed in the manner provided in clause (3).
(3) In this article, "prescribed" means, -
(i) until a Finance Commission has been constituted, prescribed by the President by order, and
(ii) after a Finance Commission has been constituted, prescribed by the President by order after considering the recommendations of the Finance Commission.] 271. Surcharge on certain duties and taxes for purposes of the Union.—Notwithstanding anything in articles 269 and 270, Parliament may at any time increase any of the duties or taxes referred to in those articles 1[except the goods and services tax under article 246A,] by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India.
[**272.** Taxes which are levied and collected by the Union and may be distributed between the Union and the States.].*—Omitted by the Constitution* (Eightieth Amendment) *Act*, 2000*, s.* 4. (w.e.f. 9-6-2000).
273. Grants in lieu of export duty on jute and jute products.—(1)
There shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of the States of Assam, Bihar, 2[Odisha] and West Bengal, in lieu of assignment of any share of the net proceeds in each year of export duty on jute and jute products to those States, such sums as may be prescribed.
(2) The sums so prescribed shall continue to be charged on the Consolidated Fund of India so long as any export duty on jute or jute products continues to be levied by the Government of India or until the expiration of ten years from the commencement of this Constitution whichever is earlier.
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1. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 11
(w.e.f. 16-9-2016).
2. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 5, for "Orissa"
(w.e.f. 1-11-2011).
## (Part Xii.—Finance, Property, Contracts And Suits)
(3) In this article, the expression "prescribed" has the same meaning as in article 270.
274. Prior recommendation of President required to Bills affecting taxation in which States are interested.—(1) No Bill or amendment which imposes or varies any tax or duty in which States are interested, or which varies the meaning of the expression "agricultural income" as defined for the purposes of the enactments relating to Indian income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to States, or which imposes any such surcharge for the purposes of the Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House of Parliament except on the recommendation of the President.
(2) In this article, the expression "tax or duty in which States are interested" means—
(a) a tax or duty the whole or part of the net proceeds whereof are assigned to any State; or
(b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the Consolidated Fund of India to any State.
275. Grants from the Union to certain States.—(1) Such sums as Parliament may by law provide shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of such States as Parliament may determine to be in need of assistance, and different sums may be fixed for different States:
Provided that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State:
Provided further that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the State of Assam sums, capital and recurring, equivalent to—
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(a) the average excess of expenditure over the revenues during the two years immediately preceding the commencement of this Constitution in respect of the administration of the tribal areas specified in 1[Part I] of the table appended to paragraph 20 of the Sixth Schedule; and
(b) the costs of such schemes of development as may be undertaken by that State with the approval of the Government of India for the purpose of raising the level of administration of the said areas to that of the administration of the rest of the areas of that State.
2[(1A) On and from the formation of the autonomous State under article
244A,—
(i) any sums payable under clause (a) of the second proviso to clause (1) shall, if the autonomous State comprises all the tribal areas referred to therein, be paid to the autonomous State, and, if the autonomous State comprises only some of those tribal areas, be apportioned between the State of Assam and the autonomous State as the President may, by order, specify;
(ii) there shall be paid out of the Consolidated Fund of India as
grants-in-aid of the revenues of the autonomous State sums, capital and
recurring, equivalent to the costs of such schemes of development as
may be undertaken by the autonomous State with the approval of the
Government of India for the purpose of raising the level of
administration of that State to that of the administration of the rest of the
State of Assam.]
(2) Until provision is made by Parliament under clause (1), the powers
conferred on Parliament under that clause shall be exercisable by the President by order and any order made by the President under this clause shall have effect subject to any provision so made by Parliament:
Provided that after a Finance Commission has been constituted no order shall be made under this clause by the President except after considering the recommendations of the Finance Commission.
276. Taxes on professions, trades, callings and employments.—(1)
Notwithstanding anything in article 246, no law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income.
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(2) The total amount payable in respect of any one person to the State or to any one municipality, district board, local board or other local authority in the State by way of taxes on professions, trades, callings and employments shall not exceed 1[two thousand and five hundred rupees] per annum.
2*
*
*
*
(3) The power of the Legislature of a State to make laws as aforesaid
with respect to taxes on professions, trades, callings and employments shall not be construed as limiting in any way the power of Parliament to make laws with respect to taxes on income accruing from or arising out of professions, trades, callings and employments.
277. Savings.—Any taxes, duties, cesses or fees which, immediately before the commencement of this Constitution, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law.
278. [Agreement with States in Part B of the First Schedule with regard to certain financial matters.].—Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 *and Sch.(*w.e.f. 1-11-1956).
279. Calculation of "net proceeds", etc.—(1) In the foregoing provisions of this Chapter, "net proceeds" means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Comptroller and Auditor-General of India, whose certificate shall be final.
(2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters.
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1[279A. Goods and Services Tax **Council.—**(1) The President shall, within sixty days from the date of commencement of the Constitution (One Hundred and First Amendment) Act, 2016, by order, constitute a Council to be called the Goods and Services Tax Council.
(2) The Goods and Services Tax Council shall consist of the following members, namely:—
(a) the Union Finance Minister - Chairperson; (b) the Union Minister of State in charge of Revenue or
Finance - Member;
(c) the Minister in charge of Finance or Taxation or any other Minister nominated by each State Government - Members. (3) The Members of the Goods and Services Tax Council referred to in sub-clause (c) of clause (2) shall, as soon as may be, choose one amongst themselves to be the Vice-Chairperson of the Council for such period as they may decide.
(4) The Goods and Services Tax Council shall make recommendations to the Union and the States on—
(a) the taxes, cesses and surcharges levied by the Union, the States and the local bodies which may be subsumed in the goods and services tax;
(b) the goods and services that may be subjected to, or exempted from, the goods and services tax;
(c) model Goods and Services Tax Laws, principles of levy, apportionment of Goods and Services Tax levied on supplies in the course of inter-State trade or commerce under article 269A and the principles that govern the place of supply;
(d) the threshold limit of turnover below which goods and services may be exempted from goods and services tax;
(e) the rates including floor rates with bands of goods and services tax ;
(f) any special rate or rates for a specified period, to raise additional resources during any natural calamity or disaster;
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(g) special provision with respect to the States of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand; and
(h) any other matter relating to the goods and services tax, as the Council may decide.
(5) The Goods and Services Tax Council shall recommend the date on which the goods and services tax be levied on petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel.
(6) While discharging the functions conferred by this article, the Goods and Services Tax Council shall be guided by the need for a harmonised structure of goods and services tax and for the development of a harmonised national market for goods and services.
(7) One-half of the total number of Members of the Goods and Services Tax Council shall constitute the quorum at its meetings.
(8) The Goods and Services Tax Council shall determine the procedure in the performance of its functions.
(9) Every decision of the Goods and Services Tax Council shall be taken at a meeting, by a majority of not less than three-fourths of the weighted votes of the members present and voting, in accordance with the following principles, namely:—
(a) the vote of the Central Government shall have a weightage of one-third of the total votes cast, and
(b) the votes of all the State Governments taken together shall have a weightage of two-thirds of the total votes cast,
in that meeting.
(10) No act or proceedings of the Goods and Services Tax Council shall be invalid merely by reason of—
(a) any vacancy in, or any defect in, the constitution of the Council; or
(b) any defect in the appointment of a person as a Member of the Council; or
(c) any procedural irregularity of the Council not affecting the merits of the case. (11) The Goods and Services Tax Council shall establish a mechanism to adjudicate any dispute—
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(a) between the Government of India and one or more States; or (b) between the Government of India and any State or States on one side and one or more other States on the other side; or
(c) between two or more States,
arising out of the recommendations of the Council or implementation thereof.]
280. Finance Commission.—(1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President.
(2) Parliament may by law determine the qualifications which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected.
(3) It shall be the duty of the Commission to make recommendations to the President as to—
(a) the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the allocation between the States of the respective shares of such proceeds;
(b) the principles which should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India;
1[(bb) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;]
2[(c) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;]
3[(d)] any other matter referred to the Commission by the President in the interests of sound finance. (4) The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them.
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281. Recommendations of the Finance Commission.—The President shall cause every recommendation made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament.
## Miscellaneous Financial Provisions
282. Expenditure defrayable by the Union or a State out of its revenues.—The Union or a State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws.
283. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.—(1) The custody of the Consolidated Fund of India and the Contingency Fund of India, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of India, their payment into the public account of India and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by Parliament, and, until provision in that behalf is so made, shall be regulated by rules made by the President.
(2) The custody of the Consolidated Fund of a State and the Contingency Fund of a State, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of the State, their payment into the public account of the State and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of the State, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor 1*** of the State.
284. Custody of suitors' deposits and other moneys received by public servants and courts.—All moneys received by or deposited with—
(a) any officer employed in connection with the affairs of the
Union or of a State in his capacity as such, other than revenues or public moneys raised or received by the Government of India or the Government of the State, as the case may be, or
(b) any court within the territory of India to the credit of any
cause, matter, account or persons,
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shall be paid into the public account of India or the public account of State, as the case may be.
285. Exemption of property of the Union from State taxation.—(1)
The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or by any authority within a State.
(2) Nothing in clause (1) shall, until Parliament by law otherwise provides, prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State.
286. Restrictions as to imposition of tax on the sale or purchase of goods.—(1) No law of a State shall impose, or authorise the imposition of, a tax on 1[the supply of goods or of services or both, where such supply takes
place]—
(a) outside the State; or
(b) in the course of the import of the 2[goods or services or both]
into, or export of the 2[goods or services or both] out of, the territory of
India.
3[* *
* *]
4[(2) Parliament may by law formulate principles for determining when a
5[supply of goods or of services or both] in any of the ways mentioned in
clause (1).
6[(3) *
*
* *]
**287. Exemption from taxes on electricity**.—Save in so far as Parliament may by law otherwise provide, no law of a State shall impose, or authorise the imposition of, a tax on the consumption or sale of electricity (whether produced by a Government or other persons) which is—
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1. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 13,
for "the sale or purchase of goods where such sale or purchase takes place" (w.e.f. 16-9-2016).
2. Subs. by s. 13 (i)(B), *ibid*., for "goods" (w.e.f. 16-9-2016). 3. *Explanation* to cl. (1) omitted by the Constitution (Sixth Amendment) Act, 1956, s. 4
(w.e.f. 11-9-1956).
4. Subs. by s.4, *ibid.,* for cls. (2) and (3) (w.e.f. 11-9-1956). 5. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 13(ii),
for "sale or purchase of goods takes place" (w.e.f. 16-9-2016).
6. Cl. (3) omitted by s. 13 (iii), *ibid*. (w.e.f. 16-9-2016).
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(a) consumed by the Government of India, or sold to the Government of India for consumption by that Government; or
(b) consumed in the construction, maintenance or operation of any
railway by the Government of India or a railway company operating that
railway, or sold to that Government or any such railway company for
consumption in the construction, maintenance or operation of any
railway,
and any such law imposing, or authorising the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold to the Government of India for consumption by that Government, or to any such railway company as aforesaid for consumption in the construction, maintenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity.
288. Exemption from taxation by States in respect of water or electricity in certain cases.—(1) Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Constitution shall impose, or authorise the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley.
Explanation.—The expression "law of a State in force" in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.
(2) The Legislature of a State may by law impose, or authorise the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President, received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order.
289. Exemption of property and income of a State from Union taxation.—(1) The property and income of a State shall be exempt from Union taxation.
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(2) Nothing in clause (1) shall prevent the Union from imposing, or authorising the imposition of, any tax to such extent, if any, as Parliament may by law provide in respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith.
(3) Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which Parliament may by law declare to be incidental to the ordinary functions of Government.
290. Adjustment in respect of certain expenses and pensions.—
Where under the provisions of this Constitution the expenses of any court or Commission, or the pension payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India or after such commencement in connection with the affairs of the Union or of a State, are charged on the Consolidated Fund of India or the Consolidated Fund of a State, then, if—
(a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or
(b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State, there shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the Consolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India.
1[**290A. Annual payment to certain Devaswom Funds.**—A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Kerala every year to the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of 2[Tamil Nadu] every year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of Travancore-Cochin.]
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## (Part Xii.—Finance, Property, Contracts And Suits)
291. [*Privy purse sums of Rulers.*].—Omitted by the Constitution
(Twenty-sixth Amendment) Act, *1971, s. 2 (w.e.f. 28-12-1971).*
## Chapter Ii.—Borrowing
292. Borrowing by the Government of India.—The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed.
293. Borrowing by States.—(1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed.
(2) The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under article 292 are not exceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of making such loans shall be charged on the Consolidated Fund of India.
(3) A State may not without the consent of the Government of India raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or by its predecessor Government, or in respect of which a guarantee has been given by the Government of India or by its predecessor Government.
(4) A consent under clause (3) may be granted subject to such conditions, if any, as the Government of India may think fit to impose.
## Chapter Iii.—Property, Contracts, Rights, Liabilities, Obligations And Suits
294. Succession to property, assets, rights, liabilities and obligations in certain cases.—As from the commencement of this Constitution—
(a) all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of each Governor's Province shall vest respectively in the Union and the corresponding State, and
## (Part Xii.—Finance, Property, Contracts And Suits)
(b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor's Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Government of India and the Government of each corresponding State, subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab and East Punjab.
295. Succession to property, assets, rights, liabilities and obligations in other cases.—(1) As from the commencement of this Constitution—
(a) all property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the Union relating to any of the matters enumerated in the Union List, and
(b) all rights, liabilities and obligations of the Government of any Indian State corresponding to a State specified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the Government of India relating to any of the matters enumerated in the Union List, subject to any agreement entered into in that behalf by the Government of India with the Government of that State.
(2) Subject as aforesaid, the Government of each State specified in Part B
of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1).
296. Property accruing by escheat or lapse or as *bona vacantia.*—
Subject as hereinafter provided, any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union:
## (Part Xii.—Finance, Property, Contracts And Suits)
Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or of a State, vest in the Union or in that State.
Explanation.—In this article, the expressions "Ruler" and "Indian State"
have the same meanings as in article 363.
1[297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.—(1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes of the Union.
(2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union.
(3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.]
2[**298. Power to carry on trade, etc.**—The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose:
Provided that—
(a) the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and
(b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament.]
______________________________________________
## (Part Xii.—Finance, Property, Contracts And Suits)
299. Contracts.—(1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor 1*** of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor 1*** by such persons and in such manner as he may direct or authorise.
(2) Neither the President nor the Governor 2*** shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.
300. Suits and proceedings.—(1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted.
(2) If at the commencement of this Constitution—
(a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and
(b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings.
## 3[Chapter Iv.—Right To Property
300A. Persons not to be deprived of property save by authority of
law.— No person shall be deprived of his property save by authority of law.]
______________________________________________
1. The words "or the Rajpramukh" omitted by the Constitution (Seventh Amendment)
## Part Xiii Trade, Commerce And Intercourse Within The Territory Of India
301. **Freedom of trade, commerce and intercourse.**—Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free.
302. Power of Parliament to impose restrictions on trade, commerce and intercourse.—Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest.
303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.—(1) Notwithstanding anything in article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorising the giving of, any preference to one State over another, or making, or authorising the making of, any discrimination
between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule.
(2) Nothing in clause (1) shall prevent Parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India.
304. Restrictions on trade, commerce and intercourse among States.—Notwithstanding anything in article 301 or article 303, the Legislature of a State may by law—
(a) impose on goods imported from other States 1[or the Union territories] any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and
(b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest:
______________________________________________
(Part XIII.—Trade, Commerce and Intercourse within the Territory of India)
Provided that no Bill or amendment for the purposes of clause (b) shall be introduced or moved in the Legislature of a State without the previous sanction of the President.
1[305. Saving of existing laws and laws providing for State monopolies.—Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub-clause (ii) of clause (6) of article 19.]
306. [Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce.].—Omitted by the Constitution
(Seventh Amendment) *Act,* 1956, s. 29 and Sch.(w.e.f.1-11-1956).
307. Appointment of authority for carrying out the purposes of articles 301 to 304.—Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary.
______________________________________________
## Part Xiv Services Under The Union And The States Chapter I.— Services
308. Interpretation.—In this Part, unless the context otherwise requires, the expression "State" 1[does not include the State of Jammu and Kashmir].
309. Recruitment and conditions of service of persons serving the
Union or a State.—Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:
Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor 2*** of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.
310. Tenure of office of persons serving the Union or a State.—(1)
Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an
all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor 3*** of the State.
(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor 2*** of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor 4***, as the case may be, deems it
______________________________________________
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "means
2. The words "or Rajpramukh" omitted by s.29 and Sch., *ibid* (w.e.f. 1-11-1956). 3. The words "or, as the case may be, the Rajpramukh" omitted by s.29 and Sch., *ibid. .*
(w.e.f. 1-11-1956).
4. The words "or the Rajpramukh" omitted by s.29 and Sch., *ibid.* (w.e.f. 1-11-1956).
(Part XIV.—Services under the Union and the States)
necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.—(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.
1[(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges 2***:
3[Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:
Provided further that this clause shall not apply—]
(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
(b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry. (3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.]
______________________________________________
1. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls. (2) and (3)
2. Certain words omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 44
(w.e.f. 3-1-1977).
## (Part Xiv.—Services Under The Union And The States)
312. All-India services.—(1) Notwithstanding anything in 1[Chapter VI
of Part VI or Part XI], if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all India services 2[(including an all-India judicial service)] common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service.
(2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article.
2[(3) The all-India judicial service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in article 236.
(4) The law providing for the creation of the all-India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of
Part VI as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.]
## 3[312A. Power Of Parliament To Vary Or Revoke Conditions Of Service
of officers of certain services.—(1) Parliament may by law—
(a) vary or revoke, whether prospectively or retrospectively, the conditions of services as respects remuneration, leave and pension and the rights as respects disciplinary matters of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, continue on and after the commencement of the Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the Government of India or of a State in any service or post;
## ______________________________________________ (Part Xiv.—Services Under The Union And The States)
(b) vary or revoke, whether prospectively or retrospectively, the conditions of service as respects pension of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, retired or otherwise ceased to be in service at any time before the commencement of the Constitution (Twenty-eighth Amendment) Act, 1972:
Provided that in the case of any such person who is holding or has held the office of the Chief Justice or other Judge of the Supreme Court or a High Court, the Comptroller and Auditor-General of India, the Chairman or other member of the Union or a State Public Service Commission or the Chief Election Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be construed as empowering Parliament to vary or revoke, after his appointment to such post, the conditions of his service to his disadvantage except in so far as such conditions of service are applicable to him by reason of his being a person appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India.
(2) Except to the extent provided for by Parliament by law under this article, nothing in this article shall affect the power of any Legislature or other authority under any other provision of this Constitution to regulate the conditions of service of persons referred to in clause (1).
(3) Neither the Supreme Court nor any other court shall have jurisdiction in—
(a) any dispute arising out of any provision of, or any endorsement on, any covenant, agreement or other similar instrument which was entered into or executed by any person referred to in
clause (1), or arising out of any letter issued to such person, in relation to his appointment to any civil service of the Crown in India or his continuance in service under the Government of the Dominion of India or a Province thereof;
(b) any dispute in respect of any right, liability or obligation under article 314 as originally enacted.
(4) The provisions of this article shall have effect notwithstanding anything in article 314 as originally enacted or in any other provision of this Constitution.]
## (Part Xiv.—Services Under The Union And The States)
313. Transitional provisions.—Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an all-India service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution.
314. [Provision for protection of existing officers of certain services.].—
Omitted by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f. 29-8-1972).
## Chapter Ii.— Public Service Commissions
315. Public Service Commissions for the Union and for the States.—
(1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.
(2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.
(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law.
(4) The Public Service Commission for the Union, if requested so to do by the Governor 1*** of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.
(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.
316. Appointment and term of office of members.—(1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State:
______________________________________________
## (Part Xiv.—Services Under The Union And The States)
Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.
1[(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose.]
(2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of 2[sixty-two years], whichever is earlier:
Provided that—
(a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor 3*** of the State, resign his office;
(b) a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317. (3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for
re-appointment to that office.
## ______________________________________________ (Part Xiv.—Services Under The Union And The States)
317. Removal and suspension of a member of a Public Service Commission.—(1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.
(2) The President, in the case of the Union Commission or a Joint Commission, and the Governor 1*** in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in
respect of whom a reference has been made to the Supreme Court under
clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,—
(a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body. (4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour.
318. Power to make regulations as to conditions of service of members and staff of the Commission.—In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor 1*** of the State may by regulations—
______________________________________________
(Part XIV.—Services under the Union and the States)
(a) determine the number of members of the Commission and their conditions of service; and
(b) make provision with respect to the number of members of the staff of the Commission and their conditions of service: Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
## 319. Prohibition As To The Holding Of Offices By Members Of Commission On Ceasing To Be Such Members.—On Ceasing To Hold Office—
(a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State;
(b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
(c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
(d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State. 320. Functions of Public Service Commissions.—(1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively.
(2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.
(3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted—
(Part XIV.—Services under the Union and the States)
(a) on all matters relating to methods of recruitment to civil services and for civil posts;
(b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award, and it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on any other matter which the President, or, as the case may be, the Governor 1*** of the State, may refer to them:
Provided that the President as respects the all-India services and also as respects other services and posts in connection with the affairs of the Union, and the Governor 2***, as respects other services and posts in connection with the affairs of a State, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted.
(4) Nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner in which any provision referred to in clause (4) of article 16 may be made or as respects the manner in which effect may be given to the provisions of article 335.
______________________________________________
(w.e.f. 1-11-1956).
## (Part Xiv.—Services Under The Union And The States)
(5) All regulations made under the proviso to clause (3) by the President or the Governor 1*** of a State shall be laid for not less than fourteen days before each House of Parliament or the House or each House of the Legislature of the State, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the House or both Houses of the Legislature of the State may make during the session in which they are so laid.
321. Power to extend functions of Public Service Commissions.—An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.
322. Expenses of Public Service Commissions.—The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.
323. Reports of Public Service Commissions.—(1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.
(2) It shall be the duty of a State Commission to present annually to the Governor 1*** of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor 1*** of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor 2***, shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State.
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1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The words "or Rajpramukh, as the case may be" omitted by s. 29 and Sch. *ibid.*
(w.e.f. 1-11-1956).
## 1[**Part Xiva** Tribunals
323A. Administrative tribunals.—(1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.
(2) A law made under clause (1) may—
(a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States;
(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;
(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause (1);
(e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;
(f) repeal or amend any order made by the President under clause (3)
of article 371D;
(g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of
______________________________________________
(Part XIVA.—Tribunals)
cases by, and the enforcement of the orders of, such tribunals.
(3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.
323B. Tribunals for other matters.—(1) The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in clause (2) with respect to which such Legislature has power to make laws.
(2) The matters referred to in clause (1) are the following, namely:—
(a) levy, assessment, collection and enforcement of any tax; (b) foreign exchange, import and export across customs frontiers; (c) industrial and labour disputes; (d) land reforms by way of acquisition by the State of any estate as defined in article 31A or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way;
(e) ceiling on urban property; (f) elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in article 329 and article 329A;
(g) production, procurement, supply and distribution of food-stuffs
(including edible oilseeds and oils) and such other goods as the President may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods;
1[(h) rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants;]
2[(i)] offences against laws with respect to any of the matters specified in sub-clauses (a) to 3[(h)] and fees in respect of any of those
matters;
1[(j)] any matter incidental to any of the matters specified in
sub-clauses (a) to 2[(i)].
(3) A law made under clause (1) may—
(a) provide for the establishment of a hierarchy of tribunals; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;
(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to all or any of the matters falling within the jurisdiction of the said tribunals;
(e) provide for the transfer to each such tribunal of any cases pending before any court or any other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;
(f) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as the appropriate Legislature may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. (4) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.
Explanation.—In this article, "appropriate Legislature", in relation to any matter, means Parliament or, as the case may be, a State Legislature competent to make laws with respect to such matter in accordance with the provisions of Part XI.]
## ______________________________________________ Part Xv Elections
324. Superintendence, direction and control of elections to be vested in an Election Commission.—(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution 1*** shall be vested in a Commission (referred to in this Constitution as the Election Commission).
(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.
(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission.
(4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause (1).
(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine:
Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment:
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## (Part Xv.—Elections)
Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.
(6) The President, or the Governor 1*** of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1).
325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.—There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.
326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.—The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than 2[eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.
327. Power of Parliament to make provision with respect to elections to Legislatures.—Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.
______________________________________________
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by the Constitution (Sixty-first Amendment) Act, 1988, s. 2, for "twenty-one
years" (w.e.f. 28-3-1989).
## (Part Xv.—Elections)
328. Power of Legislature of a State to make provision with respect to elections to such Legislature.—Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.
329. Bar to interference by courts in electoral matters.—
1[Notwithstanding anything in this Constitution 2***—]
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 327 or article 328, shall not be called in question in any court;
(b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.
3**329A.** [Special provision as to elections to Parliament in the case of Prime Minister and Speaker.].—Omitted by the Constitution (Forty-fourth Amendment) *Act, 1978, s.* 36 (*w.e.f.* 20-6-1979).
## ______________________________________________ Part Xvi Special Provisions Relating To Certain Classes 330. Reservation Of Seats For Scheduled Castes And Scheduled Tribes
in the House of the People.—(1) Seats shall be reserved in the House of the People for -
(a) the Scheduled Castes;
1[(b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and]
(c) the Scheduled Tribes in the autonomous districts of Assam.
(2) The number of seats reserved in any State 2[or Union territory] for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State 2[or Union territory] in the House of the People as the population of the Scheduled Castes in the State 2[or Union territory] or of the Scheduled Tribes in the State 2[or Union territory] or part of the State 2[or Union territory], as the case may be, in respect of which seats are so reserved, bears to the total population of the State 2[or Union territory].
3[(3) Notwithstanding anything contained in clause (2), the number of seats reserved in the House of the People for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than the population of the Scheduled Tribes in the said autonomous districts bears to the total population of the State.]
4[*Explanation.—*In this article and in article 332, the expression
"population" means the population as ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this *Explanation* to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 5[2026] have been published, be construed as a reference to the 6[2001] census.]
______________________________________________
## (Part Xvi.—Special Provisions Relating To Certain Classes)
331. Representation of the Anglo-Indian Community in the House of the People.—Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People.
332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.—(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, 1[except the Scheduled Tribes in the autonomous districts of Assam], in the Legislative Assembly of every State 2***.
(2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam.
(3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State.
3[(3A) Notwithstanding anything contained in clause (3), until the taking effect, under article 170, of the re-adjustment, on the basis of the first census after the year 4[2026], of the number of seats in the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly of any such State shall be,—
(a) if all the seats in the Legislative Assembly of such State in existence on the date of coming into force of the Constitution (Fiftyseventh Amendment) Act, 1987 (hereafter in this clause referred to as the existing Assembly) are held by members of the Scheduled Tribes, all the seats except one;
(b) in any other case, such number of seats as bears to the total number of seats, a proportion not less than the number (as on the said date) of members belonging to the Scheduled Tribes in the existing Assembly bears to the total number of seats in the existing Assembly.]
## ______________________________________________ (Part Xvi.—Special Provisions Relating To Certain Classes)
1[(3B) Notwithstanding anything contained in clause (3), until the
re-adjustment, under article 170, takes effect on the basis of the first census after the year 2[2026], of the number of seats in the Legislative Assembly of the State of Tripura, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly shall be, such number of seats as bears to the total number of seats, a proportion not less than the number, as on the date of coming into force of the Constitution (Seventy-second Amendment) Act, 1992, of members belonging to the Scheduled Tribes in the Legislative Assembly in existence on the said date bears to the total number of seats in that Assembly.]
(4) The number of seats reserved for an autonomous district in the Legislative Assembly of the State of Assam shall bear to the total number of seats in that Assembly a proportion not less than the population of the district bears to the total population of the State.
(5) The constituencies for the seats reserved for any autonomous district of Assam shall not comprise any area outside that district 3***.
(6) No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assembly of the State from any constituency of that district 3***:
4[Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of Bodoland Territorial Areas District, shall be maintained.]
333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States.—Notwithstanding anything in article
170, the Governor 5*** of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, 6[nominate one member of that community to the Assembly].
______________________________________________
2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for "2000"
(w.e.f. 21-2-2002).
3. Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971),
s. 71 (w.e.f. 21-1-1972).
4. Ins. by the Constitution (Ninetieth Amendment) Act, 2003, s. 2 (w.e.f. 28-9-2003). 5. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956,
s. 29 and Sch. (w.e.f. 1-11-1956).
6. Subs. by the Constitution (Twenty-third Amendment) Act, 1969, s. 4, for "nominate such
number of members of the community to the Assembly as he considers appropriate"
(w.e.f. 23-1-1970).
## (Part Xvi.—Special Provisions Relating To Certain Classes)
334. 1[Reservation of seats and special representation to cease after certain period].—Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to—
(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and
(b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination, shall cease to have effect on the expiration of a period of 2[eighty years in respect of clause (a) and seventy years in respect of clause (b)] from the commencement of this Constitution:
Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.—The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State:
3[Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters or promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.]
336. Special provision for Anglo-Indian community in certain services.—(1) During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947.
______________________________________________
2. Subs. by s. 2, *ibid.,* for "seventy years" (w.e.f. 25-1-2020). The words "seventy years"
subs. for "sixty years" by the Constitution (Ninety-fifth Amendment) Act, 2009, s.2 (w.e.f. 25-1-2010). The words "sixty years" subs. for "fifty years" by the Constitution (Seventy-ninth Amendment) Act, 1999, s. 2 (w.e.f. 25-1-2000). The words "fifty years" subs. for "forty years" by the Constitution (Sixty-second Amendment) Act, 1989, s. 2 (w.e.f. 20-12-1989). The words "forty years" subs. for "thirty years" by the Constitution (Forty-fifth Amendment) Act, 1980, s. 2 (w.e.f. 25-1-1980).
3. Ins. by the Constitution (Eighty-second Amendment) Act, 2000, s. 2 (w.e.f. 8-9-2000).
## (Part Xvi.—Special Provisions Relating To Certain Classes)
During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent. than the numbers so reserved during the immediately preceding period of two years:
Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease.
(2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities.
337. Special provision with respect to educational grants for the benefit of Anglo-Indian community.—During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State 1*** for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the thirty-first day of March, 1948.
During every succeeding period of three years the grants may be less by ten per cent. than those for the immediately preceding period of three years:
Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent to which they are a special concession to the Anglo-Indian community, shall cease:
Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent. of the annual admissions therein are made available to members of communities other than the Anglo-Indian community.
338. 2[**National Commission for Scheduled Castes].**—3[4[(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.
______________________________________________
3. Subs. by the Constitution (Sixty-fifth Amendment) Act, 1990, s. 2, for cls. (1) and (2)
(w.e.f. 12-3-1992).
4. Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for cls. (1) and
(2) (w.e.f. 19-2-2004).
## (Part Xvi.—Special Provisions Relating To Certain Classes)
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.]
(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes 1*** under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes 1***;
(c) to participate and advise on the planning process of
socio-economic development of the Scheduled Castes 1*** and to evaluate the progress of their development under the Union and any State;
(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and
socio-economic development of the Scheduled Castes 1***; and
(f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes 1***
as the President may, subject to the provisions of any law made by Parliament, by rule specify. (6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
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## (Part Xvi.—Special Provisions Relating To Certain Classes)
(7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely :—
(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
(b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes 1***].
2[(10)] In this article, references to the Scheduled Castes 1*** shall be construed as including references 3*** to the Anglo-Indian community.
Amendment) Act, 2018, s. 2 (w.e.f. 15-8-2018).
## (Part Xvi.—Special Provisions Relating To Certain Classes)
1[**338A. National Commission for Scheduled Tribes.—**(1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes;
(c) to participate and advise on the planning process of socioeconomic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the
measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and
(f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by
______________________________________________
## (Part Xvi.—Special Provisions Relating To Certain Classes)
Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
(b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.]
1[338B. **National Commission for Backward Classes.**—(1) There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and
______________________________________________
## (Part Xvi.—Special Provisions Relating To Certain Classes)
seal.
(4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards provided for the socially and educationally backward classes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally backward classes;
(c) to participate and advise on the socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union and any State;
(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports the recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes; and
(f) to discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify. (6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the State Government which shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, it any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in
## (Part Xvi.—Special Provisions Relating To Certain Classes)
respect of the following matters, namely :—
(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
(b) requiring the discovery and production of any document; (c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may by rule, determine.
(9) The Union and every State Government shall consult the Commission on all major policy matters affecting the socially and educationally backward classes:]
1[Provided that nothing in this clause shall apply for the purposes of clause (3) of article 342A.]
339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes.—(1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States 2***.
The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable.
(2) The executive power of the Union shall extend to the giving of directions to 3[a State] as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State.
340. Appointment of a Commission to investigate the conditions of backward classes.—(1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define
______________________________________________
1. Ins. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 2
(w.e.f. 15-9-2021).
2. The words and letters for "specified in Part A or Part B of the First Schedule" omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
3. Subs. by s. 29 and Sch. *ibid.* for "any such State" (w.e.f. 1-11-1956).
## (Part Xvi.—Special Provisions Relating To Certain Classes)
the procedure to be followed by the Commission.
(2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.
(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.
341. Scheduled Castes.—(1) The President 1[may with respect to any State 2[or Union territory], and where it is a State 3***, after consultation with the Governor 4*** thereof], by public notification5, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State 2[or Union territory, as the case may be.]
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
consultation with the Governor or Rajpramukh of a State" (w.e.f. 18-6-1951).
2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
(w.e.f. 1-11-1956).
3. The words and letters "specified in Part A or Part B of the First Schedule" omitted by
s. 29 and Sch,.*ibid.* (w.e.f. 1-11-1956).
4. The words "or Rajpramukh" omitted by s. 29 and Sch., *ibid.* (w.e.f. 1-11-1956). 5. See the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), the Constitution
(Scheduled Castes) (Union Territories) Order, 1951 (C.O. 32), the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956 (C.O. 52), the Constitution (Dadra and Nagar Haveli) (Scheduled Castes) Order, 1962 (C.O. 64), the Constitution (Pondicherry) Scheduled Castes Order, 1964 (C.O. 68), the Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968 (C.O. 81) and the Constitution (Sikkim) Scheduled Castes Order, 1978 (C.O. 110).
## (Part Xvi.—Special Provisions Relating To Certain Classes)
342. Scheduled Tribes.—(1) The President 1[may with respect to any State 2[or Union territory], and where it is a State 3***, after consultation with the Governor 3*** thereof], by public notification4, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State 2[or Union territory, as the case may be.]
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
5[**342A. Socially and educationally backward classes.**—(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify 6[the socially and educationally backward classes in the Central List which shall for the purposes of the Central Government] be deemed to be socially and educationally backward classes in relation to that State or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the Central List of socially and educationally backward classes specified in a notification issued under clause (1) any socially and educationally backward class, but save as aforesaid a notification issued under the said clause shall not be varied by any
______________________________________________
4. See the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22), the Constitution
(Scheduled Tribes) (Union Territories) Order, 1951 (C.O. 33), the Constitution (Andaman and Nicobar Islands) (Scheduled Tribes) Order, 1959 (C.O. 58), Constitution (Dadra and Nagar Haveli) (Scheduled Tribes) Order, 1962 (C.O. 65), the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967 (C.O. 78), the Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968 (C.O. 82), the Constitution (Nagaland) Scheduled Tribes Order, 1970 (C.O. 88) the Constitution
(Sikkim) Scheduled Tribes Order, 1978 (C.O. 111).
5. Art.342A ins. by the Constitution (One Hundred and Second Amendment) Act, 2018,
s. 4 (w.e.f. 15-8-2018).
6. Subs. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 3, for
"the socially and educationally backward classes which shall for the purposes of this Constitution" (w.e.f. 15-9-2021).
## (Part Xvi.—Special Provisions Relating To Certain Classes)
subsequent notification.]
1*[Explanation*.—For the purposes of clauses (1) and (2), the expression
"Central List" means the list of socially and educationally backward classes prepared and maintained by and for the Central Government.
(3) Notwithstanding any contained in clauses (1) and (2), every State or Union territory may, by law, prepare and maintain, for its own purposes, a list of socially and educationally backward classes, entries in which may be different from the Central List.]
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## Part Xvii Official Language Chapter I.—Language Of The Union
343. Official language of the Union.—(1) The official language of the Union shall be Hindi in Devanagari script.
The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals.
(2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement:
Provided that the President may, during the said period, by order1
authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union.
(3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of—
(a) the English language, or (b) the Devanagari form of numerals, for such purposes as may be specified in the law.
344. Commission and Committee of Parliament on official language.—(1) The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission.
(2) It shall be the duty of the Commission to make recommendations to the President as to—
(a) the progressive use of the Hindi language for the official purposes of the Union;
(b) restrictions on the use of the English language for all or any of the official purposes of the Union;
(c) the language to be used for all or any of the purposes mentioned in article 348;
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1. See C.O. 41.
(Part XVII—LANGUAGE)
(d) the form of numerals to be used for any one or more specified purposes of the Union;
(e) any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use. (3) In making their recommendations under clause (2), the Commission shall have due regard to the industrial, cultural and scientific advancement of India, and the just claims and the interests of persons belonging to the
non-Hindi speaking areas in regard to the public services.
(4) There shall be constituted a Committee consisting of thirty members, of whom twenty shall be members of the House of the People and ten shall be members of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.
(5) It shall be the duty of the Committee to examine the recommendations of the Commission constituted under clause (1) and to report to the President their opinion thereon.
(6) Notwithstanding anything in article 343, the President may, after consideration of the report referred to in clause (5), issue directions in accordance with the whole or any part of that report.
## Chapter Ii.—Regional Languages
345. Official language or languages of a State.—Subject to the provisions of articles 346 and 347, the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State:
Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution.
346. Official language for communication between one State and another or between a State and the Union.—The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union:
(Part XVII—LANGUAGE)
Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication.
347. Special provision relating to language spoken by a section of the population of a State.—On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognised by that State, direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify.
## Chapter Iii.—Language Of The Supreme Court, High Courts, Etc.
348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.—(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides—
(a) all proceedings in the Supreme Court and in every High Court, (b) the authoritative texts—
(i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State,
(ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor 1*** of a State, and
(iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language.
(2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor 1*** of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State:
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(Part XVII—LANGUAGE)
Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court.
(3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor 1*** of the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor 1*** of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article.
349. Special procedure for enactment of certain laws relating to language.—During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted under clause (1) of article 344 and the report of the Committee constituted under clause (4) of that article.
## Chapter Iv.—Special Directives
350. Language to be used in representations for redress of grievances.—Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.
2[350A. Facilities for instruction in mother-tongue at primary stage.—It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.
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1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
(Part XVII—LANGUAGE)
350B. Special Officer for linguistic minorities.—(1) There shall be a Special Officer for linguistic minorities to be appointed by the President.
(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Governments of the States concerned.]
351. Directive for development of the Hindi language.—It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.
## Part Xviii Emergency Provisions
352. Proclamation of Emergency.—(1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or 1[armed rebellion], he may, by Proclamation, make a declaration to that effect 2[in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.]
3[*Explanation.*—A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.]
4[(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation.
(3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation may be issued has been communicated to him in writing.
(4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:
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## (Part Xviii.—Emergency Provisions)
Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved, or the dissolution of the House of the People takes place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.
(5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause (4):
Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this clause:
Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days, a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People.
(6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of Parliament only by a majority of the total membership of that House and by a majority of not less than two-thirds of the Members of that House present and voting.
(7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a Proclamation issued under clause (1) or a Proclamation varying such Proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such Proclamation.
(8) Where a notice in writing signed by not less than one-tenth of the total number of members of the House of the People has been given, of their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued under
clause (1) or a Proclamation varying such Proclamation,—
(a) to the Speaker, if the House is in session; or (b) to the President, if the House is not in session, a special sitting of the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or, as the case may be, by the President, for the purpose of considering such resolution.]
1[(9) The power conferred on the President by this article shall include the power to issue different Proclamations on different grounds, being war or external aggression or 2[armed rebellion] or imminent danger of war or external aggression or 2[armed rebellion], whether or not there is a Proclamation
already issued by the President under clause (1) and such Proclamation is in operation.
1* * * * * * * *]
353. Effect of Proclamation **of Emergency.**—While a Proclamation of Emergency is in operation, then—
(a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised;
(b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List:
omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6- 1979).
1[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,—
(i) the executive power of the Union to give directions under clause (a), and
(ii) the power of Parliament to make laws under clause (b), shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is in operation if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.]
354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.—(1) The President may, while a Proclamation of Emergency is in operation, by order direct that all or any of the provisions of articles 268 to 279 shall for such period, not extending in any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as may be specified in the order, have effect subject to such exceptions or modifications as he thinks fit.
(2) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament.
355. Duty of the Union to protect States against external aggression and internal disturbance.—It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution.
356. Provisions in case of failure of constitutional machinery in States.—(1) If the President, on receipt of a report from the Governor 2*** of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation—
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## (Part Xviii.—Emergency Provisions)
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor 1*** or any body or authority in the State
other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State: Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.
(3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:
Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.
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(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of 1[six months from the date of issue of the Proclamation]:
Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of
2[six months] from the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years:
Provided further that if the dissolution of the House of the People takes place during any such period of 2[six months] and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People:
3[Provided also that in the case of the Proclamation issued under
clause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to "three years" shall be construed as a reference to 4[five years].]
for "one year", respectively (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2 (w.e.f. 16-4-1990).
4. Subs. by the Constitution (Sixty-seventh Amendment) Act, 1990, s. 2 (w.e.f. 4-10-1990)
and further subs. by the Constitution (Sixty-eighth Amendment) Act, 1991, s. 2 (w.e.f.
12-3-1991).
## (Part Xviii.—Emergency Provisions)
1[(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3)
for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless—
(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and
(b) the Election Commission certifies that the continuance in force
of the Proclamation approved under clause (3) during the period
specified in such resolution is necessary on account of difficulties in
holding general elections to the Legislative Assembly of the State
concerned:]
2[Provided that nothing in this clause shall apply to the Proclamation
issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.]
357. Exercise of legislative powers under Proclamation issued under article 356.—(1) Where by a Proclamation issued under clause (1) of article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent—
(a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorise the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf;
(b) for Parliament, or for the President or other authority in whom such power to make laws is vested under sub-clause (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities thereof;
(c) for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament.
1978, s. 38, for cl. (5) (w.e.f. 20-6-1979).
2. Proviso omitted by the Constitution (Sixty-third Amendment) Act, 1989, s. 2 (w.e.f. 6-
1-1990) and subsequently ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2 (w.e.f. 16-4-1990).
##
1[(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the President or other authority referred to in sub-clause
(a) of clause (1) which Parliament or the President or such other authority would not, but for the issue of a Proclamation under article 356, have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.]
358. Suspension of provisions of article 19 during emergencies.—
2[(1)] 3[While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation], nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:
4[Provided that 5[where such Proclamation of Emergency] is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.]
6[(2) Nothing in clause (1) shall apply—
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3. Subs. by s. 39, *ibid*, for "While a Proclamation of Emergency is in operation"
(w.e.f. 20-6-1979).
4. Added by the Constitution (Forty-second Amendment) Act, 1976, s. 52 (w.e.f. 3-1-
1977).
5. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39, for "where a
Proclamation of Emergency" (w.e.f. 20-6-1979).
6. Ins. by s. 39, *ibid*. (w.e.f. 20-6-1979).
(a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or
(b) to any executive action taken otherwise than under a law containing such a recital.]
359. Suspension of the enforcement of the rights conferred by Part III during emergencies.—(1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of 1[the rights conferred by Part III (except articles
20 and 21)] as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.
2[(1A) While an order made under clause (1) mentioning any of 1[the rights conferred by Part III (except articles 20 and 21)] is in operation, nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:]
3[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.]
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conferred by Part III" (w.e.f. 20-6-1979).
2. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 7 (with retrospective
effect).
3. Added by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).
1[(1B) Nothing in clause (1A) shall apply—
(a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or
(b) to any executive action taken otherwise than under a law containing such a recital.]
(2) An order made as aforesaid may extend to the whole or any part of the territory of India:
2[Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation, considers such extension to be necessary.]
(3) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament.
3**359A.** [*Application of this Part to the State of Punjab.*].—Omitted by the Constitution (Sixty-third Amendment) *Act,* 1989, s. 3 (*w.e.f.* 6-1-1990).
360. Provisions as to financial emergency.—(1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.
4[(2) A Proclamation issued under clause (1)—
(a) may be revoked or varied by a subsequent Proclamation; (b) shall be laid before each House of Parliament;
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and ceased to operate on the expiry of a period of two years from the commencement
of that Act, i.e. 30th day of March, 1988.
4. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 41, for cl. (2)
(w.e.f. 20-6-1979).
## (Part Xviii.—Emergency Provisions)
(c) shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:
Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in
sub-clause (c), and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.]
(3) During the period any such Proclamation as is mentioned in clause (1) is in operation, the executive authority of the Union shall extend to the giving of directions to any State to observe such canons of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary and adequate for the purpose.
(4) Notwithstanding anything in this Constitution—
(a) any such direction may include—
(i) a provision requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a State;
(ii) a provision requiring all Money Bills or other Bills to which
the provisions of article 207 apply to be reserved for the
consideration of the President after they are passed by the Legislature
of the State;
(b) it shall be competent for the President during the period any
Proclamation issued under this article is in operation to issue directions
for the reduction of salaries and allowances of all or any class of persons
serving in connection with the affairs of the Union including the Judges
of the Supreme Court and the High Courts.
1[(5)
*
*
*
*
*]
______________________________________________
## Part Xix Miscellaneous 361. Protection Of President And Governors And Rajpramukhs.—(1)
The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties:
Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under article 61:
Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State.
(2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor 1*** of a State, in any court during his term of office.
(3) No process for the arrest or imprisonment of the President, or the Governor 1*** of a State, shall issue from any court during his term of office.
(4) No civil proceedings in which relief is claimed against the President, or the Governor 1*** of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor 1*** of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor
1***, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.
______________________________________________
1[361A. Protection of publication of proceedings of Parliament and State Legislatures.—(1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice:
Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State.
(2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper.
Explanation.—In this article, "newspaper" includes a news agency report containing material for publication in a newspaper.]
## 2[361B. Disqualification For Appointment On Remunerative Political
post.—A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier.
Explanation. - For the purposes of this article,—
(a) the expression "House" has the meaning assigned to it in clause (a) of paragraph 1 of the Tenth Schedule;
(b) the expression "remunerative political post" means any office—
(i) under the Government of India or the Government of a State where the salary or remuneration for such office is paid
______________________________________________
1. Art. 361A ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 42
(Part XIX.—MISCELLANEOUS)
out of the public revenue of the Government of India or the Government of the State, as the case may be; or
(ii) under a body, whether incorporated or not, which is wholly or partially owned by the Government of India or the Government of State, and the salary or remuneration for such office is paid by such body,
except where such salary or remuneration paid is compensatory in nature.]
362. [*Rights and privileges of Rulers of Indian States.*].—Omitted by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 2 (w.e.f. 28-12-1971).
363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.—(1) Notwithstanding anything in this Constitution but subject to the provisions of article 143, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, *sanad* or other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government of the Dominion of India or any of its predecessor Governments was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, *sanad* or other similar instrument.
(2) In this article—
(a) "Indian State" means any territory recognised before the commencement of this Constitution by His Majesty or the Government of the Dominion of India as being such a State; and
(b) "Ruler" includes the Prince, Chief or other person recognised before such commencement by His Majesty or the Government of the Dominion of India as the Ruler of any Indian State.
1[363A. Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.—Notwithstanding anything in this Constitution or in any law for the time being in force—
(a) the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such ruler shall, on and
______________________________________________
from such commencement, cease to be recognised as such Ruler or the successor of such Ruler;
(b) on and from the commencement of the Constitution (Twentysixth Amendment) Act, 1971, privy purse is abolished and all rights, liabilities and obligations in respect of *privy purse* are extinguished and accordingly the Ruler or, as the case may be, the successor of such Ruler, referred to in clause (a) or any other person shall not be paid any sum as *privy purse*.]
364. Special provisions as to major ports and aerodromes.—(1)
Notwithstanding anything in this Constitution, the President may by public notification direct that as from such date as may be specified in the notification—
(a) any law made by Parliament or by the Legislature of a State shall not apply to any major port or aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in the notification, or
(b) any existing law shall cease to have effect in any major port or aerodrome except as respects things done or omitted to be done before the said date, or shall in its application to such port or aerodrome have effect subject to such exceptions or modifications as may be specified in the notification.
(2) In this article—
(a) "major port" means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port;
(b) "aerodrome" means aerodrome as defined for the purposes of the enactments relating to airways, aircraft and air navigation.
365. Effect of failure to comply with, or to give effect to, directions given by the Union.—Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.
366. Definitions.—In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—
## (Part Xix.—Miscellaneous)
(1) "agricultural income" means agricultural income as defined for the purposes of the enactments relating to Indian income-tax;
(2) "an Anglo-Indian" means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only;
(3) "article" means an article of this Constitution; (4) "borrow" includes the raising of money by the grant of annuities, and "loan" shall be construed accordingly;
1[(4A)* *
* *]
(5) "clause" means a clause of the article in which the expression occurs;
(6) "corporation tax" means any tax on income, so far as that tax is payable by companies and is a tax in the case of which the following conditions are fulfilled:—
(a) that it is not chargeable in respect of agricultural income;
(b) that no deduction in respect of the tax paid by companies is, by any enactments which may apply to the tax, authorised to be made from dividends payable by the companies to individuals;
(c) that no provision exists for taking the tax so paid into account in computing for the purposes of Indian income-tax the total income of individuals receiving such dividends, or in computing the Indian income-tax payable by, or refundable to, such individuals;
(7) "corresponding Province", "corresponding Indian State" or
"corresponding State" means in cases of doubt such Province, Indian State or State as may be determined by the President to be the corresponding Province, the corresponding Indian State or the
______________________________________________
1. Cl. (4A) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 54
corresponding State, as the case may be, for the particular purpose in question;
(8) "debt" includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charges" shall be construed accordingly;
(9) "estate duty" means a duty to be assessed on or by reference to the principal value, ascertained in accordance with such rules as may be prescribed by or under laws made by Parliament or the Legislature of a State relating to the duty, of all property passing upon death or deemed, under the provisions of the said laws, so to pass;
(10) "existing law" means any law, Ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation;
(11) "Federal Court" means the Federal Court constituted under the Government of India Act, 1935;
(12) "goods" includes all materials, commodities, and articles;
1[(12A) "goods and services tax" means any tax on supply of goods, or services or both except taxes on the supply of the alcoholic liquor for human consumption] ;
(13) "guarantee" includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount;
(14) "High Court" means any Court which is deemed for the purposes of this Constitution to be a High Court for any State and includes—
(a) any Court in the territory of India constituted or reconstituted under this Constitution as a High Court, and
(b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Constitution;
______________________________________________
## (Part Xix.—Miscellaneous)
(15) "Indian State" means any territory which the Government of the Dominion of India recognised as such a State;
(16) "Part" means a Part of this Constitution; (17) "pension" means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay so payable; a gratuity so payable and any sum or sums so payable by way of the return, with or without interest thereon or any other addition thereto, of subscriptions to a provident fund;
(18) "Proclamation of Emergency" means a Proclamation issued under clause (1) of article 352;
(19) "public notification" means a notification in the Gazette of India, or, as the case may be, the Official Gazette of a State;
(20) "railway" does not include—
(a) a tramway wholly within a municipal area, or (b) any other line of communication wholly situate in one State and declared by Parliament by law not to be a railway;
1[(21)*
*
*
*]
2[(22) "Ruler" means the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler;]
(23) "Schedule" means a Schedule to this Constitution; (24) "Scheduled Castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes for the purposes of this Constitution;
(25) "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are
______________________________________________
1. Cl. (21) omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
(w.e.f. 1-11-1956).
2. Subs. by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 4
(w.e.f. 28-12-1971).
deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution;
(26) "securities" includes stock;
1* * * 2[(26A) "Services" means anything other than goods;
(26B) "State" with reference to articles 246A, 268, 269, 269A and article 279A includes a Union territory with Legislature] ;
3[(26C) "socially and educationally backward classes" means such backward classes as are so deemed under article 342A for the purposes of the Central Government or the State or Union territory, as the case may be] ;
(27) "sub-clause" means a sub-clause of the clause in which the expression occurs;
(28) "taxation" includes the imposition of any tax or impost, whether general or local or special, and "tax" shall be construed accordingly;
(29) "tax on income" includes a tax in the nature of an excess profits tax;
4[(29A) "tax on the sale or purchase of goods" includes—
(a) 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;
(b) 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;
(c) a tax on the delivery of goods on hire-purchase or any system of payment by instalments;
(d) 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;
______________________________________________
9-2016).
3. Cl. (26C) was ins. by the Constitution (One Hundred and Second Amendment) Act, 2018,
s.5 (w.e.f. 14-8-2018) and subsequently subs. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 4 (w.e.f. 15-9-2021).
4. Cl.(29A) ins. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 4 (w.e.f. 2-2-1983).
(Part XIX.—MISCELLANEOUS)
(e) a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration;
(f) 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, and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made;]
1[(30) "Union territory" means any Union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule.] 367. Interpretation.—(1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India.
(2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, or made by, the Legislature of a State 2***, shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor 3***, as the case may be.
(3) For the purposes of this Constitution "foreign State" means any State other than India:
Provided that, subject to the provisions of any law made by Parliament, the President may by order4 declare any State not to be a foreign State for such purposes as may be specified in the order.
5[(4) * * * *]
______________________________________________
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. for cl. (30)
(w.e.f. 1-11-1956).
2. The words and letters "specified in Part A or Part B of the First Schedule" omitted by
s. 29 and Sch., *ibid.* (w.e.f. 1-11-1956).
3. The words "or Rajpramukh" omitted by s. 29 and Sch.,*ibid*. (w.e.f. 1-11-1956).
4. See the Constitution (Declaration as to Foreign States) Order, 1950 (C.O. 2). 5. Added by the Constitution (Application to Jammu and Kashmir) Order, 2019
(C.O. 272)(w.e.f.5-8-2019). For the text of this C.O., see Appendix II.
## Part Xx Amendment Of The Constitution
368.
1[Power of Parliament to amend the Constitution and procedure therefor].— 2[(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.]
3[(2)] An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, 4[it shall be presented to the President who shall give his assent to the Bill and thereupon] the Constitution shall stand amended in accordance with the terms of the Bill:
Provided that if such amendment seeks to make any change in—
(a) article 54, article 55, article 73, 5[ article 162, article 241 or article
279A]; or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI; or (c) any of the Lists in the Seventh Schedule; or (d) the representation of States in Parliament; or (e) the provisions of this article,
the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States 1*** by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.
2[(3) Nothing in article 13 shall apply to any amendment made under this article.]
3[(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article [whether before or after the commencement of section 55 of the Constitution (Forty-second Amendment) Act, 1976] shall be called in question in any court on any ground.
(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.]
## ______________________________________________ Part Xxi 1[Temporary, Transitional And Special Provisions]
369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.—Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:—
(a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or *kapas*), cotton seed, paper (including newsprint), food-stuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal
(including coke and derivatives of coal), iron, steel and mica;
(b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court, but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof.
______________________________________________
1[370. Temporary provisions with respect to the State of Jammu and Kashmir.—(1) Notwithstanding anything in this Constitution,—
(a) the provisions of article 238 shall not apply in relation to the State of
Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to—
(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
## ______________________________________________ 1. In Exercise Of The Powers Conferred By Clause (3) Of Article 370 Read With Clause (1) Of
article 370 of the Constitution of India, the President, on the recommendation of
Parliament, is pleased to declare that, as from the 6th August, 2019 all clauses of said
article 370 shall cease to be operative except the following which shall read as under, namely:—
"370. All provisions of this Constitution, as amended from time to time,
without any modifications or exceptions, shall apply to the State of Jammu and
Kashmir notwithstanding anything contrary contained in article 152 or article 308 or any other article of this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law, document, judgment, ordinance, order, by-law, rule, regulation, notification, custom or usage having the force of law in the territory of India, or any other instrument, treaty or agreement as envisaged under article 363 or otherwise.".
[See Appendix III (C.O.273)].
* In exercise of the powers conferred by clause (3) of the Constitution of India, the
President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the *Explanation* in cl. (1) thereof, the
following *Explanation* is substituted, namely:—
"Explanation.– For the purposes of this article, the Government of the State
means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the *Sadar-I Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office.".
(C.O. 44, dated the 15th November, 1952).
*Now "Governor".
(Part XXI.—Temporary, Transitional and Special Provisions)
(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.
Explanation.—For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948;
(c) the provisions of article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:
Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of
sub-clause (b) shall be issued except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.
______________________________________________
See the Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272) in
1[**371. Special provision with respect to the States of** 2***
Maharashtra and Gujarat.—3[(1)* * * *
*]
(2) Notwithstanding anything in this Constitution, the President may by order made with respect to 4[the State of Maharashtra or Gujarat], provide for any special responsibility of the Governor for—
(a) the establishment of separate development boards for Vidarbha, Marathwada, 5[and the rest of Maharashtra or, as the case may be], Saurashtra, Kutch and the rest of Gujarat with the provision that a report on the working of each of these boards will be placed each year before the State Legislative Assembly;
(b) the equitable allocation of funds for developmental expenditure over the said areas, subject to the requirements of the State as a whole; and
(c) an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in services under the control of the State Government, in respect of all the said areas, subject to the requirements of the State as a whole.]
6[**371A. Special provision with respect to the State of Nagaland.—**(1)
Notwithstanding anything in this Constitution,—
(a) no Act of Parliament in respect of—
(i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law,
(iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;
Act, 1973, s. 2 (w.e.f. 1-7-1974).
3. Cl. (1) omitted by s. 2, *ibid.* (w.e.f. 1-7-1974). 4. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for "the State of
Bombay" (w.e.f. 1-5-1960).
5. Subs. by s. 85, *ibid.,* for "the rest of Maharashtra" (w.e.f. 1-5-1960).
6. Art. 371A ins. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2 (w.e.f. 1-12-1963).
## (Part Xxi.—Temporary, Transitional And Special Provisions)
(b) the Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:
Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:
Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Nagaland, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;
(c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand;
(d) as from such date as the Governor of Nagaland may by public notification in this behalf specify, there shall be established a regional council for the Tuensang district consisting of thirty-five members and the Governor shall in his discretion make rules providing for—
(i) the composition of the regional council and the manner in which the members of the regional council shall be chosen:
Provided that the Deputy Commissioner of the Tuensang district shall be the Chairman *ex officio* of the regional council and the Vice-Chairman of the regional council shall be elected by the members thereof from amongst themselves;
(ii) the qualifications for being chosen as, and for being, members of the regional council;
(iii) the term of office of, and the salaries and allowances, if any, to be paid to members of, the regional council;
(Part XXI.—Temporary, Transitional and Special Provisions)
(iv) the procedure and conduct of business of the regional council;
(v) the appointment of officers and staff of the regional council and their conditions of services; and
(vi) any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the regional council.
(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public notification specify in this behalf,—
(a) the administration of the Tuensang district shall be carried on by the Governor;
(b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of Nagaland as a whole, the Governor shall in his discretion arrange for an equitable allocation of that money between the Tuensang district and the rest of the State;
(c) no Act of the Legislature of Nagaland shall apply to Tuensang district unless the Governor, on the recommendation of the regional council, by public notification so directs and the Governor in giving such direction with respect to any such Act may direct that the Act shall in its application to the Tuensang district or any part thereof have effect subject to such exceptions or modifications as the Governor may specify on the recommendation of the regional council:
Provided that any direction given under this sub-clause may be given so as to have retrospective effect;
(d) the Governor may make regulations for the peace, progress and good government of the Tuensang district and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of Parliament or any other law which is for the time being applicable to that district;
(e) (i) one of the members representing the Tuensang district in the Legislative Assembly of Nagaland shall be appointed Minister for Tuensang affairs by the Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the recommendation of the majority of the members as aforesaid1;
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1. Paragraph 2 of the Constitution (Removal of Difficulties) Order No. X provides
(w.e.f. 1-12-1963) that article 371A of the Constitution of India shall have effect as if the following proviso were added to paragraph (i) of sub-clause (e) of clause (2)
thereof, namely:—
"Provided that the Governor may, on the advice of the Chief Minister, appoint any person as Minister for Tuensang affairs to act as such until such time as persons are chosen in accordance with law to fill the seats allocated to the Tuensang district, in the Legislative Assembly of Nagaland.".
## (Part Xxi.—Temporary, Transitional And Special Provisions)
(ii) the Minister for Tuensang affairs shall deal with, and have direct access to the Governor on, all matters relating to the Tuensang district but he shall keep the Chief Minister informed about the same;
(f) notwithstanding anything in the foregoing provisions of this clause, the final decision on all matters relating to the Tuensang district shall be made by the Governor in his discretion;
(g) in articles 54 and 55 and clause (4) of article 80, references to the elected members of the Legislative Assembly of a State or to each such member shall include references to the members or member of the Legislative Assembly of Nagaland elected by the regional council established under this article;
(h) in article 170—
(i) clause (1) shall, in relation to the Legislative Assembly of Nagaland, have effect as if for the word "sixty", the word "fortysix" had been substituted;
(ii) in the said clause, the reference to direct election from territorial constituencies in the State shall include election by the members of the regional council established under this article;
(iii) in clauses (2) and (3), references to territorial constituencies shall mean references to territorial constituencies in the Kohima and Mokokchung districts.
(3) If any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may by order do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty:
Provided that no such order shall be made after the expiration of three years from the date of the formation of the State of Nagaland.
Explanation..—In this article, the Kohima, Mokokchung and Tuensang districts shall have the same meanings as in the State of Nagaland Act, 1962.]
1[371B. **Special provision with respect to the State of Assam.**—
Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of
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## (Part Xxi.—Temporary, Transitional And Special Provisions)
members of that Assembly elected from the tribal areas specified in 1[Part I] of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.]
2[**371C. Special provision with respect to the State of Manipur.—**(1)
Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee.
(2) The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.
Explanation.—In this article, the expression "Hill Areas" means such areas as the President may, by order, declare to be Hill areas.]
3[371D. Special provisions with respect to 4[the State of Andhra Pradesh or the State of Telangana].—5[(1) The President may by order made with respect to the State of Andhra Pradesh or the State of Telangana, provide, having regard to the requirement of each State, for equitable opportunities and facilities for the people belonging to different parts of such State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the States.]
(2) An order made under clause (1) may, in particular,—
2. Art. 371C ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 5 (w.e.f.
15-2-1972).
3. Arts. 371D and 371E ins. by the Constitution (Thirty-second Amendment) Act, 1973,
s. 3 (w.e.f. 1-7-1974).
4. Subs. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 97, for "the
State of Andhra Pradesh" (w.e.f. 2-6-2014).
5. Subs. by s. 97, *ibid*. for cl. (1) (w.e.f. 2-6-2014).
## (Part Xxi.—Temporary, Transitional And Special Provisions)
(a) require the State Government to organise any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State and allot in accordance with such principles and procedure as may be specified in the order the persons holding such posts to the local cadres so organised;
(b) specify any part or parts of the State which shall be regarded as the local area—
(i) for direct recruitment to posts in any local cadre (whether organised in pursuance of an order under this article or constituted otherwise) under the State Government;
(ii) for direct recruitment to posts in any cadre under any local authority within the State; and
(iii) for the purposes of admission to any University within the State or to any other educational institution which is subject to the control of the State Government;
(c) specify the extent to which, the manner in which and the conditions subject to which, preference or reservation shall be given or made—
(i) in the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as may be specified in this behalf in the order;
(ii) in the matter of admission to any such University or other educational institution referred to in sub-clause (b) as may be specified in this behalf in the order, to or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, University or other educational institution, as the case may be. (3) The President may, by order, provide for the constitution of an Administrative Tribunal for 1[the State of Andhra Pradesh and for the State of Telangana] to exercise such jurisdiction, powers and authority [including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by any court (other than the Supreme Court) or by any tribunal or other authority] as may be specified in the order with respect to the following matters, namely:—
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1. Subs. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 97, for "the
## (Part Xxi.—Temporary, Transitional And Special Provisions)
(a) appointment, allotment or promotion to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;
(b) seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;
(c) such other conditions of service of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State or to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order. (4) An order made under clause (3) may—
(a) authorise the Administrative Tribunal to receive representations for the redress of grievances relating to any matter within its jurisdiction as the President may specify in the order and to make such orders thereon as the Administrative Tribunal deems fit;
(b) contain such provisions with respect to the powers and authorities and procedure of the Administrative Tribunal (including provisions with respect to the powers of the Administrative Tribunal to punish for contempt of itself) as the President may deem necessary;
(c) provide for the transfer to the Administrative Tribunal of such classes of proceedings, being proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or tribunal or other authority immediately before the commencement of such order, as may be specified in the order;
(d) contain such supplemental, incidental and consequential provisions (including provisions as to fees and as to limitation, evidence or for the application of any law for the time being in force subject to any exceptions or modifications) as the President may deem necessary.
## (Part Xxi.—Temporary, Transitional And Special Provisions)
(5) The Order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier:
Provided that the State Government may, by special order made in writing and for reasons to be specified therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case, the order of the Administrative Tribunal shall have effect only in such modified form or be of no effect, as the case may be.
(6) Every special order made by the State Government under the proviso to clause (5) shall be laid, as soon as may be after it is made, before both Houses of the State Legislature.
(7) The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to, the Administrative Tribunal.
(8) If the President is satisfied that the continued existence of the Administrative Tribunal is not necessary, the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately before such abolition.
(9) Notwithstanding any judgment, decree or order of any court, tribunal or other authority,—
(a) no appointment, posting, promotion or transfer of any person—
(i) made before the 1st day of November, 1956, to any post under the Government of, or any local authority within, the State of Hyderabad as it existed before that date; or
(ii) made before the commencement of the Constitution
(Thirty-second Amendment) Act, 1973, to any post under the Government of, or any local or other authority within, the State of Andhra Pradesh; and
(b) no action taken or thing done by or before any person referred to in sub-clause (a),
______________________________________________
*In P. Sambamurthy and Others Vs. State of Andhra Pradesh and Others* (1987)
shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, promotion or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residence within the State of Hyderabad or, as the case may be, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or transfer.
(10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.
371E. Establishment of Central University in Andhra Pradesh.—
Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.]
1[371F. Special provisions with respect to the State of Sikkim.—
Notwithstanding anything in this Constitution,—
(a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;
(b) as from the date of commencement of the Constitution (Thirtysixth Amendment) Act, 1975 (hereafter in this article referred to as the appointed day)—
(i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;
(ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and
(iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;
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## (Part Xxi.—Temporary, Transitional And Special Provisions)
(c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of 1[five years], in clause (1) of article 172 shall be construed as references to a period of 2[four years] and the said period of 2[four years]
shall be deemed to commence from the appointed day;
(d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim;
(e) the representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim;
(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim;
(g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion;
(h) all property and assets (whether within or outside the territories comprised in the State of Sikkim) which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim;
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(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 43, for "six years" (w.e.f. 6-9-1979).
2. Subs. by s. 56, *ibid.*, for "four years" (w.e.f. 3-1-1977) and further subs. by s. 43, *ibid.*,
for "five years", respectively (w.e.f. 6-9-1979).
## (Part Xxi.—Temporary, Transitional And Special Provisions)
(i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;
(j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution;
(k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent Legislature or other competent authority;
(l) for the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law;
(m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of article 143;
(n) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;
(o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may, by order, do anything
(including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty:
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## (Part Xxi.—Temporary, Transitional And Special Provisions)
Provided that no such order shall be made after the expiry of two years from the appointed day;
(p) all things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty-sixth Amendment) Act, 1975, receives the assent of the President shall, in so far as they are in conformity with the provisions of this Constitution as amended by the Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken under this Constitution as so amended.]
1[371G. Special provision with respect to the State of Mizoram.—
Notwithstanding anything in this Constitution,—
(a) no Act of Parliament in respect of—
(i) religious or social practices of the Mizos, (ii) Mizo customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Mizo customary law,
(iv) ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides:
Provided that nothing in this clause shall apply to any Central Act in force in the Union territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986;
(b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members.]
2[371H. Special provision with respect to the State of Arunachal Pradesh.—Notwithstanding anything in this Constitution,—
(a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and order in the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:
## ______________________________________________ (Part Xxi.—Temporary, Transitional And Special Provisions)
Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:
Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Arunachal Pradesh, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;
(b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members.]
1[371-I. Special provision with respect to the State of Goa.—
Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members.]
2[**371J. Special provisions with respect to the State of Karnataka.—**
(1) The President may, by order made with respect to the State of Karnataka, provide for any special responsibility of the Governor for—
(a) establishment of a separate development board for Hyderabad-
Karnataka region with the provision that a report on the working of the board will be placed each year before the State Legislative Assembly;
(b) equitable allocation of funds for developmental expenditure over the said region, subject to the requirements of the State as a whole; and
(c) equitable opportunities and facilities for the people belonging to the said region, in matters of public employment, education and vocational training, subject to the requirements of the State as a whole. (2) An order made under sub- clause (c) of clause (1) may provide for—
(a) reservation of a proportion of seats educational and vocational training institutions in the Hyderabad-Karnataka region for students who belong to that region by birth or by domicile; and
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1. Art.37-I ins. by the Constitution (Fifty-sixth Amendment) Act, 1987, s. 2
## (Part Xxi.—Temporary, Transitional And Special Provisions)
(b) identification of posts or classes of posts under the State Government and in any body or organisation under the control of the State Government in the Hyderabad-Karnataka region and reservation of a proportion of such posts for persons who belong to that region by birth or by domicile and for appointment thereto by direct recruitment or by promotion or in any other manner as may be specified in the order.] 372. Continuance in force of existing laws and their adaptation.—(1)
Notwithstanding the repeal by this Constitution of the enactments referred to in article 395 but subject to the other provisions of this Constitution, all the law in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority.
(2) For the purpose of bringing the provisions of any law in force in the territory of India into accord with the provisions of this Constitution, the President may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.
(3) Nothing in clause (2) shall be deemed—
(a) to empower the President to make any adaptation or modification of any law after the expiration of 1[three years] from the commencement of this Constitution; or
(b) to prevent any competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.
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India, Extraordinary, Part II, Section 3, p. 287, notification No. S.R.O. 1140B, dated the 2nd July, 1952, Gazette of India, Extraordinary, Part II, Section 3, p. 616/1, and the Adaptation of the Travancore-Cochin Land Acquisition Laws Order, 1952, dated the 20th November, 1952, Gazette of India, Extraordinary, Part II, Section 3, p. 923.
1. Subs. by the Constitution (First Amendment) Act, 1951, s. 12 for "two years"
(w.e.f. 18-6-1951).
(Part XXI.—Temporary, Transitional and Special Provisions)
Explanation I.—The expression "law in force" in this article shall include a law passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.
Explanation II.—Any law passed or made by a Legislature or other competent authority in the territory of India which immediately before the commencement of this Constitution had extra-territorial effect as well as effect in the territory of India shall, subject to any such adaptations and modifications as aforesaid, continue to have such extra-territorial effect.
Explanation III.—Nothing in this article shall be construed as continuing any temporary law in force beyond the date fixed for its expiration or the date on which it would have expired if this Constitution had not come into force.
Explanation IV.—An Ordinance promulgated by the Governor of a Province under section 88 of the Government of India Act, 1935, and in force immediately before the commencement of this Constitution shall, unless withdrawn by the Governor of the corresponding State earlier, cease to operate at the expiration of six weeks from the first meeting after such commencement of the Legislative Assembly of that State functioning under clause (1) of article 382, and nothing in this article shall be construed as continuing any such Ordinance in force beyond the said period.
1[**372A. Power of the President to adapt laws.**—(1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by order made before the first day of November, 1957, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.
(2) Nothing in clause (1) shall be deemed to prevent a competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.]
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## (Part Xxi.—Temporary, Transitional And Special Provisions)
373. Power of President to make order in respect of persons under preventive detention in certain cases.—Until provision is made by Parliament under clause (7) of article 22, or until the expiration of one year from the commencement of this Constitution, whichever is earlier, the said article shall have effect as if for any reference to Parliament in clauses (4) and (7) thereof there were substituted a reference to the President and for any reference to any law made by Parliament in those clauses there were substituted a reference to an order made by the President.
374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.—(1) The Judges of the Federal Court holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the Supreme Court and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 125 in respect of the Judges of the Supreme Court.
(2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the commencement of this Constitution shall stand removed to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the same, and the judgments and orders of the Federal Court delivered or made before the commencement of this Constitution shall have the same force and effect as if they had been delivered or made by the Supreme Court.
(3) Nothing in this Constitution shall operate to invalidate the exercise of jurisdiction by His Majesty in Council to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court within the territory of India in so far as the exercise of such jurisdiction is authorised by law, and any order of His Majesty in Council made on any such appeal or petition after the commencement of this Constitution shall for all purposes have effect as if it were an order or decree made by the Supreme Court in the exercise of the jurisdiction conferred on such Court by this Constitution.
(4) On and from the commencement of this Constitution the jurisdiction of the authority functioning as the Privy Council in a State specified in Part B of the First Schedule to entertain and dispose of appeals and petitions from or in respect of any judgment, decree or order of any court within that State shall cease, and all appeals and other proceedings pending before the said authority at such commencement shall be transferred to, and disposed of by, the Supreme Court.
(5) Further provision may be made by Parliament by law to give effect to the provisions of this article.
## (Part Xxi.—Temporary, Transitional And Special Provisions)
375. Courts, authorities and officers to continue to function subject to the provisions of the Constitution.—All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution.
376. Provisions as to Judges of High Courts.—(1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the corresponding State, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 221 in respect of the Judges of such High Court. 1[Any such Judge shall, notwithstanding that he is not a citizen of India, be eligible for appointment as Chief Justice of such High Court, or as Chief Justice or other Judge of any other High Court.]
(2) The Judges of a High Court in any Indian State corresponding to any State specified in Part B of the First Schedule holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the State so specified and shall, notwithstanding anything in clauses (1) and (2) of article 217 but subject to the proviso to clause (1) of that article, continue to hold office until the expiration of such period as the President may by order determine.
(3) In this article, the expression "Judge" does not include an acting Judge or an additional Judge.
377. Provisions as to Comptroller and Auditor-General of India.—The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for under clause (3) of article 148 in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement.
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## (Part Xxi.—Temporary, Transitional And Special Provisions)
378. Provisions as to Public Service Commissions.—(1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.
(2) The Members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.
1[378A. Special provision as to duration of Andhra Pradesh Legislative Assembly.—Notwithstanding anything contained in article 172, the Legislative Assembly of the State of Andhra Pradesh as constituted under the provisions of sections 28 and 29 of the States Reorganisation Act, 1956, shall, unless sooner dissolved, continue for a period of five years from the date referred to in the said section 29 and no longer and the expiration of the said period shall operate as a dissolution of that Legislative Assembly.]
379. [Provisions as to provisional Parliament and the Speaker and Deputy Speaker thereof.].—Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
380. [Provision as to President.].—Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
381. [Council of Ministers of the President.].—Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
382. [Provisions as to provisional Legislatures for States in Part A of the First Schedule.].—Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
383. [Provision as to Governors of Provinces.].—Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
______________________________________________
## (Part Xxi.—Temporary, Transitional And Special Provisions)
384. [Council of Ministers of the Governors.].—Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
385. [Provision as to provisional Legislatures in States in Part B of the First Schedule.].—Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
386. [Council of Ministers for States in Part B of the First Schedule.].—
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
387. [Special provision as to determination of population for the purposes of certain elections.].—Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
388. [Provisions as to the filling of casual vacancies in the provisional Parliament and provisional Legislatures of the States.].—Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
389. [Provision as to Bills pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States.] Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
390. [Money received or raised or expenditure incurred between the commencement of the Constitution and the 31st day of March, 1950.—Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11- 1956).
391. [Power of the President to amend the First and Fourth Schedules in certain contingencies.].—Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
392. Power of the President to remove difficulties.—(1) The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitution, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient:
Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V.
(2) Every order made under clause (1) shall be laid before Parliament.
(3) The powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by article 391 shall, before the commencement of this Constitution, be exercisable by the Governor-General of the Dominion of India.
## Short Title, Commencement, 1[Authoritative Text In Hindi] And Repeals
393. Short title.—This Constitution may be called the Constitution of India.
394. Commencement.—This article and articles 5, 6, 7, 8, 9, 60, 324,
366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution.
2[**394A. Authoritative text in the Hindi language.**—(1) The President shall cause to be published under his authority,—
(a) the translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication; and
(b) the translation in the Hindi language of every amendment of this Constitution made in the English language.
(2) The translation of this Constitution and of every amendment thereof published under clause (1) shall be construed to have the same meaning as the original thereof and if any difficulty arises in so construing any part of such translation, the President shall cause the same to be revised suitably.
(3) The translation of this Constitution and of every amendment thereof published under this article shall be deemed to be, for all purposes, the authoritative text thereof in the Hindi language.]
395. Repeals.—The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed.
______________________________________________
## 1[**First Schedule** [Articles 1 And 4] I. The States
| Name | Territories |
|----------------------------------------------------------------|----------------|
| 1. | Andhra |
| Pradesh | |
| 2 | |
| [The territories specified in sub-section ( | 1 |
| the Andhra State Act, 1953, sub-section ( | 1 |
| the States Reorganisation Act, 1956, the First Schedule to | |
| the Andhra Pradesh and Madras (Alteration of Boundaries) | |
| Act, 1959, and the Schedule to the Andhra Pradesh and | |
| Mysore (Transfer of Territory) Act, 1968, but excluding | |
| the territories specified in the Second Schedule to the | |
| Andhra Pradesh and Madras (Alteration of Boundaries) | |
| Act, 1959 | |
| ] | |
| | |
| 3 | |
| [and the territories specified in section 3 of | |
| the Andhra Pradesh Reorganisation Act, 2014 | ] |
| 2. Assam | The |
| commencement of this Constitution were comprised in the | |
| Province of Assam, the Khasi States and the Assam Tribal | |
| Areas, but excluding the territories specified in the | |
| Schedule to the Assam (Alteration of Boundaries) Act, | |
| 1951 | |
| 4 | |
| [and the territories specified in sub-section ( | 1 |
| section 3 of the State of Nagaland Act, 1962] | |
| 5 | |
| [and the | |
| territories specified in sections 5, 6 and 7 of the North- | |
| Eastern Areas (Reorganisation) Act, 1971] | |
| 6 | |
| [and the | |
| territories referred to in Part I of the Second Schedule to | |
| the Constitution (One Hundredth Amendment) Act, | |
| 2015, notwithstanding anything contained in clause ( | a |
| of section 3 of the Constitution (Ninth Amendment) | |
| Act, 1960, so far as it relates to the territories referred to | |
| in Part I of the Second Schedule to the Constitution | |
| (One Hundredth Amendment) Act, 2015.] | |
4. Added by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963). 5. Added by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972). 6. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3 (w.e.f. 31-7-2015). For
the text of the Act, see Appendix I.
## (First Schedule)
Name
Territories
3. Bihar
1[The
territories
which
immediately before the
commencement of this Constitution were either
comprised in the Province of Bihar or were being administered as if they formed part of that Province and the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act,
1956, and the territories specified in clause (b) of
sub-section (1) of section 3 of the first mentioned Act
2[and the territories specified in section 3 of the Bihar
Reorganisation Act, 2000].]
3[4. Gujarat
The territories referred to in sub-section (1) of section 3 of
the Bombay Reorganisation Act, 1960.]
5. Kerala
The territories specified in sub-section (1) of section 5
of the States Reorganisation Act, 1956.
6.
Madhya
Pradesh
The territories specified in sub-section (1) of section 9 of
the States Reorganisation Act, 1956 4[and the First
Schedule to the Rajasthan and Madhya Pradesh (Transfer
of Territories) Act, 1959], 5[but excluding the territories
specified in section 3 of the Madhya Pradesh Reorganisation Act, 2000.]
## ______________________________________________ 1. Subs. By The Bihar And Uttar Pradesh (Alteration Of Boundaries) Act, 1968
(24 of 1968), s. 4, for the former entry (w.e.f. 10-6-1970).
2. Added by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11-
2000).
3. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 4. Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959
(47 of 1959), s. 4 (w.e.f. 1-10-1959).
5. Added by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 5
(w.e.f. 1-11-2000).
## (First Schedule)
Name
Territories
The
territories
which
immediately
before
the
1[7. Tamil Nadu]
commencement
of
this
Constitution
were
either
comprised in the Province of Madras or were being administered as if they formed part of that Province and the territories specified in section 4 of the States
Reorganisation Act, 1956, 2[and the Second Schedule to
the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959], but excluding the territories specified in sub-section (1) of section 3 and sub-section
(1) of section 4 of the Andhra State Act, 1953 and 3[the
territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the States Reorganisation Act, 1956 and the territories specified in the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959.]
4[8. Maharashtra
The territories specified in sub-section (1) of section 8 of the States Reorganisation Act, 1956, but excluding the territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960.]
5[6[9.] Karnataka]
The territories specified in sub-section (1) of section 7
of the States Reorganisation Act, 1956 7[but excluding
the territory specified in the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968.]
______________________________________________
1. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5,
for "7. Madras" (w.e.f. 14-1-1969).
2. Ins. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959
(56 of 1959), s. 6 (w.e.f. 1-4-1960).
3. Subs. by s. 6, *ibid.,* for certain words (w.e.f. 1-4-1960).
4. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 5. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for
"9. Mysore" (w.e.f. 1-11-1973).
6. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act,
1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).
7. Ins. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968
(36 of 1968), s. 4 (w.e.f. 1-10-1968).
## (First Schedule)
Name
Territories
1[10.] 2[Odisha]
The
territories
which
immediately
before
the
commencement of this Constitution were either comprised
in the Province of Orissa or were being administered as if they formed part of that Province.
1[11.] Punjab
The territories specified in section 11 of the States
Reorganisation Act, 1956 3[and the territories referred
to in Part II of the First Schedule to the Acquired
Territories (Merger) Act, 1960] 4[but excluding the
territories referred to in Part II of the First Schedule to
the Constitution (Ninth Amendment) Act, 1960] 5[and
the territories specified in sub-section (1) of section 3,
section 4 and sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966.]
1[12.] Rajasthan
The territories specified in section 10 of the States
Reorganisation Act, 1956 6[but excluding the territories
specified in the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959].
## ______________________________________________ 1. Entries 8 To 14 Renumbered As Entries 9 To 15 By The Bombay Reorganisation Act,
1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).
2. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 6, for "Orissa"
(w.e.f. 1-11-2011).
3. Ins. by the Acquired Territories (Merger) Act, 1960 (64 of 1960), s. 4
(w.e.f. 17-1-1961).
4. Added by the Constitution (Ninth Amendment) Act, 1960, s. 3 (w.e.f. 17-1-1961).
5. Added by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-
1966).
6. Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 (47 of
1959), s. 4 (w.e.f. 1-10-1959).
## (First Schedule)
Name
Territories
1[13.]
Uttar
Pradesh
2[The territories which immediately before the
commencement of this Constitution were either comprised in the Province known as the United
Provinces or were being administered as if they formed part of that Province, the territories specified in clause (b) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, and the territories specified in clause (b) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries)
Act, 1968, 3[and the territories specified in section 3 of
the Uttar Pradesh Reorganisation Act, 2000] and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979.]
1[14.]
West
Bengal
The
territories
which
immediately
before
the
commencement of this Constitution were either
comprised in the Province of West Bengal or were being administered as if they formed part of that Province and the territory of Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merger) Act, 1954 and also the territories specified in sub-section (1) of section 3 of the Bihar and West
Bengal (Transfer of Territories) Act, 1956 4[and also the
territories referred to in Part III of the First Schedule but excluding the territories referred to in Part III of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015, notwithstanding anything contained in clause (c) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part III of the First Schedule and the territories referred to in Part III of the Second Schedule
to
the
Constitution
(One
Hundredth
Amendment) Act, 2015.]
## ______________________________________________ (First Schedule)
Name
Territories
1[2[**
* * *]]
3[4[15.] Nagaland
The territories specified in sub-section (1) of section 3
of the State of Nagaland Act, 1962.]
3[5[16.]
Haryana
6[The territories specified in sub-section (1) of section 3
of the Punjab Reorganisation Act, 1966 and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (v) of sub-section (1) of section 4 of that Act.]] The
territories
which
immediately
before
the
3[7[17.]
Himachal
Pradesh
commencement of this Constitution were being administered as if they were Chief Commissioners' Provinces under the names of Himachal Pradesh and Bilaspur and the territories specified in sub-section (1)
of section 5 of the Punjab Reorganisation Act, 1966.]
3[8[18.] Manipur
The
territory
which
immediately
before
the
commencement
of
this
Constitution
was
being
administered as if it were a Chief Commissioner's
Province under the name of Manipur.]
1. **Entry 15 relating to Jammu and Kashmir deleted by the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
2. Entries 8 to 14 renumbered as 9 to 15 by the Bombay Reorganisation Act, 1960
(11 of 1960), s. 4 (w.e.f. 1-5-1960).
3. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
4 Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963). 5. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966)
and the entry therein subsequently amended by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979), s. 5 (w.e.f. 15-9-1983).
6. Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979
(31 of 1979), s. 5, for the entry against "17. Haryana" (w.e.f. 15-9-1983).
7. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971). 8. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9
(w.e.f. 21-1-1972).
## (First Schedule)
Name
Territories
1[19.]
Tripura
The
territory
which
immediately
before
the
commencement
of
this
Constitution
was
being
administered as if it were a Chief Commissioner's
Province under the name of Tripura 2[and the territories
referred to in Part II of the First Schedule to the Constitution (One Hundredth Amendment) Act, 2015, notwithstanding anything contained in clause (d) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part II of the First Schedule to the Constitution (One Hundredth Amendment) Act, 2015.]
1[20.] Meghalaya
The territories specified in section 5 of the North-Eastern
Areas (Reorganisation) Act, 1971] 2[and the territories referred to
in Part I of the First Schedule but excluding the territories referred to in Part II of the Second Schedule to the Constitution
(One Hundredth Amendment) Act, 2015.]
1[3[21.] Sikkim
The territories which immediately before the commencement of
the Constitution (Thirty-sixth Amendment) Act, 1975, were comprised in Sikkim.]
1[4[22.] Mizoram
The territories specified in section 6 of the North-Eastern Areas (Reorganisation) Act, 1971.]
1[5[23.] Arunachal
Pradesh
The territories specified in section 7 of the North-Eastern Areas (Reorganisation) Act, 1971.]
1[6[24.] Goa
The territories specified in section 3 of the Goa, Daman and Diu Reorganisation Act, 1987.]
## ______________________________________________ 1. Entries 16 To 29 Renumbered As Entries 15 To 28 By The Jammu And Kashmir
Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
2. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3
(w.e.f. 31-7-2015). For the text of the Act, see Appendix I.
3. Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 2 (w.e.f. 26-4-1975). 4. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 4 (w.e.f. 20-2-1987). 5. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 4 (w.e.f. 20-2-1987). 6. Ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 5
(w.e.f. 30-5-1987).
Name
Territories
1[2[25.] Chhattisgarh
The territories specified in section 3 of the Madhya Pradesh Reorganisation Act, 2000.]
1[3[26.] 4[Uttarakhand]
The territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000.]
1[5[27.] Jharkhand
The territories specified in section 3 of the Bihar Reorganisation Act, 2000.]
1[6[28.] Telangana
The territories specified in section 3 of the Andhra
Pradesh Reorganisation Act, 2014.]
## Ii. The Union Territories
| | | | | | Name | Extent |
|--------------------------------------------------------|-----------|-----------|--------------------------|-------------|---------|-----------|
| 1. Delhi | The | territory | which | immediately | before | the |
| commencement of this Constitution was comprised in the | | | | | | |
| Chief Commissioner's Province of Delhi. | | | | | | |
| 7 | | | | | | |
| [* | * | * | * *] | | | |
| 8 | | | | | | |
| [2.] | | | | | | |
| The Andaman | | | | | | |
| The | territory | which | immediately | before | the | |
| and Nicobar | | | | | | |
| Islands | | | | | | |
| | | | | | | |
| commencement of this Constitution was comprised in | | | | | | |
| the Chief Commissioner's Province of the | | | | | | |
| Andaman and Nicobar Islands. | | | | | | |
______________________________________________
1. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
2. Added by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 5
(w.e.f. 1-11-2000).
3. Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000). 4. Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 4, for the
word "Uttaranchal" (w.e.f. 1-1-2007).
5. Added by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11-
2000).
6. Ins. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014) , s. 10 (w.e.f. 2-6-2014). 7. Entry 2 relating to Himachal Pradesh omitted and entries 3 to 10 renumbered as
entries 2 to 9 respectively by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971) and subsequently entries relating to Manipur and Tripura (i.e. entries 2 and 3) omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) s. 9 (w.e.f. 21-1-1972).
8. Entries 4 to 9 renumbered as entries 2 to 7 by the North-Eastern Areas
(Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
## (First Schedule)
Name
Territories
1[3.] 2[Lakshadweep]
The territory specified in section 6 of the States
Reorganisation Act, 1956.
3[1[4.] Dadra and
Nagar Haveli and Daman and Diu
The territory which immediately before the eleventh day of August, 1961 was comprised in Free Dadra and Nagar Haveli and the territories specified in section 4 of the Goa, Daman and Diu Reorganisation Act, 1987.]
4[1[*] 3[
* * * *]
5[1[6.] 6[Puducherry]
The territories which immediately before the sixteenth day of August, 1962, were comprised in the French Establishments in India known as Pondicherry, Karikal, Mahe and Yanam.]
7[1[7.] Chandigarh
The territories specified in section 4 of the Punjab
Reorganisation Act, 1966.]
______________________________________________
1. Entries 4 to 9 renumbered as entries 2 to 7 (respectively) by the North-Eastern
Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
2. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act,
1973 (34 of 1973), s. 5, for "The Laccadive, Minicoy and Amindivi Islands" (w.e.f. 1-11-1973).
3. Entry 4 relating to Dadra and Nagar Haveli was ins. by the Constitution (Tenth
Amendment ) Act, 1961, s. 2 (w.e.f. 11-8-1961) and subsequently subs. by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act, 2019 (44 of 2019), s. 5, for entries 4 and 5 (w.e.f. 26-1-2020).
4. Subs. by the Goa, Daman and Diu (Reorganisation) Act, 1987 (18 of 1987), s. 5, for
entry 5 (w.e.f. 30-5-1987).
5. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 3 (with retrospective
effect).
6. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 5 for
"Pondicherry" (w.e.f. 1-10-2006).
7. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).
Name
Territories
1[*
*
*
* *]
1[*
*
*
* *]
2[8. Jammu and
Kashmir
The territories specified in section 4 of the Jammu and Kashmir Reorganisation Act, 2019.
9. Ladakh
The territories specified in section 3 of the Jammu
and Kashmir Reorganisation Act, 2019.]
## ______________________________________________ 1. Entry 8 Relating To Mizoram Omitted And Entry 9 Relating To Arunachal Pradesh
renumbered as entry 8 by the State of Mizoram Act, 1986 (34 of 1986), s. 4
2. Ins. by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 6
(w.e.f. 31-10-2019).
[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221]
## Part A Provisions As To The President And The Governors Of States 1***
1. There shall be paid to the President and to the Governors of the States
1*** the following emoluments per mensem, that is to say:—
The President
…… 10,000 rupees.
The Governor of a State ……
5,500 rupees.
2. There shall also be paid to the President and to the Governors of the States 2*** such allowances as were payable respectively to the Governor-
General of the Dominion of India and to the Governors of the corresponding Provinces immediately before the commencement of this Constitution.
3. The President and the Governors of 3[the States] throughout their respective terms of office shall be entitled to the same privileges to which the Governor- General and the Governors of the corresponding Provinces were respectively entitled immediately before the commencement of this Constitution.
4. While the Vice-President or any other person is discharging the functions of, or is acting as, President, or any person is discharging the functions of the Governor, he shall be entitled to the same emoluments, allowances and privileges as the President or the Governor whose functions he discharges or for whom he acts, as the case may be.
4* * *
* *
______________________________________________
Now five lakh rupees, *vide* the Finance Act, 2018 (13 of 2018), s. 137.
(w.e.f. 1-1-2016).
Now three lakh fifty thousand rupees, by s. 161, *ibid.* (w.e.f. 1-1-2016).
2. The words "so specified" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
3. Subs. by s. 29 and Sch., *ibid.*, for "such states" (w.e.f. 1-11-1956).
4. Part B omitted by s. 29 and Sch., *ibid*. (w.e.f. 1-11-1956).
## Part C Provisions As To The Speaker And The Deputy Speaker Of The House
OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN
OF THE COUNCIL OF STATES AND THE SPEAKER AND THE
DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY 1***
AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN
OF THE LEGISLATIVE COUNCIL OF 2[A STATE]
7. There shall be paid to the Speaker of the House of the People and the Chairman of the Council of States such salaries and allowances as were payable to the Speaker of the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution, and there shall be paid to the Deputy Speaker of the House of the People and to the Deputy Chairman of the Council of States such salaries and allowances as were payable to the Deputy Speaker of the Constituent Assembly of the Dominion of India immediately before such commencement.
8. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly 3*** and to the Chairman and the Deputy Chairman of the Legislative Council of 4[a State] such salaries and allowances as were payable respectively to the Speaker and the Deputy Speaker of the Legislative Assembly and the President and the Deputy President of the Legislative Council of the corresponding Province immediately before the commencement of this Constitution and, where the corresponding Province had no Legislative Council immediately before such commencement, there shall be paid to the Chairman and the Deputy Chairman of the Legislative Council of the State such salaries and allowances as the Governor of the State may determine.
## Part D
______________________________________________
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.(w.e.f. 1-11-1956).
2. Subs. by s. 29 and Sch., *ibid.*, for "any such State." (w.e.f. 1-11-1956).
3. The words and letter "of a State specified in Part A of the First Schedule" omitted by
s. 29 and Sch., *ibid.* (w.e.f. 1-11-1956).
4. Subs. by s. 29 and Sch., *ibid.*, for "such State" (w.e.f. 1-11-1956).
## Provisions As To The Judges Of The Supreme Court And Of The High Courts 1***
9. (1) There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say:—
| The Chief Justice .. | |
|-------------------------------|------|
| 2 | |
| [10,000 rupees.]. | |
| | |
| | |
| Any other Judge .. | |
| 3 | |
| [9,000 rupees.]. | |
| | |
| | |
Provided that if a Judge of the Supreme Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the Supreme Court 4[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 portion of the pension, and
(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.]
(2) Every Judge of the Supreme Court shall be entitled without payment of rent to the use of an official residence.
(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge who, immediately before the commencement of this Constitution,—
(a) was holding office as the Chief Justice of the Federal Court and has become on such commencement the Chief Justice of the Supreme
______________________________________________
Now two lakh eighty thousand rupees, *vide* the High Court and Supreme Court Judges
(Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6 (w.e.f. 1-1-2016).
3. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "4,000 rupees"
(w.e.f. 1-4-1986).
Now two lakh fifty thousand rupees, *vide* the High Court and Supreme Court Judges
(Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6 (w.e.f. 1-1-2016).
4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25(b), for "shall be
reduced by the amount of that pension" (w.e.f. 1-11-1956).
Court under clause (1) of article 374, or
(b) was holding office as any other Judge of the Federal Court and has on such commencement become a Judge (other than the Chief Justice) of the Supreme Court under the said clause, during the period he holds office as such Chief Justice or other Judge, and every Judge who so becomes the Chief Justice or other Judge of the Supreme Court shall, in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, be entitled to receive in addition to the salary specified in sub-paragraph (1) of this paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement.
(4) Every Judge of the Supreme Court shall receive such reasonable allowances to reimburse him for expenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travelling as the President may from time to time prescribe.
(5) The rights in respect of leave of absence (including leave allowances)
and pension of the Judges of the Supreme Court shall be governed by the provisions which, immediately before the commencement of this Constitution, were applicable to the Judges of the Federal Court.
10. (1) 1[There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say,—
The Chief Justice ..
2[9,000 rupees]
Any other Judge ..
3[8,000 rupees]:
Provided that if a Judge of a High Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any
______________________________________________
(w.e.f. 1-4-1986).
Now two lakh fifty thousand rupees, *vide* the High Court and Supreme Court Judges
(Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 2 (w.e.f. 1-1-2016).
3. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "3,500 rupees"
(w.e.f. 1-4-1986).
Now two lakh twenty-five thousand rupees, *vide* the High Court and Supreme Court
Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 2 (w.e.f. 1-1-2016).
## (Second Schedule)
previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the High Court 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 portion of the pension, and
(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.] (2) Every person who immediately before the commencement of this Constitution—
(a) was holding office as the Chief Justice of a High Court in any Province and has on such commencement become the Chief Justice of the High Court in the corresponding State under clause (1) of article 376, or
(b) was holding office as any other Judge of a High Court in any Province and has on such commencement become a Judge (other than the Chief Justice) of the High Court in the corresponding State under the said clause, shall, if he was immediately before such commencement drawing a salary at a rate higher than that specified in sub-paragraph (1) of this paragraph, be entitled to receive in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, in addition to the salary specified in the said sub-paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement.
1[(3) Any person who, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief Justice of the High Court of a State specified in Part B of the First Schedule and has on such commencement become the Chief Justice of the High Court of a State specified in the said Schedule as amended by the said Act, shall, if he was immediately before such commencement drawing any amount as allowance in addition to his salary, be entitled to receive in respect of time spent on actual service as such Chief Justice, the same amount as allowance in addition to the salary specified in sub-paragraph (1) of this paragraph.].
11. In this Part, unless the context otherwise requires,—
(a) the expression "Chief Justice" includes an acting Chief Justice,
______________________________________________
and a "Judge" includes an *ad hoc* Judge;
(b) "actual service" includes—
(i) time spent by a Judge on duty as a Judge or in the performance of such other functions as he may at the request of the President undertake to discharge;
(ii) vacations, excluding any time during which the Judge is absent on leave; and
(iii) joining time on transfer from a High Court to the Supreme Court or from one High Court to another.
## Part E Provisions As To The Comptroller And Auditor-General Of India
12. (1) There shall be paid to the Comptroller and Auditor-General of India a salary at the rate of *four thousand rupees per mensem.
(2) The person who was holding office immediately before the commencement of this Constitution as Auditor-General of India and has become on such commencement the Comptroller and Auditor-General of India under article 377 shall in addition to the salary specified in sub-paragraph (1) of this paragraph be entitled to receive as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing as Auditor-General of India immediately before such commencement.
(3) The rights in respect of leave of absence and pension and the other conditions of service of the Comptroller and Auditor-General of India shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to the Auditor-General of India immediately before the commencement of this Constitution and all references in those provisions to the Governor-General shall be construed as references to the President.
______________________________________________
[Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]
## Forms Of Oaths Or Affirmations I
Form of oath of office for a Minister for the Union:—
"I, A. B., do swear in the name of God that I will bear true faith
solemnly affirm
and allegiance to the Constitution of India as by law established, 1[that I
will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will."
## Ii
Form of oath of secrecy for a Minister for the Union:—
"I, A.B., do swear in the name of God that I will not directly or
solemnly affirm indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties as such Minister."
## 2[Iii A
Form of oath or affirmation to be made by a candidate for election to Parliament:—
______________________________________________
"I, A.B., having been nominated as a candidate to fill a seat in the
Council of States (or the House of the People) 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 uphold the sovereignty and integrity of India."
## B
Form of oath or affirmation to be made by a member of Parliament:—
"I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) do swear in the name of God
solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter."]
## Iv
Form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor-General of India:—
"I, A.B., having been appointed Chief Justice (or a Judge) of the Supreme Court of India (or Comptroller and Auditor-General of India) do swear in the name of God that I will bear true faith and
solemnly affirm faith and allegiance to the Constitution of India as by law established,
1[that I will uphold the sovereignty and integrity of India,] that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."
______________________________________________
## V
Form of oath of office for a Minister for a State:—
"I, A.B., do swear in the name of God that I will bear true faith
solemnly affirm and allegiance to the Constitution of India as by law established, 1[that I
will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the State of ..........and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will."
## Vi
Form of oath of secrecy for a Minister for a State:—
"I, A.B., do swear in the name of God that I will not directly or
solemnly affirm indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the State of ....................except as may be required for the due discharge of my duties as such Minister."
## 2[Vii A
Form of oath or affirmation to be made by a candidate for election to the Legislature of a State:—
"I, A.B., having been nominated as a candidate to fill
a seat in the Legislative Assembly (or Legislative Council), do swear in the name of God that I will bear true faith and
solemnly affirm allegiance to the Constitution of India as by law established and that I
will uphold the sovereignty and integrity of India."
______________________________________________
1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).
## B
Form of oath or affirmation to be made by a member of the Legislature of a State:—
"I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do swear in the name of God that
solemnly affirm I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter."]
## Viii
Form of oath or affirmation to be made by the Judges of a High Court:—
"I, A.B., having been appointed Chief Justice (or a Judge) of the High Court at (or of) ……….….. do swear in the name of God that I will bear
solemnly affirm true faith and allegiance to the Constitution of India as by law established, 1[that I will uphold the sovereignty and integrity of India,] that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."
______________________________________________
## 1[Fourth Schedule [Articles 4(1) And 80(2)] Allocation Of Seats In The Council Of States
To each State or Union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that State or that Union territory, as the case may be:
## Table
| 1. | Andhra Pradesh |
|---------|-------------------|
| 2 | |
| [11] | |
| 3 | |
| [2. | Telangana |
| 4 | |
| [3.] | Assam 7 |
| 4 | |
| [4.] | Bihar |
| 5 | |
| [16] | |
| 6 | |
| [ | |
| 4 | |
| [5.] | Jharkhand |
| 7 | |
| [ | |
| 8 | |
| [ | |
| 4 | |
| [6.] | Goa 1]] |
| 9 | |
| [ | |
| 8 | |
| [ | |
| 4 | |
| [7.] | Gujarat 11]] |
| 10 | |
| [ | |
| 8 | |
| [ | |
| 4 | |
| [8.] | Haryana 5]] |
| 8 | |
| [ | |
| 4 | |
| [9.] | Kerala 9 |
| | |
| | |
______________________________________________
(b)(w.e.f. 30-5-1987).
8. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000
(30 of 2000), s. 7 (w.e.f. 15-11-2000).
9. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6, for entry "4" (w.e.f.
1-5-1960).
10. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 (w.e.f. 1-11-1966).
(Fourth Schedule)
1[2[10.]]
Madhya Pradesh ...........................................................
3[11]
4[1[2[11.]
Chhattisgarh ................................................................ 5]]
5[1[2[12.]
Tamil Nadu ................................................................6[18]]
7[1[2[13.]
Maharashtra ................................................................19]]
8[1[2[14.]
Karnataka ................................................................
12]]
1[2[15.]
9[Odisha] ................................................................
10]
1[2[16.]
Punjab ...........................................................................
10[7]
1[2[17.]
Rajasthan ................................................................
10]
1[2[18.]
Uttar Pradesh ................................................................
11[31]
12[1[2[19.]
13[Uttarakhand] ...............................................................3]]
1[2[20.]
West Bengal ................................................................ 16]
14[1[2[**
* * * ................................................................*]
15[16[1[2[21.]
Nagaland ................................................................
1]]
______________________________________________
1. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000
(30 of 2000), s. 7 (w.e.f. 15-11-2000).
2. Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh
Reorganisation Act, 2014, s. 12 (w.e.f. 2-6-2014).
3. Subs. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 7, for "16"
(w.e.f. 1-11-2000).
4. Ins. by s. 7, *ibid*. (w.e.f. 1-11-2000). 5. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for "8.
Madras" (renumbered as *11) (w.e.f. 14-1-1969).
6. Subs. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of
1959), s. 8, for "17" (w.e.f. 1-4-1960).
7. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6 (w.e.f. 1-5-1960). 8. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for "10.
Mysore" (w.e.f. 1-11-1973).
9. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 7 for "Orissa"
(w.e.f. 1-11-2011).
10. Subs. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 for "11"
(w.e.f. 1-11-1966).
11. Subs. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 7 for "34"
(w.e.f. 9-11-2000).
12. Ins. by s. 7, *ibid.* (w.e.f. 9-11-2000). 13. Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 5 for
"Uttaranchal" (w.e.f. 1-1-2007).
14. ** Entry 21 relating to Jammu and Kashmir deleted by the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).
15. Entries 22 to 31 re-numbered as entries 21 to 30, respectively by the Jammu and
Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).
16. Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 6 (w.e.f. 1-12-1963).
(Fourth Schedule)
Himachal Pradesh ..........................................................3]]]
1[2[3[4[22.]
.]
3[2[4[23.]
Manipur .........................................................................1]
3[2[4[24.]
Tripura ...........................................................................1]]
3[2[4[25.]
Meghalaya ................................................................
1]]
5[3[2[4[26.]
Sikkim ............................................................................1]]
6[3[2[4[27.]
Mizoram ................................................................
1]]
7[3[2[4[28.]
Arunachal Pradesh .........................................................1]]
3[2[4[29.]
Delhi ..............................................................................3]
3[2[4[30.]
8[Puducherry] ................................................................1]]
9[3[2[4[31.
Jammu and Kashmir .......................................................4]
Total
10[233]
##
______________________________________________
1. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 5 (w.e.f. 25-1-1971). 2. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 7 (w.e.f. 15-11-2000). 3. Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh
Reorganisation Act, 2014 (6 of 2014), s. 12 (w.e.f. 2-6-2014).
4. Entries 22 to 31 renumbered as entries 21 to 30 respectively by the Jammu and
Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).
5. Ins. by the Constitution (Thirty-sixth Amenement) Act, 1975, s. 4 (w.e.f. 26-4-1975). 6. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 5 (w.e.f. 20-2-1987). 7. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 5 (w.e.f. 20-2-1987).
1987).
8. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006) s. 4, for
"Pondicherry" (w.e.f. 1-10-2006).
9. Ins. by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8
(w.e.f. 31-10-2019).
10. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6, for
"232" (w.e.f. 30-5-1987).
# Fifth Schedule [Article 244(1)] Provisions As To The Administration And Control Of Scheduled Areas And Scheduled Tribes
## Part A General
1. **Interpretation**.—In this Schedule, unless the context otherwise requires, the expression "State" 1*** does not include the 2[States of Assam 3[, 4[Meghalaya, Tripura and Mizoram.]]]
2. Executive power of a State in Scheduled Areas.—Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein.
3. Report by the Governor 5*** to the President regarding the administration of Scheduled Areas.—The Governor 5*** of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.
## Part B Administration And Control Of Scheduled Areas And Scheduled Tribes
4. Tribes Advisory Council.—(1) There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State:
______________________________________________
1. The words and letters "means a State specified in Part A or Part B of the First
Schedule but" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
"State of Assam" (w.e.f. 21-1-1972).
3. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 3, for "and
Meghalaya" (w.e.f. 1-4-1985).
4. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for "Meghalaya and
Tripura" (w.e.f. 20-2-1987).
5. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Provided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes.
(2) It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor 1***.
(3) The Governor 2*** may make rules prescribing or regulating, as the case may be,—
(a) the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof;
(b) the conduct of its meetings and its procedure in general; and (c) all other incidental matters.
5. Law applicable to Scheduled Areas.—(1) Notwithstanding anything in this Constitution, the Governor 1*** may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect.
(2) The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area.
In particular and without prejudice to the generality of the foregoing power, such regulations may—
(a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the Scheduled Tribes in such area;
## ______________________________________________ (Fifth Schedule)
(c) regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area.
(3) In making any such regulation as is referred to in sub-paragraph (2)
of this paragraph, the Governor 1*** may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question.
(4) All regulations made under this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect.
(5) No regulation shall be made under this paragraph unless the Governor 1** making the regulation has, in the case where there is a Tribes Advisory Council for the State, consulted such Council.
## Part C Scheduled Areas
6. Scheduled Areas.—(1) In this Constitution, the expression
"Scheduled Areas" means such areas as the President may by order
declare to be Scheduled Areas.
(2) The President may at any time by order—
(a) direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area or a part of such an area;
2[(aa) increase the area of any Scheduled Area in a State after consultation with the Governor of that State;]
(b) alter, but only by way of rectification of boundaries, any Scheduled Area;
______________________________________________
Scheduled Areas (Cessor) Order, 1955 (C.O. 50).
2. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976),
s. 2 (w.e.f. 7-9-1976).
(c) on any alteration of the boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territory not previously included in any State to be, or to form part of, a Scheduled Area;
1[(d) rescind, in relation to any State or States, any order or orders made under this paragraph, and in consultation with the Governor of the State concerned, make fresh orders redefining the areas which are to be Scheduled Areas;]
and any such order may contain such incidental and consequential provisions as appear to the President to be necessary and proper, but save as aforesaid, the order made under sub-paragraph (1) of this paragraph shall not be varied by any subsequent order.
## Part D Amendment Of The Schedule
7. Amendment of the Schedule.—(1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended.
(2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368.
______________________________________________
## Sixth Schedule
# [Articles 244(2) And 275(1)] Provisions As To The Administration Of Tribal Areas In 1[The States Of
Assam, Meghalaya, Tripura and Mizoram]
21. **Autonomous districts and autonomous regions.**—(1) Subject to the provisions of this paragraph, the tribal areas in each item of 3[4[Parts I, II
and IIA] and in Part III] of the table appended to paragraph 20 of this Schedule shall be an autonomous district.
(2) If there are different Scheduled Tribes in an autonomous district, the Governor may, by public notification, divide the area or areas inhabited by them into autonomous regions.
(3) The Governor may, by public notification,—
(a) include any area in 3[any of the Parts] of the said table, (b) exclude any area from 3[any of the Parts] of the said table,
(c) create a new autonomous district,
(d) increase the area of any autonomous district, (e) diminish the area of any autonomous district, (f) unite two or more autonomous districts or parts thereof so as to form one autonomous district,
5[(ff) alter the name of any autonomous district],
(g) define the boundaries of any autonomous district:
______________________________________________
1. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for certain words
(w.e.f. 20-2-1987).
2. Paragraph 1 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the following proviso after sub-paragraph (2), namely :—
"Provided that nothing in this sub-paragraph shall apply to the Bodoland Territorial Areas District" (w.e.f. 7-9-2003).
3. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)
and Eighth Sch., for "Part A" (w.e.f. 21-1-1972).
4. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for "Part I and
II" (w.e.f. 1-4-1985).
5. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and
Fourth Sch. (w.e.f. 2-4-1970).
Provided that no order shall be made by the Governor under clauses (c),
(d), (e) and (f) of this sub-paragraph except after consideration of the report of a Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule:
1[Provided further that any order made by the Governor under this sub-paragraph may contain such incidental and consequential provisions (including any amendment of paragraph 20 and of any item in any of the Parts of the said Table) as appear to the Governor to be necessary for giving effect to the provisions of the order.]
## 22. **Constitution Of District Councils And Regional Councils.**—
3[(1) There shall be a District Council for each autonomous district
consisting of not more than thirty members, of whom not more than four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult suffrage.]
## ______________________________________________ 1. Ins. By The North-Eastern Areas (Reorganisation) Act, 1971 (81 Of 1971), S. 71(I) And
Eighth Sch. (w.e.f. 21-1-1972).
2. Paragraph 2 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 2003(44 of 2003), s. 2, so as to insert the following proviso after sub-paragraph (1), namely: -
"Provided that the Bodoland Territorial Council shall consist of not more than
forty-six members of whom forty shall be elected on the basis of adult suffrage, of whom thirty shall be reserved for the Scheduled Tribes, five for non-tribal communities, five open for all communities and the remaining six shall be nominated by the Governor having same rights and privileges as other members, including voting rights, from amongst the un-represented communities of the Bodoland Territorial Areas District, of which at least two shall be women:"
Paragraph 2 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 1995(42 of 1995), s.2, so as to insert the following proviso in sub-paragraph (3), namely :—
"Provided that the District Council constituted for the North Cachar Hills
District shall be called as the North Cachar Hills Autonomous Council and the District Council constituted for the Karbi Anglong District shall be called as the Karbi Anglong Autonomous Council."
Paragraph 2 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 2003(44 of 2003), s. 2, so as to insert the following proviso after the existing proviso in sub-paragraph (3), namely:—
"Provided further that the District Council constituted for the Bodoland
Territorial Areas District shall be called the Bodoland Territorial Council."
3. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and
Fourth Sch., for sub-paraghaph (1) (w.e.f. 2-4-1970).
(2) There shall be a separate Regional Council for each area constituted an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule.
(3) Each District Council and each Regional Council shall be a body corporate by the name respectively of "the District Council of (name of district)" and "the Regional Council of (*name of region*)", shall have perpetual succession and a common seal and shall by the said name sue and be sued.
(4) Subject to the provisions of this Schedule, the administration of an autonomous district shall, in so far as it is not vested under this Schedule in any Regional Council within such district, be vested in the District Council for such district and the administration of an autonomous region shall be vested in the Regional Council for such region.
(5) In an autonomous district with Regional Councils, the District Council shall have only such powers with respect to the areas under the authority of the Regional Council as may be delegated to it by the Regional Council in addition to the powers conferred on it by this Schedule with respect to such areas.
(6) The Governor shall make rules for the first constitution of District Councils and Regional Councils in consultation with the existing tribal Councils or other representative tribal organisations within the autonomous districts or regions concerned, and such rules shall provide for—
(a) the composition of the District Councils and Regional Councils and the allocation of seats therein;
(b) the delimitation of territorial constituencies for the purpose of elections to those Councils;
(c) the qualifications for voting at such elections and the preparation of electoral rolls therefor;
(d) the qualifications for being elected at such elections as members of such Councils;
(e) the term of office of members of 1[Regional Councils];
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(f) any other matter relating to or connected with elections or nominations to such Councils;
(g) the procedure and the conduct of business 1[(including the power to act notwithstanding any vacancy)] in the District and Regional Councils;
(h) the appointment of officers and staff of the District and Regional Councils.
1[(6A) The elected members of the District Council shall hold office for a term of five years from the date appointed for the first meeting of the Council after the general elections to the Council, unless the District Council is sooner dissolved under paragraph 16 and a nominated member shall hold office at the pleasure of the Governor:
Provided that the said period of five years may, while a Proclamation of Emergency is in operation or if circumstances exist which, in the opinion of the Governor, render the holding of elections impracticable, be extended by the Governor for a period not exceeding one year at a time and in any case where a Proclamation of Emergency is in operation not extending beyond a period of six months after the Proclamation has ceased to operate:
Provided further that a member elected to fill a casual vacancy shall hold office only for the remainder of the term of office of the member whom he replaces.]
(7) The District or the Regional Council may after its first constitution make rules 1[with the approval of the Governor] with regard to the matters specified in sub-paragraph (6) of this paragraph and may also make rules 1[with like approval] regulating—
(a) the formation of subordinate local Councils or Boards and their procedure and the conduct of their business; and
(b) generally all matters relating to the transaction of business pertaining to the administration of the district or region, as the case may be:
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Provided that until rules are made by the District or the Regional Council under this sub-paragraph the rules made by the Governor under sub-paragraph (6) of this paragraph shall have effect in respect of elections to, the officers and staff of, and the procedure and the conduct of business in, each such Council.
## 1* * * * 23. Powers Of The District Councils And Regional Councils To Make Laws.—(1) The Regional Council For An Autonomous Region In ______________________________________________ 1. Second Proviso Omitted By S. 74 And Fourth Sch. Of The Assam Reorganisation (Meghalaya)
Act, 1969 (55 of 1969) (w.e.f. 2-4-1970).
2. Paragraph 3 has been amended in its application to the State of Assam by the Sixth Schedule to the
Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to substitute sub-paragraph (3) as
under (w.e.f. 7-9-2003),—
"(3) Save as otherwise provided in sub-paragraph (2) of paragraph 3A or sub-paragraph
(2) of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of paragraph 3A or sub-paragraph (1) of paragraph 3B shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect." .
After paragraph 3, the following paragraph has been inserted in its application to the State of
Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2 (w.e.f. 12-9-1995), namely: -
"3A. Additional powers of the North Cachar Hills Autonomous Council and the
Karbi Anglong Autonomous Council to make laws.—(1) Without prejudice to the provisions of paragraph 3, the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council within their respective districts, shall have power to make laws with respect to—
(a) industries, subject to the provisions of entries 7 and 52 of List I of the Seventh
Schedule;
(b) communications, that is to say, roads, bridges, ferries and other means of
communication not specified in List I of the Seventh Schedule; municipal tramways, ropeways, inland waterways and traffic thereon subject to the provisions of List I and List III of the Seventh Schedule with regard to such waterways; vehicles other than mechanically propelled vehicles;
(c) preservation, protection and improvement of stock and prevention of animal
diseases; veterinary training and practice; cattle pounds;
(d) primary and secondary education; (e) agriculture, including agricultural education and research, protection against pests
and prevention of plant diseases;
(f) fisheries;
## (Foot-Note Continue),—
(g) water, that is to say, water supplies, irrigation and canals, drainage and
embankments, water storage and water power subject to the provisions of entry 56 of List I of the Seventh Schedule;
(h) social security and social insurance; employment and unemployment; (i) flood control schemes for protection of villages, paddy fields, markets, towns, etc.
(not of technical nature);
(j) theatre and dramatic performances, cinemas subject to the provisions of entry 60 of
List I of the Seventh Schedule; sports, entertainments and amusements;
(k) public health and sanitation, hospitals and dispensaries; (l) minor irrigation; (m) trade and commerce in, and the production supply and distribution of, food stuffs,
cattle fodder, raw cotton and raw jute;
(n) libraries, museums and other similar institutions controlled or financed by the State;
ancient and historical monuments and records other than those declared by or under any law made by Parliament to be of national importance; and
(o) alienation of land.
(2) All laws made by the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council under paragraph 3 or under this paragraph shall, in so far as they relate to matters specified in List III of the Seventh Schedule, be submitted forthwith to the Governor who shall reserve the same for the consideration of the President.
(3) When a law is reserved for the consideration of the President, the President shall declare either that he assents to the said law or that he withholds assent therefrom:
Provided that the President may direct the Governor to return the law to the North Cachar Hills Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be, together with a message requesting that the said Council will reconsider the law or any specified provisions thereof and, in particular, will, consider the desirability of introducing any such amendments as he may recommend in his message and, when the law is so returned, the said Council shall consider the law accordingly within a period of six months from the date of receipt of such message and, if the law is again passed by the said Council with or without amendment it shall be presented again to the President for his consideration.".
After paragraph 3A, the following paragraph has been inserted in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f. 7-9-2003), namely:—
"3B. **Additional powers of the Bodoland Territorial Council to make laws.**—(1)
Without prejudice to the provisions of paragraph 3, the Bodoland Territorial Council within its areas shall have power to make laws with respect to :—
(i) agriculture, including agricultural education and research, protection against
pests and prevention of plant diseases; (ii) animal husbandry and veterinary, that is to say, preservation, protection and improvement of stock and prevention of animal diseases, veterinary training and practice, cattle pounds; (iii) co-operation; (iv) cultural affairs; (v) education, that is to say, primary education, higher secondary including vocational training, adult education, college education (general); (vi) fisheries; (vii) flood control for protection
##
(Foot-note continue),—
of village, paddy fields, markets and towns (not of technical nature); (viii) Food and civil supply; (ix) forests (other than reserved forests); (x) handloom and textile; (xi) health and family welfare, (xii) intoxicating liquors, opium and derivatives, subject to the provisions of entry 84 of List I of the Seventh Schedule; (xiii) irrigation; (xiv) labour and employment; (xv) land and revenue; (xvi) library services (financed and controlled by the State Government); (xvii) lotteries (subject to the provisions of entry 40 of List I of the Seventh Schedule), theatres, dramatic performances and cinemas (subject to the provisions of entry 60 of List I of the Seventh Schedule); (xviii) markets and fairs; (xix) municipal corporation, improvement trust, district boards and other local authorities; (xx) museum and archaeology institutions controlled or financed by the State, ancient and historical monuments and records other than those declared by or under any law made by Parliament to be of national importance; (xxi) panchayat and rural development; (xxii) planning and development; (xxiii) printing and stationery; (xxiv) public health engineering; (xxv) public works department; (xxvi) publicity and public relations; (xxvii) registration of births and deaths; (xxviii) relief and rehabilitation; (xxix) sericulture; (xxx) small, cottage and rural industry subject to the provisions of entries 7 and 52 of List I of the Seventh Schedule; (xxxi) social Welfare; (xxxii) soil conservation; (xxxiii) sports and youth welfare; (xxxiv) statistics; (xxxv) tourism; (xxxvi) transport (roads, bridges, ferries and other means of communications not specified in List I of the Seventh Schedule, municipal tramways, ropeways, inland waterways and traffic thereon subject to the provision of List I and List III of the Seventh Schedule with regard to such waterways, vehicles other than mechanically propelled vehicles); (xxxvii) tribal research institute controlled and financed by the State Government; (xxxviii) urban development—town and country planning; (xxxix) weights and measures subject to the provisions of entry 50 of List I of the Seventh Schedule; and (xl) Welfare of plain tribes and backward classes:
Provided that nothing in such laws shall— (a) extinguish or modify the existing rights and privileges of any citizen in respect of his land at the date of commencement of this Act; and
(b) disallow and citizen from acquiring land either by way of inheritance, allotment, settlement or by any other way of transfer if such citizen is otherwise eligible for such acquisition of land within the Bodoland Territorial Areas District.
(2) All laws made under paragraph 3 or under this paragraph shall in so far as they relate to matters specified in List III of the Seventh Schedule, be submitted forthwith to the Governor who shall reserve the same for the consideration of the President.
(3) When a law is reserved for the consideration of the President, the President shall declare
either that he assents to the said law or that he withholds assent therefrom:
Provided that the President may direct the Governor to return the law to the Bodoland Territorial Council, together with the message requesting that the said Council will reconsider the law or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when the law is so returned, the said Council shall consider the law accordingly within a period of six months from the date of receipt of such message and, if the law is again passed by the said Council with or without amendments it shall be presented again to the President for his consideration.".
respect of all areas within such region and the District Council for an autonomous district in respect of all areas within the district except those which are under the authority of Regional Councils, if any, within the district shall have power to make laws with respect to—
(a) the allotment, occupation or use, or the setting apart, of land, other than any land which is a reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the interests of the inhabitants of any village or town:
Provided that nothing in such laws shall prevent the compulsory acquisition of any land, whether occupied or unoccupied, for public purposes 1[by the Government of the State concerned] in accordance with the law for the time being in force authorising such acquisition;
(b) the management of any forest not being a reserved forest; (c) the use of any canal or water-course for the purpose of agriculture;
(d) the regulation of the practice of *jhum* or other forms of shifting cultivation;
(e) the establishment of village or town committees or councils and their powers;
(f) any other matter relating to village or town administration, including village or town police and public health and sanitation;
(g) the appointment or succession of Chiefs or Headmen; (h) the inheritance of property;
2[(i) marriage and divorce;]
(j) social customs.
(2) In this paragraph, a "reserved forest" means any area which is a reserved forest under the Assam Forest Regulation, 1891, or under any other law for the time being in force in the area in question.
(3) All laws made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.
______________________________________________
Fourth Sch., for cl. (i) (w.e.f. 2-4-1970).
14. Administration of justice in autonomous districts and autonomous regions.—(1) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of areas within the district other than those which are under the authority of the Regional Councils, if any, within the district may constitute village councils or courts for the trial of suits and cases between the parties all of whom belong to Scheduled Tribes within such areas, other than suits and cases to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, to the exclusion of any court in the State, and may appoint suitable persons to be members of such village councils or presiding officers of such courts, and may also appoint such officers as may be necessary for the administration of the laws made under paragraph 3 of this Schedule.
(2) Notwithstanding anything in this Constitution, the Regional Council for an autonomous region or any court constituted in that behalf by the Regional Council or, if in respect of any area within an autonomous district there is no Regional Council, the District Council for such district, or any court constituted in that behalf by the District Council, shall exercise the powers of a court of appeal in respect of all suits and cases triable by a village council or court constituted under sub-paragraph (1) of this paragraph within such region or area, as the case may be, other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, and no other court except the High Court and the Supreme Court shall have jurisdiction over such suits or cases.
(3) The High Court 2*** shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub-paragraph (2) of this paragraph apply as the Governor may from time to time by order specify.
(4) A Regional Council or District Council, as the case may be, may with the previous approval of the Governor make rules regulating -
so as to insert the following sub-paragraph after sub-paragraph (5), namely:—
"(6) Nothing in this paragraph shall apply to the Bodoland Territorial Council constituted under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule." .
2. The words "of Assam" omitted by the North-Eastern Areas (Reorganisation) Act, 1971
(81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).
(a) the constitution of village councils and courts and the powers to be exercised by them under this paragraph;
(b) the procedure to be followed by village councils or courts in the trial of suits and cases under sub-paragraph (1) of this paragraph;
(c) the procedure to be followed by the Regional or District Council or any court constituted by such Council in appeals and other proceedings under sub-paragraph (2) of this paragraph;
(d) the enforcement of decisions and orders of such councils and courts;
(e) all other ancillary matters for the carrying out of the provisions of sub-paragraphs (1) and (2) of this paragraph.
1[(5) On and from such date as the President may, 2[after consulting the Government of the State concerned], by notification appoint in this behalf, this paragraph shall have effect in relation to such autonomous district or region as may be specified in the notification, as if—
(i) in sub-paragraph (1), for the words "between the parties all of whom belong to Scheduled Tribes within such areas, other than suits and cases to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply,", the words "not being suits and cases of the nature referred to in sub-paragraph (1) of paragraph (5) of this Schedule, which the Governor may specify in this behalf," had been substituted;
(ii) sub-paragraphs (2) and (3) had been omitted; (iii) in sub-paragraph (4)—
(a) for the words "A Regional Council or District Council, as the case may be, may with the previous approval of the Governor make rules regulating", the words "the Governor may make rules regulating" had been substituted; and
(b) for clause (a), the following clause had been substituted, namely:—
"(a) the constitution of village councils and courts, the powers to be exercised by them under this paragraph
______________________________________________
2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)
and Eighth Sch., for certain words (w.e.f. 21-1-1972).
and the courts to which appeals from the decisions of village councils and courts shall lie;";
(c) for clause (c), the following clause had been substituted, namely:—
"(c) the transfer of appeals and other proceedings pending before the Regional or District Council or any court constituted by such Council immediately before the date appointed by the President under sub-paragraph (5);"; and
(d) in clause (e), for the words, brackets and figures
"sub-paragraphs (1) and (2)", the word, brackets and figure "sub-paragraph (1)" had been substituted.]
5. Conferment of powers under the Code of Civil Procedure,
1908, and the Code of Criminal Procedure, 18981, on the Regional and District Councils and on certain courts and officers for the trial of certain suits, cases and offences.—(1) The Governor may, for the trial of suits or cases arising out of any law in force in any autonomous district or region being a law specified in that behalf by the Governor, or for the trial of offences punishable with death, transportation for life, or imprisonment for a term of not less than five years under the Indian Penal Code or under any other law for the time being applicable to such district or region, confer on the District Council or the Regional Council having authority over such district or region or on courts constituted by such District Council or on any officer appointed in that behalf by the Governor, such powers under the Code of Civil Procedure, 1908, or, as the case may be, the Code of Criminal Procedure, 18981, as he deems appropriate, and thereupon the said Council, court or officer shall try the suits, cases or offences in exercise of the powers so conferred.
(2) The Governor may withdraw or modify any of the powers conferred on a District Council, Regional Council, court or officer under sub-paragraph (1) of this paragraph.
(3) Save as expressly provided in this paragraph, the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 18981, shall not apply to the trial of any suits, cases or offences in an autonomous district or in any autonomous region to which the provisions of this paragraph apply.
1[(4) On and from the date appointed by the President under subparagraph (5) of paragraph 4 in relation to any autonomous district or autonomous region, nothing contained in this paragraph shall, in its application to that district or region, be deemed to authorise the Governor to confer on the District Council or Regional Council or on courts constituted by the District Council any of the powers referred to in sub-paragraph (1) of this paragraph.]
2[6. Powers of the District Council to establish primary schools, etc.— (1) The District Council for an autonomous district may establish, construct, or manage primary schools, dispensaries, markets, 3[cattle pounds], ferries, fisheries, roads, road transport and waterways in the district and may, with the previous approval of the Governor, make regulations for the regulation and control thereof and, in particular, may prescribe the language and the manner in which primary education shall be imparted in the primary schools in the district.
(2) The Governor may, with the consent of any District Council, entrust either conditionally or unconditionally to that Council or to its officers functions in relation to agriculture, animal husbandry, community projects, co-operative societies, social welfare, village planning or any other matter to which the executive power of the State 4*** extends.
7. **District and Regional Funds**.—(1) There shall be constituted for each autonomous district, a District Fund and for each autonomous region, a Regional Fund to which shall be credited all moneys received respectively by the District Council for that district and the Regional Council for that region in the course of the administration of such district or region, as the case may be, in accordance with the provisions of this Constitution.
______________________________________________
ponds" (w.e.f. 20-12-1974).
4. The words "of Assam or Meghalaya, as the case may be," omitted by the North-
Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).
1[(2) The Governor may make rules for the management of the District Fund, or, as the case may be, the Regional Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid.
(3) The accounts of the District Council or, as the case may be, the Regional Council shall be kept in such form as the Comptroller and Auditor-General of India may, with the approval of the President, prescribe.
(4) The Comptroller and Auditor-General shall cause the accounts of the District and Regional Councils to be audited in such manner as he may think fit, and the reports of the Comptroller and Auditor-General relating to such accounts shall be submitted to the Governor who shall cause them to be laid before the Council.]
8. Powers to assess and collect land revenue and to impose taxes.—(1) The Regional Council for an autonomous region in respect of all lands within such region and the District Council for an autonomous district in respect of all lands within the district except those which are in the areas under the authority of Regional Councils, if any, within the district, shall have the power to assess and collect revenue in respect of such lands in accordance with the principles for the time being followed 2[by the Government of the State in assessing lands for the purpose of land revenue in the State generally.]
(2) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of all areas in the district except those which are under the authority of Regional Councils, if any, within the district, shall have power to levy and collect taxes on lands and buildings, and tolls on persons resident within such areas.
(3) The District Council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say -
(a) taxes on professions, trades, callings and employments;
(b) taxes on animals, vehicles and boats;
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1. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and
Fourth Sch., for sub-paragraph (2) (w.e.f. 2-4-1970).
2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)
and Eighth Sch., for certain words (w.e.f. 21-1-1972).
(c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; 1***
(d) taxes for the maintenance of schools, dispensaries or roads;
2[and]
3[(e) taxes on entertainment and amusements.]
(4) A Regional Council or District Council, as the case may be, may make regulations to provide for the levy and collection of any of the taxes specified in sub-paragraphs (2) and (3) of this paragraph 4[and every such regulation shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect].
59. Licences or leases for the purpose of prospecting for, or extraction of, minerals.—(1) Such share of the royalties accruing each year from licences or leases for the purpose of prospecting for, or the extraction of, minerals granted by 6[the Government of the State] in respect of any area within an autonomous district as may be agreed upon between 6[the Government of the State] and the District Council of such district shall be made over to that District Council.
(2) If any dispute arises as to the share of such royalties to be made over to a District Council, it shall be referred to the Governor for determination and the amount determined by the Governor in his discretion shall be deemed to be the amount payable under sub-paragraph (1) of this paragraph to the District Council and the decision of the Governor shall be final.
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5. Paragraph 9 has been amended in its application to the States of Tripura and
Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2 (w.e.f. 16-12-1988), so as to insert the following sub-paragraph after
sub-paragraph (2), namely:—
"(3) The Governor may, by order, direct that the share of royalties to be made
over to a District Council under this paragraph shall be made over to that Council within a period of one year from the date of any agreement under sub-paragraph (1) or, as the case may be, of any determination under sub-paragraph (2).".
6. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)
and Eighth Sch., for "the Government of Assam" (w.e.f. 21-1-1972).
## 110. Power Of District Council To Make Regulations For The Control
of money-lending and trading by non-tribals.—(1) The District Council of an autonomous district may make regulations for the regulation and control of money-lending or trading within the district by persons other than Scheduled Tribes resident in the district.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may—
(a) prescribe that no one except the holder of a licence issued in that behalf shall carry on the business of money-lending;
(b) prescribe the maximum rate of interest which may be charged or be recovered by a money-lender;
(c) provide for the maintenance of accounts by money-lenders and for the inspection of such accounts by officers appointed in that behalf by the District Council;
(d) prescribe that no person who is not a member of the Scheduled Tribes resident in the district shall carry on wholesale or retail business in any commodity except under a licence issued in that behalf by the District Council :
(a) in the heading, the words "by non-tribals" shall be omitted; (b) in sub-paragraph (1), the words "other than Scheduled Tribes" shall be omitted;
(c) in sub-paragraph (2), for clause (d), the following clause shall be substituted, namely:—
"(d) prescribe that no person resident in the district shall carry on any trade, whether wholesale or retail, except under a licence issued in that behalf by the District Council:".
the following sub-paragraph after sub-paragraph (3), namely:—
"(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council constituted
under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.".
## (Sixth Schedule)
Provided that no regulations may be made under this paragraph unless they are passed by a majority of not less than three-fourths of the total membership of the District Council:
Provided further that it shall not be competent under any such regulations to refuse the grant of a licence to a money-lender or a trader who has been carrying on business within the district since before the time of the making of such regulations.
(3) All regulations made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.
11. Publication of laws, rules and regulations made under the Schedule.—All laws, rules and regulations made under this Schedule by a District Council or a Regional Council shall be published forthwith in the Official Gazette of the State and shall on such publication have the force of law.
112.
2[Application of Acts of Parliament and of the Legislature of the State of Assam to autonomous districts and autonomous regions in the State of Assam].— (1) Notwithstanding anything in this Constitution, -
2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth
Sch., for the heading (w.e.f. 21-1-1972).
(a) no Act of the 1[Legislature of the State of Assam] in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the 1[Legislature of the State of Assam]
prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region 2[in that State] unless in either case the District Council for such district or having jurisdiction over such region by public notification so directs, and the District Council in giving such direction with respect to any Act may direct that the Act shall in its application to such district or region or any part thereof have effect subject to such exceptions or modifications as it thinks fit;
(b) the Governor may, by public notification, direct that any Act of Parliament or of the 1[Legislature of the State of Assam] to which the provisions of clause (a) of this sub-paragraph do not apply shall not apply to an autonomous district or an autonomous region
2[in that State], or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification. (2) Any direction given under sub-paragraph (1) of this paragraph may be given so as to have retrospective effect.
## 3[12A. Application Of Acts Of Parliament And Of The Legislature Of
the State of Meghalaya to autonomous districts and autonomous regions in the State of Meghalaya.—Notwithstanding anything in this Constitution,—
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## (Sixth Schedule)
(a) if any provision of a law made by a District or Regional Council in the State of Meghalaya with respect to any matter specified in sub-paragraph (1) of paragraph 3 of this Schedule or if any provision of any regulation made by a District Council or a Regional Council in that State under paragraph 8 or paragraph 10 of this Schedule, is repugnant to any provision of a law made by the Legislature of the State of Meghalaya with respect to that matter, then, the law or regulation made by the District Council or, as the case may be, the Regional Council whether made before or after the law made by the Legislature of the State of Meghalaya, shall, to the extent of repugnancy, be void and the law made by the Legislature of the State of Meghalaya shall prevail;
(b) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to an autonomous district or an autonomous region in the State of Meghalaya, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect.]
1[12AA. Application of Acts of Parliament and of the Legislature of the State of Tripura to the autonomous districts and autonomous regions in the State of Tripura.—Notwithstanding anything in this Constitution,—
(a) no Act of the Legislature of the State of Tripura in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the Legislature of the State of Tripura prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to the autonomous district or an autonomous region in that State unless, in either case, the District Council for that district or having jurisdiction over such region by public notification so directs, and the District Council in giving such direction with respect to any Act may direct that the Act shall, in its application to that district or such region or any part thereof have effect subject to such exceptions or modifications as it thinks fit;
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1. Paragraph 12AA ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4
(b) the Governor may, by public notification, direct that any Act of the Legislature of the State of Tripura to which the provisions of clause (a) of this sub-paragraph do not apply, shall not apply to the autonomous district or an autonomous region in that State, or shall apply to that district or such region, or any part thereof, subject to such exceptions or modifications, as he may specify in the notification;
(c) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to the autonomous district or an autonomous region in the State of Tripura, or shall apply to such district or region or any part thereof, subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect.]
1[12B. Application of Acts of Parliament and of the Legislature of the State of Mizoram to autonomous districts and autonomous regions in the State of Mizoram.—Notwithstanding anything in this Constitution,—
(a) no Act of the Legislature of the State of Mizoram in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the Legislature of the State of Mizoram prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region in that State unless, in either case, the District Council for such district or having jurisdiction over such region, by public notification, so directs, and the District Council, in giving such direction with respect to any Act, may direct that the Act shall, in its application to such district or region or any part thereof, have effect subject to such exceptions or modifications as it thinks fit;
(b) the Governor may, by public notification, direct that any Act of the Legislature of the State of Mizoram to which the provisions of clause (a) of this sub-paragraph do not apply, shall not apply to an autonomous district or an autonomous region in that State, or shall apply to such district or region, or any part thereof, subject to such exceptions or modifications, as he may specify in the notification;
(c) the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to an autonomous district or an autonomous region in the State of Mizoram, or shall apply to such district or region or any part thereof, subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect.]
13. Estimated receipts and expenditure pertaining to autonomous districts to be shown separately in the annual financial statement.—The estimated receipts and expenditure pertaining to an autonomous district which are to be credited to, or is to be made from, the Consolidated Fund of the State 1*** shall be first placed before the District Council for discussion and then after such discussion be shown separately in the annual financial statement of the State to be laid before the Legislature of the State under article 202.
214. Appointment of Commission to inquire into and report on the administration of autonomous districts and autonomous regions.— (1) The Governor may at any time appoint a Commission to examine and report on any matter specified by him relating to the administration of the autonomous districts and autonomous regions in the State, including matters specified in clauses (c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1 of this Schedule, or may appoint a Commission to inquire into and report from time to time on the administration of autonomous districts and autonomous regions in the State generally and in particular on—
(a) the provision of educational and medical facilities and communications in such districts and regions;
(b) the need for any new or special legislation in respect of such districts and regions; and
(c) the administration of the laws, rules and regulations made by the District and Regional Councils;
and define the procedure to be followed by such Commission.
Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2
(w.e.f.12.9.1995) as under:—
'in paragraph 14, in sub-paragraph (2), the words "with the recommendations
of the Governor with respect thereto" shall be omitted.'.
(2) The report of every such Commission with the recommendations of the Governor with respect thereto shall be laid before the Legislature of the State by the Minister concerned together with an explanatory memorandum regarding the action proposed to be taken thereon by 1[the Government of the State.]
(3) In allocating the business of the Government of the State among his Ministers the Governor may place one of his Ministers specially in charge of the welfare of the autonomous districts and autonomous regions in the State.
215. Annulment or suspension of acts and resolutions of District and Regional Councils.—(1) If at any time the Governor is satisfied that an act or resolution of a District or a Regional Council is likely to endanger the safety of India 3[or is likely to be prejudicial to public order], he may annul or suspend such act or resolution and take such steps as he may consider necessary (including the suspension of the Council and the assumption to himself of all or any of the powers vested in or exercisable by the Council) to prevent the commission or continuance of such act, or the giving of effect to such resolution.
(2) Any order made by the Governor under sub-paragraph (1) of this paragraph together with the reasons therefor shall be laid before the Legislature of the State as soon as possible and the order shall, unless revoked by the Legislature of the State, continue in force for a period of twelve months from the date on which it was so made:
Provided that if and so often as a resolution approving the continuance in force of such order is passed by the Legislature of the State, the order shall unless cancelled by the Governor continue in force for a further period of twelve months from the date on which under this paragraph it would otherwise have ceased to operate.
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1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)
and Eighth Sch., for "the Government of Assam" (w.e.f. 21-1-1972).
2. Paragraph 15 has been amended in its application to the States of Tripura and
Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67
of 1988), s. 2 (w.e.f. 16-12-1988), as under,—
'In paragraph 15, in sub-paragraph (2),-
(a)
in the opening paragraph, for the words "by the Legislature of the State", the words "by him" shall be substituted;
(b) the proviso shall be omitted.'.
3. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and
Fourth Sch. (w.e.f. 2-4-1970).
116. **Dissolution of a District or a Regional Council.**— 2[(1)] The Governor may on the recommendation of a Commission appointed under paragraph 14 of this Schedule by public notification order the dissolution of a District or a Regional Council, and—
(a) direct that a fresh general election shall be held immediately for the reconstitution of the Council, or
(b) subject to the previous approval of the Legislature of the State assume the administration of the area under the authority of such Council himself or place the administration of such area under the Commission appointed under the said paragraph or any other body considered suitable by him for a period not exceeding twelve months: Provided that when an order under clause (a) of this paragraph has been made, the Governor may take the action referred to in clause (b) of this paragraph with regard to the administration of the area in question pending the reconstitution of the Council on fresh general election:
Provided further that no action shall be taken under clause (b) of this paragraph without giving the District or the Regional Council, as the case may be, an opportunity of placing its views before the Legislature of the State.
'(a) in sub-paragraph (1), the words "subject to the previous approval of the
Legislature of the State" occurring in clause (b), and the second proviso shall be omitted;
(b) for sub-paragraph (3), the following sub-paragraph shall be substituted,
namely:—
"(3) Every order made under sub-paragraph (1) or sub-paragraph (2) of this paragraph, along with the reasons therefor shall be laid before the Legislature of the State.".'.
2. Paragraph 16 renumbered as sub-paragraph (1) thereof by the Assam
Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
1[(2) If at any time the Governor is satisfied that a situation has arisen in which the administration of an autonomous district or region cannot be carried on in accordance with the provisions of this Schedule, he may, by public notification, assume to himself all or any of the functions or powers vested in or exercisable by the District Council or, as the case may be, the Regional Council and declare that such functions or powers shall be exercisable by such person or authority as he may specify in this behalf, for a period not exceeding six months:
Provided that the Governor may by a further order or orders extend the
operation of the initial order by a period not exceeding six months on each occasion.
(3) Every order made under sub-paragraph (2) of this paragraph with the reasons therefor shall be laid before the Legislature of the State and shall cease to operate at the expiration of thirty days from the date on which the State Legislature first sits after the issue of the order, unless, before the expiry of that period it has been approved by that State Legislature.]
217. Exclusion of areas from autonomous districts in forming constituencies in such districts.—For the purposes of elections to 3[the Legislative Assembly of Assam or Meghalaya] 4[or Tripura] 5[or Mizoram], the Governor may by order declare that any area within an autonomous district 6[in the State of Assam or Meghalaya 4[or Tripura] 5[or Mizoram], as the case may be,] shall not form part of any constituency to fill a seat or seats in the Assembly reserved for any such district but shall form part of a constituency to fill a seat or seats in the Assembly not so reserved to be specified in the order.
7[18.*
*
*
* *]
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2. Paragraph 17 has been amended in its application to the State of Assam by the
Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f. 7-9-2003), so as to insert the following proviso, namely:—
"Provided that nothing in this paragraph shall apply to the Bodoland Territorial
Areas District.".
3. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)
and Eighth Sch., for "the Legislative Assembly of Assam" (w.e.f. 21-1-1972).
4. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985). 5. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987). 6. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i)
and Eighth Sch., for "the Legislative Assembly of Assam" (w.e.f. 21-1-1972).
7. Paragraph 18 omitted by s. 71(i) and Eighth Sch., *ibid.* (w.e.f. 21-1-1972).
119. **Transitional provisions.**—(1) As soon as possible after the commencement of this Constitution the Governor shall take steps for the constitution of a District Council for each autonomous district in the State under this Schedule and, until a District Council is so constituted for an autonomous district, the administration of such district shall be vested in the Governor and the following provisions shall apply to the administration of the areas within such district instead of the foregoing provisions of this Schedule, namely:—
(a) no Act of Parliament or of the Legislature of the State shall apply to any such area unless the Governor by public notification so directs; and the Governor in giving such a direction with respect to any Act may direct that the Act shall, in its application to the area or to any specified part thereof, have effect subject to such exceptions or modifications as he thinks fit;
(b) the Governor may make regulations for the peace and good government of any such area and any regulations so made may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to such area.
(2) Any direction given by the Governor under clause (a) of
sub-paragraph (1) of this paragraph may be given so as to have retrospective effect.
(3), namely :—
'(4) As soon as possible after the commencement of this Act an Interim Executive Council for Bodoland Territorial Areas District in Assam shall be formed by the Governor from amongst leaders of the Bodo movement, including the signatories to the Memorandum of Settlement, and shall provide adequate representation to the non-tribal communities in that area:
Provided that Interim Council shall be for a period of six months during which endeavour to hold the election to the Council shall be made.
Explanation.—For the purposes of this sub-paragraph, the expression
"Memorandum of Settlement" means the Memorandum signed on the 10th day of February, 2003 between Government of India, Government of Assam and Bodo Liberation Tigers.'.
(3) All regulations made under clause (b) of sub-paragraph (1) of this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect.
1[20. **Tribal areas.**—(1) The areas specified in Parts I, II 2[, IIA] and III of the table below shall respectively be the tribal areas within the State of Assam, the State of Meghalaya 2[, the State of Tripura] and the 3[State] of Mizoram.
(2) 4[Any reference in Part I, Part II or Part III of the table below] to any district shall be construed as a reference to the territories comprised within the autonomous district of that name existing immediately before the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971:
Provided that for the purposes of clauses (e) and (f) of sub-paragraph
(1) of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph
(2), clauses (a), (b) and (d) of sub-paragraph (3) and sub-paragraph (4) of paragraph 8 and clause (d) of sub-paragraph (2) of paragraph 10 of this Schedule, no part of the area comprised within the municipality of Shillong shall be deemed to be within the 5[Khasi Hills District].
2[(3) The reference in Part IIA in the table below to the "Tripura Tribal Areas District" shall be construed as a reference to the territory comprising the tribal areas specified in the First Schedule to the Tripura Tribal Areas Autonomous District Council Act, 1979.]
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1. Paragraph 20 subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of
1971), s. 71(i) and Eighth Sch., for paragraph 20 (w.e.f. 21-1-1972).
2. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985). 3. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for "Union territory"
(w.e.f. 20-2-1987).
4. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for "Any
reference in the table below" (w.e.f. 1-4-1985).
5. Subs. by the Government of Meghalaya Notification No. DCA 31/72/11, dated the
14th June, 1973, Gazette of Meghalaya, Pt. VA, dated 23-6-1973, p. 200.
PART I
1. The North Cachar Hills District.
2. 1[The Karbi Anglong District.]
2[3. The Bodoland Territorial Areas District.]
PART II
3[1. Khasi Hills District.
2. Jaintia Hills District.] 3. The Garo Hills District.
4[PART **IIA]**
Tripura Tribal Areas District]
Part III
5*
* *
6[1. The Chakma District. 7[2. The Mara District.
3. The Lai District.]]
8[20A.
Dissolution of the Mizo District Council.—(1)
Notwithstanding anything in this Schedule, the District Council of the Mizo District existing immediately before the prescribed date (hereinafter referred to as the Mizo District Council) shall stand dissolved and cease to exist.
##
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1. Subs. by the Government of Assam Notification No. TAD/R/115/74/47, dated
14-10-1976 for "The Mikir Hills District".
2. Ins. by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of
2003), s. 2 (w.e.f. 7-9-2003).
3. Subs. by the Government of Meghalaya Notification No. DCA 31/72/11, dated the
14th June, 1973, Gazette of Meghalaya, Pt. VA, dated 23-6-1973, p. 200.
4. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
5. The words "The Mizo District." omitted by the Government of Union Territories
(Amendment) Act, 1971 (83 of 1971), s. 13 (w.e.f. 16-2-1972).
6. Ins. by the Mizoram District Councils (Miscellaneous Provisions) Order, 1972,
published in the Mizoram Gazette, 1972, dated the 5th May, 1972, Vol. I, Pt. II, p.17 (w.e.f. 29-4-1972).
7. Subs. by the Sixth Schedule to the Constitution (Amendment) Act, 1988
(67 of 1988), s. 2, for serial numbers 2 and 3 and the entries relating thereto (w.e.f. 16-12-1988).
8. Paragraph 20A subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of
1971), s.14, for paragraph 20 and further subs. by the Government of Union Territories (Amendment) Act, 1971 (83 of 1971), s. 13, for paragraph 20A (w.e.f. 16-
2-1972).
## (Sixth Schedule)
(2) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely:—
(a) the transfer, in whole or in part, of the assets, rights and liabilities of the Mizo District Council (including the rights and liabilities under any contract made by it) to the Union or to any other authority;
(b) the substitution of the Union or any other authority for the Mizo District Council, or the addition of the Union or any other authority, as a party to any legal proceedings to which the Mizo District Council is a party;
(c) the transfer or re-employment of any employees of the Mizo District Council to or by the Union or any other authority, the terms and conditions of service applicable to such employees after such transfer or re-employment;
(d) the continuance of any laws, made by the Mizo District Council and in force immediately before its dissolution, subject to such adaptations and modifications, whether by way of repeal or amendment, as the Administrator may make in this behalf, until such laws are altered, repealed or amended by a competent Legislature or other competent authority;
(e) such incidental, consequential and supplementary matters as the Administrator considers necessary.
Explanation.—In this paragraph and in paragraph 20B of this Schedule, the expression "prescribed date" means the date on which the Legislative Assembly of the Union territory of Mizoram is duly constituted under and in accordance with the provisions of the Government of Union Territories Act, 1963.]
1[*20B. Autonomous regions in the Union territory of Mizoram to be autonomous districts and transitory provisions consequent thereto.—(1) Notwithstanding anything in this Schedule,—
(a) every autonomous region existing immediately before the prescribed date in the Union territory of Mizoram shall, on and from that date, be an autonomous district in that Union territory (hereafter referred to as the corresponding new district) and the Administrator thereof may, by one or more orders, direct that such consequential
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1.Subs. by the Government of Union Territories (Amendment) Act, 1971 (83 of 1971), s. 13, for paragraph 20A (w.e.f. 16-2-1972).
* After paragraph 20B, the following paragraph has been inserted in its application to the State of Assam by the Sixth Schedule to the Constitution of India (Amendment) Act,1995 (42 of 1995), s.2 (w.e.f. 12-2-1995), namely:- "20BA. Exercise of discretionary powers by the Governor in the discharge of his functions.—The Governor in the discharge of his functions under sub-paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1), (6), sub-paragraph (6A) excluding the first proviso and sub-paragraph (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, subparagraph (2) of paragraph 7, sub-paragraph (4) of paragraph 8, sub-paragraph (3) of paragraph 9, sub-paragraph (3) of paragraph 10, sub-paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16 of this Schedule, shall, after consulting the Council of Ministers and the North Cachar Hills Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be, take such action as he considers necessary in his discretion.". * After paragraph 20B, the following paragraph has been inserted in its application to the State of Tripura and Mizoram, by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s.2 (16-12-1988), namely:-
"20BB. Exercise of discretionary powers by the Governor in the discharge of his functions.—The Governor, in the discharge of his functions under subparagraphs (2) and (3) of paragraph 1, sub-paragraphs (1) and (7) of paragraph 2, subparagraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5, subparagraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (3) of paragraph 9, sub-paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16 of this Schedule, shall, after consulting the Council of Ministers, and if he thinks it necessary, the District Council or the Regional Council concerned, take such action as he considers necessary in his discretion.".
amendments as are necessary to give effect to the provisions of this clause shall be made in paragraph 20 of this Schedule (including Part III of the table appended to that paragraph) and thereupon the said paragraph and the said Part III shall be deemed to have been amended accordingly;
(b) every Regional Council of an autonomous region in the Union territory of Mizoram existing immediately before the prescribed date (hereafter referred to as the existing Regional Council) shall, on and from that date and until a District Council is duly constituted for the corresponding new district, be deemed to be the District Council of that district (hereafter referred to as the corresponding new District Council).
(2) Every member whether elected or nominated of an existing Regional Council shall be deemed to have been elected or, as the case may be, nominated to the corresponding new District Council and shall hold office until a District Council is duly constituted for the corresponding new district under this Schedule.
(3) Until rules are made under sub-paragraph (7) of paragraph 2 and subparagraph (4) of paragraph 4 of this Schedule by the corresponding new District Council, the rules made under the said provisions by the existing Regional Council and in force immediately before the prescribed date shall have effect in relation to the corresponding new District Council subject to such adaptations and modifications as may be made therein by the Administrator of the Union territory of Mizoram.
(4) The Administrator of the Union territory of Mizoram may, by one or more orders, provide for all or any of the following matters, namely:—
(a) the transfer in whole or in part of the assets, rights and liabilities of the existing Regional Council (including the rights and liabilities under any contract made by it) to the corresponding new District Council;
(b) the substitution of the corresponding new District Council for the existing Regional Council as a party to the legal proceedings to which the existing Regional Council is a party;
(c) the transfer or re-employment of any employees of the existing Regional Council to or by the corresponding new District Council, the terms and conditions of service applicable to such employees after such transfer or re-employment;
(d) the continuance of any laws made by the existing Regional Council and in force immediately before the prescribed date, subject to such adaptations and modifications, whether by way of repeal or amendment, as the Administrator may make in this behalf until such laws are altered, repealed or amended by a competent Legislature or other competent authority;
(e) such incidental, consequential and supplementary matters as the Administrator considers necessary.
1[20C. **Interpretation**.—Subject to any provision made in this behalf, the provisions of this Schedule shall, in their application to the Union territory of Mizoram, have effect—
(1) as if references to the Governor and Government of the State were references to the Administrator of the Union territory appointed under article 239, references to State (except in the expression "Government of the State") were references to the Union territory of Mizoram and references to the State Legislature were references to the Legislative Assembly of the Union territory of Mizoram;
(2) as if—
(a) in sub-paragraph (5) of paragraph 4, the provision for consultation with the Government of the State concerned had been omitted;
(b) in sub-paragraph (2) of paragraph 6, for the words "to which the executive power of the State extends", the words "with respect to which the Legislative Assembly of the Union territory of Mizoram has power to make laws" had been substituted;
(c) in paragraph 13, the words and figures "under article
202" had been omitted.]
21. **Amendment of the Schedule**.—(1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended.
(2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368.
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## Seventh Schedule (Article 246) List I—Union List
1. Defence of India and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination to effective demobilisation.
2. Naval, military and air forces; any other armed forces of the Union.
1[2A. Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment.]
3. Delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas.
4. Naval, military and air force works.
5. Arms, firearms, ammunition and explosives.
6. Atomic energy and mineral resources necessary for its production.
7. Industries declared by Parliament by law to be necessary for the
purpose of defence or for the prosecution of war.
8. Central Bureau of Intelligence and Investigation. 9. Preventive detention for reasons connected with Defence, Foreign Affairs, or the security of India; persons subjected to such detention.
10. Foreign affairs; all matters which bring the Union into relation with any foreign country.
11. Diplomatic, consular and trade representation. 12. United Nations Organisation. 13. Participation in international conferences, associations and other bodies and implementing of decisions made thereat.
14. Entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries.
______________________________________________
15. War and peace.
16. Foreign jurisdiction. 17. Citizenship, naturalisation and aliens.
18. Extradition.
19. Admission into, and emigration and expulsion from, India; passports
and visas.
20. Pilgrimages to places outside India. 21. Piracies and crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air.
22. Railways. 23. Highways declared by or under law made by Parliament to be national highways.
24. Shipping and navigation on inland waterways, declared by Parliament by law to be national waterways, as regards mechanically propelled vessels; the rule of the road on such waterways.
25. Maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by States and other agencies.
26. Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft.
27. Ports declared by or under law made by Parliament or existing law to be major ports, including their delimitation, and the constitution and powers of port authorities therein.
28. Port quarantine, including hospitals connected therewith; seamen's and marine hospitals.
29. Airways; aircraft and air navigation; provision of aerodromes;
regulation and organisation of air traffic and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by States and other agencies.
30. Carriage of passengers and goods by railway, sea or air, or by national waterways in mechanically propelled vessels.
31. Posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication.
32. Property of the Union and the revenue therefrom, but as regards property situated in a State 1*** subject to legislation by the State, save in so far as Parliament by law otherwise provides.
2[33*
*
*
* *]
34. Courts of wards for the estates of Rulers of Indian States.
35. Public debt of the Union.
36. Currency, coinage and legal tender; foreign exchange.
37. Foreign loans.
38. Reserve Bank of India.
39. Post Office Savings Bank.
40. Lotteries organised by the Government of India or the Government of
a State.
41. Trade and commerce with foreign countries; import and export across customs frontiers; definition of customs frontiers.
42. Inter-State trade and commerce. 43. Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations, but not including co-operative societies.
44. Incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one State, but not including universities.
45. Banking. 46. Bills of exchange, cheques, promissory notes and other like instruments.
47. Insurance. 48. Stock exchanges and futures markets. 49. Patents, inventions and designs; copyright; trade-marks and merchandise marks.
50. Establishment of standards of weight and measure.
51. Establishment of standards of quality for goods to be exported out of India or transported from one State to another.
52. Industries, the control of which by the Union is declared by Parliament by law to be expedient in the public interest.
53. Regulation and development of oilfields and mineral oil resources;
petroleum and petroleum products; other liquids and substances declared by Parliament by law to be dangerously inflammable.
54. Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.
55. Regulation of labour and safety in mines and oilfields. 56. Regulation and development of inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.
57. Fishing and fisheries beyond territorial waters.
58. Manufacture, supply and distribution of salt by Union agencies;
regulation and control of manufacture, supply and distribution of salt by other agencies.
59. Cultivation, manufacture, and sale for export, of opium. 60. Sanctioning of cinematograph films for exhibition. 61. Industrial disputes concerning Union employees. 62. The institutions known at the commencement of this Constitution as the National Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial and the Indian War Memorial, and any other like institution financed by the Government of India wholly or in part and declared by Parliament by law to be an institution of national importance.
63. The institutions known at the commencement of this Constitution as the Benares Hindu University, the Aligarh Muslim University and the 1[Delhi University; the University established in pursuance of article 371E;] any other institution declared by Parliament by law to be an institution of national importance.
______________________________________________
64. Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institutions of national importance.
65. Union agencies and institutions for—
(a) professional, vocational or technical training, including the training of police officers; or
(b) the promotion of special studies or research; or (c) scientific or technical assistance in the investigation or detection of crime.
66. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.
67. Ancient and historical monuments and records, and archaeological sites and remains, 1[declared by or under law made by Parliament] to be of national importance.
68. The Survey of India, the Geological, Botanical, Zoological and Anthropological Surveys of India; Meteorological organisations.
69. Census.
70. Union Public Service; All-India Services; Union Public Service Commission.
71. Union pensions, that is to say, pensions payable by the Government of India or out of the Consolidated Fund of India.
72. Elections to Parliament, to the Legislatures of States and to the offices of President and Vice-President; the Election Commission.
73. Salaries and allowances of members of Parliament, the Chairman and Deputy Chairman of the Council of States and the Speaker and Deputy Speaker of the House of the People.
74. Powers, privileges and immunities of each House of Parliament and of the members and the Committees of each House; enforcement of attendance of persons for giving evidence or producing documents before committees of Parliament or commissions appointed by Parliament.
75. Emoluments, allowances, privileges, and rights in respect of leave of absence, of the President and Governors; salaries and allowances of the Ministers for the Union; the salaries, allowances, and rights in respect of leave of absence and other conditions of service of the Comptroller and Auditor- General of India.
______________________________________________
76. Audit of the accounts of the Union and of the States. 77. Constitution, organisation, jurisdiction and powers of the Supreme Court (including contempt of such Court), and the fees taken therein; persons entitled to practise before the Supreme Court.
78. Constitution and organisation 1[(including vacations)] of the High Courts except provisions as to officers and servants of High Courts; persons entitled to practise before the High Courts.
2[79. Extension of the jurisdiction of a High Court to, and exclusion of the jurisdiction of a High Court from, any Union territory.]
80. Extension of the powers and jurisdiction of members of a police force belonging to any State to any area outside that State, but not so as to enable the police of one State to exercise powers and jurisdiction in any area outside that State without the consent of the Government of the State in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any State to railway areas outside that State.
81. Inter-State migration; inter-State quarantine.
82. Taxes on income other than agricultural income. 83. Duties of customs including export duties.
3[84. Duties of excise on the following goods manufactured or produced in India, namely:—
(a) petroleum crude; (b) high speed diesel; (c) motor spirit (commonly known as petrol); (d) natural gas; (e) aviation turbine fuel; and (f) tobacco and tobacco products.]
85. Corporation tax.
effect).
2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. for entry 79
(w.e.f. 1-11-1956).
3. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(a)(i)
for entry 84 (w.e.f. 16-9-2016).
86. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies.
87. Estate duty in respect of property other than agricultural land. 88. Duties in respect of succession to property other than agricultural land.
89. Terminal taxes on goods or passengers, carried by railway, sea or air;
taxes on railway fares and freights.
90. Taxes other than stamp duties on transactions in stock exchanges and futures markets.
91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts.
1[92. * * * * * *] 2[92A. Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce.]
3[92B. Taxes on the consignments of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce.]
4[92C. * * * * * *]
93. Offences against laws with respect to any of the matters in this List. 94. Inquires, surveys and statistics for the purpose of any of the matters in this List.
95. Jurisdiction and powers of all courts, except the Supreme Court, with
respect to any of the matters in this List; admiralty jurisdiction.
96. Fees in respect of any of the matters in this List, but not including fees
taken in any court.
97. Any other matter not enumerated in List II or List III including any tax
not mentioned in either of those Lists.
______________________________________________
1. Entry 92 omitted by the Constitution (One Hundred and First Amendment) Act, 2016,
s. 17(a)(ii) (w.e.f. 16-9-2016).
2. Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 2 (w.e.f. 11-9-1956). 3. Ins.by the Constitution (Forty-sixth Amendment) Act, 1982, s. 5 (w.e.f. 2-2-1983). 4. Entry 92C was ins. by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 4
(date not notified) and omitted by the Constitution (One Hundred and First
Amendment) Act, 2016, s. 17(a)(ii) (w.e.f. 16-9-2016).
## List Ii—State List
1. Public order (but not including 1[the use of any naval, military or air force or any other armed force of the Union or of any other force subject to the control of the Union or of any contingent or unit thereof] in aid of the civil power).
2[2. Police (including railway and village police) subject to the provisions of entry 2A of List I.]
3. 3*** Officers and servants of the High Court; procedure in rent and revenue courts; fees taken in all courts except the Supreme Court.
4. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other States for the use of prisons and other institutions.
5. Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, districts boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.
6. Public health and sanitation; hospitals and dispensaries. 7. Pilgrimages, other than pilgrimages to places outside India. 8. Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.
9. Relief of the disabled and unemployable.
10. Burials and burial grounds; cremations and cremation grounds.
4[11*
*
* *
*]
12. Libraries, museums and other similar institutions controlled or
financed by the State; ancient and historical monuments and records other than those 5[declared by or under law made by Parliament] to be of national importance.
3. Certain words omitted by s. 57, *ibid.* (w.e.f. 3-1-1977).
4. Entry 11 omitted by s. 57, *ibid*. (w.e.f. 3-1-1977). 5. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for "declared by
Parliament by law" (w.e.f. 1-11-1956).
13. Communications, that is to say, roads, bridges, ferries, and other means of communication not specified in List I; municipal tramways;
ropeways; inland waterways and traffic thereon subject to the provisions of List I and List III with regard to such waterways; vehicles other than mechanically propelled vehicles.
14. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases.
15. Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.
16. Pounds and the prevention of cattle trespass. 17. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of List I.
18. Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.
1[19*
* * * *
20*
* * * *]
21. Fisheries. 22. Courts of wards subject to the provisions of entry 34 of List I;
encumbered and attached estates.
23. Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the control of the Union.
24. Industries subject to the provisions of 2[entries 7 and 52] of List I.
25. Gas and gas-works. 26. Trade and commerce within the State subject to the provisions of entry
33 of List III.
2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 28 for "entry 52"
(w.e.f. 1-11-1956).
##
27. Production, supply and distribution of goods subject to the provisions of entry 33 of List III.
28. Markets and fairs.
1[29* * * * *]
30. Money-lending and money-lenders; relief of agricultural indebtedness.
31. Inns and inn-keepers.
32. Incorporation, regulation and winding up of corporations, other than
those specified in List I, and universities; unincorporated trading, literary, scientific, religious and other societies and associations; co-operative societies.
33. Theatres and dramatic performances; cinemas subject to the provisions of entry 60 of List I; sports, entertainments and amusements.
34. Betting and gambling.
35. Works, lands and buildings vested in or in the possession of the State.
2[36* * * * *]
37. Elections to the Legislature of the State subject to the provisions of
any law made by Parliament.
38. Salaries and allowances of members of the Legislature of the State, of the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a Legislative Council, of the Chairman and Deputy Chairman thereof.
39. Powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof, and, if there is a Legislative Council, of that Council and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of the State.
40. Salaries and allowances of Ministers for the State. 41. State public services; State Public Service Commission. 42. State pensions, that is to say, pensions payable by the State or out of
the Consolidated Fund of the State.
43. Public debt of the State. 44. Treasure trove.
45. Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues.
46. Taxes on agricultural income.
47. Duties in respect of succession to agricultural land.
48. Estate duty in respect of agricultural land.
49. Taxes on lands and buildings.
50. Taxes on mineral rights subject to any limitations imposed by
Parliament by law relating to mineral development.
51. Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India:—
(a) alcoholic liquors for human consumption; (b) opium, Indian hemp and other narcotic drugs and narcotics, but not including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry.
1[52. * * * * * *]
53. Taxes on the consumption or sale of electricity.
2[54. Taxes on the sale of petroleum crude, high speed diesel, motor spirit
(commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption, but not including sale in the course of inter-State trade or commerce or sale in the course of international trade or commerce of such goods.]
3[55. * * * * * *]
56. Taxes on goods and passengers carried by road or on inland waterways.
## ______________________________________________ 1. Entry 52 Omitted By The Constitution (One Hundred And First Amendment) Act, 2016,
s. 17(b)(i) (w.e.f. 16-9-2016).
2. Subs. by the Constitution (Sixth Amendment) Act, 1956, s. 2 (w.e.f. 11-9-1956) and
further subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(b)(ii) (w.e.f. 16-9-2016).
3. Entry 55 omitted by the Constitution (One Hundred and First Amendment) Act, 2016,
s. 17(b)(iii) (w.e.f. 16-9-2016).
57. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provisions of entry 35 of List III.
58. Taxes on animals and boats.
59. Tolls.
60. Taxes on professions, trades, callings and employments.
61. Capitation taxes.
1[62. Taxes on entertainments and amusements to the extent levied and
collected by a Panchayat or a Municipality or a Regional Council or a District Council.]
63. Rates of stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty.
64. Offences against laws with respect to any of the matters in this List. 65. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.
66. Fees in respect of any of the matters in this List, but not including fees taken in any court.
## List Iii—Concurrent List
1. Criminal law, including all matters included in the Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power.
2. Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution.
3. Preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.
4. Removal from one State to another State of prisoners, accused persons and persons subjected to preventive detention for reasons specified in entry 3 of this List.
______________________________________________
5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
6. Transfer of property other than agricultural land; registration of deeds and documents.
7. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.
8. Actionable wrongs.
9. Bankruptcy and insolvency.
10. Trust and Trustees.
11. Administrators-general and official trustees.
1[11A. Administration of Justice; constitution and organisation of all
courts, except the Supreme Court and the High Courts.]
12. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings.
13. Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and arbitration.
14. Contempt of court, but not including contempt of the Supreme Court. 15. Vagrancy; nomadic and migratory tribes. 16. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.
17. Prevention of cruelty to animals.
1[17A. Forests.
17B. Protection of wild animals and birds.]
18. Adulteration of foodstuffs and other goods.
19. Drugs and poisons, subject to the provisions of entry 59 of List I with
respect to opium.
20. Economic and social planning.
1[20A. Population control and family planning.]
______________________________________________
21. Commercial and industrial monopolies, combines and trusts.
22. Trade unions; industrial and labour disputes. 23. Social security and social insurance; employment and unemployment. 24. Welfare of labour including conditions of work, provident funds,
employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits.
1[25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour.]
26. Legal, medical and other professions. 27. Relief and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the Dominions of India and Pakistan.
28. Charities and charitable institutions, charitable and religious
endowments and religious institutions.
29. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants.
30. Vital statistics including registration of births and deaths.
31. Ports other than those declared by or under law made by Parliament or existing law to be major ports.
32. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to national waterways.
2[33. Trade and commerce in, and the production, supply and distribution of,—
(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products;
(b) foodstuffs, including edible oilseeds and oils; (c) cattle fodder, including oilcakes and other concentrates; (d) raw cotton, whether ginned or unginned, and cotton seed; and
(w.e.f. 22-2-1955).
(e) raw jute.]
1[33A. Weights and measures except establishment of standards.]
34. Price control. 35. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied.
36. Factories
37. Boilers.
38. Electricity.
39. Newspapers, books and printing presses.
40. Archaeological sites and remains other than those 2[declared by or
under law made by Parliament] to be of national importance.
41. Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property.
3[42. Acquisition and requisitioning of property.]
43. Recovery in a State of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outside that State.
44. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.
45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III.
46. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.
47. Fees in respect of any of the matters in this List, but not including fees taken in any court.
1. Assamese.
2. Bengali.
1[3. Bodo.
4. Dogri.]
2[5.] Gujarati.
3[6.] Hindi. 3[7.] Kannada. 3[8.] Kashmiri.
4[3[9.] Konkani.] 1[10. Maithili.] 5[11.] Malayalam.
4[6[12.] Manipuri.] 6[13.] Marathi.
4[6[14.] Nepali.] 6[15.] 7[Odia]. 6[16.] Punjabi. 6[17.] Sanskrit.
2. Entry 3 renumbered as entry 5 by s. 2, *ibid.* (w.e.f. 7-1-2004). 3. Entries 4 to 7 renumbered as entries 6 to 9 by s. 2, *ibid.* (w.e.f. 7-1-2004). 4. Ins. by the Constitution (Seventy-first Amendment) Act, 1992, s.2 (w.e.f. 31-8-1992). 5. Entry 8 renumbered as entry 11 by the Constitution (Ninety-second Amendment) Act,
2003, s. 2 (w.e.f. 7-1-2004).
6. Entries 9 to 14 renumbered as entries 12 to 17 by s. 2, *ibid.* (w.e.f. 7-1-2004).
(w.e.f. 23-9-2011).
1[18. Santhali.] 2[3[19.] Sindhi.]
4[20.] Tamil.
4[21.] Telugu.
4[22.] Urdu.
## ______________________________________________ 1[Ninth Schedule (Article 31B)
1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950). 2. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act
LXVII of 1948).
3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949). 4. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII
of 1949).
5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bombay Act
LXIII of 1949).
6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950). 7. The Bombay Paragana and Kulkarni Watan Abolition Act, 1950
(Bombay Act LX of 1950).
8. The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals,
Alienated Lands) Act, 1950 (Madhya Pradesh Act I of 1951).
9. The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948
(Madras Act XXVI of 1948).
10. The Madras Estates (Abolition and Conversion into Ryotwari)
Amendment Act, 1950 (Madras Act I of 1950).
11. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950
(Uttar Pradesh Act I of 1951).
12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F (No. LXIX of
1358, Fasli).
13. The Hyderabad Jagirs (Commutation) Regulation, 1359F (No. XXV of
1359, Fasli).]
2[14. The Bihar Displaced Persons Rehabilitation (Acquisition of Land)
Act, 1950 (Bihar Act XXXVIII of 1950).
15. The United Provinces Land Acquisition (Rehabilitation of Refugees)
Act, 1948 (U.P. Act XXVI of 1948).
16. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948
(Act LX of 1948).
17. Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938), as inserted by section 42 of the Insurance (Amendment) Act, 1950 (Act XLVII of 1950).
18. The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951).
19. Chapter III-A of the Industries (Development and Regulation) Act,
1951 (Act LXV of 1951), as inserted by section 13 of the Industries
(Development and Regulation) Amendment Act, 1953 (Act XXVI of 1953).
20. The West Bengal Land Development and Planning Act, 1948 (West Bengal Act XXI of 1948), as amended by West Bengal Act XXIX of 1951.]
1[21. The Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961
(Andhra Pradesh Act X of 1961).
22. The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands
(Validation) Act, 1961 (Andhra Pradesh Act XXI of 1961).
23. The Andhra Pradesh (Telangana Area) Ijara and Kowli Land Cancellation of Irregular Pattas and Abolition of Concessional Assessment Act, 1961 (Andhra Pradesh Act XXXVI of 1961).
24. The Assam State Acquisition of Lands belonging to Religious or Charitable Institution of Public Nature Act, 1959 (Assam Act IX of 1961).
25. The Bihar Land Reforms (Amendment) Act, 1953 (Bihar Act XX of
1954).
26. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962), except section 28 of this Act.
27. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1954
(Bombay Act I of 1955).
28. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1957
(Bombay Act XVIII of 1958).
29. The Bombay Inams (Kutch Area) Abolition Act, 1958 (Bombay Act XCVIII of 1958).
30. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment)
Act, 1960 (Gujarat Act XVI of 1960).
31. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act XXVI
of 1961).
32. The Sagbara and Mehwassi Estates (Proprietary Rights Abolition, etc.)
Regulation, 1962 (Gujarat Regulation I of 1962).
______________________________________________
1. Entries 21 to 64 and Explanation added by the Constitution (Seventeenth Amendment)
33. The Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat Act XXXIII of 1963), except in so far as this Act relates to an alienation referred to in sub-clause (d) of clause (3) of section 2 thereof.
34. The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
(Maharashtra Act XXVII of 1961).
35. The Hyderabad Tenancy and Agricultural Lands (Re-enactment, Validation and Further Amendment) Act, 1961 (Maharashtra Act XLV of 1961).
36. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad Act XXI of 1950).
37. The Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of 1961). 38. The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961). 39. The Kerala Land Reforms Act, 1963 (Kerala Act I of 1964). 40. The Madhya Pradesh Land Revenue Code, 1959 (Madhya Pradesh Act XX of 1959).
41. The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960
(Madhya Pradesh Act XX of 1960).
42. The Madras Cultivating Tenants Protection Act, 1955 (Madras Act XXV of 1955).
43. The Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956
(Madras Act XXIV of 1956).
44. The Madras Occupants of Kudiyiruppu (Protection from Eviction) Act,
1961 (Madras Act XXXVIII of 1961).
45. The Madras Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961 (Madras Act LVII of 1961).
46. The Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961
(Madras Act LVIII of 1961).
47. The Mysore Tenancy Act, 1952 (Mysore Act XIII of 1952). 48. The Coorg Tenants Act, 1957 (Mysore Act XIV of 1957). 49. The Mysore Village Offices Abolition Act, 1961 (Mysore Act XIV of 1961). 50. The Hyderabad Tenancy and Agricultural Lands (Validation) Act, 1961
(Mysore Act XXXVI of 1961).
51. The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962).
52. The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960).
53. The Orissa Merged Territories (Village Offices Abolition) Act, 1963
(Orissa Act X of 1963).
54. The Punjab Security of Land Tenures Act, 1953 (Punjab Act X of 1953).
55. The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955). 56. The Rajasthan Zamindari and Biswedari Abolition Act, 1959
(Rajasthan Act VIII of 1959).
57. The Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (Uttar Pradesh Act XVII of 1960).
58. The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960
(Uttar Pradesh Act I of 1961).
59. The West Bengal Estates Acquisition Act, 1953 (West Bengal Act I of
1954).
60. The West Bengal Land Reforms Act, 1955 (West Bengal Act X of
1956).
61. The Delhi Land Reforms Act, 1954 (Delhi Act VIII of 1954). 62. The Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of 1960). 63. The Manipur Land Revenue and Land Reforms Act, 1960 (Central Act
33 of 1960).
64. The Tripura Land Revenue and Land Reforms Act, 1960 (Central Act
43 of 1960).
1[65. The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of
1969).
66. The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of
1971).]
2[67. The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Andhra Pradesh Act 1 of 1973).
68. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1972 (Bihar Act I of 1973).
(w.e.f. 7-9-1974).
69. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1973 (Bihar Act IX of 1973).
70. The Bihar Land Reforms (Amendment) Act, 1972 (Bihar Act V of
1972).
71. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972
(Gujarat Act 2 of 1974).
72. The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26 of 1972). 73. The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal Pradesh Act 19 of 1973).
74. The Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of 1972). 75. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1972 (Madhya Pradesh Act 12 of 1974).
76. The Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1972 (Madhya Pradesh Act 13 of 1974).
77. The Mysore Land Reforms (Amendment) Act, 1973 (Karnataka Act 1
of 1974).
78. The Punjab Land Reforms Act, 1972 (Punjab Act 10 of 1973). 79. The Rajasthan Imposition of Ceiling on Agricultural Holdings Act,
1973 (Rajasthan Act 11 of 1973).
80. The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari)
Act, 1969 (Tamil Nadu Act 24 of 1969).
81. The West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal Act XII of 1972).
82. The West Bengal Estates Acquisition (Amendment) Act, 1964 (West Bengal Act XXII of 1964).
83. The West Bengal Estates Acquisition (Second Amendment) Act, 1973
(West Bengal Act XXXIII of 1973).
84. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment)
Act, 1972 (Gujarat Act 5 of 1973).
85. The Orissa Land Reforms (Amendment) Act, 1974 (Orissa Act 9 of
1974).
86. The Tripura Land Revenue and Land Reforms (Second Amendment)
Act,1974 (Tripura Act 7 of 1974).]
1[287*
* *
* *]
88. The Industries (Development and Regulation) Act, 1951 (Central Act
65 of 1951).
89. The Requisitioning and Acquisition of Immovable Property Act, 1952
(Central Act 30 of 1952).
90. The Mines and Minerals (Regulation and Development) Act, 1957
(Central Act 67 of 1957).
91. The Monopolies and Restrictive Trade Practices Act, 1969 (Central Act 54 of 1969).
2[92* * * *
*]
93. The Coking Coal Mines (Emergency Provisions) Act, 1971 (Central Act 64 of 1971).
94. The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of
1972).
95. The General Insurance Business (Nationalisation) Act, 1972 (Central Act 57 of 1972).
96. The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972
(Central Act 58 of 1972).
97. The Sick Textile Undertakings (Taking Over of Management) Act,
1972 (Central Act 72 of 1972).
98. The Coal Mines (Taking Over of Management) Act, 1973 (Central Act
15 of 1973).
99. The Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973).
100. The Foreign Exchange Regulation Act, 1973 (Central Act 46 of
1973).
101. The Alcock Ashdown Company Limited (Acquisition of Undertakings) Act, 1973 (Central Act 56 of 1973).
______________________________________________
1. Entries 87 to 124 ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 5
(w.e.f. 10-8-1975).
2. Entries 87 and 92 omitted by the Constitution (Forty-fourth Amendment) Act, 1978,
s. 44 (w.e.f. 20-6-1979).
102. The Coal Mines (Conservation and Development) Act, 1974 (Central Act 28 of 1974).
103. The Additional Emoluments (Compulsory Deposit) Act, 1974 (Central Act 37 of 1974).
104. The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974).
105. The Sick Textile Undertakings (Nationalisation) Act, 1974 (Central Act 57 of 1974).
106. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1964 (Maharashtra Act XVI of 1965).
107. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1965 (Maharashtra Act XXXII of 1965).
108. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1968 (Maharashtra Act XVI of 1968).
109. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act, 1968 (Maharashtra Act XXXIII of 1968).
110. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1969 (Maharashtra Act XXXVII of 1969).
111. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second Amendment) Act, 1969 (Maharashtra Act XXXVIII of 1969).
112. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1970 (Maharashtra Act XXVII of 1970).
113. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1972 (Maharashtra Act XIII of 1972).
114. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1973 (Maharashtra Act L of 1973).
115. The Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of
1965).
116. The Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of
1967).
117. The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of
1967).
118. The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of
1969).
119. The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of
1970).
120. The Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1972 (Uttar Pradesh Act 18 of 1973).
121. The Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1974 (Uttar Pradesh Act 2 of 1975).
122. The Tripura Land Revenue and Land Reforms (Third Amendment)
Act, 1975 (Tripura Act 3 of 1975).
123.The Dadra and Nagar Haveli Land Reforms Regulation, 1971 (3 of 1971). 124. The Dadra and Nagar Haveli Land Reforms (Amendment)
Regulation, 1973 (5 of 1973).]
1[125. Section 66A and Chapter IVA of the Motor Vehicles Act, 1939
(Central Act 4 of 1939).
126. The Essential Commodities Act, 1955 (Central Act 10 of 1955). 127. The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (Central Act 13 of 1976).
128. The Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of
1976).
129. The Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976 (Central Act 20 of 1976).
## 2130* * * * * 131. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 Of
1976).
132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33
of 1976).
______________________________________________
1. Entries 125 to 188 ins. by the Constitution (Fortieth Amendment) Act, 1976, s. 3
(w.e.f. 27-5-1976).
*See* now the relevant provisions of the Motor Vehicles Act, 1988 (59 of 1988).
2. Entry 130 omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 44
(w.e.f. 20-6-1979).
133. The Departmentalisation of Union Accounts (Transfer of Personnel)
Act, 1976 (Central Act 59 of 1976).
134. The Assam Fixation of Ceiling on Land Holdings Act, 1956 (Assam Act I of 1957).
135. The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act,
1958 (Bombay Act XCIX of 1958).
136. The Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act 14
of 1973).
137. The Haryana Ceiling on Land Holdings (Amendment) Act, 1976
(Haryana Act 17 of 1976).
138. The Himachal Pradesh Tenancy and Land Reforms Act, 1972
(Himachal Pradesh Act 8 of 1974).
139. The Himachal Pradesh Village Common Lands Vesting and Utilisation Act, 1974 (Himachal Pradesh Act 18 of 1974).
140. The Karnataka Land Reforms (Second Amendment and Miscellaneous Provisions) Act, 1974 (Karnataka Act 31 of 1974).
141. The Karnataka Land Reforms (Second Amendment) Act, 1976
(Karnataka Act 27 of 1976).
142. The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966). 143. The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969). 144. The Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 of
1969).
145. The Sree Pandaravaka Lands (Vesting and Enfranchisement) Act,
1971 (Kerala Act 20 of 1971).
146. The Kerala Private Forests (Vesting and Assignment) Act, 1971
(Kerala Act 26 of 1971).
147. The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974). 148. The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29
of 1974).
149. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975). 150. The Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 (Kerala Act 31 of 1975).
## (Ninth Schedule)
151. The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of
1976).
152. The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976).
153. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1974 (Madhya Pradesh Act 20 of 1974).
154. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1975 (Madhya Pradesh Act 2 of 1976).
155. The West Khandesh Mehwassi Estates (Proprietary Rights Abolition, etc.) Regulation, 1961 (Maharashtra Regulation 1 of 1962).
156. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974
(Maharashtra Act XIV of 1975).
157. The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Act, 1972 (Maharashtra Act XXI of 1975).
158. The Maharashtra Private Forest (Acquisition) Act, 1975 (Maharashtra Act XXIX of 1975).
159. The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Amendment Act, 1975 (Maharashtra Act XLVII of 1975).
160. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1975 (Maharashtra Act II of 1976).
161. The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952). 162. The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954). 163. The Rajasthan Land Reforms and Acquisition of Landowners' Estates Act, 1963 (Rajasthan Act 11 of 1964).
164. The Rajasthan Imposition of Ceiling on Agricultural Holdings
(Amendment) Act, 1976 (Rajasthan Act 8 of 1976).
165. The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of
1976).
166. The Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act,
1970 (Tamil Nadu Act 17 of 1970).
167. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1971 (Tamil Nadu Act 41 of 1971).
168. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1972 (Tamil Nadu Act 10 of 1972).
169. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 (Tamil Nadu Act 20 of 1972).
170. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972).
171. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).
172. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972 (Tamil Nadu Act 7 of 1974).
173. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth Amendment Act, 1972 (Tamil Nadu Act 10 of 1974).
174. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1974 (Tamil Nadu Act 15 of 1974).
175. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1974 (Tamil Nadu Act 30 of 1974).
176. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1974 (Tamil Nadu Act 32 of 1974).
177. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1975 (Tamil Nadu Act 11 of 1975).
178. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1975 (Tamil Nadu Act 21 of 1975).
179. Amendments made to the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar Pradesh Act I of 1951) by the Uttar Pradesh Land Laws (Amendment) Act, 1971 (Uttar Pradesh Act 21 of 1971) and the Uttar Pradesh Land Laws (Amendment) Act, 1974 (Uttar Pradesh Act 34 of 1974).
180. The Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1976 (Uttar Pradesh Act 20 of 1976).
181. The West Bengal Land Reforms (Second Amendment) Act, 1972
(West Bengal Act XXVIII of 1972).
182. The West Bengal Restoration of Alienated Land Act, 1973 (West
Bengal Act XXIII of 1973).
183. The West Bengal Land Reforms (Amendment) Act, 1974 (West Bengal Act XXXIII of 1974).
184. The West Bengal Land Reforms (Amendment) Act, 1975 (West Bengal Act XXIII of 1975).
185. The West Bengal Land Reforms (Amendment) Act, 1976 (West Bengal Act XII of 1976).
186. The Delhi Land Holdings (Ceiling) Amendment Act, 1976 (Central Act 15 of 1976).
187. The Goa, Daman and Diu Mundkars (Protection from Eviction) Act,
1975 (Goa, Daman and Diu Act 1 of 1976).
188. The Pondicherry Land Reforms (Fixation of Ceiling on Land) Act,
1973 (Pondicherry Act 9 of 1974).]
1[189. The Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam Act XXIII of 1971).
190. The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act,
1974 (Assam Act XVIII of 1974).
191. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Amending Act, 1974 (Bihar Act 13 of 1975).
192. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976).
193. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1978 (Bihar Act VII of 1978).
194. The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of
1980).
195. The Haryana Ceiling on Land Holdings (Amendment) Act, 1977
(Haryana Act 14 of 1977).
196. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1978 (Tamil Nadu Act 25 of 1978).
197. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).
______________________________________________
1. Entries 189 to 202 were ins. by the Constitution (Forty-seventh Amendment)
Act, 1984, s. 2 (w.e.f. 26-8-1984).
## (Ninth Schedule)
198. The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978
(Uttar Pradesh Act 15 of 1978).
199. The West Bengal Restoration of Alienated Land (Amendment) Act,
1978 (West Bengal Act XXIV of 1978).
200. The West Bengal Restoration of Alienated Land (Amendment) Act,
1980 (West Bengal Act LVI of 1980).
201. The Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Goa, Daman and Diu Act 7 of 1964).
202. The Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment)
Act, 1976 (Goa, Daman and Diu Act 17 of 1976).]
1[203. The Andhra Pradesh Scheduled Areas Land Transfer Regulation,
1959 (Andhra Pradesh Regulation 1 of 1959).
204. The Andhra Pradesh Scheduled Areas Laws (Extension and Amendment) Regulation, 1963 (Andhra Pradesh Regulation 2 of 1963).
205. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)
Regulation, 1970 (Andhra Pradesh Regulation 1 of 1970).
206. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)
Regulation, 1971 (Andhra Pradesh Regulation 1 of 1971).
207. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)
Regulation, 1978 (Andhra Pradesh Regulation 1 of 1978).
208. The Bihar Tenancy Act, 1885 (Bihar Act 8 of 1885). 209. The Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908)
(Chapter VIII—sections 46, 47, 48, 48A and 49; Chapter X—sections 71, 71A and 71B; and Chapter XVIII—sections 240, 241 and 242).
210. The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949
(Bihar Act 14 of 1949) except section 53.
211. The Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation 1 of 1969). 212. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1982 (Bihar Act 55 of 1982).
______________________________________________
1. Entries 203 to 257 were ins. by the Constitution (Sixty-sixth Amendment) Act, 1990,
## (Ninth Schedule)
213. The Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat Act 16 of
1969).
214. The Gujarat Tenancy Laws (Amendment) Act, 1976 (Gujarat Act 37
of 1976).
215. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1976
(President's Act 43 of 1976).
216. The Gujarat Devasthan Inams Abolition (Amendment) Act, 1977
(Gujarat Act 27 of 1977).
217. The Gujarat Tenancy Laws (Amendment) Act, 1977 (Gujarat Act 30
of 1977).
218. The Bombay Land Revenue (Gujarat Second Amendment) Act, 1980
(Gujarat Act 37 of 1980).
219. The Bombay Land Revenue Code and Land Tenure Abolition Laws
(Gujarat Amendment) Act, 1982 (Gujarat Act 8 of 1982).
220. The Himachal Pradesh Transfer of Land (Regulation) Act, 1968
(Himachal Pradesh Act 15 of 1969).
221. The Himachal Pradesh Transfer of Land (Regulation) (Amendment)
Act, 1986 (Himachal Pradesh Act 16 of 1986).
222. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979).
223. The Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of 1978). 224. The Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of
1981).
225. The Madhya Pradesh Land Revenue Code (Third Amendment) Act,
1976 (Madhya Pradesh Act 61 of 1976).
226. The Madhya Pradesh Land Revenue Code (Amendment) Act, 1980
(Madhya Pradesh Act 15 of 1980).
227. The Madhya Pradesh Akrishik Jot Uchchatam Seema Adhiniyam,
1981 (Madhya Pradesh Act 11 of 1981).
228. The Madhya Pradesh Ceiling on Agricultural Holdings (Second Amendment) Act, 1976 (Madhya Pradesh Act 1 of 1984).
229. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1984 (Madhya Pradesh Act 14 of 1984).
## (Ninth Schedule)
230. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1989 (Madhya Pradesh Act 8 of 1989).
231. The Maharashtra Land Revenue Code, 1966 (Maharashtra Act 41 of
1966), sections 36, 36A and 36B.
232. The Maharashtra Land Revenue Code and the Maharashtra Restoration of Lands to Scheduled Tribes (Second Amendment) Act, 1976 (Maharashtra Act 30 of 1977).
233. The Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in certain Lands Act, 1985 (Maharashtra Act 16 of 1985).
234. The Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956 (Orissa Regulation 2 of 1956).
235. The Orissa Land Reforms (Second Amendment) Act, 1975 (Orissa Act 29 of 1976).
236. The Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of 1976). 237. The Orissa Land Reforms (Second Amendment) Act, 1976 (Orissa Act 44 of 1976).
238. The Rajasthan Colonisation (Amendment) Act, 1984 (Rajasthan Act
12 of 1984).
239. The Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13 of
1984).
240. The Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21 of
1987).
241. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1979 (Tamil Nadu Act 8 of 1980).
242. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1980 (Tamil Nadu Act 21 of 1980).
243. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1981 (Tamil Nadu Act 59 of 1981).
244. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1983 (Tamil Nadu Act 2 of 1984).
245. The Uttar Pradesh Land Laws (Amendment) Act, 1982 (Uttar Pradesh Act 20 of 1982).
246. The West Bengal Land Reforms (Amendment) Act, 1965 (West Bengal Act 18 of 1965).
247. The West Bengal Land Reforms (Amendment) Act, 1966 (West Bengal Act 11 of 1966).
248. The West Bengal Land Reforms (Second Amendment) Act, 1969
(West Bengal Act 23 of 1969).
249. The West Bengal Estate Acquisition (Amendment) Act, 1977 (West Bengal Act 36 of 1977).
250. The West Bengal Land Holding Revenue Act, 1979 (West Bengal Act
44 of 1979).
251. The West Bengal Land Reforms (Amendment) Act, 1980 (West Bengal Act 41 of 1980).
252. The West Bengal Land Holding Revenue (Amendment) Act, 1981
(West Bengal Act 33 of 1981).
253. The Calcutta Thikka Tenancy (Acquisition and Regulation) Act, 1981
(West Bengal Act 37 of 1981).
254. The West Bengal Land Holding Revenue (Amendment) Act, 1982
(West Bengal Act 23 of 1982).
255. The Calcutta Thikka Tenancy (Acquisition and Regulation)
(Amendment) Act, 1984 (West Bengal Act 41 of 1984).
256. The Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968). 257. The Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry Act 1
of 1981).]
1[257A. The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994).]
______________________________________________
## (Ninth Schedule)
1[258. The Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar Act 4 of 1948).
259. The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act 22 of 1956).
260. The Bihar Consolidation of Holdings and Prevention of Fragmentation
(Amendment) Act, 1970 (Bihar Act 7 of 1970).
261. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,
1970 (Bihar Act 9 of 1970).
262. The Bihar Consolidation of Holdings and Prevention of Fragmentation
(Amendment) Act, 1973 (Bihar Act 27 of 1975).
263. The Bihar Consolidation of Holdings and Prevention of Fragmentation
(Amendment) Act, 1981 (Bihar Act 35 of 1982).
264. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1987 (Bihar Act 21 of 1987).
265. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,
1989 (Bihar Act 11 of 1989).
266. The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of 1990). 267. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (Amendment) Act, 1984 (Karnataka Act 3 of 1984).
268. The Kerala Land Reforms (Amendment) Act, 1989 (Kerala Act 16 of 1989). 269. The Kerala Land Reforms (Second Amendment) Act, 1989 (Kerala Act 2 of 1990).
270. The Orissa Land Reforms (Amendment) Act, 1989 (Orissa Act 9 of
1990).
271. The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of 1979). 272. The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act 2
of 1987).
273. The Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act
12 of 1989).
______________________________________________
## (Ninth Schedule)
274. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1983 (Tamil Nadu Act 3 of 1984).
275. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1986 (Tamil Nadu Act 57 of 1986).
276. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1987 (Tamil Nadu Act 4 of 1988).
277. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
(Amendment) Act, 1989 (Tamil Nadu Act 30 of 1989).
278. The West Bengal Land Reforms (Amendment) Act, 1981 (West Bengal Act 50 of 1981).
279. The West Bengal Land Reforms (Amendment) Act, 1986 (West Bengal Act 5 of 1986).
280. The West Bengal Land Reforms (Second Amendment) Act, 1986
(West Bengal Act 19 of 1986).
281. The West Bengal Land Reforms (Third Amendment) Act, 1986 (West Bengal Act 35 of 1986).
282. The West Bengal Land Reforms (Amendment) Act, 1989 (West Bengal Act 23 of 1989).
283. The West Bengal Land Reforms (Amendment) Act, 1990 (West Bengal Act 24 of 1990).
284. The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act
12 of 1991).]
Explanation.—Any acquisition made under the Rajasthan Tenancy Act,
1955 (Rajasthan Act 3 of 1955), in contravention of the second proviso to clause (1) of article 31A shall, to the extent of the contravention, be void.]
## 1[Tenth Schedule [Articles 102(2) And 191(2)] Provisions As To Disqualification On Ground Of Defection
1. **Interpretation.—**In this Schedule, unless the context otherwise requires,—
(a) "House" means either House of Parliament or the Legislative Assembly or, as the case may be, either House of the Legislature of a State;
(b) "legislature party", in relation to a member of a House belonging to any political party in accordance with the provisions of paragraph 2 or 2*** paragraph 4, means the group consisting of all the members of that House for the time being belonging to that political party in accordance with the said provisions;
(c) "original political party", in relation to a member of a House, means the political party to which he belongs for the purposes of subparagraph (1) of paragraph 2;
(d) "paragraph" means a paragraph of this Schedule.
2. **Disqualification on ground of defection.—**(1) Subject to the provisions of 3[paragraphs 4 and 5], a member of a House belonging to any political party shall be disqualified for being a member of the House—
(a) if he has voluntarily given up his membership of such political party; or
(b) if he votes or abstains from voting in such House 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, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.
Explanation.—For the purposes of this sub-paragraph,—
(a) an elected member of a House 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;
(b) a nominated member of a House shall,—
3. Subs. by s. 5, *ibid.,* for "paragraphs 3, 4 and 5". (w.e.f. 1-1-2004).
(Tenth Schedule)
(i) where he is a member of any political party on the date of his nomination as such member, be deemed to belong to such political party;
(ii) in any other case, be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes, a member before the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188.
(2) An elected member of a House who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election.
(3) A nominated member of a House shall be disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188.
(4) Notwithstanding anything contained in the foregoing provisions of this paragraph, a person who, on the commencement of the Constitution (Fiftysecond Amendment) Act, 1985, is a member of a House (whether elected or nominated as such) shall,—
(i) where he was a member of political party immediately before such commencement, be deemed, for the purposes of sub-paragraph (1) of this paragraph, to have been elected as a member of such House as a candidate set up by such political party;
(ii) in any other case, be deemed to be an elected member of the House who has been elected as such otherwise than as a candidate set up by any political party for the purposes of sub-paragraph (2) of this paragraph or, as the case may be, be deemed to be a nominated member of the House for the purposes of sub-paragraph (3) of this paragraph.
1* * * * *
4. Disqualification on ground of defection not to apply in case of merger.—(1) A member of a House shall not be disqualified under subparagraph (1) of paragraph 2 where his original political party merges with another political party and he claims that he and any other members of his original political party—
(a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or
(b) have not accepted the merger and opted to function as a separate group,
______________________________________________
(Tenth Schedule)
and from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to be his original political party for the purposes of this sub-paragraph.
(2) For the purposes of sub-paragraph (1) of this paragraph, the merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger.
5. Exemption.—Notwithstanding anything contained in this Schedule, a person who has been elected to the office of the Speaker or the Deputy Speaker of the House of the People or the Deputy Chairman of the Council of States or the Chairman or the Deputy Chairman of the Legislative Council of a State or the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall not be disqualified under this Schedule,—
(a) if he, by reason of his election to such office, voluntarily gives up the membership of the political party to which he belonged immediately before such election and does not, so long as he continues to hold such office thereafter, rejoin that political party or become a member of another political party; or
(b) if he, having given up by reason of his election to such office his membership of the political party to which he belonged immediately before such election, rejoins such political party after he ceases to hold such office.
6. Decision on questions as to disqualification on ground of defection.—(1) If any question arises as to whether a member of a House has become subject to disqualification under this Schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final:
Provided that where the question which has arisen is as to whether the Chairman or the Speaker of a House has become subject to such disqualification, the question shall be referred for the decision of such member of the House as the House may elect in this behalf and his decision shall be final.
(2) All proceedings under sub-paragraph (1) of this paragraph in relation to any question as to disqualification of a member of a House under this Schedule shall be deemed to be proceedings in Parliament within the meaning of article 122 or, as the case may be, proceedings in the Legislature of a State within the meaning of article 212.
*7. **Bar of jurisdiction of courts.—**Notwithstanding anything in this Constitution, no court shall have any jurisdiction in respect of any matter connected with the disqualification of a member of a House under this Schedule.
8. **Rules.—**(1) Subject to the provisions of sub-paragraph (2) of this paragraph, the Chairman or the Speaker of a House may make rules for giving effect to the provisions of this Schedule, and in particular, and without prejudice to the generality of the foregoing, such rules may provide for—
(a) the maintenance of registers or other records as to the political parties, if any, to which different members of the House belong;
(b) the report which the leader of a legislature party in relation to a member of a House shall furnish with regard to any condonation of the nature referred to in clause (b) of sub-paragraph (1) of paragraph 2 in respect of such member, the time within which and the authority to whom such report shall be furnished;
(c) the reports which a political party shall furnish with regard to admission to such political party of any members of the House and the officer of the House to whom such reports shall be furnished; and
(d) the procedure for deciding any question referred to in subparagraph (1) of paragraph 6 including the procedure for any inquiry which may be made for the purpose of deciding such question.
(2) The rules made by the Chairman or the Speaker of a House under sub-paragraph (1) of this paragraph shall be laid as soon as may be after they are made before the House for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the House and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect.
(3) The Chairman or the Speaker of a House may, without prejudice to the provisions of article 105 or, as the case may be, article 194, and to any other power which he may have under this Constitution direct that any wilful contravention by any person of the rules made under this paragraph may be dealt with in the same manner as a breach of privilege of the House.]
______________________________________________
## 1[Eleventh Schedule (Article 243G)
1.
Agriculture, including agricultural extension.
2.
Land improvement, implementation of land reforms, land
consolidation and soil conservation.
3.
Minor
irrigation,
water
management
and
watershed
development.
4.
Animal husbandry, dairying and poultry.
5.
Fisheries.
6.
Social forestry and farm forestry.
7.
Minor forest produce.
8.
Small scale industries, including food processing industries.
9.
Khadi, village and cottage industries.
10.
Rural housing.
11.
Drinking water.
12.
Fuel and fodder.
13.
Roads, culverts, bridges, ferries, waterways and other means of
communication.
14.
Rural electrification, including distribution of electricity.
15.
Non-conventional energy sources.
16.
Poverty alleviation programme.
17.
Education, including primary and secondary schools.
18.
Technical training and vocational education.
19.
Adult and non-formal education.
20.
Libraries.
21.
Cultural activities.
22.
Markets and fairs.
23.
Health and sanitation, including hospitals, primary health
centres and dispensaries.
24.
Family welfare.
25.
Women and child development.
26.
Social welfare, including welfare of the handicapped and
mentally retarded.
27.
Welfare of the weaker sections, and in particular, of the
Scheduled Castes and the Scheduled Tribes.
28.
Public distribution system.
______________________________________________
29. Maintenance of community assets.]
## 1[Twelfth Schedule (Article 243W)
1.
Urban planning including town planning.
2.
Regulation of land-use and construction of buildings.
3.
Planning for economic and social development.
4.
Roads and bridges.
5.
Water supply for domestic, industrial and commercial purposes.
6.
Public health, sanitation conservancy and solid waste
management.
7.
Fire services.
8.
Urban forestry, protection of the environment and promotion of
ecological aspects.
9.
Safeguarding the interests of weaker sections of society,
including the handicapped and mentally retarded.
10.
Slum improvement and upgradation.
11.
Urban poverty alleviation.
12.
Provision of urban amenities and facilities such as parks,
gardens, playgrounds.
13.
Promotion of cultural, educational and aesthetic aspects.
14.
Burials and burial grounds; cremations, cremation grounds; and
electric crematoriums.
15.
Cattle pounds; prevention of cruelty to animals.
16.
Vital statistics including registration of births and deaths.
17.
Public amenities including street lighting, parking lots, bus stops
and public conveniences.
18.
Regulation of slaughter houses and tanneries.]
## ______________________________________________ Appendix I The Constitution ( One Hundredth Amendment) Act, 2015
[28*th May*, 2015.]
An Act further to amend the Constitution of India to give effect to the acquiring of territories by India and transfer of certain territories to Bangladesh in pursuance of the agreement and its protocol entered into between the Governments of India and Bangladesh. BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—
1. **Short title.**—This Act may be called the Constitution (One Hundredth Amendment) Act, 2015.
2. Definitions.—In this Act,—
(a) "acquired territory" means so much of the territories comprised in the India-Bangladesh agreement and its protocol and referred to in the First Schedule as are demarcated for the purpose of being acquired by India from Bangladesh in pursuance of the agreement and its protocol referred to in clause (c);
(b) "appointed day" means such date as the Central Government may, by notification in the Official Gazette, appoint as the date for acquisition of territories from Bangladesh and transfer of the territories to Bangladesh in pursuance of the India-Bangladesh agreement and its protocol, after causing the territories to be so acquired and transferred as referred to in the First Schedule and Second Schedule and demarcated for the purpose;
(c) "India-Bangladesh agreement" means the agreement between the Government of the Republic of India and the Government of the People's Republic of Bangladesh concerning the Demarcation of the Land Boundary between India and Bangladesh and Related Matters dated the 16th day of May, 1974, Exchange of Letters dated the 26th day of December, 1974, the 30th day of December, 1974, the 7th day of October,
1982, the 26th day of March, 1992 and protocol to the said agreement dated the 6th day of September, 2011, entered into between the Governments of India and Bangladesh, the relevant extracts of which are set out in the Third Schedule;
______________________________________________
31st day of July, 2015, vide notification No. S.O. 2094(E), dated 31st July, 2015.
## (Appendix I)
(d) "transferred territory", means so much of the territories comprised in the India-Bangladesh agreement and its protocol and referred to in the Second Schedule as are demarcated for the purpose of being transferred by India to Bangladesh in pursuance of the agreements and its protocol referred to in clause (c).
3. Amendment of First Schedule to Constitution.— As from the appointed day, in the First Schedule to the Constitution,—
(a) in the paragraph relating to the territories of the State of
Assam, the words, brackets and figures "and the territories referred to in Part I of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015, notwithstanding anything contained in clause (a) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part I of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015", shall be added at the end;
(b) in the paragraph relating to the territories of the State of West Bengal, the words, brackets and figures "and also the territories referred to in Part III of the First Schedule but excluding the territories referred to in Part III of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015, notwithstanding anything contained in clause (c) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part III of the First Schedule and the territories referred to in Part III of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015", shall be added at the end;
(c) in the paragraph relating to the territories of the State of Meghalaya, the words, brackets and figures "and the territories referred to in Part I of the First Schedule but excluding the territories referred to in Part II of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015", shall be added at the end;
(d) in the paragraph relating to the territories of the State of Tripura, the words, brackets and figures "and the territories referred to in Part II of the First Schedule to the Constitution (One Hundredth Amendment) Act, 2015, notwithstanding anything contained in clause (d) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part II of the First Schedule to the Constitution (One Hundredth Amendment) Act, 2015", shall be added at the end.
## The First Schedule
[*See* sections 2(a), 2*(b)* and 3]
## Pa R T I
The acquired territory in relation to Article 2 of the agreement dated the
16th day of May, 1974 and Article 3 (I) (b) (ii) (iii) (iv) (v) of the protocol dated the 6th day of September, 2011.
## Pa Rt I I
The acquired territory in relation to Article 2 of the agreement dated the
16th day of May, 1974 and Article 3 (I) (c) (i) of the protocol dated the 6th day of September, 2011.
## Part Iii
The acquired territory in relation to Articles 1(12) and 2 of the agreement dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (iii) (iv) (v) (vi) of the protocol dated the 6th day of September, 2011.
## The Second Schedule [*See* Sections 2(B), 2*(D)* And 3] Pa R T I
The transferred territory in relation to Article 2 of the agreement dated 16th day of May, 1974 and Article 3 (I) (d) (i) (ii) of the protocol dated 6th day of September, 2011.
## Pa Rt I I
The transferred territory in relation to Article 2 of the agreement dated the
16th day of May, 1974 and Article 3 (I) (b) (i) of the protocol dated 6th day of September, 2011.
## Part Iii
The transferred territory in relation to Articles 1(12) and 2 of the agreement dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (i) (ii) (vi) of the protocol dated the 6th day of September, 2011.
## The Third Schedule
[*See* section 2(c)]
## I. Extracts From The Agreement Between Government Of The Republic Of India And The Government Of The People'S Republic Of Bangladesh Concerning The Demarcation Of The Land Boundary Between India And Bangladesh And Related Matters Dated The 16Th Day Of May, 1974
Article 1 (12): ENCLAVES
The Indian enclaves in Bangladesh and the Bangladesh enclaves in India should be exchanged expeditiously, excepting the enclaves mentioned in paragraph 14 without claim to compensation for the additional area going to Bangladesh. Article 2:
The Governments of India and Bangladesh agree that territories in adverse possession in areas already demarcated in respect of which boundary strip maps are already prepared, shall be exchanged within six months of the signing of the boundary strip maps by the plenipotentiaries. They may sign the relevant maps as early as possible as and in any case not later than the 31st December, 1974. Early measures may be taken to print maps in respect of other areas where demarcation has already taken place. These should be printed by the 31st May, 1975 and signed by the plenipotentiaries thereafter in order that the exchange of adversely held possessions in these areas may take place by the 31st December, 1975. In sectors still to be demarcated, transfer of territorial jurisdiction may take place within six months of the signature by plenipotentiaries on the concerned boundary strip maps.
## Ii. Extracts From The Protocol To The Agreement Between The Government Of The Republic Of India And The Government Of The People'S Republic Of Bangladesh Concerning The Demarcation Of The Land Boundary Between India And Bangladesh And Related Matters, Dated The 6Th Day Of September, 2011
Article 2:
(II) Article 1 Clause 12 of the 1974 Agreement shall be implemented as follows:—
Enclaves
111 Indian Enclaves in Bangladesh and 51 Bangladesh Enclaves in India as per the jointly verified cadastral enclave maps and signed at the level of DGLR&S, Bangladesh and DLR&S, West Bengal (India) in April, 1997, shall be exchanged without claim to compensation for the additional areas going to Bangladesh. Article 3:
(I) Article 2 of the 1974 Agreement shall be implemented as follows:—
The Government of India and the Government of Bangladesh agree that the boundary shall be drawn as a fixed boundary for territories held in Adverse Possession as determined through joint survey and fully depicted in the respective adversely possessed land area Index Map (APL map) finalised by the Land Records and Survey Departments of both the countries between December, 2010 and August, 2011, which are fully described in clause (a) to (d) below.
The relevant strip maps shall be printed and signed by the Plenipotentiaries and transfer of territorial jurisdiction shall be completed simultaneously with the exchange of enclaves. The demarcation of the boundary, as depicted in the above-mentioned Index Maps, shall be as under:—
## (A) West Bengal Sector
(i) *Bousmari - Madhugari (Kushtia-Nadia) area*
The boundary shall be drawn from the existing Boundary Pillar Nos. 154/5-S to 157/1-S to follow the centre of old course of river Mathabanga, as depicted in consolidation map of 1962, as surveyed jointly and agreed in June, 2011.
(ii) *Andharkota (Kushtia-Nadia) area*
The boundary shall be drawn from existing Boundary Pillar No. 152/5-S to Boundary Pillar No. 153/1-S to follow the edge of existing River Mathabanga as jointly surveyed and agreed in June, 2011.
##
(iii) *Pakuria (Kushtia-Nadia) area*
The boundary shall be drawn from existing Boundary Pillar No. 151/1-S to Boundary Pillar No. 152/2-S to follow the edge of River Mathabanga as jointly surveyed and agreed in June, 2011. (iv) *Char Mahishkundi (Kushtia-Nadia) area*
The boundary shall be drawn from existing Boundary Pillar No. 153/1-S to Boundary Pillar No. 153/9-S to follow the edge of River Mathabanga as jointly surveyed and agreed in June, 2011.
(v) Haripal/Khutadah/Battoli/Sapameri/LNpur (Patari)
(Naogaon-Malda) area The boundary shall be drawn as line joining from existing Boundary Pillar No. 242/S/13, to Boundary Pillar No. 243/7-S/5 and as jointly surveyed and agreed in June, 2011. (vi) *Berubari (Panchagarh-Jalpaiguri area)*
The boundary in the area Berubari
(Panchagarh-Jalpaiguri)
adversely held by Bangladesh, and Berubari and Singhapara-Khudipara (Panchagarh-Jalpaiguri), adversely held by India shall be drawn as jointly demarcated during 1996-1998.
## (B) Meghalaya Sector
(i) *Lobachera-Nuncherra*
The boundary from existing Boundary Pillar No. 1315/4-S to Boundary Pillar No. 1315/15-S in Lailong - Balichera, Boundary Pillar No. 1316/1-S to Boundary Pillar No. 1316/11-S in Lailong- Noonchera, Boundary Pillar No. 1317 to Boundary Pillar No. 1317/13-S in Lailong- Lahiling and Boundary Pillar No. 1318/1-S to Boundary Pillar No. 1318/2-S in Lailong- Lobhachera shall be drawn to follow the edge of tea gardens as jointly surveyed and agreed in December, 2010.
(ii) *Pyrdiwah/ Padua Area*
The boundary shall be drawn from existing Boundary Pillar No. 1270/1-S as per jointly surveyed and mutually agreed line till Boundary Pillar No.
1271/1-T. The Parties agree that the Indian Nationals from Pyrdiwah village shall be allowed to draw water from Piyang River near point No. 6 of the agreed Map.
(iii) *Lyngkhat Area*
(aa)
Lyngkhat-I/Kulumcherra and Lyngkhat-
II/ Kulumcherra The boundary shall be drawn from existing Boundary Pillar No. 1264/4-S to Boundary Pillar No. 1265 and BP No. 1265/6-S to
1265/9-S as per jointly surveyed and mutually agreed line.
(ab)
Lyngkhat-III/Sonarhat
The boundary shall be drawn from existing Boundary Pillar No. 1266/13-S along the nallah southwards till it meets another nallah in the east-west direction, thereafter it shall run along the northern edge of the nallah in east till it meets the existing International Boundary north of Reference Pillar Nos.1267/4-R-B and 1267/3-R-I.
(iv) *Dawki/Tamabil area*
The boundary shall be drawn by a straight line joining existing Boundary Pillar Nos. 1275/1-S to Boundary Pillar Nos. 1275/7-S. The Parties agree to fencing on 'zero line' in this area.
(v) *Naljuri/Sreepur Area*
(aa)
Naljuri I
The boundary shall be a line from the existing Boundary Pillar No. 1277/2-S in southern direction up to three plots as depicted in the strip Map No. 166 till it meets the nallah flowing from Boundary Pillar No. 1277/5-T, thereafter it will run along the western edge of the nallah in the southern direction up to 2 plots on the Bangladesh side, thereafter it shall run eastwards till it meets a line drawn in southern direction from Boundary Pillar No. 1277/4-S.
(ab) *Naljuri III*
The boundary shall be drawn by a straight line from existing Boundary Pillar No. 1278/2-S to Boundary Pillar No. 1279/ 3-S.
(vi) *Muktapur/ Dibir Hawor Area*
The Parties agree that the Indian Nationals shall be allowed to visit Kali Mandir and shall also be allowed to draw water and exercise fishing rights in the water body in the Muktapur / Dibir Hawor area from the bank of Muktapur side.
## (C) Tripura Sector
Chandannagar-Champarai Tea Garden area in Tripura/ Moulvi Bazar sector The boundary shall be drawn along Sonaraichhera river from existing Boundary Pillar No. 1904 to Boundary Pillar No. 1905 as surveyed jointly and agreed in July, 2011.
## (D) Assam Sector
(i) *Kalabari (Boroibari) area in Assam sector*
The boundary shall be drawn from existing Boundary Pillar No. 1066/24-T to Boundary Pillar No. 1067/16-T as surveyed jointly and agreed in August, 2011.
(ii) *Pallathal area in Assam sector*
The boundary shall be drawn from existing Boundary Pillar No. 1370/3-S to 1371/ 6-S to follow the outer edge of the tea garden and from Boundary Pillar No. 1372 to 1373/2-S along outer edge of the pan plantation.
III. LIST OF EXCHANGE OF ENCLAVES BETWEEN INDIA AND
BANGLADESH IN PURSUANT TO ARTICLE 1 (12) OF THE AGREEMENT DATED 16TH MAY, 1974 AND THE PROTOCOL TO THE AGREEMENT DATED 6TH SEPTEMBER, 2011
## A. Exchangeable Indian Enclaves In Bangladesh With Area
Sl. Name of Chhits
No.
Chhit No.
Lying within
Police station Bangladesh
Lying within Police station W. Bengal
Area in acres
1
2
3
4
5
6
## A. *Enclaves With Independent Chhits*
| 1. | Garati | 75 | Pochagar | Haldibari | 58.23 |
|-------|------------------|-------|-------------|--------------|----------|
| 2 | Garati | 76 | Pochagar | Haldibari | 0.79 |
| 3 | Garati | 77 | Pochagar | Haldibari | 18 |
| 4 | Garati | 78 | Pochagar | Haldibari | 958.66 |
| 5 | Garati | 79 | Pochagar | Haldibari | 1.74 |
| 6 | Garati | 80 | Pochagar | Haldibari | 73.75 |
| 7 | Bingimari Part-I | 73 | Pochagar | Haldibari | 6.07 |
| 1 | 2 | 3 | 4 | 5 | 6 |
|---------------|----------------|-----------|---------|-----------|-------------|
| 8. | Nazirganja | 41 | Boda | Haldibari | 58.32 |
| 9. | Nazirganja | 42 | Boda | Haldibari | 434.29 |
| 10. | Nazirganja | 44 | Boda | Haldibari | 53.47 |
| 11. | Nazirganja | 45 | Boda | Haldibari | 1.07 |
| 12. | Nazirganja | 46 | Boda | Haldibari | 17.95 |
| 13. | Nazirganja | 47 | Boda | Haldibari | 3.89 |
| 14. | Nazirganja | 48 | Boda | Haldibari | 73.27 |
| 15. | Nazirganja | 49 | Boda | Haldibari | 49.05 |
| 16. | Nazirganja | 50 | Boda | Haldibari | 5.05 |
| 17. | Nazirganja | 51 | Boda | Haldibari | 0.77 |
| 18. | Nazirganja | 52 | Boda | Haldibari | 1.04 |
| 19. | Nazirganja | 53 | Boda | Haldibari | 1.02 |
| 20. | Nazirganja | 54 | Boda | Haldibari | 3.87 |
| 21. | Nazirganja | 55 | Boda | Haldibari | 12.18 |
| 22. | Nazirganja | 56 | Boda | Haldibari | 54.04 |
| 23. | Nazirganja | 57 | Boda | Haldibari | 8.27 |
| 24. | Nazirganja | 58 | Boda | Haldibari | 14.22 |
| 25. | Nazirganja | 60 | Boda | Haldibari | 0.52 |
| 26. | Putimari | 59 | Boda | Haldibari | 122.8 |
| 27. | Daikhata Chhat | 38 | Boda | Haldibari | 499.21 |
| 28. | Salbari | 37 | Boda | Haldibari | 1188.93 |
| 29. | Kajal Dighi | 36 | Boda | Haldibari | 771.44 |
| 30. | Nataktoka | 32 | Boda | Haldibari | 162.26 |
| 31. | Nataktoka | 33 | Boda | Haldibari | 0.26 |
| 35 | Boda | Haldibari | 0.83 | 32. | |
| Beuladanga | | | | | |
| Chhat | | | | | |
| 3 | Debiganj | Haldibari | 1752.44 | 33. | |
| Balapara | | | | | |
| Iagrabar | | | | | |
| 30 | Dimla | Haldibari | 7.71 | 34. | |
| Bara | | | | | |
| Khankikharija | | | | | |
| Citaldaha | | | | | |
| 1 | 2 | 3 | 4 | 5 | 6 |
|---------------|----------------|-----------|---------|-----------------|-------------|
| 29 | Dimla | Haldibari | 36.83 | 35. | Bara |
| Khankikharija | | | | | |
| Citaldaha | | | | | |
| 36. | Barakhangir | 28 | Dimla | Haldibari | 30.53 |
| 37. | Nagarjikobari | 31 | Dimla | Haldibari | 33.41 |
| 38. | Kuchlibari | 26 | Patgram | Mekliganj | 5.78 |
| 39. | Kuchlibari | 27 | Patgram | Mekliganj | 2.04 |
| Patgram | Mekliganj | 4.35 | 40. | Bara Kuchlibari | |
| Fragment | | | | | |
| of J.L.107 | | | | | |
| of P.S | | | | | |
| Mekliganj | | | | | |
| 6 | Patgram | Mekliganj | 5.24 | 41. | |
| Jamaldaha- | | | | | |
| Balapukhari | | | | | |
| 115/2 | Patgram | Mekliganj | 0.32 | 42. | |
| Uponchowki | | | | | |
| kuchlibari | | | | | |
| 7 | Patgram | Mekliganj | 44.04 | 43. | |
| Uponchowki | | | | | |
| kuchlibari | | | | | |
| 44. | Bhothnri | 11 | Patgram | Mekliganj | 36.83 |
| 45. | Balapukhari | 5 | Patgram | Mekliganj | 55.91 |
| 46. | Bara Khangir | 4 | Patgram | Mekliganj | 50.51 |
| 47. | Bara Khangir | 9 | Patgram | Mekliganj | 87.42 |
| 48. | Chhat Bogdokra | 10 | Patgram | Mekliganj | 41.7 |
| 49. | Ratanpur | 11 | Patgram | Mekliganj | 58.91 |
| 50. | Bogdokra | 12 | Patgram | Mekliganj | 25.49 |
| Patgram | Mekliganj | 0.88 | 51. | Fulker Dabri | |
| Fragment | | | | | |
| of J.L. 107 | | | | | |
| of P.S | | | | | |
| Mekliganj | | | | | |
| 1 | 2 | 3 | 4 | 5 | 6 |
|---------------|---------------|-----------|---------|-------------|-----------|
| 52. | Kharkharia | 15 | Patgram | Mekliganj | 60.74 |
| 53. | Kharkharia | 13 | Patgram | Mekliganj | 51.62 |
| 54. | Lotamari | 14 | Patgram | Mekliganj | 110.92 |
| 55. | Bhotbari | 16 | Patgram | Mekliganj | 205.46 |
| 16A | Patgram | Mekliganj | 42.8 | 56. | |
| Komat | | | | | |
| Changrabandha | | | | | |
| 17A | Patgram | Mekliganj | 16.01 | 57. | |
| Komat | | | | | |
| Changrabandha | | | | | |
| 58. | Panisala | 17 | Patgram | Mekliganj | 137.66 |
| 18 | Patgram | Mekliganj | 36.5 | 59. | |
| Dwarikamari | | | | | |
| Khasbash | | | | | |
| 60. | Panisala | 153/P | Patgram | Mekliganj | 0.27 |
| 61. | Panisala | 153/O | Patgram | Mekliganj | 18.01 |
| 62. | Panisala | 19 | Patgram | Mekliganj | 64.63 |
| 63. | Panisala | 21 | Patgram | Mekliganj | 51.4 |
| 64. | Lotamari | 20 | Patgram | Mekliganj | 283.53 |
| 65. | Lotamari | 22 | Patgram | Mekliganj | 98.85 |
| 66. | Dwarikamari | 23 | Patgram | Mekliganj | 39.52 |
| 67. | Dwarikamari | 25 | Patgram | Mekliganj | 45.73 |
| 68. | Chhat Bhothat | 24 | Patgram | Mekliganj | 56.11 |
| 69. | Baakata | 131 | Patgram | Hathabhanga | |
| 22 | | | | | |
| . | | | | | |
| 35 | | | | | |
| 70. | Baakata | 132 | Patgram | Hathabhanga | 11.96 |
| 71. | Baakata | 130 | Patgram | Hathibhanga | 20.48 |
| 72. | Bhogramguri | 133 | Patgram | Hathibhanga | 1.44 |
| 73. | Chenakata | 134 | Patgram | Mekliganj | 7.81 |
| 74. | Banskata | 119 | Patgram | Mathabanga | 413.81 |
| 75. | Banskata | 120 | Patgram | Mathabanga | 30.75 |
| 76. | Banskata | 121 | Patgram | Mathabanga | 12.15 |
| 77. | Banskata | 113 | Patgram | Mathabanga | 57.86 |
| 78. | Banskata | 112 | Patgram | Mathabanga | 315.04 |
| 79. | Banskata | 114 | Patgram | Mathabanga | 0.77 |
| 1 | 2 | 3 | 4 | 5 | 6 |
|---------------|----------------|---------|--------------|------------|------------|
| 80. | Banskata | 115 | Patgram | Mathabanga | 29.2 |
| 81. | Banskata | 122 | Patgram | Mathabanga | 33.22 |
| 82. | Banskata | 127 | Patgram | Mathabanga | 12.72 |
| 83. | Banskata | 128 | Patgram | Mathabanga | 2.33 |
| 84. | Banskata | 117 | Patgram | Mathabanga | 2.55 |
| 85. | Banskata | 118 | Patgram | Mathabanga | 30.98 |
| 86. | Banskata | 125 | Patgram | Mathabanga | 0.64 |
| 87. | Banskata | 126 | Patgram | Mathabanga | 1.39 |
| 88. | Banskata | 129 | Patgram | Mathabanga | 1.37 |
| 89. | Banskata | 116 | Patgram | Mathabanga | 16.96 |
| 90. | Banskata | 123 | Patgram | Mathabanga | 24.37 |
| 91. | Banskata | 124 | Patgram | Mathabanga | 0.28 |
| 92. | Gotamari Chhit | 135 | Hatibandha | Sitalkuchi | 126.59 |
| 93. | Gotamari Chhit | 136 | Hatibandha | Sitalkuchi | 20.02 |
| 94. | Banapachai | 151 | Lalmonirhat | Dinhata | 217.29 |
| 152 | Lalmonirhat | Dinhata | 81.71 | 95. | |
| Banapachai | | | | | |
| Bhitarkuthi | | | | | |
| 96. | Dasiar Chhara | 150 | Fulbari | Dinhata | 1643.44 |
| 156 | Kurigram | Dinhata | 14.27 | 97. | |
| Dakurhat- | | | | | |
| Dakinirkuthi | | | | | |
| 98. | Kalamati | 141 | Bhurungamari | Dinhata | 21.21 |
| 99. | Bhahobganj | 153 | Bhurungamari | Dinhata | 31.58 |
| 100. | Baotikursa | 142 | Bhurungamari | Dinhata | 45.63 |
| 101. | Bara Coachulka | 143 | Bhurungamari | Dinhata | 39.99 |
| 102. | Gaochulka II | 147 | Bhurungamari | Dinhata | 0.9 |
| 103. | Gaochulka I | 146 | Bhurungamari | Dinhata | 8.92 |
| 104. | Dighaltari II | 145 | Bhurungamari | Dinhata | 8.81 |
| 105. | Dighaltari I | 144 | Bhurungamari | Dinhata | 12.31 |
| 149 | Bhurungamari | Dinhata | 17.85 | 106. | |
| Chhoto | | | | | |
| Garaljhora II | | | | | |
| 1 | 2 | 3 | 4 | 5 | 6 |
|------------------|--------------|-------------|-------|------|------------|
| 148 | Bhurungamari | Dinhata | 35.74 | 107 | Chhoto |
| Garaljhora I | | | | | |
| | Patgram | Mathabhanga | 3.5 | 108 | |
| 1 chhit | | | | | |
| | | | | | |
| without | | | | | |
| name & JL No. | | | | | |
| at the southern | | | | | |
| and of JL No. 38 | | | | | |
| & southern and | | | | | |
| of JL No. 39 | | | | | |
| (locally known | | | | | |
| as Ashokabari | | | | | |
| | | | | | |
| * | | | | | |
| ) | | | | | |
## Enclaves With Fragmented Chhits
| 109. | (i) Bewladanga | 34 | Haldibari | Boda | 862.46 |
|-------------|-------------------|-----------|--------------|----------|-----------|
| | (ii) Bewladanga | Fragment | Haldibari | Debiganj | |
| 110. | (i) Kotbhajni | 2 | Haldibari | Debiganj | 2012.27 |
| | (ii) Kotbhajni | Fragment | Haldibari | Debiganj | |
| | (iii) Kotbhajni | Fragment | Haldibari | Debiganj | |
| | (iv) Kotbhajni | Fragment | Haldibari | Debiganj | |
| 111. | (i) Dahala | Khagrabri | Haldibari | Debiganj | 2650.35 |
| | (ii) Dahala | Fragment | Haldibari | Debiganj | |
| | (iii) Dahala | Fragment | Haldibari | Debiganj | |
| | | | | | |
| (iv) Dahala | Fragment | Haldibari | Debiganj | | |
| | | | | | |
______________________________________________
Corrected *vide* 150th (54th) India-Bangladesh Boundary Conference held at Kolkata from 29th September to 2nd October, 2002.
* Corrected *vide* 152nd (56th) India-Bangladesh Boundary Conference held at Kochbihar, India from 18th—20th September, 2003.
| 1 | 2 | 3 | 4 | 5 | 6 |
|------|-------------|----------|-----------|----------|----------|
| | (v) Dahala | Fragment | Haldibari | Debiganj | |
| | (vi) Dahala | Fragment | Haldibari | Debiganj | |
| | | | | 17160.63 | |
The above given details of enclaves have been jointly compared and reconciled with records held by India and Bangladesh during the Indo- Bangladesh Conference held at Calcutta during 9th—12th October, 1996 as well as during joint field inspection at Jalpaiguri (West Bengal) Panchagarh (Bangladesh) sector during 21—24 November, 1996.
Note: Name of enclave in Sl. No. 108 above has been identified as Ashokabari by joint ground verification during field season 1996-97.
Md. Shafi Uddin Director-General, Land Records and Surveys, Bangladesh.
Brig. J.R. Peter Director Land Records & Survey (*Ex-Officio*) West Bengal, India & Director, Eastern Circle Survey of India, Calcutta.
## B. Exchangeable Bangladesh Enclaves In India With Area
Sl. No.
J.L.
No.
Name of Chhits
Lying within
Police station W. Bengal
Lying within Police station Bangladesh
Area in acres
1
2
3
4
5
6
A. Enclaves with independent chhits
1.
Chhit Kuchlibari
Mekliganj
Patgram
22
370.64
Mekliganj
Patgram
24
1.83
2.
Chhit Land of Kuchlibari
3.
Balapukhari
Mekliganj
Patgram
21
331.64
Mekliganj
Patgram
20
1.13
4.
Chhit Land of Panbari No. 2
| 1 | 2 | 3 | 4 | 5 | 6 |
|------------------|---------------------|-------------|------------|------|---------------|
| 5. | Chhit Panbari | Mekliganj | Patgram | 18 | 108.59 |
| 6. | Dhabalsati Mirgipur | Mekliganj | Patgram | 15 | 173.88 |
| 7. | Bamandal | Mekliganj | Patgram | 11 | 2.24 |
| 8. | Chhit Dhabalsati | Mekliganj | Patgram | 14 | 66.58 |
| 9. | Dhabalsati | Mekliganj | Patgram | 13 | 60.45 |
| 10. | Srirampur | Mekliganj | Patgram | 8 | 1.05 |
| 11. | Jote Nijjama | Mekliganj | Patgram | 3 | 87.54 |
| Mathabhanga | Patgram | 37 | 69.84 | 12 | Chhit Land of |
| Jagatber No. 3 | | | | | |
| Mathabhanga | Patgram | 35 | 30.66 | 13 | Chhit Land of |
| Jagatber No.1 | | | | | |
| Mathabhanga | Patgram | 36 | 27.09 | 14 | Chhit Land of |
| Jagatber No. 2 | | | | | |
| 15. | Chhit Kokoabari | Mathabhanga | Patgram | 47 | 29.49 |
| 16. | Chhit Bhandardaha | Mathabhanga | Patgram | 67 | 39.96 |
| 17. | Dhabalguri | Mathabhanga | Patgram | 52 | 12.5 |
| 18. | Chhit Dhabalguri | Mathabhanga | Patgram | 53 | 22.31 |
| Mathabhanga | Patgram | 70 | 1.33 | 19 | Chhit Land of |
| Dhabalguri No. 3 | | | | | |
| Mathabhanga | Patgram | 71 | 4.55 | 20 | Chhit Land of |
| Dhabalguri No. 4 | | | | | |
| Mathabhanga | Patgram | 72 | 4.12 | 21 | Chhit Land of |
| Dhabalguri No. 5 | | | | | |
| Mathabhanga | Patgram | 68 | 26.83 | 22 | Chhit Land of |
| Dhabalguri No. 1 | | | | | |
| Mathabhanga | Patgram | 69 | 13.95 | 23 | Chhit Land of |
| Dhabalguri No. 2 | | | | | |
| 24. | Mahishmari | Sitalkuchi | Patgram | 54 | 122.77 |
| 25. | Bura Saradubi | Sitalkuchi | Hatibandha | 13 | 34.96 |
| 1 | 2 | 3 | 4 | 5 | 6 |
|------------|-------------------|------------|--------------|------|-----------------|
| 26. | Falnapur | Sitalkuchi | Patgram | 64 | 505.56 |
| 27. | Amjhol | Sitalkuchi | Hatibandha | 57 | 1.25 |
| 28. | Kismat Batrigachh | Dinhata | Kaliganj | 82 | 209.95 |
| 29. | Durgapur | Dinhata | Kaliganj | 83 | 20.96 |
| Dinhata | Lalmonirhat | 1 | 24.54 | 30 | Bansua Khamar |
| Gitaldaha | | | | | |
| 31. | Poaturkuthi | Dinhata | Lalmonirhat | 37 | 589.94 |
| Dinhata | Bhurungamari | 38 | 151.98 | 32 | Paschim Bakalir |
| Chhara | | | | | |
| Dinhata | Bhurungamari | 39 | 32.72 | 33 | Madhya Bakalir |
| Chhara | | | | | |
| Dinhata | Bhurungamari | 40 | 12.23 | 34 | Purba Bakalir |
| Chhara | | | | | |
| 35. | Madhya Masaldanga | Dinhata | Bhurungamari | 3 | 136.66 |
| Dinhata | Bhurungamari | 8 | 11.87 | 36 | Madhya Chhit |
| Masaldanga | | | | | |
| Dinhata | Bhurungamari | 7 | 7.6 | 37 | Paschim Chhit |
| Masaldanga | | | | | |
| 38. | Uttar Masaldanga | Dinhata | Bhurungamari | 2 | 27.29 |
| 39. | Kachua | Dinhata | Bhurungamari | 5 | 119.74 |
| 40. | Uttar Bansjani | Tufanganj | Bhurungamari | 1 | 47.17 |
| 41. | Chhat Tilai | Tufanganj | Bhurungamari | 17 | 81.56 |
## B. *Enclaves With Fragmented Chhits*
| 42. | (i) Nalgram | Sitalkuchi | Patgarm | 65 | 1397.34 |
|------------|----------------|---------------|------------|-------|---------------|
| Sitalkuchi | Patgarm | 65 | | | (ii) Nalgram |
| (Fragment) | | | | | |
| Sitalkuchi | Patgarm | 65 | | | (iii) Nalgram |
| (Fragment) | | | | | |
| | | | | | |
| 1 | 2 | 3 | 4 | 5 | 6 |
|-------------------------|-----------------------|------------|----------|------|------------------------|
| 43. | (i) Chhit Nalgram | Sitalkuchi | Patgarm | 66 | 49.5 |
| Sitalkuchi | Patgarm | 66 | | | (ii) Chhit Nalgram |
| (Fragment) | | | | | |
| 44. | (i) Batrigachh | Dinhata | Kaliganj | 81 | 577.37 |
| Dinhata | Kaliganj | 81 | | | (ii) Batrigachh |
| (Fragment) | | | | | |
| Dinhata | Phulbari | 9 | | | (iii) Batrigachh |
| (Fragment) | | | | | |
| 45. | (i) Karala | Dinhata | Phulbari | 9 | 269.91 |
| | | | | | |
| (ii) Karala (fragment) | | | | | |
| Dinhata | Phulbari | 9 | | | |
| | | | | | |
| (iii) Karala (fragment) | | | | | |
| Dinhata | Phulbari | 8 | | | |
| 46. | (i) Sipprasad Mustati | Dinhata | Phulbari | 8 | 373.2 |
| Dinhata | Phulbari | 6 | | | (ii) Sipprasad Mustati |
| (Fragment) | | | | | |
| Dinhata | Bhurungamari | 6 | 571.38 | 47. | (i) Dakshin |
| Masaldanga | | | | | |
| Dinhata | Bhurungamari | 6 | | | (ii) Dakshin |
| Masaldanga | | | | | |
| (Fragment) | | | | | |
| Dinhata | Bhurungamari | 6 | | | (iii) Dakshin |
| Masaldanga | | | | | |
| (Fragment) | | | | | |
| Dinhata | Bhurungamari | 6 | | | (iv) Dakshin |
| Masaldanga | | | | | |
| (Fragment) | | | | | |
| Dinhata | Bhurungamari | 6 | | | (v) Dakshin |
| Masaldanga | | | | | |
| (Fragment) | | | | | |
| Dinhata | Bhurungamari | 6 | | | (vi) Dakshin |
| Masaldanga | | | | | |
| (Fragment) | | | | | |
| 1 | 2 | 3 | 4 | 5 | 6 |
|-----------------------|----------------------|-----------|--------------|----------|-----------------------|
| Dinhata | Bhurungamari | 4 | 29.49 | 48. | (i) Paschim |
| Masaldanga | | | | | |
| Dinhata | Bhurungamari | 4 | | | (ii) Paschim |
| Masaldanga (Fragment) | | | | | |
| Dinhata | Bhurungamari | 10 | 35.01 | 49. | (i) Purba Chhit |
| Masaldanga | | | | | |
| Dinhata | Bhurungamari | 10 | | | (ii) Purba Chhit |
| Masaldanga (Fragment) | | | | | |
| 50. | (i) Purba Masaldanga | Dinhata | Bhurungamari | 11 | 153.89 |
| Dinhata | Bhurungamari | 11 | | | (ii) Purba Masaldanga |
| (Fragment) | | | | | |
| 51. | (i) Uttar Dhaldanga | Tufanganj | Bhurungamari | 14 | 24.98 |
| Tufanganj | Bhurungamari | 14 | | | |
| (ii) Uttar Dhaldanga | | | | | |
| (Fragment) | | | | | |
| Tufanganj | Bhurungamari | 14 | | | |
| (iii) Uttar Dhaldanga | | | | | |
| (Fragment) | | | | | |
| | Total Area | | | 7,110.02 | |
The above given details of enclaves have been jointly compared and reconciled with records held by India and Bangladesh during the Indo- Bangladesh Conference held at Calcutta during 9th—12th October, 1996 as well as during joint field inspection at Jalpaiguri (West Bengal) - Panchagarh (Bangladesh) sector during 21—24 November, 1996.
Md. Shafi Uddin Director General, Land Records and Surveys, Bangladesh. Brig. J.R. Peter Director Land Records & Survey (Ex officio) West Bengal, India & Director, Eastern Circle Survey of India, Calcutta.
# Appendix Ii 1The Constitution (Application To Jammu And Kashmir) Order, 2019 C.O. 272
In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of State of Jammu and Kashmir, is pleased to make the following Order:—
1. (1) This Order may be called the Constitution (Application to Jammu and Kashmir) Order, 2019.
(2) It shall come into force at once, and shall thereupon supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time.
2. All the provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu and Kashmir and the exceptions and modifications subject to which they shall so apply shall be as follows:–
To article 367, there shall be added the following clause, namely:―
"(4) For the purposes of this Constitution as it applies in relation to the State of Jammu and Kashmir–
(a) references to this Constitution or to the provisions thereof shall be construed as references to the Constitution or the provisions thereof as applied in relation to the said State;
(b) references to the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadar-i-Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office, shall be construed as references to the Governor of Jammu and Kashmir;
(c) references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers; and
(d) in proviso to clause (3) of article 370 of this Constitution, the expression "Constituent Assembly of the State referred to in clause (2)" shall read "Legislative Assembly of the State"."
______________________________________________
## Appendix Iii
# 1Declration Under Article 370(3) Of The Constitution
## C.O. 273
In exercise of the powers conferred by clause (3) of article 370 read with clause (1) of article 370 of the Constitution of India, the President, on the recommendation of Parliament, is pleased to declare that, as from the 6th August, 2019, all clauses of the said article 370 shall cease to be operative except the following which shall read as under, namely :—
"370. All provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the State of Jammu and Kashmir notwithstanding anything contrary contained in article 152 or article 308 or any other article of this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law, document, judgement, ordinance, order, by-law, rule, regulation, notification, custom or usage having the force of law in the territory of India, or any other instrument, treaty or agreement as envisaged under article 363 or otherwise.".
______________________________________________ |
65c43cfe57bc5671070682bf | budget_reports |
## Demand For Grants 2018-19 Analysis Petroleum And Natural Gas
The Ministry of Petroleum and Natural Gas is responsible for: (i) exploration of petroleum (including natural gas), (ii) supply and distribution of petroleum, and (iii) planning and development of the petroleum industry in the country, among others.1 It has been allocated Rs 31,101 crore for 2018-19.2 This note examines the allocations for the Ministry under Union Budget 2018-19. Petroleum products are used as raw materials in various sectors and industries such as transport and petrochemicals. Further, they may also be used in factories to operate machinery or fuel generator sets. Any fluctuation in the price of petrol and diesel impact the production and transport costs of various items. When compared to other neighbouring countries, India has the highest prices for petrol and diesel. On the other hand, it has the lowest price for kerosene.
Delhi for petrol and diesel, and Mumbai for kerosene. Sources: Petroleum Planning and Analysis Cell, Ministry of Petroleum and Natural Gas; PRS.
Imports: India imports 84% of the petroleum products consumed in the country. This implies that any change in the global prices of crude oil has a significant impact on the domestic price of petroleum. In 2000-01, net import of petroleum products constituted 75% of the total consumption in the country. This increased to 95% in 2016-17. Figure 2 shows the amount of petroleum products consumed in the country, and the share of imports.
Note: Production is the difference between the total consumption in the country and the net imports. Sources: Petroleum Planning and Analysis Cell; PRS.
The Ministry of Petroleum and Natural Gas
provides subsidy on LPG cylinders and kerosene.
This subsidy seeks to fill the gap between
production cost of these petroleum products, and
the price at which they are provided to consumers.
The production cost of these items is dependent on
the global crude oil price, which the primary input.
The Ministry's expenditure has followed the trend
in the global crude oil prices. As seen in Figure 3,
the Ministry's expenditure increased in the early
2010s with an increase in the global prices of
crude. During this period, the actual expenditure of
the Ministry exceeded the budget estimates.
With a fall in crude oil prices from 2014 onwards,
the expenditure has gradually reduced. During this
period, the Ministry has also sought to plug
leakages in the delivery of LPG subsidy by directly
transferring the subsidy to the bank account of the
beneficiary under the PAHAL scheme (discussed
later). It has also sought to weed out duplicate and
ghost beneficiaries under the PAHAL scheme.
Between 2010-11 and 2018-19, the Ministry's
expenditure reduced by 3% annually, on average.
Under-recoveries: Under-recovery refers to the difference in the cost of producing petroleum products, and the price at which they are delivered to consumers. They indicate the loss incurred by oil marketing companies while supplying these products. This difference is shared by the central government and the oil companies. Figure 4 shows that under-recoveries have reduced with a fall in global prices of crude oil.
Note: Data for 2017-18 till September 2017. Sources: Petroleum Planning and Analysis Cell; PRS.
Developments in Union Budget 2018-19
Road and Infrastructure Cess: Currently, the
government levies the road cess on the import
and production of petrol and diesel. The Union
Budget 2018-19 renames this to the road and
infrastructure cess. It also proposes certain
changes in the excise and customs duty levied on
petrol and diesel.
Petrol
Diesel
Before
After
Before
After
Customs
6.48
4.48
8.33
6.33
Cess
6.00
8.00
6.00
8.00
Total
12.48
12.48
14.33
14.33
Excise
7.66
5.66
10.69
8.69
Cess
6.00
8.00
6.00
8.00
Total
13.66
13.66
16.69
16.69
The total tax incidence on the consumers
remains unchanged. However, there is Rs 2/litre
shift from excise and customs duty towards the
cess. Note that unlike customs and excise duty
collections, proceeds from cesses do not form
part of the divisible pool of taxes share with
states. This means that Rs 2/litre of petrol and
diesel imported or produced will move from the
divisible pool to the cess which is entirely with
the centre. Given that 42% of the divisible taxes
are shared with states following the 14th Finance
Commission, this would mean a loss of 84 paise
per litre of petrol/diesel to states.
Increase in coverage under Pradhan Mantri
Ujjwala Yojana: Under the scheme, the
Ministry provides LPG connections in the name
of the women of the household. The scheme had
a target of giving five crore connections between
2016-17 and 2018-19. Union Budget 2018-19
proposes to increase this target to eight crore.
## Overview Of Finances Budget Estimates 2018-19 (Details In Annexure) Table 2: Allocations For The Ministry (Rs Crore)
%
Head
Actual
2016-17
Revised
2017-18
Budget
2018-19
change
LPG Subsidy
18,678
15,656
20,378
30.2%
Kerosene Subsidy
8,861
8,804
4,555
-48.3%
Royalty to States
35
7,005
2,326
-66.8%
PDH Pipeline
450
400
1,674
318.5%
National Seismic Programme
-
10
1,300 13260.7%
Strategic Oil Reserves
2,031
1,141
781
-31.6%
Others
177
179
87
-51.4%
Total
30,231
33,195
31,101
-6.3%
Sources: Expenditure Budget, Union Budget 2018-19; PRS.
LPG Subsidy: The Ministry provides subsidy on LPG cylinders to beneficiaries. Prior to 2013, this subsidy was provided in the form of subsidised cylinders. Following the launch of the PAHAL
scheme in 2013, this subsidy is directly credited to the bank accounts of the beneficiary.3 In 2018-19, the Ministry is estimated to spend Rs 20,378 crore on LPG subsidy, which is 30% higher than the revised estimates of 2018-19.
Kerosene Subsidy: The Ministry provides subsidised kerosene through the Public Distribution System (PDS). In 2018-19, the Ministry has allocated Rs 4,555 crore for the subsidy, which is 48% lower than the revised estimates of 2017-18.
Royalty to States: The central government grants mining leases under the Oilfields (Regulation and Development) Act, 1948 and receives royalty and licensing fee for exploration and production of petroleum. The central government has estimated to raise Rs 9,877 crore as royalty during 2018-19.4 It will pay Rs 2,326 crore to the states.
PDH Pipeline: The Phulpur-Dhamra-Haldia
(PDH) Pipeline is being developed by GAIL India to transport natural gas.5 The project will connect five states - Uttar Pradesh, Bihar, Jharkhand, Odisha and West Bengal - to the National Gas Grid. In 2018-19, the project has been allocated Rs 1,674 crore.
National Seismic Programme: The Ministry is conducting a seismic survey of all sedimentary basins of India, where limited data is available. The Programme was launched in October 2016 with an estimated expenditure of Rs 5,000 crore.6 It is expected to be completed by 2019-20. The Programme has been allocated Rs 1,300 crore for 2018-19. This is significantly higher than the allocation of Rs 10 crore in 2017-18.
## Key Issues And Analysis A. Trend In Crude Oil And Retail Prices Of Petrol And Diesel
Over the last five years, the global price of crude oil (Indian basket) has come down from USD 110 in January 2013 to USD 67 in January 2018, having touched a low of USD 28 in January 2016. While there has been a 63% drop in the price of global crude over this five-period, the retail price of petrol in India has reduced by 3%. During this period, the retail price of diesel increased by 30%. Figure 5 and Figure 6 show the trends in prices of global crude oil and retail price of petrol and diesel in India over the last five years.
Note: Subsidy indicated in the graph is notional. While
calculating the amount of subsidy, various other factors such as
cost of domestic inputs will also have to be accounted. Global
Crude Oil Price is for the Indian basket. Figures reflect average
monthly retail price of petrol in Delhi.
Sources: Petroleum Planning and Analysis Cell; Indian Oil
Corporation Limited; PRS.
monthly retail price of diesel in Delhi. Sources: Petroleum Planning and Analysis Cell; Indian Oil Corporation Limited; PRS.
The central government has used taxes to prevent
sharp fluctuations in the retail price of diesel and
petrol. In the past, when global crude oil prices
have increased, duties have been cut.7 Since 2014,
as global crude oil prices declined, excise duties
have been increased. As a result, the central
government's revenue from excise duty on petrol and diesel increased annually at a rate of 46% between 2013-14 and 2016-17. During the same period, the total sales tax collections of states (from petrol and diesel) increased annually by 9%.
## B. Subsidy Paid On Kerosene And Lpg
The Ministry provides subsidy for: (i) LPG cylinders, and (ii) supply of kerosene through the PDS system. The subsidy seeks to provide these products to beneficiaries at prices lower than production costs. Over the last few years, the Ministry's expenditure on subsidy has reduced from Rs 96,880 crore in 2012-13 to an estimated Rs 24,933 crore in 2018-19 (see Figure 8).
The Ministry is estimated to spend 80% of its total budget on providing this subsidy in 2018-19. As seen in Figure 9, a large proportion of this will be
for LPG subsidy. Between 2015-16 and 2018-19,
the expenditure on LPG subsidy reduced from Rs
22,660 crore to an estimated Rs 20,378 crore
(average reduction of 3% annually). During this
period, the expenditure on kerosene subsidy
reduced from Rs 7,339 crore to Rs 4,555 (average
reduction of 15% annually. (Break-up of petroleum
subsidy unavailable for previous years.)
## Lpg Subsidy
The Ministry has been directly transferring the
LPG subsidy into the bank account of the
beneficiary under the PAHAL scheme. The
Ministry stated that it had weeded out 3.77 crore
duplicate, inactive or ghost beneficiary accounts
under the scheme (for state-level details, see Table
8 in the Annexure). 8,20
The CAG (2016) noted that while de-duplication
checks had been carried out by agencies and oil
companies, its audit identified 74,180 LPG
customers linked to 37,090 Aadhaar (see Table 3).
This indicated multiple LPG connections having
the same Aadhaar number and bank details.9
No. of LPG
unique
Combination of
Oil Marketing
Companies
No. of
Aadhaar
numbers
consumer IDs
HPCL and IOCL
13,698
27,396
IOCL and BPCL
10,640
21,280
BPCL and HPCL
12,752
25,504
Total
37,090
74,180
Note: HPCL - Hindustan Petroleum Corporation Limited. IOCL
- Indian Oil Corporation Limited. BPCL - Bharat Petroleum
Corporation Limited.
Sources: CAG Report on implementation of PAHAL; PRS.
This Ministry stated that the implementation of
PAHAL has resulted in savings in the delivery of
LPG subsidy (see Table 4). Note that the CAG
(2016) had observed that there was a difference in the savings estimated by the Ministry and oil companies. It noted inconsistencies in the calculations made by both, and stated that the actual savings may be less than estimates made by the Ministry and the oil companies.9
| Year | Estimated savings |
|-------------------|----------------------|
| 2014-15 | 14,818 |
| 2015-16 | 6,443 |
| 2016-17 | 4,608 |
| 2017-18 (Apr-Nov) | 3,799 |
The CAG audit observed that as of December 2015, 1.55 crore beneficiaries had not joined the PAHAL scheme for direct benefit transfer of subsidy. It noted that there was a possibility that this includes consumers who deserve the subsidy, but may not be able to avail it.9
Give it up campaign: The Ministry launched the
'Give it Up' campaign to encourage domestic LPG consumers, who can afford to pay the market price of LPG, to voluntarily surrender their LPG subsidy.10 As on January 30, 2018, more than one crore LPG consumers had voluntarily surrendered their subsidy.11 The government also disqualified consumers with an annual income of more than Rs 10 lakh from receiving the subsidy.1 The CAG audit (2016) noted that the implementation of PAHAL and the 'Give it Up'
campaign had resulted in the reduction in the offtake of subsidised LPG cylinders. However, it noted that lower offtake did not have a significant impact on subsidy savings, as these savings were primarily a result of the fall in global crude prices.9
Pradhan Mantri Ujjwala Yojana: According to the National Sample Survey (2011-12), more than 67% of the rural households in the country used firewood as the primary source of energy for cooking (see Figure 10).12 In urban areas, most of the households (68%) used LPG for cooking. (For a state-wise details on the primary source of energy for cooking in rural and urban areas and the change in preferences between 1993-94, see Table 9, Table 10, Table 11, and Table 12 of the Annexure.)
The Pradhan Mantri Ujjwala Yojana was launched
in 2016 with an objective of providing clean
cooking fuel, i.e., LPG, to households which rely
on firewood, coal, dung cakes, etc. for cooking.13
Under the scheme, Rs 1,600 is provided as an
initial cost to the beneficiary households.14,20 This
amount seeks to cover costs for installation of an
LPG connection.15
The scheme has a target of providing five crore
LPG connections to BPL families between 2016-17
and 2018-19 (see Table 5 below). These
connections are issued in the name of the women of
the household, and the BPL families are identified
based on the Socio-Economic Caste Census.16
| Financial Year | Target (Crore) |
|-------------------|-------------------|
| 2016-17 | 1.5 |
| 2017-18 | 1.5 |
| 2018-19 | 2 |
Sources: 18th Report of the Standing Committee on Petroleum and Natural Gas on the Demands for Grants of the Ministry of Petroleum and Natural Gas (2017-18), March 2017; PRS.
As of February 2018, 3.39 crore new connections
had been issued.17 For a state-wise break up of new
connections, see Table 13 in the Annexure. The
Union Budget 2018-19 proposes to increase this
target to eight crore beneficiaries.18
## Kerosene Subsidy
Over the last few years, the Ministry's expenditure on providing subsidy for kerosene has reduced from Rs 24,804 crore in 2014-15 to an estimated Rs 4,555 crore in 2018-19 (see Table 6). The Ministry stated that with the increase in LPG coverage and electrification in villages, the allocation for kerosene had been rationalised.19
1 Annual Report 2016-17, Ministry of Petroleum and Natural Gas, http://petroleum.nic.in/sites/default/files/AR16-17.pdf. 2 Demands for Grants for the Ministry of Petroleum and Natural Gas for 2018-19, http://www.indiabudget.gov.in/ub2018- 19/eb/sbe72.pdf. 3 About the Scheme, PAHAL - Direct Benefits Transfer for LPG, Ministry of Petroleum and Natural Gas, http://petroleum.nic.in/dbt/whatisdbtl.html. 4 Receipt Budget, Union Budget 2018-19, http://www.indiabudget.gov.in/ub2018-19/rec/allrec.pdf.
5 Brief Report on Jagdishpur- Haldia & Bokaro- Dhamra Pipeline (JHBDPL Phase-II) Project, Environment Clearance 6 Annual Report 2016-17, Ministry of Petroleum and Natural Gas, http://petroleum.nic.in/sites/default/files/AR16-17.pdf.
7 Report of the Committee on Pricing and Taxation of Petroleum Products, Ministry of Petroleum and Natural Gas, February
2006, http://petroleum.nic.in/sites/default/files/Report1.pdf.
8 Unstarred Question No. 278, Lok Sabha, Ministry of Petroleum and Natural Gas, Answered on February 5, 2018, http://164.100.47.190/loksabhaquestions/annex/14/AU278.pdf. 9 Report of the Comptroller and Auditor General of India on Implementation of PAHAL (DBTL) Scheme (Pratyaksh Hanstantrit Labh Yojana), 2016, http://www.cag.gov.in/sites/default/files/audit_report_files/Unio n_Commercial_Compliance_Full_Report_25_2016_English.pdf
| Year | Expenditure on kerosene subsidy |
|------------|------------------------------------|
| 2014-15 | 24,804 |
| 2015-16 | 11,496 |
| 2016-17 | 8,861 |
| 2017-18 RE | 8,804 |
| 2018-19 BE | 4,555 |
Sources: Demands for Grants for the Ministry of Petroleum and
Natural Gas (2018-19); Unstarred Question No. 2295, Lok
Sabha, Ministry of Petroleum and Natural Gas, Answered on
January 1, 2018; PRS.
The Standing Committee on Petroleum and Natural
Gas (2017) had recommended that the Ministry
should reduce the expenditure on this subsidy and
work towards the eventual withdrawal of the
subsidy.20 It noted that an increase in the coverage
of LPG beneficiaries is necessary to reduce their
dependence on kerosene. This will result in the
usage of cleaner fuel, promote the health of users,
and address the problem of adulteration.
The Committee also recommended that states
should be encouraged to move towards the direct
cash transfer of kerosene subsidy to reduce
inefficiencies in the delivery.19 As of January 1,
2018, Jharkhand had implemented direct cash
transfer in kerosene in 24 districts. The Ministry
stated that other states had been requested to join
the scheme.19
19 Unstarred Question No. 2295, Lok Sabha, Ministry of Petroleum and Natural Gas, Answered on January 1, 2018, http://164.100.47.190/loksabhaquestions/annex/13/AU2295.pdf. 20 18th Report of the Standing Committee on Petroleum and Natural Gas on the Demands for Grants of the Ministry of Petroleum and Natural Gas (2017-18), March 2017, DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research ("PRS"). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it.
## Annexure Detailed Expenditure Table
Table provides an overview of expenditure on the major schemes of the Ministry, provided in the Demands for Grants (2018-19). In addition, major shifts in the budgetary allocation are shown in the last two columns.
Absolute
increase in 2018-
Head
Actual
2016-17
Budget
2017-18
Revised
2017-18
Budget
2018-19
% change
in BE 2018-
19 over RE
19 (BE) over
2017-18 (RE)
2017-18
Secretariat
28
31
34
32
-1
-4.3%
Payment of royalty to states
35
44
7,005
2,326
-4,679
-66.8%
Strategic Oil Reserves
2,031
2,579
1,141
781
-360
-31.6%
LPG Subsidy
18,678
16,076
15,656
20,378
4,721
30.2%
Of which:
Direct Benefit Transfer
13,000
13,097
13,097
16,478
3,381
25.8%
LPG Connection to Poor Households
2,500
2,500
2,252
3,200
948
42.1%
Other subsidy
3,178
454
282
608
326
115.3%
Kerosene Subsidy
8,861
8,924
8,804
4,555
-4,249
-48.3%
Of which:
Cash Incentives for Kerosene Distribution
80
107
106
254
148
140.5%
Direct Benefit Transfer
0
150
34
96
62
180.3%
Under-recovery
8,781
8,662
8,662
4,200
-4,462
-51.5%
Phulpur Dhamra Haldia Pipeline
450
1,200
400
1,674
1,274
318.5%
National Seismic Programme
-
-
10
1,300
1,290
-
Autonomous Bodies
149
303
145
55
-91
-62.3%
Total
30,231
29,158
33,195
31,101
-2,095
-6.3%
Sources: Expenditure Budget, Union Budget 2017-18; PRS.
The Ministry of Petroleum and Natural Gas stated that it had weeded out 3.77 crore duplicate, inactive or ghost beneficiary accounts under the PAHAL scheme. State-wise details of the accounts can be found in the table below.
Weeded Out
State / UT
Customers
(Lakh)
Andhra Pradesh
28.72
Arunachal Pradesh
0.85
Assam
10.76
Bihar
11.42
Chhattisgarh
5.48
Goa
1.36
Gujarat
19.37
Haryana
11.09
Himachal Pradesh
6.62
Jammu and Kashmir
7.47
Jharkhand
4.89
Karnataka
15.28
Kerala
11.18
Madhya Pradesh
19.34
Maharashtra
36.15
Manipur
1.11
Meghalaya
0.67
Mizoram
0.72
Nagaland
0.79
Odisha
7.75
Punjab
19.53
Rajasthan
12.7
Sikkim
0.61
Tamil Nadu
23.46
Telangana
21.51
Tripura
1.19
Uttar Pradesh
55.87
Uttarakhand
7.73
West Bengal
13.64
Andaman and Nicobar Islands
0.31
Chandigarh
1.59
Dadra and Nagar Haveli
0.11
Daman and Diu
0.19
Delhi
17.9
Lakshadweep
0.01
Puducherry
0.56
Total
377.94
Source: Unstarred Question No. 278, Lok Sabha, Ministry of Petroleum and Natural Gas, Answered on February 5, 2018; PRS.
State
Coal and
Coke
Firewood
and Chips
LPG
Dung
Cake
Kerosene
Other
Sources
No Cooking
Arrangement
All
Andhra Pradesh
2
675
289
2
2
3
27
1000
Assam
1
810
172
0
3
5
9
1000
Bihar
6
564
59
208
5
157
1
1000
Chhattisgarh
9
932
15
31
2
5
6
1000
Gujarat
0
797
139
9
35
7
12
1000
Haryana
0
417
267
244
12
58
3
1000
Jharkhand
143
777
29
29
3
2
16
1000
Karnataka
0
805
147
0
20
7
21
1000
Kerala
1
663
308
0
1
7
20
1000
Madhya Pradesh
2
808
62
106
5
7
8
1000
Maharashtra
0
621
231
2
10
97
38
1000
Odisha
9
870
39
18
2
56
6
1000
Punjab
0
305
305
303
27
42
19
1000
Rajasthan
0
893
89
6
7
4
1
1000
Tamil Nadu
0
583
372
0
25
2
18
1000
Uttar Pradesh
2
561
67
334
1
28
6
1000
West Bengal
65
629
66
53
5
175
6
1000
All-India
11
673
150
96
9
49
13
1000
Sources: Energy Sources of Indian Households for Cooking and Lighting, 2011-12, NSS 68th Round, July 2011-June 2012; PRS.
State
Coal and
Coke
Firewood
and Chips
LPG
Dung
Cake
Kerosene
Other
Sources
No Cooking
Arrangement
All
Andhra Pradesh
1
101
773
0
27
7
91
1000
Assam
1
168
710
1
57
23
40
1000
Bihar
40
249
605
55
5
33
13
1000
Chhattisgarh
113
347
398
33
27
21
59
1000
Gujarat
9
159
620
3
105
57
47
1000
Haryana
0
60
865
31
14
5
25
1000
Jharkhand
311
56
539
5
12
9
68
1000
Karnataka
0
148
640
0
68
4
139
1000
Kerala
0
363
554
0
6
5
72
1000
Madhya Pradesh
8
257
652
18
36
2
27
1000
Maharashtra
2
57
745
0
101
15
80
1000
Odisha
38
365
435
2
48
27
85
1000
Punjab
1
67
754
32
100
7
38
1000
Rajasthan
5
187
716
2
20
0
70
1000
Tamil Nadu
0
112
709
0
85
2
92
1000
Uttar Pradesh
6
210
668
75
10
8
23
1000
West Bengal
135
107
565
6
87
15
84
1000
All-India
21
140
684
13
57
15
69
1000
Sources: Energy Sources of Indian Households for Cooking and Lighting, 2011-12, NSS 68th Round, July 2011-June 2012; PRS.
| Source of energy for cooking | 1993-94 | 1999-2000 | 2004-05 | 2009-10 | 2011-12 |
|---------------------------------|------------|--------------|------------|------------|------------|
| Coal and Coke | 1% | 2% | 1% | 1% | 1% |
| Firewood and Chips | 78% | 76% | 75% | 76% | 67% |
| LPG | 2% | 5% | 9% | 12% | 15% |
| Dung Cake | 12% | 11% | 9% | 6% | 10% |
| Kerosene | 2% | 3% | 1% | 1% | 1% |
| No Cooking Arrangement | 1% | 1% | 1% | 2% | 1% |
| Other Sources | 4% | 3% | 4% | 3% | 5% |
| All Rural Households | 100% | 100% | 100% | 100% | 100% |
Sources: Energy Sources of Indian Households for Cooking and Lighting, 2011-12, NSS 68th Round, July 2011-June 2012; PRS.
| Source of energy for cooking | 1993-94 | 1999-2000 | 2004-05 | 2009-10 | 2011-12 |
|---------------------------------|------------|--------------|------------|------------|------------|
| Coal and Coke | 6% | 4% | 3% | 2% | 2% |
| Firewood and Chips | 30% | 22% | 22% | 18% | 14% |
| LPG | 30% | 44% | 57% | 65% | 68% |
| Dung Cake | 2% | 2% | 2% | 1% | 1% |
| Kerosene | 23% | 22% | 10% | 7% | 6% |
| No Cooking Arrangement | 6% | 4% | 5% | 7% | 7% |
| Other Sources | 3% | 1% | 2% | 2% | 2% |
| All Urban Households | 100% | 100% | 100% | 100% | 100% |
Sources: Energy Sources of Indian Households for Cooking and Lighting, 2011-12, NSS 68th Round, July 2011-June 2012; PRS.
States / UT
Number of connections
released as on 31-03-2017
Number of connections
released as on 16-02-2018
Andhra Pradesh
63,428
79,893
Arunachal Pradesh
-
5,253
Assam
2
8,74,893
Bihar
24,76,953
47,00,789
Chhattisgarh
11,05,441
18,66,588
Goa
954
983
Gujarat
7,52,354
12,56,221
Haryana
2,78,751
3,51,723
Himachal Pradesh
1,601
26,853
Jammu and Kashmir
2,65,787
3,65,115
Jharkhand
5,36,912
10,80,352
Karnataka
15,840
8,61,080
Kerala
11,241
34,642
Madhya Pradesh
22,39,821
31,63,875
Maharashtra
8,58,808
17,86,364
Manipur
25
27,064
Meghalaya
-
29,161
Mizoram
-
704
Nagaland
-
8,208
Odisha
10,11,955
20,58,124
Punjab
2,45,008
3,73,463
Rajasthan
17,22,694
25,32,655
Sikkim
-
576
Tamil Nadu
2,72,749
9,37,746
Telangana
41
41
Tripura
-
37,861
Uttar Pradesh
55,31,159
64,02,186
Uttarakhand
1,13,866
1,35,579
West Bengal
25,20,479
49,11,387
Andaman & Nicobar Islands
1,189
1,698
Chandigarh
-
-
Dadra and Nagar Haveli
3,211
11,437
Daman and Diu
73
202
Delhi
516
519
Lakshadweep
-
129
Puducherry
760
2,407
Total
2,00,31,618
3,39,25,771
Sources: Website of the Pradhan Mantri Ujjwala Yojana (last accessed on February 19, 2018); PRS. |
65c43cfe57bc5671070682c5 | budget_reports |
## Demand For Grants 2018-19 Analysis Youth Affairs And Sports
The Ministry of Youth Affairs and Sports has the mandate of developing sports facilities and encouraging sporting talent in India. The Ministry is broadly responsible for creating infrastructure and capacity-building to enable international competitiveness. It has two departments: (i) the Department of Youth Affairs and (ii) the Department of Sports. This note presents the trends in expenditure, and discusses some of the issues related to the Ministry of Youth Affairs and Sports.
## Overview Of Finances
The Ministry of Youth Affairs and Sports has been allocated Rs 2,196 crore in 2018-19 (see Table 1). This is a 13% increase over the revised estimates of 2017-18 (Rs 1,938 crore).
Particulars
Actual 2016-17
RE 2017 -18
BE 2018 -19
% change (BE over RE)
Khelo India
159
443
576
30%
Sports Authority of India
438
496
430
-13%
359
302
342
13%
Assistance to National Sports Federations
215
226
255
13%
Nehru Yuva Kendra Sangathan
98
124
153
23%
Rashtriya Yuva Sashaktikaran Karyakaram Others
305
348
441
27%
Total
1,574
1,938
2,196
13%
Note: BE - Budget Estimate; RE - Revised Estimates. Sources: Demand No. 100, Ministry of Youth Affairs and Sports, Union Budget 2018-19, PRS.
Khelo India and the autonomous bodies (Sports Authority of India and National Sports Federations) under the Ministry have received the highest allocations. These fall under the Department of Sports. Together, 62% of the Ministry's allocations have gone to Khelo India, Sports Authority of India, and National Sports Federations (see Figure 1). However, Sports Authority of India has seen a 13% decrease from the revised estimate of 2017-18 at Rs 430 crore.
##
Tel: (011) 43434035-36, 23234801-02 www.prsindia.org
Khelo India programme aims to: (i) identify and nurture sporting talent, (ii) encourage mass participation of youth in annual sports competitions, and (iii) create of sports infrastructure.
National Sports Federations (NSFs) are autonomous bodies registered under Companies or Societies Acts. They promote and develop sports disciplines in the country,
for which they are recognised by the concerned international federation. Currently, there are 54 NSFs in India.
The Sports Authority of India (SAI) is the nodal agency at the national level to promote excellence in sports. Additionally, SAI provides support to NSFs for identification, training, and coaching of sportspersons, and setting up infrastructure.
Under the Department of Youth Affairs, Nehru Yuva Kendra Sangathan and the Rashtriya Yuva Sashaktikaran Karyakaram have received the highest allocation at Rs 255 crore and Rs 153 crore respectively in 2018-19.
## Issues With Financial Allocation
In terms of budgetary allocations to the Ministry, the Standing Committee on Human Resource Development (2016-17) noted that the allocations have been much lower than the projected demand,
##
year after year. 1,2,3 For example, in 2016-17, the projected demand for Nehru Yuva Kendra Sangathan was Rs 864 crore. Against this demand, the allocated budget estimate in 2016-17 was Rs 205 crore. Further, such allocations have been reduced at the revised estimates stage. For example, the Ministry of Finance reduced the allocation for the Department of Youth Affairs from Rs 596 crore at the budget estimate stage in 2016-17 stage to Rs 530 crore at revised estimate stage in 2016-17.4
Note: Revised estimates have been used for 2017-18 and budget estimates for 2018-19. Sources: Union Budgets, 2008-18; PRS.
Despite lower allocations in comparison to the projected demand, the utilisation of funds in terms of actual expenditure has been consistently high, year after year.3 For example, in the past three years, the utilisation has been over 90%, even touching 100% in 2017-18 (see Table 2). However, in 2014-15, the utilisation was just over 60%. The actual allocations and the year on year percentage change in such allocations is given in Figure 2. The percentage change in the actual allocation has been fluctuating between 10% to 30% in the last three years.
the actual expenditure (2007-17) (in Rs crore)
| Year | BE | Actuals | Actuals/BE |
|---------|-------|------------|---------------|
| 2007-08 | 780 | 857 | 110% |
| 2008-09 | 1,112 | 1,593 | 143% |
| 2009-10 | 3,073 | 3,670 | 119% |
| 2010-11 | 3,565 | 2,841 | 80% |
| 2011-12 | 1,121 | 970 | 87% |
| 2012-13 | 1,152 | 871 | 76% |
| 2013-14 | 1,219 | 1,123 | 92% |
| 2014-15 | 1,769 | 1,121 | 63% |
| 2015-16 | 1,541 | 1,423 | 92% |
| 2016-17 | 1,592 | 1,574 | 99% |
| 2017-18 | 1,943 | 1,938* | 100% |
Note: B.E.: Budget Estimates; *Revised Estimate. Sources: Union Budgets, 2015-18; PRS.
##
The Ministry of Finance has included sports infrastructure in the harmonised master list of infrastructure sub-sectors on September 9,
2016.5 This list consists of five core sectors: (i) transport, (ii) energy, (iii) water and sanitation,
(iv) communication, and (v) social and commercial infrastructure. Sports has been included as a subsector under social and commercial infrastructure. This inclusion pertains to provision of sports stadia and infrastructure for academies involved in training and research in sporting activities. This status makes the sports sector eligible for obtaining long term financial support from banks and other financial institutions at par with other infrastructure projects. Such parity in financial support is expected to: (i) bolster investment in sports infrastructure, (ii) encourage private investment, (iii) promote health and fitness, and (iv) provide more employment opportunities.
## Khelo India As An Umbrella Programme
Khelo India is an umbrella programme from 2016- 17 after the merger of Rajiv Gandhi Khel Abhiyan, Assistance for Creation of Urban Sports Infrastructure, and the National Sports Talent Search Scheme.6 All of the three schemes focus on competitions, talent, and sports infrastructure. Further, the Union Cabinet approved the revamping of the Khelo India programme in September, 2017.7 The programme aims to: (i) identify and nurture sporting talent, (ii) encourage mass participation of youth in annual sports competitions, and (iii) creation of sports infrastructure. The programme is estimated to cost Rs 1,756 crore for the period 2017-18 to 2019-20. In 2016-17, budgetary allocation for Khelo India was Rs 140 crore. However, this amount was reduced to Rs 118 crore in the revised estimate of 2016-17 on account of slow progress of expenditure for this scheme, which failed to pick up as envisaged.3 For example, in an answer to a question in the Lok Sabha in 2017, the Minister stated that no stadium has been sanctioned to any state under the Khelo India Scheme.8 Further, note that as sports is a State List subject, no data is maintained by the central government on the number of sports stadia set up in the country.9
## National Sports Development Fund (Nsdf)
The National Sports Development Fund (NSDF) was established by the central government in 1998 to mobilise governmental and non-governmental resources for the promotion of sports in the country. All the applications for financial assistance from NSDF are considered and decided by the Executive Committee of NSDF based on the past performance and future potential of the sportspersons in consultation with the SAI and
NSFs. Over the past few years, an average of Rs 10-15 crore have been donated or provided by the government, into the NSDF. In 2014-15, this amount was significantly higher at approximately Rs 45 crore.10 Details of the financial contributions to the NSDF from the central government and nongovernment sources are provided in Table 3 below.
government and non-government sources (in Rs
Non-
Year
Government
contribution
(Actuals)
government
contribution
2013-14
5
10
2014-15
3.7
10
2015-16
14.2
1.3
2016-17
5
11
Source: Unstarred question no. 1439, Ministry of Youth Affairs and Sports, Lok Sabha, March 9, 2017; Union Budgets; PRS.
## Issues For Consideration
Certain key observations and recommendations regarding the Ministry by the Standing Committee on Human Resource Development include:3,4,11,12
Lack of coordination: There is a lack of
coordination between the NSFs and the SAI/the Ministry, as well as NSFs and State Sports Federations (SSFs).11 The Standing Committee also highlighted a need for increased cooperation of the Ministry with other ministries such as Human Resource Development, Women and Child Development, and Panchayati Raj for the development of sports.
Fulfilling the mandate of schemes: The
mandate of NSFs, and the major schemes being implemented by the Ministry, is broadly the same. The only departure is the fact that
NSFs deal with specific sports disciplines. The Standing Committee stated that the NSFs and SSFs should be directly involved in all schemes in their respective capacities of their relevant sports discipline.11
Functioning of NSFs: It has been noted that
the composition of most NSFs is mostly dominated by non-sportspersons.11 The Committee recommended constituting an independent Election Commission and ensuring adequate representation sportspersons and other sports experts. This would also address issues of mis-governance, maladministration, among others.
Currently, there is no grievance redressal mechanism in most NSFs. The Committee recommended establishing a multi-layered mechanism for the same at national and state levels.11 It also suggested assigning the role of final authority to a sports tribunal.
The NSFs are receiving inadequate funds from the government and therefore, trying to manage more funds from other sources. In this context, it has been recommended that if the government is not in a position to take care of all the funding requirements, private participation should be encouraged.11 Further, the Committee observed that there are still some erring NSFs which are not complying with the government's guidelines.
Teacher training and vacancies: The
Lakshmibai University of Physical Education is the national apex institution for physical education teachers training, national fitness plan and physical education school curriculum. With respect to this University, the Standing Committee noted the lapse of approved financial outlay and delay in execution of approved projects.4 It recommended that efforts should be made for improving the quality of academic level of the University and strengthening the training skills and administrative support to the students.
The **National Sports University Bill, 2017** was introduced in Lok Sabha in August, 2017 and is pending in Parliament.13 The Standing Committee on Human Resource Development has submitted its report on the Bill. The Bill establishes a National Sports University located in Manipur. It will promote sports education in the areas of: (i) sports sciences, (ii) sports technology, (iii) sports management, and (iv) sports coaching. It will function as a national training centre for select sports disciplines. It may also establish campuses and study centres in other parts of the country. The University will be empowered to grant degrees, diplomas and certificates.
The Committee further observed that the major constraint in the achievement of desired result by Nehru Yuva Kendra Sangathan (NYKS) is shortage of staff. For example, the total sanctioned strength of NYKS is of 2,273 posts, of which 861 posts are vacant.4
Even under the Sports Authority of India, shortage of coaches and more than 37% vacancies exist. The mode and pace of recruitment is not satisfactory and needs major improvement and should not be addressed through contract basis appointments.4
NSDF and Corporate Social Responsibility
(CSR): There exists a confusion among the
Public Sector Undertakings (PSUs) regarding NSDF and CSR.12 CSR comes under the Companies Act, 2013 while NSDF comes under the Charitable Endowments Act, 1890. Hence, contribution under CSR cannot be equated to endowments to NSDF. The
Standing Committee recommended that the Department of Sports must educate the PSUs about this difference. Further, the Committee recommended setting up a Council of NSDF, to manage the Fund. The Council would be represented by different stakeholders like sportspersons, administrators, amongst others. Additionally, it also recommended reaching out to all the possible donors who have the capacity to contribute. The NSDF should not merely be confined to the public sector companies or banks but also reach out to the corporate sector.
Collaboration with banks: The Standing
Committee recommended that SAI should take pro-active steps to improve infrastructures/coaching facilities in rural areas.12 It recommended that banks should be involved for talent hunt at the grassroots. It
Sports, http://yas.nic.in/sites/default/files/Outcome%20Budget%202014 -15.pdf. 3 "Report no.277: Demands for Grants 2016-17 (Demand No. 98) of the Ministry of Youth Affairs and Sports", Standing Committee on Human Resource Development, April 27, 2016, http://164.100.47.5/newcommittee/reports/EnglishCommittees/C ommittee%20on%20HRD/277.pdf. 4 "Report no. 287: Demands for Grants 2017-18 (Demand No. 100) of the Ministry of Youth Affairs and Sports", Standing Committee on Human Resource Development, March 21, 2017, http://164.100.47.5/newcommittee/reports/EnglishCommittees/C ommittee%20on%20HRD/287.pdf. 5 No. 13/6/2009- Notification, Ministry of Finance, the Gazette of India, September 9, 2016, http://egazette.nic.in/WriteReadData/2016/171686.pdf.
6 "Annual Report 2015-16", Ministry of Youth Affairs and Sports, http://yas.nic.in/sites/default/files/FY_English_Annual%20Repo rt_2015-16.pdf 7 "Cabinet approves Revamped Khelo India Programme", Press Information Bureau, Cabinet, September 20, 2017. 8 Unstarred Question No.1141, December 21, 2017, Ministry of Youth Affairs and Sports, http://164.100.47.190/loksabhaquestions/annex/13/AU1141.pdf. 9 Unstarred Question No. 5034, Lok Sabha, December 23, 2014, http://164.100.47.194/Loksabha/Questions/QResult15.aspx?qref =9876&lsno=16.
also recommended that banks and financial institutes (including the private sector) should be encouraged to formulate a specific Sports Policy at their own level.
Youth hostel management: Encroachment of
youth hostels by state government departments
and their use for non-designated purposes has
been observed.4 Further, meetings of Hostel Management Committee are not being held regularly, thereby adversely affecting smooth running of Youth Hostels. In this context, the Committee recommended that the Ministry must initiate appropriate measures to get all Youth Hostels vacated from the unauthorised occupants. All requisite steps should be taken by to regularise the meetings of the Hostel Management Committee.
11 "Report no.262: The Functioning of National Sports Federations", Standing Committee on Human Resource Development, February 20, 2014, http://164.100.47.5/newcommittee/reports/EnglishCommittees/C ommittee%20on%20HRD/262.pdf. 12 "Report no.281: Performance of National Sports Development Fund And Recruitment and Promotion of Sportspersons (Part-
III)", Standing Committee on Human Resource Development, Rajya Sabha, August 9, 2016, http://164.100.47.5/newcommittee/reports/EnglishCommittees/C ommittee%20on%20HRD/281.pdf. 13 The National Sports University Bill, 2017, http://www.prsindia.org/uploads/media/Sports%20University%2 0Bill,%202017/National%20sports%20university%20bill,%202 017.pdf.
DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research ("PRS"). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it.
|
65c43cfe57bc5671070682c1 | budget_reports |
## Demand For Grants 2018-19 Analysis Road Transport And Highways
India has one of the largest road networks in the world with about 47 lakh km of road length.1 This road length includes National Highways (NHs), Expressways, State Highways (SHs), district roads, PWD roads, and project roads. In India, road infrastructure is used to transport over 60% of total goods and 85% of total passenger traffic.1 The Ministry of Road Transport and Highways formulates and administers policies for road transport, and transport research. It is also involved with the construction and maintenance of the National Highways (NHs). It also deals with matters relating to road transport such as implementation of the primary central legislation, the Motor Vehicles Act, 1988. This note looks at the proposed expenditure of the Ministry for the year 2018-19, its finances over the last few years, and issues with the same.
## Allocations In Union Budget 2018-19
Expenditure: The total expenditure on the Ministry of Road Transport and Highways for 2018-19 is estimated at Rs 71,000 crore.2 This is 16% higher than the revised estimates for 2017-18. In 2018-19, while revenue expenditure of the Ministry is expected at Rs 11,560 crore, capital expenditure is expected at Rs 59,440 crore.2 The Ministry has increased its capital expenditure significantly in the last few years. For 2018-19, the ratio between revenue and capital expenditure is estimated at 16:84. In comparison, the ratio between revenue and capital expenditure for the years 2015 was at 41:59.
Actual
2016-17
Revised
2017-18
Budget
2018-19
BE 2018-
19/ RE
2017-18
Revenue
11,039
10,136
11,560
14%
Capital
41,193
50,864
59,440
17%
Total
52,232
61,000
71,000
16%
Notes: BE - Budget Estimate; RE - Revised Estimate.
Sources: Notes on Demands for Grants, 2018-2019, Ministry of Road Transport and Highways; PRS.
## Allocation And Utilisation Of Funds
In the past few years, the actual allocation to the Ministry has been consistently lower than the budget estimates. However, it has been noted that the utilisation of the funds by the Ministry has been high. The Standing Committee on Transport, Tourism and Culture (2016) had recommended that the reduction of allocation at the revised estimates stage should be avoided.3
* The number for 2017-18 compares the budget estimates with the revised estimates. Sources: Ministry of Road Transport and Highways budget documents; PRS.
## Policy Proposals In The Budget Speech
In his budget speech, the Finance Minister made the following announcements regarding the roads sector:
Road and infrastructure cess: The existing Road Cess (cess on motor spirit and high speed diesel) has been converted to the Road and Infrastructure Cess. This cess on petrol and high-speed diesel has been increased by Rs 2 per litre, while the excise and customs duty have been cut by the same amount.
Under the Bharatmala Pariyojana about 35,000 km of roads will be developed in Phase-I at an estimated cost of Rs 5,35,000 crore.
To raise equity from the market for its mature road assets, NHAI will consider organizing its road assets into Special Purpose Vehicles and use other innovative monetizing structures like Toll, Operate and Transfer (TOT) and Infrastructure Investment Funds (InvITs).
The government will come out with a policy to introduce toll system on 'pay as you use' basis.
## Overview Of Finances Expenditure Of The Central Government
In 2018-19, of the total expenditure, the highest allocation is towards road works at 58% (Rs 40,881 crore).2 This is followed by allocation towards the National Highways Authority of India (NHAI) at 42% (Rs 29,663 crore).2
Road Transport and Highways
Major Head
Actual
2016-17
Revised
2017-18
Budget
2018-19
BE 2018-
19/ RE
2017-18
Road works
44,463
36,780
40,881
11%
NHAI
7,500
23,892
29,663
24%
1,127
171
315
84%
Road transport and safety Others
144
158
141
-11%
Total
52,232
61,000
71,000
16%
Notes: BE - Budget Estimate; RE - Revised Estimate. Sources: Notes on Demands for Grants, 2018-2019, Ministry of Road Transport and Highways; PRS.
Road works: Expenditure under road works includes development of NHs, projects related to expressways, increasing the number of lanes under various projects, and development of road connectivity in Naxalite affected areas. The allocation towards roads works is 11% more than the revised estimates of 2017-18 (Rs 36,780 crore).2 However, the allocation is 8% lower than the actual spending in 2016-17 (Rs 44,463 crore).
NHAI: The central government is responsible for the development and maintenance of NHs, and it carries out these functions through the NHAI. The NHs comprise about 2% of the road network but carry about 40% of the total road traffic.4 Expenditure on the NHAI includes funding provided towards projects under the National Highways Development Project (NHDP). Key projects under the NHDP include: (i) the Golden Quadrilateral, (ii) the North-South and East-West Corridors, and (iii) four-laning of 12,109 kms under phase III.1
NHAI has been allocated Rs 29,663 crore in 2018-
19, which is 24% more than the revised estimates for 2017-18 (23,892 crore).2 Of this amount, Rs 20,093 crore (68%) will be provided from the Central Road Fund (CRF), and the remaining Rs 9,570 crore (35%) will be provided from the Permanent Bridge Fees Fund (PBFF).2
## Funds Managed By The Ministry
The Ministry manages its expenditure through various funds. Their details are provided below.
## Rs Crore)
Actual
2016-17
Revised
2017-18
Budget
2018-19
BE 2018-
19/ RE
2017-18
CRF
34,946
43,663
54,014
24%
PBFF
7,572
8,562
9,620
12%
NIF
4,465
5,265
6,210
18%
Notes: BE - Budget Estimate; RE - Revised Estimate. Sources: Notes on Demands for Grants, 2018-2019, Ministry of Road Transport and Highways; PRS.
Central Road Fund (CRF): A majority of the Ministry's expenditure is managed through transfers from the CRF. A portion of the cess collected on motor spirit and high speed diesel is earmarked for the development of NHs and SHs, and the amount is transferred to the non-lapsable CRF. This amount is eventually released to the NHAI, and to the state/UT governments for development of road infrastructure in the country.5 For 2018-19, the transfer from CRF is estimated at Rs 54,014 crore.1 This is a 24% increase from the revised estimates of 2017-18 (Rs 43,663 crore). These grants are expected to be used for the creation of capital assets.
Permanent Bridge Fees Fund (PBFF): Funds transferred to the PBFF relate to the revenue collected by the government by way of (i) fees levied for the use of certain permanent bridges on NHs by motor vehicles, (ii) toll on NHs, and (iii) revenue share and negative grants received on some PPP projects. The fund is utilised for development of NHs being undertaken by the government and those entrusted to NHAI.2 For 2018-19, the transfer to PBFF is estimated at Rs 9,620 crore.1 This is a 12% increase from the revised estimates of 2017-18 (Rs 8,562 crore).
National Investment Fund (NIF): The NIF was created in 2005, and is credited with proceeds from disinvestments of public sector enterprises. The Ministry finances the Special Accelerated Road Development Programme in North East (SARDP- NE) with funds from the NIF. For 2018-19, the transfer to NIF is estimated at Rs 6,210 crore.1 This is an 18% increase from the revised estimates of 2017-18 (Rs 5,265 crore).
## Schemes
Bharatmala Pariyojana: The Bharatmala Pariyojana is a new umbrella programme covering highways.6 It aims to optimize efficiency of freight and passenger movement by bridging critical infrastructure gaps. The program aims to increase the number districts with national highway linkages from 300 to 550.7 On October 24, 2017, the Union Cabinet approved phase I of Bharatmala Pariyojana under which 34,800 km of roads will be developed over a period of five years. Phase I will also subsume 10,000 km of balance roadworks under the NHDP. The estimated cost of Phase I is Rs 5,35,000 crore, spread over five years. Table 4 illustrates the various components of Phase I.
| Components | Length (in | Outlay (Rs |
|-------------------------|---------------|---------------------------|
| km) | crore) | |
| 9,000 | 1,20,000 | Economic corridors |
| development | | |
| 6,000 | 80,000 | Inter-corridor and feeder |
| roads | | |
| 5,000 | 100,000 | National Corridors |
| Efficiency improvements | | |
| 2,000 | 25,000 | Border and International |
| connectivity roads | | |
| 2,000 | 20,000 | Coastal and port |
| connectivity roads | | |
| Expressways | 800 | 40,000 |
| Total | 24,800 | 3,85,000 |
| 10,000 | 1,50,000 | Balance road works under |
| NHDP | | |
| Total | | 5,35,000 |
Sources: Ministry of Road Transport and Highways; PRS.
## Issues To Consider
The roads sector is facing several constraints such as: (i) availability of land for NH expansion and upgradation, (ii) significant increase in land acquisition cost, (iii) lack of equity with developers, (iv) bottlenecks and checkpoints on NHs which could adversely impact benefits of GST, (v) higher cost of financing; and (vi) shortfall in funds for maintenance.8 Further, the value of NPAs in the infrastructure sector (including roads and highways) has been increasing, with NPAs at around Rs 2.6 lakh crore as of August 2016.9 We discuss some of these issues below.
## Targets Vs Performance
Road construction: The achievement of construction targets (for NHs) has ranged between 55% to 70% in the last three years. The road construction target for 2017-18 was 15,000 km, of which 4,292 km has been constructed till November 30, 2017 (33%).10 This suggests a rate of construction of 20 km/day (see Table 6). This is slightly lower than the rate of construction for last year which was 22 km/day. Given that 33% of the target length has been constructed in the first eight months of the year, it remains to be seen how much of the target will be completed in the remaining four months.
| Achievement | Achievement | Year | Target |
|----------------|----------------|---------|-----------|
| (km) | (km) | (in %) | |
| 2014-15 | 6,300 | 4,410 | 70% |
| 2015-16 | 10,950 | 6,061 | 55% |
| 2016-17 | 15,000 | 8,231 | 55% |
| 2017-18 | 15,000 | 4,942* | 33%* |
* data as of November 30, 2017. Sources: Rajya Sabha questions; PRS.
The CAG had noted that between 2009-10 to 2012-
13, the rate of NH construction was between 3.06 km/day and 17.81 km/day, as compared to a target of 20 km/day.11 The Standing Committee on Transport (2017) had noted that none of the schemes or targets could not be met due to shortage of funds. The projects could not be completed due to various reasons such as delays in obtaining clearances, poor financial and technical performance of the contractors, and law and order issues.
## Project Delays
The Committee on Public Undertakings (2017) had noted that from 1995, till June 2016, out of the total 388 projects completed, only 55 projects were completed on or before time.12 Delays in the completion of the projects were mainly attributed to: (i) the long time taken in land acquisition, and obtaining environment and forest clearances, (ii) poor performance of concessionaires due to economic slowdown, and (iii) law and order issues. The CAG had noted that several road projects get stalled due to court injunctions.13 As on July 31, 2017, 30 road projects with a total cost of Rs 11,216 crore were stayed for three years. Such delays increase project costs, eventually making certain projects unviable. Table 7 below shows the time taken to obtain various types of clearances.
Clearance required
Statutory Authority
Time taken
Environmental
Ministry of Environment and Forest
12-15 months 1-2 years
Forest
Ministry of Environment and Forest
Wildlife
National Board of Wildlife and Supreme Court of India
More than 3 years
Sources: Outcome Budget 2015-16, Ministry of Road Transport and Highways; PRS.
The Standing Committee on Transport (2015) had recommended that a coordination mechanism at the central level with the Ministries of Finance, Environment and Forest and Defence will help speed up the process of clearances.16 The Standing Committee (2016) had also suggested that the Ministry of Road Transport and Highways should obtain all these clearances before awarding the projects to concessionaires. The NHAI should: (i) technically examine, (ii) estimate costs, and (iii) ensure all clearances before awarding any projects to the concessionaires.
## Increase In Land Acquisition Costs
From January 1, 2015, the compensation for land acquired by NHAI is determined as per the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act,
2013. The Committee on Public Undertakings
(2017) had noted that due to higher compensation under the 2013 Act, the expenditure by the Ministry of Road Transport on land acquisition increased from Rs 9,097 crore in 2014-15 to Rs
21,933 crore in 2015-16.12
The Committee also observed that farmers who were entitled to lesser compensation under the older law, have been approaching courts for increased compensation.12 This has further delayed the land acquisition process and added to the cost of projects.
## Performance Of Nhai
The Comptroller and Auditor General of India (2016) had also noted several procedural inefficiencies with NHAI. For example, NHAI could not realise toll on certain projects due to delays in approvals, toll operations, and other procedural lapses.14 NHAI did not adhere to Ministry of Road Transport and Highways guidelines regarding maintenance of project wise balance sheet and cash flow.14 Loss of revenue was also noted due to inefficient bidding process for engagement of toll collecting agencies.14 The Committee on Public Undertakings (2017) had also noted several issues in the financial performance of NHAI such as: (i) insufficiency of funds, (ii) gap between the amount of fund allocated and released, and (iii) under-utilisation of funds.12 For example, funds that are left unspent at the end of a financial year is shown as 'opening balance' at the beginning of the next financial year. This opening balance was Rs 2,672 crore and Rs 6,740 crore for the years 2015-16 and 2016-17 respectively.12 This shows NHAI's inability to optimally utilise the available funds.
## Issues With Financing
Role of central government in financing: The Standing Committee on Transport (2016) had observed that while the Ministry of Road Transport and Highways invests in the construction of roads, it does not have its own source of revenue other than budgetary support from the central government.15 The Committee recommended that the RBI and Ministry of Finance may help the Ministry of Road Transport to set up its own dedicated financial institutions to generate funds for development of the road sector. It also recommended that Ministry of Road Transport should monitor toll collection and channelise the surplus money towards stressed projects. The Standing Committee (2016) had also noted that while the central government has allocated a huge budget for the road sector, this cannot sustain over a long term.15 It suggested that the government should devise ways and establish appropriate financial institutions and models to encourage the return of private investment to the road sector.
Private financing and contracts: It has been noted that the roads sector is struggling with regard to private financing.4,16 Several PPP projects have not been able to attract bids.16 The major highway developers in the country are also facing financial capacity constraints. Further, the lack of debt products that are aligned with the revenue stream profile of highway projects, makes financing of such projects difficult. These reasons have resulted in some projects getting stalled at the construction stage, and this is also discouraging prospective bidders.16 The Committee on Revisiting & Revitalizing the PPP model of Infrastructure Development (Chair: Dr. Vijay Kelkar) had looked at issues with PPP projects in India, in November 2015.17 It had recommended setting up an independent regulator for the roads sector. It had also noted that service delivery to citizens is the government's responsibility and PPPs should not be used to evade such responsibilities. The Kelkar Committee had noted that inefficient and inequitable allocation of risk can be a major factor leading to failure of PPPs.17 PPP contracts should ensure optimal risk allocation across all stakeholders. The basic principle for risk allocation should be to ensure that the entity that is best suited to manage a risk should be allocated that risk. The Kelkar Committee had also observed that since infrastructure projects span over 20-30 years, a private developer may lose bargaining power because of abrupt changes in the economic or policy environment.17 It recommended that the private sector must be protected against such loss of bargaining power. This could be ensured by amending the terms of the concession agreement to allow for renegotiations. In January 2016, the Cabinet Committee on Economic Affairs had approved the hybrid annuity model for implementing highway projects in partnership with the private sector.18 Under this model, government and the private entity will share the project cost in the ratio of 40:60. This model is expected to lower the initial capital outflow for the government, as bulk of the payment will be done through annuity payments. Further, the private entity will be insulated from traffic and inflation risks, as these will be looked after by the government.
Infrastructure lending: The Standing Committee on Transport (2016) had observed that several of the long-term loans disbursed for the road sector are turning into non-performing assets (NPAs).15 Project bids are often made without proper study, and projects are awarded in a hurry. This results in stalling of projects, and concessionaires leave midway. Concessionaires had also anticipated higher revenue realization but achieved less due to the recent economic downturn.15 Banks and other infrastructure lending institutions have also been reluctant to finance the highways sector.15 This has led to difficulties in debt servicing, putting additional stress on the road infrastructure portfolios. Besides increasing the cost of the project, delays also make it difficult to obtain additional debt.15 The Committee recommended that banks should take due diligence while disbursing loans to concessionaires. It also suggested that the bank NPAs may be supported by government allocation. Further, banks could be empowered to recover the bad debts. The model concession agreement of NHAI should be restructured to change terms and conditions which ensure that banks do not end up accumulating NPAs.
## Investment In Maintenance Of Roads
In 2018-19 the Ministry has allocated Rs 3,071 crore towards maintenance of roads and highways (including toll bridges). This is Rs 37 crore lower than the revised estimates of 2017-18. The Ministry allocates about 4% of its budget towards maintenance of NHs. This is for a total NH length of 1.15 lakh km. In comparison, in 2014-15 the US government allocated about 48% of its total budget ($19.2 billion) on roads and highways towards the maintenance of existing facilities.19 This was for a total highway length of 10.16 lakh miles (or 16.37 lakh km) (highways that receive federal aid).20 The National Transport Development Policy Committee (2014) had observed that as compared to the amount spent on construction and upgradation of roads, the amount spent on maintenance of existing roads is less.21 This results in roads with potholes, weak bridges, poor pavements, etc. Further, maintenance is carried out when required, as opposed to being a part of preventive measures.21 The Standing Committee on Transport (2017) had also raised concerns regarding the allocation towards maintenance of highways. The entire length of NHs in the country cannot be maintained with such an amount. It had recommended that the budget for maintenance of NHs should be increased. Maintenance of roads should be given top priority as it increases the life span of roads. An effective monitoring mechanism for repair and maintenance of roads should be put in place.16 Further, there should be penalties for contractors and engineers in case of poor quality repair, maintenance, and construction.
## Investment In Road Safety
In 2018-19, the Ministry has allocated Rs 315 crore towards road transport and safety. This would provide for various things such as road safety programmes, setting up of facilities on National Highways for extending relief to accident victims, creation of National Road Safety Board, strengthening of public transport, research and development, and training. This amount is about 0.4% of the Ministry's total budget. In comparison, the US federal government spends about 20% of its total expenditure on roads and highways (around $7.8 billion) towards safety on highways.19 Between 2005 and 2015, the road network in India grew by 44%.22 During the same period, the number of road accidents increased by 14%, and road accident fatalities increased by 54%.23 In 2016, there were 4,80,652 road accidents in India, which killed about 1.5 lakh people and injured about five lakh people.24 As a signatory to the Brasilia Convention, the government intends to reduce traffic fatalities by 50% by 2020.25 The Motor Vehicles (Amendment) Bill, 2016, that was passed in Lok Sabha in April 2017 (currently pending in Rajya Sabha), seeks to amend the Motor Vehicles Act, 1988 to address various issues around road safety. The Bill provides for a Motor Vehicle Accident Fund which would be used for treatment of injured persons. It also provides for cashless treatment for road accident victims, and a golden hour scheme for immediate treatment of accident victims. It also provides for a National Road Safety Board. The Board will provide advice to the central and state governments on all aspects of road safety and traffic management.
## Connectivity In Remote Areas
Funds are also allocated towards the development of highways in areas with poor connectivity. Some of these projects include Special Accelerated Road Development Programme in North East (SARDP- NE), Externally Aided Projects (EAP) and Roads Projects in Left Wing Extremism Affected Areas (LWE). In 2017, the government announced implementing 48,877 km of projects under these ongoing schemes between 2017 and 2022. These projects will have an outlay of Rs 1,57,324 crore.26 In Budget 2018-19, Rs 6,210 crore has been allocated towards the SARDP-NE project, which is
18% higher than last year's revised estimates.
With regard to projects in LWE areas, the Standing Committee on Transport had noted that the allocation had decreased by 24% in 2016-17 (revised estimates as compared to budget estimates). It had raised concerns that such budget cuts should be avoided as road connectivity in such areas is significant.
##
1 Annual Report 2013-14, Ministry of Road Transport and Highways. 2 Notes on Demands for Grants 2018-19, Demand no 81, Ministry of Road Transport and Highways, http://www.indiabudget.gov.in/ub2018-19/eb/sbe81.pdf.
3 "234th Report: Demands for Grants (2016-17) of Ministry of Road Transport and Highways", Standing Committee on Transport, Tourism and Culture, May 2016-17, http://164.100.47.5/newcommittee/reports/EnglishCommittees/C ommittee%20on%20Transport,%20Tourism%20and%20Culture
/234.pdf.
4 Outcome Budget 2015-16, Ministry of Road Transport and Highways. 5 Notes on Demand for Grants 2014-15, Demand no 83, Ministry of Road Transport and Highways. 6 Bharatmala Pariyojana Phase I, Press Information Bureau, Ministry of Road Transport and Highways, October 25, 2017 http://pibphoto.nic.in/documents/rlink/2017/oct/p2017102504.p df. 7 Unstarred question no. 1129, Lok Sabha, December 21, 2017,.http://164.100.47.194/Loksabha/Questions/QResult15.asp x?qref=59211&lsno=16. 8 Chapter 8: Industry and Infrastructure, Economic Survey 2016- 17, Volume 2, August 2017, http://www.indiabudget.gov.in/es2016-17/echapter_vol2.pdf. 9 "246th Report: Demands for Grants (2017-18) of Ministry of Road Transport and Highways", Standing Committee on Transport, Tourism and Culture, March 17, 2017, http://164.100.47.5/newcommittee/reports/EnglishCommittees/C ommittee%20on%20Transport,%20Tourism%20and%20Culture /246.pdf. 10 Unstarred Question No 243, Rajya Sabha, Ministry of Road Transport and Highways, Answered on December 18, 2017. 11 Report No 36 of 2014, Performance Audit of Implementation of Public Private Partnership Projects in National Highways Authority of India, Comptroller and Auditor General of India, December 23, 2014, http://www.cag.gov.in/sites/default/files/audit_report_files/Unio n_Performance_Commercial_PPP_Projects_Ministry_Road_Tra nsport_Highways_36_2014.pdf. 12 Report No. 19, Committee on Public Undertaking: 'National Highways Authority of India', Lok Sabha, August 2, 2017, http://164.100.47.193/lsscommittee/Public%20Undertakings/16
_Public_Undertakings_19.pdf. 13 Chapter 9: Ease of Doing Business' Next Frontier: Timely Justice, Economic Survey 2017-18, http://mofapp.nic.in:8080/economicsurvey/pdf/131- 144_Chapter_09_ENGLISH_Vol%2001_2017-18.pdf. 14 Chapter 12: Ministry of Road Transport and Highways, Report No. 9 of 2017, 2016, Compliance Audit Union DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research ("PRS"). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it.
Government Commercial, Comptroller and Auditor General of India, April 5, 2017, http://www.cag.gov.in/sites/default/files/audit_report_files/Exec utive_Summary_report_No_9_%20of_2017_on_compliance_au dit_observations_union_government.pdf. 15 "236th Report: Infrastructure Lending in Road Sector", Standing Committee on Transport, Tourism and Culture, August 10, 2016, http://164.100.47.5/newcommittee/reports/EnglishCommittees/C ommittee%20on%20Transport,%20Tourism%20and%20Culture /236.pdf. 16 "220th Report: Demands for Grants (2015-16) of Ministry of Road Transport and Highways", Standing Committee on Transport, Tourism and Culture, April 28, 2015. 17 "Report of the Committee on Revisiting and Revitalising Public Private Partnership Model of Infrastructure", Department of Economic Affairs, Ministry of Finance, November 2015. 18 "Hybrid annuity model for implementing highway projects", Press Information Bureau, Ministry of Road Transport & Highways, January 27, 2016. 19 FHWA FY 2016 Budget, Federal Highway Administration, https://cms.dot.gov/sites/dot.gov/files/docs/FY2016- BudgetEstimate-FHWA.pdf. 20 Public Road Length - 2014, Miles by Ownership and Federal- Aid Highways, Federal Highway Information, US Department of Transportation, October 2015, https://www.fhwa.dot.gov/policyinformation/statistics/2014/pdf/ hm16.pdf. 21 "Volume 3, Chapter 2, Roads and Road Transport", India Transport Report: Moving India to 2032, National Transport Development Policy Committee, June 17, 2014, http://planningcommission.nic.in/sectors/NTDPC/volume3_p1/r oads_v3_p1.pdf. 22. Basic Road Statistics 2014-15, Ministry of Road Transport and Highways http://morth.nic.in/showfile.asp?lid=2445. 23. Road Accidents in India 2015, Ministry of Road Transport and Highways, May 2015, http://morth.nic.in/showfile.asp?lid=2143. 24 Road Accidents in India 2016, Transport Research Wing, Ministry of Road Transport and Highways, http://morth.nic.in/showfile.asp?lid=2904. 25 "Consultative Committee of the Ministry of Road Transport &
Highways discusses functioning of NHIDCL and Road Safety", Press Information Bureau, Ministry of Road Transport and Highways, March 22, 2016. 26 "Investment on Highways", Press Information Bureau, Ministry of Road Transport & Highways, February 5, 2018, http://pib.nic.in/newsite/PrintRelease.aspx?relid=176197. |
65c43cfe57bc5671070682ad | budget_reports |
## Demand For Grants 2019-20 Analysis Petroleum And Natural Gas
The Ministry of Petroleum and Natural Gas is concerned with exploration and production of Oil and Natural Gas, refining, distribution and marketing, import and export, and conservation of petroleum products. The Ministry has been allocated Rs 42,901 crore for 2019-20, a 38% increase from the revised estimates of 2018-19.
Note: Data for 2019-20 is Budgeted Estimate. Sources: Union Budget Documents; PRS.
The Ministry's expenditure trend, historically, has been following the trend in global crude oil prices. The crude oil prices have risen steadily from the 28.08 USD/barrel in January 2016 to 80.08 USD/barrel in October 2018, before showing a volatile trend. The global crude oil price was 62.39 USD/barrel in June 2019.
Anurag Vaishnav [email protected]
3rd Floor, Gandharva Mahavidyalaya 212, Deen Dayal Upadhyaya Marg New Delhi - 110002
Tel: (011) 43434035-36, 23234801-02 www.prsindia.org Note that the price of petrol and diesel in India is higher compared to neighbouring nations, such as Pakistan, Sri Lanka and Nepal. On the other hand, the price of Kerosene is lower in India, compared to these nations.
Note: Price as on July 1, 2019. Petrol, Diesel price is the price at Delhi, whereas price for Kerosene is the price at Mumbai. Sources: Petroleum Planning and Analysis Cell; PRS.
Rise in crude oil prices usually also leads to rise in under-recoveries. Under-recovery refers to the difference in the cost of producing petroleum products, and the price at which they are delivered to consumers. It indicates the loss incurred by oil marketing companies while supplying these products. Central government compensates the oil marketing companies by sharing some of this incurred loss through a burden sharing mechanism. Figure 4 shows the trend of underrecoveries with the price of global crude oil.
## Overview Of Finance
Table1: Allocation for Ministry of Petroleum and Natural Gas (Rs Crore)
Head
Actual 2017-18
Revised 2018-19
Budget 2019-20
% Change
LPG Subsidy
15,656
20,283
32,989
62.64
Kerosene Subsidy
8,804
4,550
4,489
-1.34
Royalty to States
7,005
4,255
1,954
-54.08
10
1,300
1,623
24.85
National Seismic Programme PDH Pipeline
400
1,207
1,552
28.58
Strategic Oil Reserves
1,141
781
122
-84.38
PM-JIVAN Yojana
-
-
38
0.00%
Others
176
89
134
50.56
Total
33,192
32,465
42,901
32.15
Sources: Union Budget Documents 2019-20; PRS.
LPG Subsidy: The Ministry provides subsidy on LPG cylinders to beneficiaries. Prior to 2013, this subsidy was provided in the form of subsidised cylinders. Following the launch of the PAHAL scheme in 2013, this subsidy is directly credited to the bank accounts of the beneficiary.1 In 2019-20, the Ministry is estimated to spend Rs 32,989 crore on LPG subsidy, which is 63% higher than the revised estimates of 2018-19.
Kerosene Subsidy: The Ministry provides subsidised kerosene through the Public Distribution System (PDS). In 2019-20, the Ministry has allocated Rs 4,489 crore for the subsidy, which is 1.3% lower than the revised estimates of 2018-19.
Royalty to States: The central government grants mining leases under the Oilfields (Regulation and Development) Act, 1948 and receives royalty and licensing fee for exploration and production of petroleum. The central government has estimated to raise Rs 16,930 crore as royalty during 2019- 20.2 It will pay Rs 1,954 crore to the states.
PDH Pipeline: The Phulpur-Dhamra-Haldia
(PDH) Pipeline is being developed by GAIL India to transport natural gas.3 The project will connect five states - Uttar Pradesh, Bihar, Jharkhand, Odisha and West Bengal - to the National Gas Grid. In 2019-20, the project has been allocated Rs 1,552 crore.
National Seismic Programme: The Ministry is conducting a seismic survey of all sedimentary basins of India, where limited data is available. The Programme was launched in October 2016 with an estimated expenditure of Rs 5,000 crore.4 The Programme has been allocated Rs 1,623 crore for 2019-20. This is 25% higher than the allocation of in 2018-19.
## Key Issues And Analysis 1. Subsidy Paid On Petroleum And Kerosene
The subsidy on LPG is the largest component of ministry's expenditure, with approximately 77%
of the ministry's total budget allocated to it. The
2019-20 budget allocation for LPG subsidy is a 62.6% increase from the revised estimate for the same in 2018-19. Note that the LPG subsidy estimate for 2018-19 also marked a 30.2% increase from the revised estimates of 2017-18. The total amount allocated for subsidies in 2019- 20 is Rs 37,428 crore which is more than 50% increase from the revised estimates of 2018-19 and constitutes 87% of the total allocation to the ministry.
Sources: Union Budget Documents 2019-20; PRS.
Pradhan Mantri Ujjwala Yojana (PMUY):
According to the National Sample Survey (2011-
12), more than 67% of the rural households in the country used firewood as the primary source of energy for cooking (see Figure ).5 In urban areas, most of the households (68%) used LPG for cooking.
Sources: Energy Sources of Indian Households for Cooking and Lighting, 2011-12, NSS 68th Round, July 2011-June 2012;
PRS.
The PMUY scheme was launched in May 2016 with the objective of providing LPG connections to households with a support of Rs.1600 per connection.6 The scheme aimed to target 5 crore households, which was later (in February 2018)
revised to target 8 crore households by 2020.7 The ambit of the scheme was also expanded in February 2018 to cover all SC/ST households, beneficiaries of Pradhan Mantri Awas Yojana (Gramin), Antyoday Anna Yojana (AAY), Forest dwellers, Most Backward Classes (MBC), Tea and ex-Tea Garden Tribes, people residing in Islands and rivers etc. in addition to SECC identified households.8 As of July 3, 2019, a total of 7.31 crore PMUY connections were released across 714 districts. Of these, the maximum connections were released in Uttar Pradesh, followed by West Bengal and Bihar. Nearly all states have seen a rapid increase in connections released under PMUY.9
## Jammu And Kashmir
Note: Date is for the 15 states with most connections. Sources: State-wise PMUY connections released, PMUY
Website; PRS.
An assessment report by the Petroleum Planning & Analysis Cell in 2016 titled 'Primary survey on household cooking fuel usage and willingness to convert to LPG' pointed out the key barriers for not applying for LPG connection are (i) high initial cost, including security deposit / price of gas stove (86%) and, (ii) high recurring cost of the cylinder (83%). The PMUY scheme provides the LPG connection and the first cylinder for free.10
| % of | Number of |
|-----------------------------|--------------|
| consumers | consumers |
| | |
| Total connections till 2018 | 5,92,54,273 |
| | |
| No. of consumers who | |
| came for refill | |
| 4,46,64,572 | 75.40% |
| No. of consumers who took | |
| three or more refills | |
| 3,40,38,729 | 57.40% |
Sources: Refill data, PMUY website, Ministry of Petroleum & Natural Gas; PRS.
The report also identified easy availability of firewood in the vicinity of forests as another primary barrier to adoption of LPG. The top five states where over 40% of the households procure firewood for free are Gujarat, Madhya Pradesh, Jharkhand, Uttar Pradesh and Nagaland.11
Pratyaksha Hastaantarit Laabh (PAHAL)
Scheme: PAHAL Scheme was launched in 2014
(54 districts in first phase) and launched in rest of the country in 2015.12 Under the PAHAL scheme, all beneficiaries under the PMUY scheme are eligible for a Direct Benefit Transfer (DBT) cashsubsidy. The average subsidy per cylinder on domestic LPG during the year 2016-17, 2017-18 and 2018-19 (up to 1st half) was Rs 108.8, Rs 173.4 and Rs 219.1, respectively.13 The effective cost of an LPG cylinder in India after the DBT subsidy is lower compared to neighbouring nations. This is illustrated below.
Sources: Petroleum Planning and Analysis Cell; PRS. Note: The prices are as on July 1, 2019. The price for India is the price at Delhi and the price for Nepal is price at Kathmandu.
The year-wise cash transfer under PAHAL has gone up from Rs 9,384 crore in 2014-15 to Rs 34,605 crore in 2018-19. The number of beneficiaries in the same time-frame have increased from 14.85 crore to 24.7 crore.14 The overall coverage of LPG has increased from 61.9% in 2016 to 94.2% in June 2019.15
Implementation of PAHAL scheme has resulted in an estimated savings of Rs 53,391 crore (upto February 2019).16 According to the Ministry, 4.09 crore duplicate/fake/ non-existent or inactive LPG connections have been eliminated under the scheme. Further, 1.03 crore consumers are now (upto December 2018) non-subsidised LPG consumers after giving up their subsidy under 'Give It Up' scheme.17
Year
Estimated Savings (in
Rupee Crore)
2014-15
14,818
2015-16
6,443
2016-17
4,608
2017-18
16,406
2018-19 (till February 2019)
14,116
Total
53,391
Sources: Unstarred Question No. 278, Lok Sabha, Starred Question No. 284, Rajya Sabha, Direct Benefit Transfer website, Government of India; PRS.
The CAG report on 'Implementation of PAHAL Scheme' (2016) notes that while the scheme appears to have addressed the concern regarding diversion of subsidised LPG cylinders to commercial consumers, the risk of diversion of nonsubsidised domestic LPG to commercial consumers still remains as there is a significant difference in the cost of non-subsidised domestic LPG and commercial LPG.18 There have also been complaints of supply of underweight cylinders and non-transfer of subsidy due to deseeding of Aadhaar from National Payments Corporation of India (NPCI) mapper.19,20 The consumer has now been given the option of receiving subsidy through bank account transfer without the use of Aadhaar.21
Kerosene Subsidy: Over the last few years, the Ministry's expenditure on providing subsidy for kerosene has reduced from Rs 24,804 crore in 2014-15 to an estimated Rs 4,489 crore in 2019-20
The Ministry has stated that with the increase in LPG coverage and electrification in villages, the allocation for kerosene had been rationalised.22 The Standing Committee on Petroleum and Natural Gas (2017) had recommended that the Ministry should reduce the expenditure on this subsidy and work towards the eventual withdrawal of the subsidy.23 It noted that an increase in the coverage of LPG beneficiaries is necessary to reduce their dependence on kerosene. This will result in the usage of cleaner fuel, promote the health of users, and address the problem of adulteration. The Standing Committee also recommended that states should be encouraged to move towards the direct cash transfer of kerosene subsidy to reduce inefficiencies in the delivery.22 Jharkhand has implemented direct cash transfer in kerosene in 24 districts. The Ministry stated that other states had been requested to join the scheme.22
## 2. Dependence On Imports
India's net import of petroleum products for 2017- 18 was 1,89,061 TMT. The total imports as a fraction of consumption has risen from 80.2% in 2007-08 to 91.7% in 2017-18. Figure 10 shows the variation of net imports of petroleum products as a percentage of total consumption in the country.
Sources: Petroleum Planning and Analysis Cell; PRS
For Natural Gas, the total imports as a fraction of consumption has risen from 29% in 2007-08 to 50% in 2017-18. Figure 11 shows the variation of net imports of Natural Gas as a percentage of total consumption of Natural Gas.
Sources: Petroleum Planning and Analysis Cell; PRS
The Standing Committee on Petroleum and Natural Gas in its 25th Report (2018) noted that it does not find any concrete action taken by the Ministry and a clear strategy with stipulated timelines to achieve the target of reduction in import dependence by 10 per cent by 2022.24
## 3. Production And Exploration
India's Crude Oil and Condensate production has fallen from 38,090 TMT in 2011-12 to 35,684 TMT in 2017-18. Similarly, the production of Natural Gas has fallen from 47,555 MMSCM in 2011-12 to 32,649 MMSCM in 2017-18. The Standing Committee on Petroleum and Natural Gas in its 25th Report (2018) had also noted that crude oil production has been stagnant for the last few years, which is a matter of serious concern.25
## Production In India
Sources: ONGC, Oil India Ltd. and DGH; PRS.
Union Cabinet approved a policy framework for reforms in the exploration and licensing policy for oil and gas fields in February 2019.26 The reforms seek to enhance domestic exploration and production of oil and gas. Previously, Cabinet had approved policy framework for exploration and exploitation of unconventional hydrocarbons such as shale oil and gas, and coal bed methane (CBM). It is to be noted that CBM production in India has shown an upward trend. (Figures in Table 4)
Year
Production (in MMSCM)
| 2015-16 | 1.07 |
|------------|---------|
| 2016-17 | 1.54 |
| 2017-18 | 2.23 |
|--------------|---------|
| 2018-19 | 4.93 |
| 2019-20 (P*) | 6.24 |
| 2020-21 (P*) | 7.29 |
Sources: Standing Committee on Petroleum and Natural Gas, Lok Sabha, Twenty-fifth Report, August 2018; PRS.
P* = Provisional
Petroleum Products: Petroleum products are used as raw materials in various sectors and industries such as transport and petrochemicals. Further, they may also be used in factories to operate machinery or fuel generator sets. Petroleum products include High Speed Diesel, LPG, Motor Spirit, Kerosene (SKO), Lube oil, Bitumen.
India's production of petroleum products has increased from 150,412 Thousand Metric Ton (TMT) in 2007-08 to 254,289 TMT in 2017-18. Its consumption of petroleum products has increased from 128,946 TMT in 2007-08 to 211,030 TMT in 2018-19. High Speed Diesel (HSD) and Motor Spirit (MS) are the two most produced and consumed petroleum products in India. In 2017-18, the production of Motor Spirit, Aviation Turbine Fuel, Kerosene oil and High Speed Diesel was higher than their consumption. However, for LPG, the production was 13,869 MT lesser than the consumption.
Sources: Petroleum Planning and Analysis Cell; PRS.
##
1 About the Scheme, PAHAL - Direct Benefits Transfer for LPG, Ministry of Petroleum and Natural Gas, http://petroleum.nic.in/dbt/whatisdbtl.html. 2 Receipt Budget, Union Budget 2019-20, https://www.indiabudget.gov.in/doc/rec/ntr.pdf.
3 Brief Report on Jagdishpur- Haldia & Bokaro- Dhamra Pipeline (JHBDPL Phase-II) Project, Environment Clearance, http://environmentclearance.nic.in/writereaddata/Online/TOR/1 1_Jan_2017_125110330F858KUXWProjectSummaryJHBDPL PhaseII.pdf. 4 Annual Report 2016-17, Ministry of Petroleum and Natural Gas, http://petroleum.nic.in/sites/default/files/AR16-17.pdf. 5 Energy Sources of Indian Households for Cooking and Lighting, 2011-12, NSS 68th Round, July 2011-June 2012, Ministry of Statistics and Programme Implementation, http://mospi.nic.in/sites/default/files/publication_reports/nss_re port_567.pdf.
6 About PMUY, Pradhan Mantri Ujjwala Yojana, Ministry of Petroleum and Natural Gas, https://www.pmujjwalayojana.com. 7 'Cabinet approves enhancement of target under Pradhan Mantri Ujjwala Yojana', Press Information Bureau, Cabinet Committee on Economic Affairs, February 7, 2018. 8 'Cabinet approves enhancement of target under Pradhan Mantri Ujjwala Yojana', Press Information Bureau, Cabinet Committee on Economic Affairs, February 7, 2018. 9 State-wise PMUY connections released, Pradhan Mantri Ujjwala Yojana, Ministry of Petroleum and Natural Gas, http://www.pmujjwalayojana.com/released-connections.html. 10 Assessment report: Primary survey on household cooking fuel usage and willingness to convert to LPG, Petroleum Planning & Analysis Cell, Ministry of Petroleum and Natural Gas, June 2016, http://ppac.org.in/WriteReadData/Reports/2017103104493425 12219PrimarySurveyReportPPAC.pdf. 11 Assessment report: Primary survey on household cooking fuel usage and willingness to convert to LPG, Petroleum Planning & Analysis Cell, Ministry of Petroleum and Natural Gas, June 2016, http://ppac.org.in/WriteReadData/Reports/2017103104493425 12219PrimarySurveyReportPPAC.pdf. 12 PAHAL-Direct Benefits Transfer for LPG(DBTL) Consumers Scheme, Ministry of Petroleum and Natural Gas, http://petroleum.nic.in/dbt/whatisdbtl.html. 13 '1.03 crore LPG Consumers have voluntarily Surrendered LPG Subsidy', Press Information Bureau, Ministry of Petroleum and Natural Gas, December 17, 2018. 14 Direct Benefit Transfer, Government of India, https://dbtbharat.gov.in.
16 Unstarred Question No. 278, Ministry of Petroleum and Natural Gas, Lok Sabha, answered on February 5, 2018. 17 '1.03 crore LPG Consumers have voluntarily surrendered LPG Subsidy', Press Information Bureau, Ministry of Petroleum and Natural Gas, December 17, 2018.
18 CAG Report on Implementation of PAHAL (DBTL) Scheme, Report No. 25 of 2016, Ministry of Petroleum and Natural Gas, https://cag.gov.in/sites/default/files/audit_report_files/Union_C ommercial_Compliance_Full_Report_25_2016_English.pdf. 19 'DBTL under Implementation in 715 Districts', Press Information Bureau, Ministry of Petroleum and Natural Gas, December 31, 2018. 20 '23.24 Crore Consumers joined Direct Benefit Transfer of LPG subsidies', Press Information Bureau, Ministry of Petroleum and Natural Gas, January 2, 2019.
21 '23.24 Crore Consumers joined Direct Benefit Transfer of LPG subsidies', Press Information Bureau, Ministry of Petroleum and Natural Gas, January 2, 2019.
22 Unstarred Question No. 2295, Lok Sabha, Ministry of Petroleum and Natural Gas, Answered on January 1, 2018, http://164.100.47.190/loksabhaquestions/annex/13/AU2295.pdf 23 18th Report of the Standing Committee on Petroleum and Natural Gas on the Demands for Grants of the Ministry of Petroleum and Natural Gas (2017-18), March 2017, http://164.100.47.193/lsscommittee/Petroleum%20&%20Natur al%20Gas/16_Petroleum_And_Natural_Gas_18.pdf. 24 Standing Committee on Petroleum and Natural Gas, Lok Sabha, Twenty-fifth Report, August 2018, http://164.100.47.193/lsscommittee/Petroleum%20&%20Natur al%20Gas/16_Petroleum_And_Natural_Gas_25.pdf. 25 Standing Committee on Petroleum and Natural Gas, Lok Sabha, Twenty-fifth Report, August 2018, http://164.100.47.193/lsscommittee/Petroleum%20&%20Natur al%20Gas/16_Petroleum_And_Natural_Gas_25.pdf. 26 "Exploration and Licensing Policy for Enhancing Domestic Exploration and Production of Oil and Gas", Press Information Bureau, Ministry of Petroleum and Natural Gas, February 21, 2019. DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research ("PRS"). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it. |
65c43cfe57bc56710706828d | budget_reports |
## Demand For Grants 2021-22 Analysis Defence
The Ministry of Defence frames policies on defence and security-related matters, and ensures its implementation by the defence services (i.e. Army, Navy and Air Force). In addition, it is responsible for production establishments such as ordnance factories and defence public sector undertakings, research and development organisations, and ancillary services that assist the defence services, such as the Armed Forces Medical Services. This note analyses budgetary allocation and expenditure trends of the Ministry. The note also discusses certain issues such as large pension expenditure, lower capital outlay, and high import dependence for defence procurement. Overview of finances In 2021-22, the Ministry of Defence has been allocated Rs 4,78,196 crore. This includes expenditure on salaries of armed forces and civilians, pensions, modernisation of armed forces, production establishments, maintenance, and research and development organisations. The allocation to the Ministry of Defence is the highest (14%) among all ministries of the central government. Defence budget has decreased as a proportion of total government expenditure In the last decade (2011-12 to 2021-22), the budget of the Ministry of Defence has grown at an annual average rate of 8.4%, while total government expenditure has grown at 10.3%.
Note: Figures for 2021-22 are Budget Estimates and for 2020-21 are Revised Estimates.
3rd Floor, Gandharva Mahavidyalaya 212, Deen Dayal Upadhyaya Marg New Delhi - 110002
Tel: (011) 43434035, 23234801 www.prsindia.org During this period, defence expenditure as a proportion of central government expenditure decreased from 16.4%, to 13.7%. The year-wise budget of the Ministry is shown in Figure 1. Defence expenditure as a percentage of GDP declined from 2.4% in 2011-12 to 2.1% in 2021-22. The Standing Committee on Defence (2018) had recommended that the Ministry of Defence should be allocated a fixed budget of about 3% of GDP to ensure adequate preparedness of the armed forces.1 India is the 3rd largest military spender According to the Stockholm International Peace Research Institute (SIPRI), India was the thirdlargest defence spender in absolute terms in 2019
(after USA and China).2 USA spent more than India on defence, both in absolute terms, and as a percentage of GDP. China spent lower in terms of percentage of GDP, but its absolute expenditure on defence was 3.7 times that of India. Table 1 compares India's defence expenditure with the seven largest spenders in absolute terms and as a percentage of GDP.
Country
Expenditure (in USD billion)
Expenditure (as % of GDP)
USA
731.75
3.4%
China
261.08
1.9%
India
71.13
2.4%
Russia
65.10
3.9%
Saudi Arabia
61.87
8.0%
France
50.12
1.9%
UK
48.65
1.7%
Pakistan
10.26
4.0%
Sources: "SIPRI Military Expenditure Database", Stockholm International Peace Research Institute, 2019; PRS.
Actual expenditure has been less than the projected amount by the defence forces The expenditure on defence by the three armed forces has been significantly lower than the amount projected by the three services, with the shortfall ranging from 12% to 36%. For instance, in 2015-16, while the forces projected a required expenditure of Rs 3,63,270 crore, the actual expenditure during the year was Rs 2,10,637 crore (a shortfall of 20%). Figure 2 shows the difference (shortfall) between the amounts projected by the three forces and the actual expenditure between 2015-16 and 2019-20. The average shortfall for revenue expenditure was 14% while for capital expenditure it was 38%. Note that since 2016-17, the budget allocation for capital expenditure has been fully utilised.
Note: Calculation for 2019-20 is based on expenditure up to December 2019.
Sources: 7th Report, Capital Outlay on Defence Services, Procurement Policy and Defence Planning, Standing Committee on Defence, March 2020; PRS.
## Growth Of 3% Over Budget 2019-20
The allocation for the Ministry of Defence is estimated to grow at an annual average rate of 3% in 2021-22 over 2019-20. This is lower than the growth in overall central government expenditure of 14%. Similarly, growth in capital outlay for defence was 10% in 2021-22 (over 2019-20), while growth in total capital expenditure of the central government was 29%. Capital outlay for defence includes expenditure on construction work, machinery, and equipment such as tanks, naval vessels, and aircrafts. Between 2011-12 and 2021-22, capital outlay for defence grew at an annual average rate of 7%, while overall capital expenditure of the central government grew at 13%. The share of capital outlay for defence in total government capital expenditure decreased from 41% to 23% in this period. The share of capital outlay has also decreased within the defence budget. It fell from 30% in 2011-12 to 22% in 2018-19. During this time, the share of pensions increased from 18% to 26%. This trend has reversed since 2019-20, as discussed below. In 2021-22, expenditure on salaries and pensions forms the largest portion of the defence budget (Rs 2,58,628 crore, 54% of the defence budget). Capital outlay of Rs 1,28,150 crore, forms 27% of the defence budget. The remaining allocation is towards stores (maintenance of equipment), border roads, research, and administrative expenses.
Change
RE
BE
Major Head
Actuals
2019-20
2020-21
2021-22
(annualised)
2019-20 to
2021-22
Salaries
1,35,771
1,35,787
1,42,778
3%
Capital outlay
1,06,483
1,31,510
1,28,150
10%
Pensions
1,17,810
1,25,000
1,15,850
-1%
Stores
42,907
49,660
44,861
2%
42,780
46,557
-4%
Other expenses
50,026
Total
4,52,996
4,84,736
4,78,196
3%
Note: Salaries, pensions and capital outlay are of the three services. Salaries include salary for civilians, auxiliary forces, Rashtriya Rifles, Jammu and Kashmir Light Infantry and Coast Guard. Pensions include rewards. Capital outlay includes capital expenses on border roads and coast guard. Stores includes ammunition, repairs and spares. Others include administration expenses, expense on research and development and housing. RE is revised estimate and BE is budget estimate. Sources: Expenditure Budget, Union Budget 2021-22; PRS.
Expenditure is estimated to record an annual average increase of 3% over 2019-20. The increase is highest for capital outlay, which is expected to grow at 10%. Allocation for salaries has increased by 3% and allocation for pension has decreased by 1%.
## Share Of Pensions
Defence pensions provides for pensionary charges for retired Defence personnel of the three services (including civilian employees) and also employees of Ordnance Factories. It covers payment of service pension, gratuity, family pension, disability pension, commuted value of pension and leave encashment. Expenditure on defence pensions has grown at an average annual rate of 12% in the last 10 years. This is higher than the average annual growth rate of the defence budget (8.4%). The share of pension in the defence budget has increased from 18% to 26% (in 2019-20), before declining to 24%.
Note: Figures for 2020-21 are Revised Estimates and 2021-22 are Budget Estimates. Sources: Union Budget 2011-22; PRS.
In 2020-21, the budget estimate for pension (Rs 1.34 lakh crore), was revised down to Rs 1.25 lakh crore (5% decline). This allocation has been further reduced for 2021-22 to Rs 1.16 lakh crore. In November 2015, One Rank One Pension (OROP) was implemented for armed forces personnel. This implies that a uniform pension will be paid for defence personnel retiring at the same rank, irrespective of their date of retirement. Until November 2020, Rs 42,740 crore had been disbursed to 20 lakh pensioners on account of implementation of OROP.3
The Standing Committee on Defence (2019) noted that the defence pension liabilities will continue to increase exponentially every year due to increase in number of retirees, amount of dearness relief, gratuity, and other retirement benefits.4
The share of funds spent on pensions is bound to rise since approximately 60,000 personnel retire every year.5 This reduces the funds available for modernisation of the armed forces. Some suggestions to reduce the pension bill include introducing a different pension scheme or assured jobs on early retirement.
## Share Of Capital Outlay
Capital outlay for defence includes expenditure on construction work, machinery, and equipment such as tanks, naval vessels, and aircrafts. Over the last 10 years, the share of the defence budget spent on capital outlay has declined. The share was highest during 2011-12 at 30% of the total defence budget, which fell to 22% in 2018-19 (the lowest), and recovered to 27% (in 2020-21).
Note: Figures for 2020-21 are Revised Estimates and 2021-22 are Budget Estimates. Sources: Union Budgets 2011-2022; PRS.
The share of capital outlay increased from 24% in 2019-20 to 27% in 2020-21 (revised estimates). Expenditure in 2020-21 of Rs 1,31,510 crore was also higher than the budget estimates of 2020-21 by almost Rs 25,000 crore (23% increase). This was due to additional spending of Rs 20,000 crore on naval fleet, aircrafts, and other equipment for the Navy and the Air Force. In 2021-22, capital outlay has been budgeted at Rs 1,28,150 crore (27% of the budget of the Ministry).
## Committed Liabilities
Note that capital acquisition of the armed forces consists of two components: (i) committed liabilities, and (ii) new schemes. Committed liabilities are payments anticipated during a financial year in respect of contracts concluded in previous years (as acquisition is a complex process involving long gestation periods). New schemes include new projects which are at various stages of approval and are likely to be implemented in future. The budget allocation for capital acquisition which should cover both committed liabilities and new schemes does not cover all committed liabilities. 6
Inadequate allocation for committed liabilities could lead to default on contractual obligations.
Shortfall
Year
Committed
liabilities
Budget
allocation
(in %)
2016-17
73,553
62,619
15%
2017-18
91,382
68,965
25%
2018-19
1,10,044
73,883
33%
2019-20
1,13,667
80,959
29%
Sources: 3rd Report, Capital Outlay on Defence Services, Procurement Policy and Defence Planning, Standing Committee on Defence, December 2019; PRS.
The Standing Committee examining the Demand for Grants 2020-21 reports that the Ministry did not supply information regarding committed liabilities and new schemes separately. Therefore, there is no information in Table 3 for 2020-21.11
## Non-Lapsable Fund For Modernisation
The Report of the 15th Finance Commission for
2021-26 studied the issue of whether a separate mechanism for funding of defence and internal security should be set up.7 The Commission recommended setting up a dedicated, non-lapsable Modernisation Fund for Defence and Internal Security to bridge the gap between projected budgetary requirements and budget allocation.8
The Commission recommended an allocation of Rs 1.5 lakh crore to the Fund over a period of five years (2021-26) by allocating 1% of the gross revenue receipts of the central government for this purpose. The Fund may also contain disinvestment proceeds of the defence public sector enterprises, and funds collected through monetisation of surplus defence land (to be used only for defence expenditure). The Commission expects the fund to collect Rs 2.38 lakh crore over the 2021-26 period.
A similar recommendation to create a Non-Lapsable Capital Fund Account for defence modernisation was made by the Standing Committee on Defence
(2017).9 At the time, the Ministry of Finance had objected to the creation of such a fund on various grounds. It had held that though the fund is nonlapsable, it would not be available to the Ministry of Defence automatically, as it would require Parliament's sanction.10 The Finance Minister had maintained that the present mechanism of authorisation of budget on an annual basis is working well.11
Analysis of the three armed forces This section analyses the budget of the three armed forces, as well as issues related to their operational preparedness and modernisation. In 2021-22, the total allocation to the three forces (including pensions) is Rs 4,51,704 crore, 94% of the total defence budget. The rest of the allocation is towards research and development and defence services ordnance factories. 61% of the defence budget is allocated for the Army, 20% for the Air Force, and 14% for the Navy. Table 4 details the defence budget allocation amongst the three forces.
Major Head
Actuals 2019-20
Revised
2020-21
Budgeted
2021-22
Share of
Budget
Army
2,76,050
2,92,964
2,90,073
61%
Navy
61,819
71,761
67,553
14%
Air Force
87,220
97,559
94,078
20%
Other
27,908
22,452
26,492
6%
Total expenditure
4,52,996
4,84,736
4,78,196
-
Note: Expenditure for Army includes expense on Border Roads Organisation, and Jammu and Kashmir Light Infantry. Expenditure for Navy includes expense on Coast Guard Organisation. Sources: Expenditure Budget, Union Budget 2021-22; PRS.
Composition of service budgets
Air Force and Navy are more capital intensive than the Army. But across all three branches, the ratio of capital to revenue expenditure is falling, with the share of pensions and salary increasing.
## Army
The Army is the largest of the three forces, both in terms of its budget as well as the number of personnel. An amount of Rs 2,90,073 crore has been allocated for the Army in 2021-22. This includes Rs 2,11,614 crore for salaries and pensions which is 73% of the Army's budget. Note that as of July 2017, the Army has a sanctioned strength of 12.6
lakh personnel.12 Significant expenditure on salaries and pensions, leaves only 11% of the Army's budget (Rs 30,637 crore) for modernisation. Table 5 provides the composition of the Army's budget for 2021-22.
Compared to the revised estimate for 2020-21, the allocation for pension has decreased (by Rs 8387 crore) and the allocation for modernisation has increased (by Rs 4,568 crore) in 2021-22.
Head
Amount allocated
% of service
budget
Salaries
1,11,693
39%
Pensions
99,921
34%
Modernisation
30,637
11%
Maintenance
20,332
7%
Others
27,490
9%
Total
2,90,073
100%
Sources: Union Budget 2021-22; PRS. Note: Salaries include salary for civilians, auxiliary forces, Rashtriya Rifles, Jammu and Kashmir Light Infantry. Modernisation funds for the Army is calculated from the following heads of the capital outlay: (i) Aircraft and Aeroengine, (ii) Heavy and Medium Vehicles, (iii) Other Equipment, (iv) Rolling Stock, and (v) Rashtriya Rifles.
Modernisation involves acquisition of state of the art technologies and weapons systems to upgrade and augment defence capabilities of the forces. Figure 5 shows the expenditure on modernisation of the Army over the last 10 years. Funds for modernisation of the Army have grown at an annual average rate of 11% between 2011-12 and 2021-22. In 2021-22, modernisation spending for the Army is estimated to grow at an annual rate of 15% over 2019-20.
Sources: Union Budgets 2011-22; PRS. Notes: Figures for 2020-21 are Revised Estimates and for 2021- 22 are Budget Estimates.
The Standing Committee on Defence (2018) has noted that modern armed forces should have onethird of its equipment in the vintage category, onethird in the current category, and one-third in the state-of-the-art category.12
However, the current position of the Indian Army is that 68% of its equipment is in the vintage category, 24% in the current category, and only 8% in the state-of-the-art category.10 Further, the Committee noted that the Indian Army has a significant shortage of weapons and ammunition. According to the Committee, these shortages have persisted since adequate attention was lacking both in terms of policy and budget for modernisation. Such a situation could impact Army preparedness in the context of a two-front war.12
## Navy
The Navy has been allocated Rs 67,553 crore (including pensions) in 2021-22. Modernisation comprises 46% (Rs 31,031 crore) of the budget of the Navy. Table 6 below provides the composition of the Navy's budget for 2021-22.
Head
Amount allocated
% of service budget
Modernisation
31,031
46%
Salaries
13,121
19%
Maintenance
7,610
11%
Pensions
5,694
8%
Others
10,097
15%
Total
67,553
100%
Note: Salaries include salary for civilians and coast guard. Modernisation funds for the Navy is calculated from the following heads of the capital outlay: (i) Aircraft and Aeroengine, (ii) Heavy and Medium Vehicles, (iii) Other Equipment, (iv) Joint Staff, (v) Naval Fleet, and (viii) Naval Dockyards and Projects. Sources: Union Budget 2021-22; PRS.
Modernisation spending for the Navy as a percentage of total defence budget has declined from 8.7% in 2015-16 to 4.9% in 2018-19. The Standing Committee on Defence (2018) has stated that this could lead to a delay in induction of critical capabilities and resultant cost-overruns.12
Modernisation spending for the Navy has since recovered to 6.5% in 2021-22. Figure 6 shows the expenditure on modernisation of the Navy over the last 10 years. Expenditure on modernisation has grown at an annual average rate of 5% between 2011-12 and 2021-22. In 2021-22, though modernisation spending is estimated to grow at an annual rate of 10% over 2019-20, it is lower than the spending in 2020-21 (as per the revised estimates).
Notes: Figures for 2020-21 are Revised Estimates and for 2021- 22 are Budget Estimates. Sources: Union Budgets 2011-22; PRS.
## Air Force
The Indian Air Force (IAF) has been allocated Rs 94,078 crore for the year 2021-22 (including pensions for retired personnel). Modernisation comprises 52% (Rs 48,870 crore) of the total budget of the IAF.
Head
Amount allocated
% of service budget
Modernisation
48,870
52%
Salaries
17,964
19%
Pensions
10,211
11%
Maintenance
9,429
10%
Others
7,605
8%
Total
94,078
100%
Source: Union Budget 2021-22; PRS. Note: Note: Salaries include salary for civilians. Modernisation funds for the Air Force is calculated from the following heads of the capital outlay: (i) Aircraft and Aeroengine, (ii) Heavy and Medium Vehicles, and (iii) Other Equipment.
Figure 7 shows the expenditure on modernisation of the IAF over the last 10 years. Funds for modernisation have grown at an annual average rate of 6% between 2011-12 and 2021-22. In 2021-22, spending on modernisation is estimated to grow at an annual rate of 8% over 2019-20. The spending is 6% lower than the revised estimates for 2020-21.
Notes: Figures for 2020-21 are Revised Estimates and for 2021- 22 are Budget Estimates.
Sources: Union Budgets 2011-22; PRS.
The CAG has raised issues in relation to the capital acquisition process of the IAF.13 In its report
(2019), the CAG examined 11 contracts of capital acquisition signed between 2012-13 and 2017-18, with a total value of approximately Rs 95,000 crore. It found that the current acquisition system was unlikely to support the operational preparedness of the IAF and recommended that the Ministry of Defence undertake structural reforms of the entire acquisition process.13
The Estimates Committee (2018) has noted that there should be 70% serviceability of aircrafts since aircrafts have to undergo standard maintenance checks.14 However, as of November 2015, the serviceability of aircrafts was 60%. Serviceability measures the number of aircrafts that are mission capable at a point in time.
## Issues In Defence Procurement
Defence procurement refers to the acquisition of defence equipment, systems and platforms which is undertaken by the Ministry of Defence, and the three armed forces. The Ministry released the Defence Procurement Procedure (DPP), 2016 in March 2016 which lays down detailed guidelines regulating defence procurement in India.15 This was replaced by the Defence Acquisition Policy, 2020, released in September 2020.16
Procurement of defence hardware is a long process, involving large number of stakeholders. Coordination issues between these stakeholders sometimes results in delays.14 For example, in the case of procurement of equipment for the air force, the CAG found that it took three to five years to just sign the contract, and another three to five years to complete the delivery.13 There was a need to remove procedural bottlenecks, simplify procedures, hasten defence acquisition, and ensure greater participation from the industry.17
The defence procurement executive is currently in the Ministry of Defence.18 An Expert Committee on Defence Procurement (2015) observed that a procurement organisation needs to have specialised knowledge of various fields including technology, commercial negotiations, cost estimations, and financial structures.18 Therefore, it recommended the creation of a separate defence procurement executive, with specialist wings and personnel, outside the formal structure of the Ministry of Defence. This executive would spearhead the procurement process, with the Ministry of Defence and Service Headquarters. Note that countries such as France and the United Kingdom have independent agencies responsible for defence procurement.18
## High Dependence On Imports
According to the Stockholm International Peace Research Institute, between 2015-19, India was the second largest importer of major arms, after Saudi Arabia, accounting for 9% of global imports. 19 The Estimates Committee (2018) had stated that dependence on foreign suppliers for military hardware not only results in huge expenditure on imports, but makes national security vulnerable as suppliers may not provide weapons during emergency situations.14 Table 8 notes the total procurement from foreign and Indian vendors during 2014-15 to 2019-20. For 2020-21, the Ministry has targeted domestic procurement of Rs 52,000 crore.20
The Estimates Committee (2018) has observed that the indigenisation level in the defence sector is increasing at a very slow rate. It further stated that nothing concrete has been done for the implementation of the strategic partnership model, which envisaged a key role for private players in building platforms such as submarines and fighter jets in India.14 The Committee also noted the high dependence on external content by Defence Public Sector Undertakings (DPSUs). For example, the import content for platforms manufactured by Hindustan Aeronautics Limited (in terms of value of the platform), ranged between 40% to 60%.14
Year
Total
procurement
Foreign
vendors
Indian
vendors
% Foreign
vendors
2014-15
65,860
25,981
39,879
39.4%
2015-16
62,342
23,192
39,150
37.2%
2016-17
69,150
27,278
41,872
39.4%
2017-18
72,732
29,035
43,697
39.9%
2018-19
75,921
36,957
38,964
48.7%
2019-20*
67,287
31,058
36,228
46.2%
Note: *Data for 2019-20 is up to December 31, 2019.
Sources: 7th Report, Capital Outlay on Defence Services, Procurement Policy and Defence Planning, Standing Committee on Defence, March 2020; PRS.
Indigenisation and growth of the defence sector
## Import Embargo
In August 2020, the Ministry of Defence published a list of 101 items for which there will be an embargo
(ban) on import.20 The list includes weapon systems, such as artillery guns, and anti-submarine rocket launchers, and equipment such as high power radar and upgrade systems. The ban on each item will apply as per the deadline specified. For 67 items, the ban came into effect from December 2020. The Ministry expects the ban on imports to give a push to self-reliance in the defence sector by boosting the domestic industry. It estimates that the embargo will result in domestic contracts of nearly four lakh crore rupees within the next five to seven years. Between April 2015 and August 2020, Rs 3.5
lakh crore worth of these items was procured.20
## Draft Defence Production And Export Promotion Policy In August 2020, The Ministry Released The Draft Defence Production And Export Promotion Policy To Boost The Defence Production Capabilities, Reduce Dependence On Imports, And Promote Exports For Self-Reliance In The Defence Industry.21
The domestic defence industry (including aerospace and
naval shipbuilding) is currently estimated to be about Rs
80,000 crore. The Policy aims to achieve a turnover of Rs
1.75 lakh crore in aerospace and defence goods and services
by 2025 (including exports of Rs 35,000 crore).
Currently, the procurement from the domestic industry is
nearly Rs 70,000 crore (60% of overall defence
procurement). The Policy aims to double this to Rs 1,40,000
crore by 2025. It proposes creating a distinct head for
domestic capital procurement in the defence budget, and
increasing allocation for domestic capital procurement by a
minimum of 15% per year for the next five years.
## Defence Acquisition Procedure, 2020
The Defence Acquisition Procedure (DAP) governs the acquisition of weapons and equipment for India's defence forces.16 The DPP 2016 specified two modes of capital acquisition: (i) buy, and (ii) buy and make. The DAP has introduced 'leasing' as a new mode of acquisition. Leasing substitutes initial capital outlays with periodical rental payments. It is preferred in situations where: (i) procurement is not feasible due to time constraint, or (ii) the asset is required only for a specific time. 'Make' refers to manufacturing portion of the contract. Other key features of the DAP are discussed below.
## Increase In Indigenous Content
Table 9 shows the categories of capital acquisition in the DPP 2016 and DAP for the Buy, and Buy and Make modes. The DAP has enhanced the indigenous content (IC) requirement in various categories of procurement. IC is the percent of cost of indigenous content in base contract cost. Categories of acquisition provided in DAP are: (i) Buy (Indian-IDDM) refers to the procurement of products from an Indian vendor that have been indigenously designed, developed and manufactured; (ii) Buy (Indian) refers to the procurement of products from an Indian vendor; (iii) Buy and Make (Indian) refers to an initial procurement of equipment from an Indian vendor in a tie-up with a foreign vendor, followed by indigenous production involving transfer of technology; (iv) Buy (Global-Manufacture in India) refers to a purchase from a foreign vendor where the 50% IC value can be achieved in 'Make' through an Indian subsidiary of the vendor; and (v) Buy (Global) refers to outright purchase of equipment from foreign or Indian vendors.
different categories of acquisition
Category
DPP-2016
DAP-2020
Buy (Indian-IDDM)
40% or more
50% or more
Buy (Indian)
40% or more
50% or more (for indigenous design)
Buy and Make (Indian)
50% or more of 'Make' part
50% or more of 'Make' part
Buy and Make
Not specified
Category not present 50% or more
Buy (Global- Manufacture in India)
Category not present
Buy (Global)
Not specified
30% or more (for Indian vendor)
Note: Buy and Make category refers to an initial procurement of equipment from a foreign vendor, followed by transfer of technology. Sources: DPP-2016, DAP-2020; PRS.
## Procurement From Drdo, Dpsus
The DAP adds a separate mechanism for acquisition of systems designed by the Defence Research and Development Organisation (DRDO), Defence Public Sector Undertakings (DPSUs), and Ordnance Factory Boards (OFBs). Based on operational requirements, the procuring agency will identify equipment which can be designed and developed by DRDO, DPSUs, or OFBs. Such cases would then be categorised under Buy (Indian-IDDM) for subsequent procurement. This is expected to enhance domestic development capabilities.
## Changes To Acquisition Procedure
The acquisition process starts with a request for information and formulation of requirements before the project is cleared. Thereafter, contractors submit bids which are evaluated and field tested (trials) before the contract is awarded. The DAP seeks to: (i) formulate service quality requirements using verifiable parameters, in a standardised format, and (ii) provide for single stage clearance for acquisitions of up to Rs 500 crore. The DAP will also rationalise trial and testing procedures to ensure transparency and avoid duplication of trials.
## Project Management Unit
A Project Management Unit (PMU) has been mandated to support contract management. It was announced as part of the Aatmanirbhar Bharat reforms.22 The PMU will facilitate provision of consultancy support during the acquisition process. This is expected to ensure a time bound procurement process and enable faster decision making.
## Increase In Fdi Limit
In September 2020, the limit for foreign direct investment under the automatic route was increased from 49% to 74%.23 FDI beyond 74% is permitted with government approval which may be given where FDI is likely to result in access to modern technology.24 Domestic companies can benefit from enhanced access to capital and state of the art technology. This change was announced as part of the Aatmanirbhar Bharat Abhiyaan.22
##
1 "40th Report: Demands for Grants (2018-19) General Defence Budget, Border Roads Organisation, Indian Coast Guard, Military Engineer Services, Directorate General Defence Estates, Defence Public Sector Undertakings, Welfare of Ex-Servicemen, Defence Pensions, Ex-Servicemen Contributory Health Scheme", Standing Committee on Defence, Lok Sabha, March 12, 2018, http://164.100.47.193/lsscommittee/Defence/16_Defence_40.pdf.
2 "SIPRI Military Expenditure Database", Stockholm International Peace Research Institute, https://www.sipri.org/sites/default/files/Data%20for%20all%20co untries%20from%201988%E2%80%932018%20as%20a%20shar e%20of%20GDP%20%28pdf%29.pdf.
3 "Five years of historic decision to implement OROP", Press Information Bureau, Ministry of Defence, November 6, 2020.
4 "1st Report: Demands for Grants (2019-20) General Defence Budget, Border Roads Organisation, Indian Coast Guard, Military Engineer Services, Directorate General Defence Estates, Defence Public Sector Undertakings, Welfare of Ex-Servicemen, Defence Pensions, Ex-Servicemen Contributory Health Scheme", Standing Committee on Defence, December 2019, http://164.100.47.193/lsscommittee/Defence/17_Defence_1.pdf.
5 "46th Report: Demands for Grants (2018-19) General Defence Budget, Border Roads Organisation, Indian Coast Guard, Military Engineer Services, Directorate General Defence Estates, Defence Public Sector Undertakings, Welfare of Ex-Servicemen, Defence Pensions, Ex-Servicemen Contributory Health Scheme", Standing Committee on Defence, January 2019, http://164.100.47.193/lsscommittee/Defence/16_Defence_46.pdf.
6 3rd Report, Capital Outlay on Defence Services, Procurement Policy and Defence Planning, Standing Committee on Defence, December 2019, http://164.100.47.193/lsscommittee/Defence/17_Defence_3.pdf.
7 Notification S.O. 2691(E), Ministry of Finance, July 29, 2019, http://finance.cg.gov.in/15%20Finance%20Commission/GoI%20 Notification/29-07-2019.pdf.
8 Chapter 11, Report of the 15th Finance Commission for 2021-26, https://fincomindia.nic.in/WriteReadData/html_en_files/fincom15 /Reports/XVFC%20VOL%20I%20Main%20Report.pdf.
9 "32nd Report: Creation of Non-Lapsable Capital Fund Account, Instead of the Present System", Standing Committee on Defence, Lok Sabha, August 4, 2017, http://164.100.47.193/lsscommittee/Defence/16_Defence_32.pdf.
10 "48th Report: Action Taken by the Government on the Observations/Recommendations contained in the Fortieth Report
(16th Lok Sabha) on 'Demands for Grants of the year 2018-19 on Capital Outlay on Defence Services, Procurement Policy and Defence Planning", Standing Committee on Defence, Lok Sabha, January 7, 2019, http://164.100.47.193/lsscommittee/Defence/16_Defence_48.pdf.
11 7th Report, Capital Outlay on Defence Services, Procurement Policy and Defence Planning, Standing Committee on Defence, March 2020, http://164.100.47.193/lsscommittee/Defence/17_Defence_7.pdf.
12 "41st Report: Demands for Grants (2018-19) Army, Navy, Air Force", Standing Committee on Defence, March 12, 2018, http://164.100.47.193/lsscommittee/Defence/16_Defence_41.pdf.
13 "Report No. 3 of 2019: Performance Audit Report of the Comptroller and Auditor General of Indian on Capital Acquisition in Indian Air Force", Comptroller and Auditor General, February 13, 2019.
14 "29th Report: Preparedness of Armed Forces- Defence Production and Procurement", Committee on Estimates, July 25, 2018, http://164.100.47.193/lsscommittee/Estimates/16_Estimates_29.p df.
15 Defence Procurement Procedure 2016, Ministry of Defence, March 28, 2016, https://mod.gov.in/dod/sites/default/files/Updatedver230818.pdf
16 Defence Acquisition Policy, 2020, Ministry of Finance, September 28, 2020, https://www.mod.gov.in/dod/sites/default/files/DAP2030new.pdf.
17 "Raksha Mantri Shri Rajnath Singh approves a Committee to review Defence Procurement Procedure to strengthen 'Make in India'", Press Information Bureau, Ministry of Defence, August 17, 2019.
18 "Committee of Experts for Amendments to DPP 2013 Including Formulation of Policy Framework", Ministry of Defence, July 2015, https://mod.gov.in/sites/default/files/Reportddp.pdf.
19 SIPRI Yearbook 2020, Armaments, Disarmament and International Security, https://www.sipri.org/sites/default/files/2020- 06/yb20_summary_en_v2.pdf.
20 "MoD's big push to Atmanirbhar Bharat initiative; Import embargo on 101 items beyond given timelines to boost indigenisation of defence production", Press Information Bureau, Ministry of Defence, August 9, 2020.
21 Draft Defence Production and Export Promotion Policy
(DPEPP), 2020, https://www.makeinindiadefence.gov.in/admin/webroot/writeread data/upload/recentactivity/Draft_DPEPP_03.08.2020.pdf.
22 "Presentation of details of 4th Tranche announced by Union Finance & Corporate Affairs Minister Smt. Nirmala Sitharaman under Aatmanirbhar Bharat Abhiyaan to support Indian economy in fight against COVID-19", May 16, 2020, https://static.pib.gov.in/WriteReadData/userfiles/AatmaNirbhar% 20Bharat%20Full%20Presentation%20Part%204%2016-5- 2020.pdf.
23 Press Note No. 4 (2020 Series), Ministry of Commerce and Industry, https://dipp.gov.in/sites/default/files/pn4-2020_0.PDF.
24 "FDI in Defence Sector", Press Information Bureau, Ministry of Defence, September 14, 2020. DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research ("PRS"). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it.
|
65c43cfe57bc567107068278 | budget_reports |
## Budget Highlights
-
Expenditure: The government proposes to spend Rs 39,44,909 crore in 2022-23, which is an increase of 4.6% over
the revised estimate of 2021-22. In 2021-22, total expenditure is estimated to be 8.2% higher than budget estimate.
-
Receipts: The receipts (other than borrowings) in 2022-23 are expected to be to Rs 22,83,713 crore, an increase of
4.8% over revised estimate of 2021-22. In 2021-22, total receipts (other than borrowings) are estimated to be 10.2% higher than the budget estimates.
-
GDP: The government has estimated a nominal GDP growth rate of 11.1% in 2022-23 (i.e., real growth plus inflation).
-
Deficits: Revenue deficit in 2022-23 is targeted at 3.8% of GDP, which is lower than the revised estimate of 4.7% in
2021-22. Fiscal deficit in 2022-23 is targeted at 6.4% of GDP, lower than the revised estimate of 6.9% of GDP in 2021- 22 (marginally higher than the budget estimate of 6.8% of GDP). Interest expenditure at Rs 9,40,651 crore is estimated to be 43% of revenue receipts.
-
Extra Budgetary Resources (EBR): After a number of years, the budget has not relied on EBR or loans from National
Small Savings Fund.
-
Ministry allocations: Among the top 13 ministries with the highest allocations, in 2022-23, the highest percentage
increase in allocation is observed in the Ministry of Communications (93%), followed by the Ministry of Road Transport and Highways (52%), and the Ministry of Jal Shakti (25%).
## Main Tax Proposals In The Finance Bill
-
Income tax: There is no change in income tax rates for individuals and corporations.
-
Surcharge on Long Term Capital Gains (LTCG): Currently, the surcharge on LTCG on listed equities and equity
mutual funds is capped at 15%. The surcharge on other LTCG is 25% if total income is between Rs 2 crore and Rs 5 crore, and 37% if it is above Rs 5 crore. The budget proposes to cap these at 15%.
-
Tax on virtual digital assets: Income from the transfer of cryptocurrencies and non-fungible tokens will be taxed at the
rate of 30%. Any loss incurred from such transfers cannot be set off against any other income or carried forward to subsequent years.
-
Updating return of income: Taxpayers will be permitted to file an updated return of income within two years of the
assessment year. They will have to pay 25% penalty on tax and interest due if it is filed in the year after the assessment year, and 50% penalty in the second year.
-
Co-operatives: Alternate minimum tax for co-operatives will be reduced from 18.5% to 15%. Surcharge will be
reduced from 12% to 7% for co-operatives whose total income is between one crore and ten crore rupees.
-
New companies and start-ups: New domestic companies engaged in manufacturing have an option to pay tax at 15%
(without claiming any deductions) if they start manufacturing by March 31, 2023. Certain types of start-ups have an option for tax holiday for three out of the first ten years if they incorporate by April 1, 2022. Both these deadlines have been extended by one year.
-
Changes in customs duty: Customs duties on over 500 items have been changed. Many customs exemptions are also
being phased out.
## Non-Tax Proposals In The Finance Bill
-
The Reserve Bank of India Act, 1934 is being amended to enable RBI to issue its digital currency.
## Policy Highlights
-
Legislative proposals: The Special Economic Zones Act, 2005 will be replaced with a new legislation that will enable
states to become partners in 'Development of Enterprise and Service Hubs', covering all existing and new industrial enclaves. Legislative changes will also be brought in to promote agro-forestry and private forestry. Amendments will be made in the Insolvency and Bankruptcy Code to facilitate cross border insolvency resolution.
-
Fiscal Management: Rs 51,971 crore has been budgeted in 2021-22 towards settling the liabilities of Air India.
-
MSMEs: Emergency Credit Line Guarantee Scheme (ECLGS) will be extended up to March 2023 and its guarantee
cover will be expanded by Rs 50,000 crore to total cover of five lakh crore rupees. Credit Guarantee Trust for Micro and Small Enterprises will be revamped to facilitate additional credit of two lakh crore rupees.
-
Health and Nutrition: Under Ayushman Bharat Digital Mission, an open platform for National Digital Health
Ecosystem will be established. It will consist of digital registries of health providers and health facilities, unique health identity, consent framework, and universal access to health facilities. A National Tele Mental Health Programme will be
launched to provide access to quality mental health counselling and care services.
-
River linking: The Ken-Betwa Link Project will be implemented at an estimated cost of Rs 44,605 crore. Five more
river linking projects are being implemented.
-
Labour and Employment: The Digital Ecosystem for Skilling and Livelihood (DESH) Stack e-portal will be
launched. The portal will help citizens learn skills, acquire credentials, and assist in finding relevant jobs.
-
Infrastructure: Projects relating to transport and logistics infrastructure in the National Infrastructure Pipeline will be
aligned with PM GatiShakti framework, which was launched last year. The Prime Minister's Development Initiative for North-East (PM-DevINE) will be implemented through the North-Eastern Council to fund development projects in the North-East region. Also, one lakh crore rupees is being allocated to states for catalysing investments, in the form of 50 year interest free loans.
-
Roadways: The PM GatiShakti Master Plan for Expressways will be formulated in 2022-23. The National Highways
network will be expanded by 25,000 km in 2022-23.
-
Railways: One-station-one-product concept will be implemented to help local businesses and supply chains. 400 new
Vande Bharat trains will be developed and manufactured during the next three years. Further, 100 cargo terminals for
multimodal logistics facilities will also be developed during the next three years.
-
Telecom: Spectrum auctions will be conducted to facilitate rollout of 5G mobile services within 2022-23. A scheme for
design-led manufacturing will be launched to build an ecosystem for 5G as part of the Production Linked Incentive (PLI)
Scheme.
-
Energy and Environment: A battery swapping policy for electric vehicles will be implemented. Four pilot projects for
coal gasification and conversion of coal into chemicals required for the industry will be set-up. Sovereign Green Bonds will be issued in 2022-23 for mobilising resources for green infrastructure.
## Budget Estimates Of 2022-23 As Compared To Revised Estimates Of 2021-22
-
Total Expenditure: The government is estimated to spend Rs 39,44,909 crore during 2022-23. This is an increase of
4.6% over the revised estimate of 2021-22. Out of the total expenditure, revenue expenditure is estimated to be Rs 31,94,663 crore (0.9% increase) and capital expenditure is estimated to be Rs 7,50,246 crore (24.5% increase). The increase in capital expenditure is mainly due to a substantial increase in loans and advances to state governments. Loans
and advances by the central government are estimated to be Rs 1,40,057 crore in 2022-23, an increase of 153% over the
revised estimates for 2021-22.
-
Total Receipts: Government receipts (excluding borrowings) are estimated to be Rs 22,83,713 crore, an increase of 4.8%
over the revised estimates of 2021-22. The gap between these receipts and the expenditure will be plugged by borrowings, budgeted to be Rs 16,61,196 crore, an increase of 4.4% over the revised estimate of 2021-22.
-
Transfer to states: The central government will transfer Rs 16,11,781 crore to states and union territories in 2022-23.
This is a marginal increase of 0.5% over the revised estimates of 2021-22. Transfer to states comprises: (i) devolution of Rs 8,16,649 crore out of the divisible pool of central taxes, and (ii) Rs 7,95,132 crore in the form of grants and loans. In 2021-22, as per the revised estimates, Rs 1,59,000 crore will be transferred to states in the form of back-to-back loans in lieu of GST compensation.
-
Deficits: Revenue deficit is targeted at 3.8% of GDP, and fiscal deficit is targeted at 6.4% of GDP in 2022-23. The target
for primary deficit (which is fiscal deficit excluding interest payments) in 2021-22 is 2.8% of GDP.
-
GDP growth estimate: The nominal GDP is estimated to grow at a rate of 11.1% in 2022-23.
% change (RE 2021-22
Actuals
2020-21
Budgeted
2021-22
Revised
2021-22
Budgeted
2022-23
to BE 2022-23)
Revenue Expenditure
30,83,519
29,29,000
31,67,289
31,94,663
0.9%
Capital Expenditure
4,26,317
5,54,236
6,02,711
7,50,246
24.5%
of which:
Capital Outlay
3,15,826
5,13,862
5,47,457
6,10,189
11.5%
Loans and Advances
1,10,491
40,374
55,255
1,40,057
153.5%
Total Expenditure
35,09,836
34,83,236
37,70,000
39,44,909
4.6%
Revenue Receipts
16,33,920
17,88,424
20,78,936
22,04,422
6.0%
Capital Receipts
57,625
1,88,000
99,975
79,291
-20.7%
of which:
Recoveries of Loans
19,729
13,000
21,975
14,291
-35.0%
Other receipts (including disinvestments)
37,897
1,75,000
78,000
65,000
Total Receipts (excluding borrowings)
16,91,545
19,76,424
21,78,911
22,83,713
4.8%
Revenue Deficit
14,49,599
11,40,576
10,88,352
9,90,241
-9.0%
% of GDP
7.3%
5.1%
4.7%
3.8%
Fiscal Deficit
18,18,291
15,06,812
15,91,089
16,61,196
4.4%
% of GDP
9.2%
6.8%
6.9%
6.4%
Primary Deficit
11,38,422
6,97,111
7,77,298
7,20,545
-7.3%
% of GDP
5.8%
3.1%
3.3%
2.8%
Source: Budget at a Glance, Union Budget Documents 2022-23; PRS.
Expenses which bring a change to the government's assets or
liabilities (such as construction of roads or recovery of loans) are
capital expenses, and all other expenses are revenue expenses
(such as payment of salaries or interest payments). In 2022-23,
capital expenditure is expected to increase by 24.5% over the
revised estimates of 2021-22, to Rs 7,50,246 crore. Revenue
expenditure is expected to increase by 0.9% over the revised
estimates of 2021-22 to Rs 31,94,663 crore.
Disinvestment is the government selling its stakes in Public
Sector Undertakings (PSUs). In 2021-22, the government is
estimated to meet 45% of its disinvestment target (Rs 78,000
crore against a target of Rs 1,75,000 crore). The disinvestment
target for 2022-23 is Rs 65,000 crore.
## Receipts Highlights For 2022-23
-
Receipts (excluding borrowings) in 2022-23 are estimated to be Rs 22,83,713 crore, an increase of 4.8% over the revised
estimates of 2021-22.
-
Gross tax revenue is budgeted to increase by 9.6% over the revised estimates of 2021-22, which is lower than the estimated
nominal GDP growth of 11.1% in 2022-23. This is mainly on account of a 15% decrease in excise duties. Other taxes are
estimated to rise faster than nominal GDP. The net tax revenue of the central government (excluding states' share in taxes) is
estimated to be Rs 19,34,771 crore in 2022-23.
-
Devolution to states from centre's tax revenue is estimated to be Rs 8,16,649 crore in 2022-23. In 2021-22, the devolution to
states increased by Rs 79,222 crore from an estimate of Rs 6,65,563 crore at the budgeted stage to Rs 7,44,785 crore at the
revised stage.
-
Non-tax revenue is expected to be Rs 2,69,651 crore in 2022-23. This is 14.1% lower than the revised estimate of 2021-22.
-
Capital receipts (without borrowings) are budgeted to decrease by 20.7% over the revised estimates of 2021-22. This is on
account of disinvestments, which are expected to be Rs 65,000 crore in 2022-23, as compared to Rs 78,000 crore as per the revised estimates of 2021-22.
% change
(RE 2021-22 to BE
Actuals
2020-21
Budgeted
2021-22
Revised
2021-22
Budgeted
2022-23
2022-23)
Gross Tax Revenue
20,27,104
22,17,059
25,16,059
27,57,820
9.6%
of which:
Corporation Tax
4,57,719
5,47,000
6,35,000
7,20,000
13.4%
Taxes on Income
4,87,144
5,61,000
6,15,000
7,00,000
13.8%
Goods and Services Tax
5,48,778
6,30,000
6,75,000
7,80,000
15.6%
Customs
1,34,750
1,36,000
1,89,000
2,13,000
12.7%
Union Excise Duties
3,91,749
3,35,000
3,94,000
3,35,000
-15.0%
Service Tax
1,615
1,000
1,000
2,000
100.0%
A. Centre's Net Tax Revenue
14,26,287
15,45,397
17,65,145
19,34,771
9.6%
Devolution to States
5,94,997
6,65,563
7,44,785
8,16,649
9.6%
B. Non Tax Revenue
2,07,633
2,43,028
3,13,791
2,69,651
-14.1%
of which:
Interest Receipts
17,113
11,541
20,894
18,000
-13.9%
Dividend and Profits
96,877
1,03,538
1,47,353
1,13,948
-22.7%
Other Non-Tax Revenue
93,641
1,27,948
1,45,544
1,37,703
-5.4%
C. Capital Receipts (excl. borrowings)
57,626
1,88,000
99,975
79,291
-20.7%
of which:
Disinvestment
37,897
1,75,000
78,000
65,000
-16.7%
Receipts (without borrowings) (A+B+C)
16,91,546
19,76,425
21,78,911
22,83,713
4.8%
Borrowings
18,18,291
15,06,812
15,91,089
16,61,196
4.4%
Total Receipts (including borrowings)
35,09,836
34,83,236
37,70,000
39,44,909
4.6%
Sources: Receipts Budget, Union Budget Documents 2022-23; PRS.
-
Indirect taxes: The total indirect tax collections are estimated to be Rs 13,30,000 crore in 2022-23. Of this, the
government has estimated to raise Rs 7,80,000 crore from GST. Out of the total tax collections under GST, 85% is expected to come from central GST (Rs 6,60,000 crore), and 15% (Rs 1,20,000 crore) from the GST compensation cess.
-
Corporation tax: The collections from taxes on companies are expected to increase by 13% in 2022-23 to Rs 7,20,000
crore. The revised estimates of 2021-22 indicate an increase in corporate tax collections to Rs 6,35,000 crore from Rs 5,47,000 crore at the budget estimate stage.
-
Income tax: The collections from income tax are expected to increase by 14% in 2022-23 to Rs 7,00,000 crore.
According to the revised estimate for 2021-22, income tax collection will be of Rs 6,15,000 which is 9.6% higher than Rs 5,61,000 at the budget estimate stage.
-
Non-tax receipts: Non-tax revenue consists of interest receipts on loans given by the centre, dividends and profits, external
grants, and receipts from general, economic, and social services, among others. In 2022-23, non-tax revenue is expected to decrease by 14% over the revised estimates of 2021-22 to Rs 2,69,651 crore. This is due to a decline of 14% in interest
receipts and a decline of 23% in dividend and profits.
-
Disinvestment target: The disinvestment target for 2022-23 is Rs 65,000 crore. This is 17% lower than the revised estimate
of 2021-22 (Rs 78,000 crore).
## Expenditure Highlights For 2022-23
-
Total expenditure in 2022-23 is expected to be Rs 39,44,909 crore, which is an increase of 4.6% over than the revised
estimate of 2021-22. Out of this, (i) Rs 11,81,084 crore is proposed to be spent on central sector schemes (1.2% decrease over the revised estimate of 2021-22), and (ii) Rs 4,42,781 crore is proposed to be spent on centrally sponsored schemes (a 6.6% increase over the revised estimate of 2021-22).
-
The government has estimated to spend Rs 2,07,132 crore on pension in 2022-23, which is 4.1% higher than the
revised estimate of 2021-22. In addition, expenditure on interest payment in 2022-23 is estimated to be Rs 9,40,651 crore, which is 23.8% of the government's expenditure.
% change (RE 2021-
Actuals
2020-21
Budgeted
2021-22
Revised
2021-22
Budgeted
2022-23
22 to BE 2022-23)
Central Expenditure
27,49,541
26,72,604
29,17,249
30,06,111
3.0%
Establishment Expenditure of Centre
5,94,449
6,09,014
7,00,541
6,92,214
-1.2%
Central Sector Schemes
13,56,817
10,51,703
11,95,078
11,81,085
-1.2%
Other expenditure
7,98,274
10,11,887
10,21,631
11,32,813
10.9%
Grants for CSS and other transfers
7,60,295
8,10,632
8,52,751
9,38,797
10.1%
Centrally Sponsored Schemes (CSS)
3,83,976
3,81,305
4,15,351
4,42,781
6.6%
Finance Commission Grants
1,84,063
2,20,843
2,11,065
1,92,108
-9.0%
of which:
Rural Local Bodies
60,750
44,901
42,623
46,513
9.1%
Urban Local Bodies
26,710
22,114
14,614
22,908
56.8%
Grants-in-aid
22,262
35,376
35,376
36,486
3.1%
Post Devolution Revenue Deficit Grants
74,340
1,18,452
1,18,452
86,201
-27.2%
Other grants
1,92,257
2,08,484
2,26,334
3,03,908
34.3%
Total Expenditure
35,09,836
34,83,236
37,70,000
39,44,909
4.6%
Sources: Budget at a Glance, Union Budget Documents 2022-23; PRS.
Expenditure by Ministries
The ministries with the 13 highest allocations account for 53% of the estimated total expenditure in 2022-23. Of these, the Ministry of Defence has the highest allocation in 2022-23, at Rs 5,25,166 crore. It accounts for 13.3% of the total budgeted expenditure of the central government. Other Ministries with high allocation include: (i) Consumer Affairs, Food and Public Distribution, (ii) Road Transport and Highways, and (iii) Home Affairs. Table 4 shows the expenditure on Ministries with the 13 highest allocations for 2022-23 and the changes in allocation as compared to the revised estimate of 2021-22.
% change
Actuals
2020-21
Budgeted
2021-22
Revised
2021-22
Budgeted
2022-23
(RE 2021-22 to BE 2022-23)
Defence
4,85,681
4,78,196
5,02,884
5,25,166
4.4%
Consumer Affairs, Food and Public Distribution
5,66,797
2,56,948
3,04,454
2,17,684
-28.5%
Road Transport and Highways
99,159
1,18,101
1,31,149
1,99,108
51.8%
Home Affairs
1,44,258
1,66,547
1,73,083
1,85,776
7.3%
Railways
1,12,159
1,10,055
1,20,056
1,40,367
16.9%
Rural Development
1,97,593
1,33,690
1,55,043
1,38,204
-10.9%
Agriculture and Farmers' Welfare
1,15,827
1,31,531
1,26,808
1,32,514
4.5%
Chemicals and Fertilisers
1,29,510
80,715
1,41,735
1,07,715
-24.0%
Communications
60,903
75,265
54,517
1,05,407
93.3%
Education
84,219
93,224
88,002
1,04,278
18.5%
Health and Family Welfare
80,694
73,932
86,001
86,201
0.2%
Jal Shakti
23,199
69,053
69,046
86,189
24.8%
Housing and Urban Affairs
46,701
54,581
73,850
76,549
3.7%
Other Ministries
13,63,136
16,41,398
17,43,372
18,39,751
5.5%
Total Expenditure
35,09,836
34,83,236
37,70,000
39,44,909
4.6%
Sources: Expenditure Budget, Union Budget 2022-23; PRS.
-
Communications: Allocation to the Ministry of Communications is estimated to increase by Rs 50,890 crore (93%) in
2022-23, over the revised estimate of 2021-22. This is mainly on account of capital infusion of Rs 44,720 crore in BSNL.
-
Road Transport and Highways: Allocation to the Ministry of Road Transport and Highways is estimated to increase by
Rs 67,959 crore (52%) in 2022-23, over the revised estimate of 2021-22. This is mainly on account of an increase in
investment in National Highway Authority of India (Rs 1,34,015 crore in 2022-23 as compared to Rs 65,060 crore in 2021-22).
-
In 2021-22, transfer to states as support for COVID-19 vaccines was Rs 39,000 crore, higher than the budget estimate of Rs 35,000 crore. Allocation for 2022-23 is Rs 5,000 crore.
-
Allocation towards the Ministries of Consumer Affairs, Food and Public Distribution, and Chemicals and Fertilisers have decreased mainly on account of a reduction in food subsidy and fertiliser subsidy, respectively. We discuss the
expenditure on subsidies below.
## Expenditure On Subsidies
In 2022-23, the total expenditure on subsidies is estimated to be Rs 3,55,639 crore, a decrease of 27.1% from the revised estimate of 2021-22 (Table 5).
-
Food subsidy: Allocation to food subsidy is estimated at Rs 2,06,831 crore in 2022-23, a 27.8% decrease over the
revised estimate of 2021-22. A higher level of food subsidy was budgeted in 2020-21 and 2021-22 mainly on account of: (i) Pradhan Mantri Garib Kalyan Ann Yojana, which provides for free foodgrains to poor to mitigate the impact of COVID-19, and (ii) clearing loans of Food Corporation of India.
-
Fertiliser subsidy: Expenditure on fertiliser subsidy is estimated at Rs 1,05,222 crore in 2022-23. This is a decrease of
Rs 34,900 crore from the revised estimate of 2021-22. Fertiliser subsidy for 2021-22 was increased substantially under the supplementary demands in December 2021. This was in response to a sharp increase in international prices of raw materials used in the manufacturing of fertilisers.
-
Petroleum subsidy: Petroleum subsidy consists of subsidy for LPG and Kerosene. No kerosone subsidy has been
budgeted for either 2021-22 or 2022-23. Expenditure on LPG subsidy is estimated to decrease by 10.8% to Rs 5,813 crore in 2022-23.
-
Other subsidies: Expenditure on other subsidies includes interest subsidies for various government schemes, subsidies
for the price support scheme for agricultural produce, and assistance to state agencies for procurement, among others. In 2022-23, the expenditure on these other subsidies is estimated to decrease by 31% over the revised estimate of 2021-22.
| Budgeted | Budgeted | % change |
|--------------------|-------------|----------------------------|
| | | |
| Actuals | | |
| 2020-21 | 2021-22 | |
| Revised | | |
| 2021-22 | 2022-23 | (RE 2021-22 to BE 2022-23) |
| Food subsidy | 5,41,330 | 2,42,836 |
| Fertiliser subsidy | 1,27,922 | 79,530 |
| Petroleum subsidy | 38,455 | 14,073 |
| Other subsidies | 50,459 | 33,460 |
| Total | 7,58,165 | 3,69,899 |
Sources: Expenditure Profile, Union Budget 2022-23; PRS.
## Expenditure On Major Schemes
% change (RE 2021-
Actuals
2020-21
Budgeted
2021-22
Revised
2021-22
Budgeted
2022-23
22 to BE 2022-23)
MGNREGS
1,11,170
73,000
98,000
73,000
-25.5%
PM-KISAN
60,990
65,000
67,500
68,000
0.7%
Jal Jeevan Mission/National Rural Drinking Water Mission
10,998
50,011
45,011
60,000
33.3%
Pradhan Mantri Awas Yojana
40,260
27,500
47,390
48,000
1.3%
National Education Mission
28,088
34,300
30,796
39,553
28.4%
National Health Mission
37,478
37,130
34,947
37,800
8.2%
Saksham Anganwadi and POSHAN 2.0*
-
20,105
20,000
20,263
1.3%
Modified Interest Subvention Scheme*
-
-
-
19,500
-
Pradhan Mantri Gram Sadak Yojana
13,688
15,000
14,000
19,000
35.7%
Pradhan Mantri Fasal Bima Yojana
14,161
16,000
15,989
15,500
-3.1%
National Livelihood Mission-Ajeevika
10,025
14,473
12,505
14,236
13.8%
AMRUT and Smart Cities Mission
9,754
13,750
13,900
14,100
1.4%
Pradhan Mantri Krishi Sinchai Yojana
7,877
11,588
12,706
12,954
2.0%
Rashtriya Krishi Vikas Yojana
-
-
-
10,433
-
PM-POSHAN*
-
-
-
10,234
-
Note: * Saksham Anganwadi and POSHAN 2.0 replaced certain components of the umbrella ICDS scheme. The Modified Interest Subvention Scheme replaced the scheme for interest subsidy for short term credit to farmers (allocation towards this scheme is Rs 18,142 crore in 2021-22 at the revised stage). PM-POSHAN scheme replaced the Mid-Day Meal Scheme. In 2021-22, the Mid-day Meal Scheme has been allocated Rs 10,234 crore at the revised stage.
-
Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) has the highest allocation in 2022-23 at Rs 73,000 crore. This is a decrease of 25.5% over the revised estimate of 2021-22. In 2021-22, allocation to the scheme has increased by 34.2% from Rs 73,000 crore at the budget stage to Rs 98,000 crore at the revised stage, to mitigate the
impact of second wave of COVID-19.
-
The PM-KISAN scheme (income support to farmers) has the second highest allocation in 2022-23 at Rs 68,000 crore.
Allocation to the scheme has seen a marginal increase of 0.7% over the revised estimate of 2021-22.
-
Key schemes with the comparatively higher increase in allocation in 2022-23 include: (i) Pradhan Mantri Gram Sadak Yojana (35.7%), (ii) Jal Jeevan Mission (33.3%), and (iii) National Education Mission (28.4%).
## Expenditure On Scheduled Caste And Scheduled Tribe Sub-Plans And Schemes For Welfare Of Women, Children And Ner
Table 7: Allocations for women, children, SCs, STs and NER (Rs crore)
% change
Actuals
2020-21
Revised
2021-22
Budgeted
2022-23
(RE 2021-22 to
BE 2022-23)
Welfare of Women
1,52,099
1,66,183
1,71,006
2.9%
-
Programmes for the welfare of women and children have been allocated Rs 2,63,743 crore in 2022-23, an increase of 7.1% over the revised estimate of 2021- 22. These allocations include programmes under all the ministries.
| Welfare of Children | 77,482 | 80,003 | 92,737 | 15.9% |
|----------------------------------------------------------|-----------|-----------|-----------|----------|
| Scheduled Castes | 71,811 | 1,39,956 | 1,42,342 | 1.7% |
| Scheduled Tribes | 49,433 | 87,473 | 89,265 | 2.0% |
| North Eastern Region (NER) | - | 68,440 | 76,040 | 11.1% |
| Sources: Expenditure Profile, Union Budget 2022-23; PRS. | | | | |
| | | | | |
-
The allocation towards scheduled castes and scheduled tribes in 2022-23 is estimated to increase by 1.7% and 2%, respectively. The allocation towards North Eastern Region is estimated to increase by 11.1% in 2022-23 over the revised estimates of 2021-22.
## Fiscal Responsibility And Budget Management Targets
The Fiscal Responsibility and Budget Management (FRBM) Act, 2003 requires the central government to progressively reduce its outstanding debt, revenue deficit and fiscal deficit. The central government gives three year rolling targets for these indicators when it presents the Union Budget each year. Note that the Medium Term Fiscal Policy Statement in both 2021-22 and 2022-23 did not provide rolling targets for budget deficits. In the Budget speech, the finance minister noted that the government aims to reduce fiscal deficit to below 4.5% of GDP by 2025-26.
Actuals
2020-21
Revised
2021-22
Budgeted
2022-23
Fiscal deficit is an indicator of borrowings by the government for financing its expenditure. The estimated fiscal deficit for 2022-23 is 6.4% of GDP.
| Fiscal Deficit | 9.2% | 6.9% | 6.4% |
|-------------------|---------|---------|---------|
| Revenue Deficit | 7.3% | 4.7% | 3.8% |
| Primary Deficit | 5.8% | 3.3% | 2.8% |
Revenue deficit is the excess of revenue expenditure over revenue receipts. Such a deficit implies the government's need to borrow funds to meet expenses which may not provide future returns. The estimated revenue deficit for 2022-23 is 3.8% of GDP.
Sources: Medium Term Fiscal Policy Statement, Union Budget 2022-23; PRS.
In 2021-22, the government had set a budget estimate of 6.8% of GDP for fiscal deficit, and 5.1% of GDP for revenue deficit.
As per the revised estimates, the fiscal deficit is expected to marginally exceed the budget estimate to 6.9% while revenue deficit is estimated to be lower at 4.7%.
Primary deficit is the difference between fiscal deficit and interest payments. It is estimated to be 2.8% of GDP in 2022-23.
Fiscal Deficit: Budgeted vs Actual (% of GDP)
Revenue Deficit: Budgeted vs Actual (% of GDP)
Note: Data for 2021-22 is revised estimate. Sources: Budget at a Glance, Union Budget (multiple years); PRS.
Note: Data for 2021-22 are revised estimate and for 2022-23 are budget estimate. Sources: Economic Survey 2021-22, Union budget documents 2022-23; PRS.
-
Outstanding Liabilities: From 2012-13 onwards, the central government's outstanding liabilities declined from 51% of
GDP to 48% of GDP in 2018-19. It increased to 61% of GDP in 2020-21. This is estimated to decrease marginally to 60% of GDP in 2022-23.
-
Outstanding liabilities is the accumulation of borrowings over the years. A higher debt implies that the government has a higher loan repayment obligation over the years.
-
The interest payments as a percentage of revenue receipts have increased from 36% in 2011-12 to 42% in 2020-21. As per the budget estimates, this figure is expected to increase further to 43% in 2022-23.
DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research ("PRS"). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it. |
65c43cfe57bc56710706827e | budget_reports |
## Demand For Grants 2022-23 Analysis Health And Family Welfare
In the last two years, the COVID-19 pandemic and its aftermath has highlighted the importance of a robust public health system. In India, states have the primary responsibility of managing the public health system. The Ministry of Health and Family Welfare sets the overall policy and regulatory framework of the health sector. It also implements the National Health Mission and various other schemes which deal with all levels of healthcare systems in the country. Last year, one of the focus areas in the union budget was health and well-being. This translated into announcement of the PM AtmaNirbhar Swasth Bharat Yojana which seeks to improve healthcare systems at the primary, secondary and tertiary levels; allocating Rs 35,000 crore towards the COVID-19 vaccination programme; and allocating additional grants to states for health, water and sanitation. While these programmes and schemes have helped in improving the status of the public health system in the country, there is still a long way to go. India's overall investment in its public health system is one of the lowest in the world. The physical infrastructure of health systems is still fairly poor, especially in rural areas. There is shortage of human resources (both doctors and support staff). People continue paying high amounts out of their own pocket implying that access to public health care, quality of public health care and overall insurance coverage needs to improve. The National Health Profile (2020) recognises that health financing is one the key ways to achieve universal health coverage, which is one of the goals under the National Health Policy, 2017.1 Appropriate health financing will also help ensure adequate funds for health care, provide equitable access to all population groups and reduce barriers to utilise health services. In this note we examine the trends in the financial allocation towards the Ministry of Health and Family Welfare, issues with health financing and key issues with the health sector.
## Overview Of Finances
In 2022-23, the Ministry of Health and Family Welfare has been allocated Rs 86,201 crore.2 This is a marginal 0.2% increase over the revised estimates of
2021-22. The Department of Health and Family Welfare accounts for 96% of the Ministry's allocation at Rs 83,000 crore, while the Department of Health Research has been allocated Rs 3,201 crore (4% of the allocation).
Tel: (011) 43434035, 23234801 www.prsindia.org
## Highlights Of The Budget Speech 2022-23
An open platform will be rolled out for the National Digital Health Ecosystem. It will consist of digital registries of health providers and health facilities, unique health identity, consent framework, and universal access to health facilities.
To improve access to quality mental health counselling and
care services, a 'National Tele Mental Health Programme' will
be launched. This will include a network of 23 tele-mental
health centres of excellence, with NIMHANS as the nodal
centre and International Institute of Information Technology,
Bangalore providing technology support.
The Department of Health and Family Welfare is
broadly responsible for: (i) implementing health
schemes, and (ii) regulating medical education and
training. The Department of Health Research is
broadly responsible for conducting medical research.
Health and Family Welfare (in Rs crore)
| 2021-22 | 2022-23 |
|---------------|------------|
| % Change (RE | |
| 2021-22 to BE | Item |
| 2020-21 | |
| Actuals | RE |
| 2022-23) | |
| 77,569 | 82,921 |
| Health & | |
| Family | |
| Welfare | |
| Health | |
| Research | |
| 3,125 | 3,080 |
| Total | 80,694 |
Note: BE - Budget Estimate; RE - Revised Estimates. Sources: Demand Number 46 and 47, Expenditure Budget 2022-23; PRS.
COVID-19 related expenditure: In 2022-23, the only COVID-19 specific allocation under this Ministry is Rs 226 crore allocated towards the Insurance Scheme for Health Care Workers fighting COVID-19. In addition, the Ministry of Finance has allocated Rs 5,000 crore towards COVID-19 vaccination. As per the revised estimates of 2021-22, the Ministry of Health and Family Welfare has allocated Rs 16,545 crore towards COVID-19 related expenditure. This includes Rs 14,567 crore allocated towards the second phase of the COVID-19 Emergency Response and Health System Preparedness Package, and Rs 1,165 crore towards phase I (includes Rs 526 crore allocated to the Indian Council of Medical Research (ICMR) for procurement of testing kits, equipment). In 2021-22, the Ministry of Finance had estimated expenditure of Rs 35,000 crore towards COVID-19 vaccination. As per the revised estimates of 2021-22, this amount is estimated to increase to Rs 39,000 crore.
In 2020-21 (actuals), the Ministry spent Rs 11,941
crore on COVID-19 which includes expenditure towards the Emergency Response and Health System Preparedness Package (Rs 10,529 crore), allocation to ICMR (Rs 1,275 crore), and vaccination for healthcare workers and frontline workers (Rs 137 crore). Table 2
details the main heads of expenditure under the Ministry allocated for the year 2022-23.
| 2021-22 | 2022-23 |
|------------------|-------------|
| % Change (RE | |
| 2021-22 to BE | Major Heads |
| 2020-21 | |
| Actuals | RE |
| 2022-23) | |
| National Health | |
| Mission (total) | |
| 37,080 | 34,447 |
| 12,197 | 13,979 |
| AIIMS, ICMR, | |
| CGHS and other | |
| autonomous and | |
| statutory bodies | |
| PMSSY | 6,840 |
| PMJAY | 2,681 |
| PM ABHIM | |
| 2,815 | 2,350 |
| National AIDS & | |
| STD Control | |
| Programme | |
| Family Welfare | |
| Schemes | |
| 462 | 306 |
| COVID-19 | 11,941 |
| Others | 6,679 |
| Total | 80,694 |
Note: Expenditure on COVID includes allocation towards both phases of COVID-19 emergency response, vaccination of healthcare and frontline workers, insurance for healthcare workers, and procurement of COVID-19 testing kits; BE - Budget Estimate; RE - Revised Estimates; AIIMS - All India Institute of Medical Sciences (New Delhi); ICMR - Indian Council of Medical Research; CGHS - Medical Treatment of CGHS Pensioners; PMJAY - Pradhan Mantri Jan Arogya Yojana; PMSSY - Pradhan Mantri Swasthya Suraksha Yojana; PM ABHIM - Pradhan Mantri Ayushman Bharat Health Infrastructure Mission. Sources: Expenditure Budget 2022-23; PRS.
## Issues To Consider Investment In Public Health Has Been Low
India's public health expenditure (centre and states) was 1.8% of the GDP in 2020-21.3 This is higher than the trend in the last decade when public health expenditure as percentage of GDP was between 1.1% - 1.5%.4,5 However, this allocation is much lower as compared to other countries.4,6,7,8 The Economic Survey 2020-21 observed that India ranks 179th among 189 countries in prioritising healthcare in the government budget.4 The National Health Policy, 2017 aims to increase public health expenditure to 2.5% of the GDP by 2025.1 The National Health Policy, 2017 noted that while general taxation would remain the largest means for financing health care, the government could consider imposing taxes on specific commodities such as tobacco, alcohol and foods having negative impact on health, and also levy taxes on extractive industries and pollution cess.1 In 2018-19, the central government announced a 4% Health and Education Cess in place of the 3% Education Cess on Income Tax and Corporation Tax, to cater to the education and health needs of the poor and rural families.9 In 2022-23, Rs 53,846 crore is estimated to be collected through the health and education cess, which is an 14% increase over the amount collected in 2021-22 (RE).10 In 2020-21, the central government introduced a 5% health cess which is imposed as customs duty on certain medical equipment.11 This was to be utilised for financing health infrastructure and services in aspirational districts. In 2022-23, Rs 870 crore is estimated to be collected under this health cess (customs), which is a 12% increase over the amount collected in 2021-22 (RE).10 The 15th Finance Commission noted that the health sector faces multiple challenges such as low investment, inter-regional disparities especially in nutrition levels and hunger, shortage of doctors, paramedics, hospitals, and inadequate numbers of primary healthcare centres.12 It recommended unconditional grants amounting to one lakh crore rupees for the health sector (for the time period 2021- 26). In addition, it suggested that by 2022, states should spend more than 8% of their budget on health. In 2021-22, as per budget estimates, states have allocated only 6% of their budget towards health.
## Allocation Towards The Department Of Health And Family Welfare Has Been Low Despite High Utilisation
Between 2006 and 2022, the allocation to the Department of Health and Family Welfare has increased at a CAGR of 13%. (Compound Annual Growth Rate (CAGR) is the annual growth rate over a certain period of time.) Over the past few years, the Standing Committee on Health and Family Welfare has noted that the allocation towards the Department has been lower than the amount sought by the Department. This is despite budget utilisation being 100% or higher (post 2015-16). In 2020-21, the Department spent Rs 77,569 crore which was 19% more than what was estimated at the budget stage. In 2021-22 also, the Department is expected to exceed the budget estimate by 16%.
Note: For 2021-22, % change in allocation is 2021-22 RE over
2021-22 BE; BE - Budget Estimate; RE - Revised Estimate.
## Primary Healthcare Is Lacking And Requires More Investment
Depending on the level of care required, healthcare in India is broadly classified into three types: primary care (provided at primary health centres), secondary care (provided at district hospitals), and tertiary care institutions (provided at specialised hospitals like AIIMS). Primary health care infrastructure provides the first level of contact between health professionals and the population.13 Based on the population served and the type of services provided, primary health infrastructure in rural areas consists of a three-tier system. This includes Sub-Centres (SCs), Primary Health Centres (PHCs), and Community Health Centres (CHCs).14 Primary healthcare systems are managed and administered by states (since public health is a state subject). The Ministry provides states with technical and financial assistance to help improve their public healthcare delivery systems. In the union budget 2017-18, it was announced that 1.5 lakh SCs and PHCs will be transformed into Health and Wellness Centres (HWCs) by December, 2022.15
Primary healthcare system: As on March 31, 2020,
1,55,404 SCs, 24,918 PHCs and 5,183 CHCs were functioning in rural areas.16 In urban areas, there were 2,517 SCs, 5,895 PHCs, and 466 CHCs.16
Ayushman Bharat- Health and Wellness Centres Scheme (AB-HWC): HWCs provide a range of services beyond maternal and child healthcare services. These include: (i) care for non - communicable diseases, (ii) rehabilitative care, (iii) mental health services, (iv) first level care for emergencies and trauma, and (v) free essential drugs and diagnostic services.17 As on February 6, 2022, 90,030 HWCs were operational across the country.18 Note that the target is to create 1.5 lakh HWCs by December 2022. The number and distribution of SCs, PHCs and CHCs in rural areas is based on population norms. However, the Standing Committee on Health (2021) had noted that there are shortfalls of 23% in SCs, 28% in PHCs, and 37% in CHCs.19 The 15th Finance Commission also noted that there are critical gaps with respect to sub centres, PHCs, CHCs and wellness centres in some states.20 It noted that as of March 31, 2020, 885 PHCs and 33,886 SCs did not have the necessary infrastructure to meet the targets of the National Health Policy, 2017.12
As per the Rural Health Statistics 2019, SCs, PHCs, and CHCs still do not meet the required coverage targets (see Table 3).
| Norm | | Average rural | Health |
|--------------------------------------------|-------------------|--------------------|-----------|
| Facility | | population covered | |
| SC | 300 - 5,000 | 5,729 | |
| PHC | 20,000 - 30,000 | 35,730 | |
| CHC | 80,000 - 1,20,000 | 1,71,779 | |
| Source: Rural Health Statistics 2019; PRS. | | | |
The Standing Committee on Health (2021) also noted that inadequate primary health infrastructure in several areas and absence of an organised primary healthcare system in urban areas were some of the issues that led to poor management of the COVID-19 outbreak.21 The 15th Finance Commission observed that prevention and early management of health problems can reduce the need for complicated specialist care provided at the tertiary level.12 It recommended that the focus of healthcare provision in the country should be towards providing primary healthcare. The 15th Finance Commission noted that India is estimated to have 1.4 hospital beds per 1,000 people, which is half the global average of 2.9 beds (World Bank estimate in 2017).22 Over 60% of these beds are in the private sector.12 In comparison, China has over four beds per 1,000 people, Sri Lanka, the United Kingdom and the United States all have around three beds per 1,000 people, while Thailand and Brazil have more than two beds per 1,000 persons.12 The National Health Policy, 2017 aims to increase the availability to two beds per 1,000 people. This could be achieved by creating 3,000 to 5,000 hospitals with 200 beds each by 2025.12
National Health Mission: The National Health Mission (NHM) provides states with financial assistance towards interventions focused on strengthening primary and secondary healthcare. It comprises of a rural sub mission, the National Rural Health Mission (NRHM) and an urban sub-mission, National Urban Health Mission (NUHM). Key program components of the NHM include health system strengthening in rural and urban areas, Reproductive-Maternal- Neonatal-Child and Adolescent Health (RMNCH+A), and Communicable and Non-Communicable Diseases. States have the flexibility to plan and implement state specific action plans within these broad national parameters and priorities. They are provided with technical and
financial assistance based on these plans, subject to availability of resources. In 2022-23, NHM has been allocated Rs 37,000 crore. Of this, Rs 22,317 crore has been allocated towards the Flexible Pool for RCH and Health System Strengthening, National Health programme and NUHM. Rs 6,343 crore has been allocated towards infrastructure maintenance. The allocation for NHM in 2022-23 is 7.4% higher than the revised estimates of 2021-22.
Pradhan Mantri Ayushman Bharat Health Infrastructure Mission (PM ABHIM): PM ABHIM
was launched in October 2021 (renaming the Prime Minister Atmanirbhar Swasth Bharat Yojana that was announced in Budget 2021).23 It is a Centrally Sponsored Scheme (with some Central Sector component) spread over five years from 2021-22 to 2025-26. The Mission focuses on developing capacities of health systems and institutions across primary, secondary and tertiary healthcare levels, to prepare health systems in responding effectively to the current and future pandemics. One of the components seeks to enable early detection of diseases through HWCs. These HWCs will also provide medical consultation, test facilities and medicine free of cost. Further, 35,000 new critical care beds will be added in 600 districts, and referral facilities (transferring patients from one health care facility to other) will be provided in 125 districts. Under the second component, integrated public health laboratories will be created in 730 districts. Block level public health units will be created in 3,000 blocks. The network for diagnostic facilities will be strengthened by using five regional national centres for disease control, 20 metropolitan units, and 15 biosafety level labs. The Mission has been allocated Rs 5,846 crore in
2022-23. In 2021-22 (RE), the Mission was allocated Rs 1,040 crore.
## Poor Investment In Primary Health Care
Allocation towards NHM and PM ABHIM form just about half of the Ministry's budget. The National Health Policy, 2017 suggests allocating up to twothirds or more of the budget to primary care, followed by secondary and tertiary care. The 15th Finance Commission also recommended that by 2022, twothirds of the total health expenditure should be on primary healthcare. Low investment in public health impacts the ability of the government to invest in primary health infrastructure, in increasing the human resources available, and ensuring that all citizens have access to basic health care. It has also resulted in citizens preferring to use private health facilities over government ones, and spending more from their pocket on basic health care.
As per the 75th NSS survey (July 2017 and June
2018), about 33% ailments in rural areas and 26% in urban areas were treated in government hospitals.24 The remaining were treated in private hospitals (21% in rural, 27% in urban), or by private doctors/clinics
(41% in rural, 44% in urban), and the rest with informal health care providers and charitable hospitals.24 This is despite higher average expense for treatment (without hospitalisation) in private hospitals (Rs 1,062) as compared to government hospitals (Rs 331).25 The 15th Finance Commission noted that private health care in India is expensive, and also lacks trained and skilled manpower. The 15th Finance Commission has recommended grants of Rs 70,051 crore, over the period of five years (2021-2026) through local governments, for strengthening the primary healthcare system. These grants will provide for: (i) conversion of rural SCs and PHCs to HWCs, (ii) support for diagnostic infrastructure for primary healthcare activities, and (iii) support for urban HWCs, SCs, PHCs, and public health units at the block level. The Commission also recommended that centrally sponsored schemes (CSS) in health should be flexible enough to allow states to adapt and innovate, and the focus of these schemes should shift from inputs to outcome. It also recommended strengthening local governments in terms of resources, health infrastructure and capacity building which would enable them to play an enhanced role in health care delivery, including in crisis times.
## Out-Of-Pocket Spending By Individuals Is High
Poor public spending, and poor public health infrastructure has led to individuals spending higher amounts on healthcare services. Out-of-pocket expenditure is the payment made directly by individuals at the point of service where the entire cost of the health service is not covered under any financial protection scheme. The Economic Survey 2020-21 noted that in India out-of-pocket expenditure by households is one of the highest in the world.4 According to the National Health Accounts estimates, in 2017-18, out-of-pocket expenditure on health as a percentage of total health expenditure in the country was 48.8%.26 This has reduced from 69.4% in 2004- 05.26 In several cases, this expenditure is paid out through borrowings. As per the NSS Survey on Health in India (2018), in rural areas, 13.4% of the hospitalisation cases were financed by individuals through borrowings. In urban areas, this share was at 8.5%.27 Between 3-4% people in both rural and urban areas required support from friends and relatives.27 In 2017-18, private sector health expenditure was 5.8% of the total health expenditure. Government health expenditure (both centre and states) including capital expenditure was 40.8 % of the total health expenditure.
The Ministry introduced the Ayushman Bharat -
Pradhan Mantri Jan Arogya Yojana (PMJAY) to provide health insurance coverage to poor and vulnerable families, for accessing secondary and tertiary healthcare services through empanelled public and private healthcare facilities.28 While PMJAY
provides coverage for secondary and tertiary levels of healthcare. Of the health expenditure in 2017-18, 47% was towards primary care, 34% towards secondary care, and 14% towards tertiary care (the remaining is towards governance and supervision).26 The 15th Finance Commission noted that about 60 million Indians are pushed into poverty each year due to out-of-pocket payments for health. This implies that health insurance or any kind of financial protection measures must cover expenses at all levels of healthcare. The Economic Survey 2020-21 noted that increasing government spending on public health from 1% of the GDP to 2.5-3% of GDP will help in reducing out-of-pocket expenditure from 60% to 30%.3,4 It also noted that Indian states that have higher per capita spending on health have lower outof-pocket expenditure, which is also true at global level.
## Insurance Schemes To Help Reduce Out Of Pocket Spending
Under PMJAY, insurance cover up to five lakh rupees per family per annum is provided to around 10.74 crore poor and vulnerable families, whose eligibility is determined as per the Socio-Economic Caste Census (2011).28 The insured families can access secondary and tertiary healthcare services through empanelled public and private facilities. The scheme subsumed two centrally sponsored schemes, namely, Rashtriya Swasthya Bima Yojana (RSBY) and the Senior Citizen Health Insurance Scheme. The scheme provides coverage for 1,573 procedures, and pre and post-hospitalisation expenses as well.
Allocation: In 2022-23, PMJAY has been allocated Rs 6,412 crore, which is double the revised estimates of 2021-22 (Rs 3,199 crore). Experts have noted that this amount may be low considering the expenditure required on PMJAY. A study by the 15th Finance Commission on Ayushman Bharat (2019) estimated the demand and expenditure on PMJAY for the next five years.20 It stated that the total costs (centre and states) of PMJAY for 2019 could range from Rs 28,000 crore to Rs 74,000 crore. This estimate considers: (i) the assumption that all targeted beneficiaries will be covered (approximately 50 crore people), (ii) hospitalisation rates over time, and (iii) average expenditure on hospitalisation. These costs could go up to between Rs 66,000 crore and Rs 1,60,089 crore in 2023 (accounting for inflation).
Implementation: The Economic Survey 2020-21
noted that PMJAY enhanced health insurance coverage. The proportion of health insured households increased by 54% in states that implemented PMJAY and decreased by 10% for states which did not implement it.4 However, utilisation of the amount allocated to the scheme has also been poor. While 83% of budget allocation was utilised in 2018-19, the utilisation decreased to 50% in 2019-20, and to 42% in 2020-21. In 2021-22, the allocation towards the scheme has been halved at the revised stage. This could imply gaps in implementation of the scheme.
Table 4: Status of implementation of PMJAY (April 1, 2021 to November 28, 2021)
Indicators
All India
Total footfalls
82.6 crore*
Ayushman cards issued
17.2 crore
Funds disbursed to states/UTs for implementation
Rs 2,544 crore
Total hospital admissions authorised
74.7 lakh
Rs 2,450 crore*
Claims paid towards authorised hospital admissions (COVID-19 and Non- COVID-19 treatment) Claims paid for authorised hospital admissions for COVID-19 treatment
Rs 1,056 crore*
Health and Wellness Centres
90,030*
Note: *As on February 6, 2022. Sources: Lok Sabha Starred Question No. 95, Ministry of Health and Family Welfare, answered on December 3, 2021; HWC Portal, Ayushman Bharat; PRS.
The Standing Committee on Health and Family Welfare (2020) noted that PMJAY faces various implementation challenges.29 One of the key issues is identification of beneficiaries. The scheme allows only those persons to avail insurance who have been included in the SECC 2011. This database is more than a decade old and hence may not capture the entire population in need of such insurance. The Standing Committee on Health (2021) had recommended that the Ministry should expand the list of beneficiaries under PMJAY.19 The Committee (2021) also noted that the utilisation of PMJAY was also adversely impacted due to COVID-19. Note that, the Standing Committee on Health (2018) and a study report of the 15th Finance Commission (2019) had noted that PMJAY is just an extension of RSBY which provided for coverage of up to Rs 30,000 per family per annum.20,30 Hence, to ensure proper implementation of the scheme, an analysis of the failures and inadequacies of RSBY should be done. This would look at whether: (i) RSBY covered all potential beneficiaries, (ii) hospitalisation rates increased under the scheme, and (iii) insurance companies were profitable under the scheme. The key challenges identified in the implementation of RSBY include: (i) low rate of enrolment of beneficiaries, (ii) increase in out-of-pocket expenditure, and (iii) issues in empanelment of healthcare service providers.31
## Shortfall In Human Resources
The Economic Survey 2020-21 observed that the aggregate density of health workers is closer to 23 per 10,000 population, which is the lower threshold recommended by the World Health Organisation (WHO).4 This is significantly lower than the adequate density of 44.5 health workers per 10,000 population, recommended by WHO to achieve the Sustainable Development Goals (SDG) targets by 2030. As of 2019, there is one doctor per 1,511 people, which is lower than the WHO standard of one doctor per 1,000 people.12 There is one nurse per 670 people, which is lower than the WHO standard of one nurse per 300 people.12 In December 2021, in response to a question on shortage of doctors, the Minister had replied that as of November 2021, the doctor-population ratio in the country is 1:834.32 This is assuming 80% availability of registered allopathic doctors and 5.65 lakh AYUSH doctors. As on March 31, 2020, there was a 2% shortage (based on the minimum requirement as per the norms) in the sanctioned posts of female health workers/ ANMs, and a 65.5% shortage of male health workers/ ANMs (at SCs and PHCs).16 With regard to allopathic doctors at PHCs, there was a shortfall of 6.8% of the total requirement for existing infrastructure.16 Further, there were vacancies even in these sanctioned posts. Vacancies for female health workers/ ANMs were at 14.1%, for of male health workers/ ANMs at 37% (at SCs and PHCs), and for doctors at PHCs at 24.1%.16 The 15th Finance Commission noted that there is regional and state-wide disparity in the availability of doctors. It recommended that an All India Medical and Health Service must be constituted under the All- India Services Act, 1951.
Medical and Allied Healthcare education: In the last three years Parliament has passed various laws which seek to improve the regulation of medical education and profession in India. The National Medical Commission Act, 2019 sets up the NMC and replaces the Medical Council of India (MCI).33 The NMC will oversee medical education and practice in India. The National Commission for Allied and Healthcare Professions Act, 2021 seeks to regulate and standardise the education and practice of allied and healthcare professionals.34
Pradhan Mantri Swasthya Suraksha Yojana
(PMSSY): PMSSY was introduced in 2003 with the objective of: (i) correcting regional imbalances in the availability of affordable and reliable tertiary healthcare services, and (ii) augmenting facilities for quality medical education in the country.35 This included establishing institutions like AIIMS and upgrading certain state government hospitals. The scheme covers 20 new AIIMS and 71 state government hospitals.35
In 2018, the Comptroller and Auditor General (CAG)
noted that all new AIIMs overshot their completion time by almost five years.36 There were similar delays observed in the upgradation of state government hospitals. Further, it was found that the Ministry had estimated the capital cost for setting up six new AIIMS in Phase 1 to be Rs 332 crore per institute. After four years, this cost was revised to Rs 820 crore per institute, on account of shortcomings in planning and assessment of requirements. The Standing Committee on Health and Family Welfare (2017 and 2018) noted that this indicates poor assessment of time and cost which have left the allocated funds unused.30,37
Notes: Values for 2021-22 and 2022-23 are revised estimate and budget estimate respectively
Sources: Union Budget 2010-11 to 2022-23; PRS. In 2022-23, PMSSY has been allocated Rs 10,000 crore. This is an increase of 35% over the revised estimates of 2021-22 (Rs 7,400 crore). The central government also provides grants to autonomous bodies such as AIIMS, New Delhi, Post Graduate Institute of Medical Education and Research, Chandigarh, and Jawaharlal Institute of Post Graduate Medical Education and Research, Puducherry. In 2022-23, these autonomous bodies have been allocated Rs 10,022 crore, which is an increase of 14% over the revised estimates of 2021-22.
## Key Health Indicators Have Improved But Still Far From Ensuring Overall Better Health Of Citizens
While health financing as a percentage of GDP is a good metric to understand how much is a country investing in its health infrastructure, performance across certain key indicators is a reflection of how healthy the overall population is, and whether health services are accessible to all citizens. The results of National Family Health Survey-5 (NFHS-5) (2019-20) indicate several improvements in health indicators as compared to NHFS-4 (2015-16).38 These include: (i) reduction in infant mortality rate, (ii) improvement in immunisation coverage, (iii) increase in households with improved sanitation facility and clean cooking fuel, and (iv) increase in institutional births.39
Table 5: Status of some key targets of NHM
Indicator
Target (2012-20)
Latest Status
IMR
25
35 (2019-21) 113 (2016-18)
MMR
100 per 1,00,000 live births
TFR
2.1
2.0 (2019-21)
< .001
0.02 (2019)
Annual Malaria incidence Annual prevalence and mortality from Tuberculosis
Reduce by half
Incidence reduced from 300 per lakh in 1990 to 204 per lakh in 2017.
Note: IMR-Infant Mortality Rate; MMR-Maternal Mortality Rate; TFR-Total Fertility Rate. Sources: Health and Family Welfare Statistics 2019-20; Special Bulletin on maternal Mortality in India 2016-18; National Family Health Survey-5 (2019-21); Unstarred Question No.711, Ministry of Health and Family Welfare, Lok Sabha, July 23, 2021; PRS.
The Economic Survey 2020-21 noted that information asymmetry is one of the key reasons which exposes the healthcare sector to market failures. It noted that patients in India rarely know the value of information they receive in the healthcare sector. For example, in case of certain medical services such as preventive care or mental health, patients may never know about the quality of the services they received. The Survey recommended setting up a sectoral regulator (in private healthcare): (i) for supervision and regulation of the healthcare sector, and (ii) to prevent information asymmetry in the sector. Further, the Survey noted that mitigating information asymmetry in the healthcare sector will help achieve lower insurance premiums and better welfare of people.
## Health Research Is Still Lagging
In 2021-22, the Department of Health Research has been allocated Rs 3,201 crore, which is a 4% increase over the revised estimates of 2021-22, and a 2% increase over the actual expenditure in 2020-21. The Standing Committee on Health and Family Welfare (2020) noted that the allocation to Department of Health Research is low compared to the requirement of funds needed for health research.39 It recommended that at least 10% of the budget for the Ministry of Health and Family Welfare should be earmarked towards health research. However, in 2021, the Committee recommended that the allocation towards the health research should be 5% of the total expenditure of the Ministry.40 As per the budget estimates of 2022-23, allocation towards the Department of Health Research is 4% of the total allocation of the Ministry. The Standing Committee on Health and Family Welfare (November 2020) noted that the allocation to Department of Health Research was one of the lowest in 2019-20 (Rs 1,861 crore) as compared to the allocation of other departments involved in scientific research.21 The Committee reiterated its recommendations to increase the budgetary outcomes of the Department of Health Research. The Committee noted that shortfall of funds may adversely impact the establishment of new Viral Research and Diagnostic Laboratories; Multi-Disciplinary Research Units in Medical Colleges, and Model Rural Health Research Units in states. Further, the Committee noted that there is inadequate investment on public health research, as India invests only 0.65% of GDP on overall research and development activities in the country across various sectors.21 It recommended that the Ministry of Health and Family Welfare should at least increase its spending on health research to the world average of 1.72% of GDP within two years. The Standing Committee on Health and Family Welfare (2017, 2018, 2021) had noted the persistent recurring mismatch between the projected demand for funds and actual allocation to the Department of Health Research.40,41,42 The Committee (2018) also noted that the Department had reported shortfall of funds for implementation of projects and on the other hand, there was underutilisation of funds released. This mismatch between demand and allocation has led to impact in terms of restrictions in the sanctioning of new labs, providing recurring grants to the ongoing projects, and upgradation of health research infrastructure.41 This also led to repercussions in the medical research output. For example, in 2019, only 799 research papers have been published by the ICMR and 25 patents have been filed.40 Under PM ABHIM, a national institution for One Health, four new National Institutes for Virology, a Regional Research Platform for WHO South East Asia Region, nine Biosafety Level III laboratories, five new Regional National Centre for Disease Control will be set up.43 Further, Integrated Public Health Labs will be set up in all districts.
## Digital Health Ecosystem
The National Health Policy, 2017 had proposed setting up a National Digital Health Authority (NDHA) to regulate, develop and deploy digital health across the healthcare systems. The Policy suggested using digital tools extensively to improve the efficiency and outcomes of the healthcare system. It proposed an integrated health information system which serves the needs of all stake-holders and improves efficiency, transparency, and citizen experience.
Ayushman Bharat Digital Mission: The Mission was launched in September 2021.44 It seeks to create a system of personal health records and ensure national portability in provision of health services. Under the Mission, every citizen will be provided with a digital health identity. Health records of citizens will be stored digitally to avoid the loss of any health records. Citizens will have an option to give their
consent for sharing their health records with medical practitioners. In July 2021, the National Health Authority (NHA) had published a consultation paper to invite comments on the design and functionality of the Unified Health Interface (UHI).45 UHI is proposed to be a foundational layer of the National Digital Health Mission (NDHM) and is envisioned to expand interoperability of health services in India through open protocols. UHI aims at streamlining the digital health service experience by technology pathways that enable such services. The National Digital Health Mission has been allocated Rs 200 crore in 2022-23. As per the revised estimates of 2021-22, the Mission had been allocated Rs 75 crore.
## Covid-19: Financing The Additional Expenditure And Vaccination Developing Infrastructure To Manage Covid-19
In April 2020, the central government announced an investment of Rs 15,000 crore as COVID-19 Emergency Response and Health System Preparedness Package.46 The funds will be utilised over next four years for strengthening health system in the country. This includes: (i) setting up of diagnostic laboratories, (ii) strengthening existing health facilities (such as hospitals), and (iii) welfare of health workers (such as insurance for health workers). As on February 3, 2022, 3,249 operational laboratories (1,411 government, and 1,838 private) were reporting to ICMR.47 This is significantly higher than that in March 2020 (79).48 ICMR has setup 12 mentor institutes to expedite the approval process for labs applying for COVID-19 testing.49 The central government has also established an Indian SARS-
CoV-2 Genomic Surveillance Consortium (INSACOG) for genomic sequencing and tracking the evolution of variant strains of SARS-CoV-2.50 As of December 21, 2021, INSACOG has 38 Genome Sequencing Laboratories across the country.50 The Standing Committee on Home Affairs (2020) noted that there is huge disparity in the infrastructure and services in public and private hospitals.51 This includes disproportionate availability of ICU beds in both public and private hospitals. It further noted that during the pandemic the largest share of burden was on government hospitals as private hospitals are either inaccessible or unaffordable for everyone. The Committee recommended that more funds should be allocated to public hospitals to strengthen the public health infrastructure. This will help the public hospitals to prepare appropriately for such pandemics in future. The Standing Committee on Health and Family Welfare (2020) on the outbreak of pandemic COVID- 19 and its management noted that there is shortage of healthcare providers in state run hospitals.21 Further, it noted that many hospitals and medical colleges across India are functioning below the sanctioned strength of faculty and speciality Departments are non-functional due to lack of required faculty. The Committee recommended the central and state governments to fill up the vacancies at the earliest.
## Table 6: Allocation For Covid-19 Related Expenditure
| 2021-22 | 2022-23 |
|--------------------------|------------|
| Major Heads | |
| 2020-21 | |
| Actuals | RE |
| 13,079 | 1,691 |
| COVID-19 Emergency | |
| Response and Health | |
| System Preparedness | |
| Package | |
| | 14,567 |
| COVID-19 Emergency | |
| Response and Health | |
| System Preparedness | |
| Package (Phase-II) | |
| | 814 |
| PM Garib Kalyan Package | |
| - Insurance Scheme for | |
| Health Care Workers | |
| fighting COVID-19 | |
| 137 | |
| | |
| COVID-19 vaccination for | |
| healthcare workers and | |
| frontline workers | |
| Support for COVID | |
| Vaccination * | |
| | 39,000 |
Note: * Allocation under Demand No. 42 (Transfer to states) of Ministry of Finance. Sources: Demand Numbers 42, 46, 47, Expenditure Budget 2022- 23; PRS.
## Covid-19 Vaccination
Currently three vaccines are being administered in India - (i) Covishield, developed by the Serum Institute of India, (ii) Covaxin, developed by Bharat Biotech and (iii) Sputnik V, developed by Dr Reddy's Laboratories and Sputnik LLC. Covaxin was given emergency use authorisation (EUA) for children aged between 12-18 years in December 2021 and is being administered in the age group of 15-18 years since January 3, 2022.52,53,54,55 Further, priority groups who have already received two doses of vaccines will be given another precautionary dose from January 10, 2022. EUA refers to: (i) approving the use of unapproved medical products, or (ii) unapproved uses of approved medical products during public health emergencies (such as the COVID-19 pandemic).52 As of February 5, 2022, about 95 crore people had received the first dose of a vaccine, of which 73 crore people had been fully vaccinated.56 1.47 crore people have received a precautionary dose. The Drug Controller General of India (DCGI) has approved more vaccines for restricted emergency use in India. These include: (i) Moderna COVID-19 vaccine, (ii) Janssen (developed by Johnson and Johnson), (iii) ZyCov-D (developed by Zydus Cadila), (iv) Corbovax (developed by Biological E) and (v) Covovax developed by Serum Institute of India and ICMR).57,58,59,60 All these vaccines may be administered to all persons of 18 years of age and
above. ZyCov-D may be administered to all persons of 12 years of age and above.59 In December 2021, DCGI granted emergency use authorisation to an antiviral drug, Molnupiravir.
| Date | Group |
|---------------------------------------------------|---------------------------|
| January 16, | |
| 2021 | |
| Priority group including healthcare and frontline | |
| workers | |
| March 1, | |
| 2021 | |
| (i) People over the age of 60, and (ii) people | |
| older than 45 with co-morbidities* | |
| April 1, 2021 | People over the age of 45 |
| May 1, 2021 | People over the age of 18 |
| January 3, | |
| 2022 | |
| Children aged 15 to 18 years; precautionary | |
| dose for priority groups | |
Note: *Co-morbidities include heart failures, respiratory ailments, and lymphoma
Sources: Ministry of Health and Family Welfare; PRS.
Administration of vaccines: The central government constituted the National Expert Group on the COVID- 19 vaccine (NEGVAC) in August 2020 to advise on strategies to develop and distribute COVID-19 vaccine in India.62 The group is responsible for advising the government on matters such as: (i) prioritisation of population groups for vaccination, (ii) selection of vaccine candidates, (iii) inventory management and delivery, (iv) vaccine manufacturing, and (v) cold chain storage and associated infrastructure.62 For efficient and transparent administration of vaccine, the government: (i) prepared a database of healthcare and frontline workers, (ii) augmented cold chains, and (iii) procured syringes and needles.63 Further, the central government, in collaboration with state and district level authorities, developed a digital platform, COVID-19 Vaccine Information Network Co-WIN for vaccine administration and distribution.63
Production, procurement and pricing of vaccines:
In January 2021, the government began procuring vaccines from manufacturers of Covishield and Covaxin (Serum Institute of India and Bharat Biotech).64 The central government procured 50% of total vaccines to vaccinate: (i) healthcare and frontline workers, and (ii) people over the age of 45 free of cost.65 . The government allocated vaccines to states from its share, based on certain criteria (such as number of cases and wastage of vaccine). The remaining 50% of doses could be procured by state governments and the open market (25% each). In May 2021, the Ministry of Health and Family Welfare announced that 51 crore vaccine doses will be procured between May-July 2021.66 A new policy was operationalised on June 21, 2021, under which centralised procurement of vaccines was established.67 Under the revised policy, 75% of procurement is conducted by the central government, and the remaining 25% is open for the private sector (with a cap on pricing).68 Prices for procurement by the government are periodically negotiated with manufacturers. The central government provides vaccines to states free of cost. Private hospitals can charge up to Rs 150 over the price of a vaccine.67 Note that in the United States and United Kingdom all vaccines are administered free of cost.69,70
In 2021-22, the Ministry of Finance had estimated expenditure of Rs 35,000 crore towards COVID-19 vaccination. As per the revised estimates of 2021-22, this amount is estimated to increase to Rs 39,000 crore. In 2022-23, the Ministry has allocated Rs 5,000 crore towards COVID-19 vaccination. The Standing Committee on Chemicals and Fertilisers (March 2021) noted that 276 crore doses of vaccine would be required to vaccinate all adults in India.71 It estimated that this would cost approximately Rs 68,310 crore. As on December 9, 2021, the central government had incurred an expenditure of Rs 19,675 crore for procurement of COVID-19 vaccines to supply them free of cost to states/UTs.72 The Standing Committee on Health and Family Welfare (2020) noted that India lacks cold-chain storage infrastructure required for such a large vaccination programme. It recommended the Ministry of Health and Family Welfare to upgrade its coldchain storage system to facilitate easy distribution of vaccine across the country.73 It further recommended the central government to ensure development of cold storage infrastructure across the country to ensure efficient administration of vaccines.
| Name | Covishield | Covaxin |
|----------------|---------------|------------|
| Sputnik | | |
| V | | |
| 200 | 250*** | 995 |
| Price/dose for | | |
| government | | |
| procurement* | | |
| 600 | 1,200 | 948 |
| Price/dose | | |
| declared by | | |
| manufacturer | | |
| 180 | 210 | 197 |
| Price for | | |
| private | | |
| hospitals | | |
| GST and | | |
| service | | |
| charge** | | |
| Maximum | | |
| price of the | 780 | 1,410 |
| vaccine | | |
Note: *Prices established for government procurement have changed over the months, according to several news reports.74,75 The price/ dose here is based on guidelines from January 2021. ** This includes a levy of 5% GST and a service charge of up to Rs 150 that private hospitals may charge for administering vaccines. *** Note that Bharat Biotech, the manufacturer of Covaxin provided 16.5 lakh doses free of cost to the central government in January 2021. Health and Family Welfare, June 8, 2021; Press Information
## Annexure
2021-22
% Change between
2021-22 RE and 2022-
Major Heads
2020-21
Actuals
BE
2021-22 RE
2022-23 BE
23 BE
Department of Health and Family Welfare
77,569
71,269
82,921
83,000
0.1%
Department of Health Research
3,125
2,663
3,080
3,201
3.9%
Pradhan Mantri Swasthya Suraksha Yojana (PMSSY)
6,840
7,000
7,400
10,000
35.1%
National AIDS and STD Control Programme
2,815
2,900
2,350
2,623
11.6%
Family Welfare Schemes
462
387
306
484
58.2%
National Health Mission
37,080
36,577
34,447
37,000
7.4%
National Rural Health Mission
30,329
30,100
27,850
National Urban Health Mission
950
1,000
500
22,317
Flexible Pool for RCH and Health System Strengthening, National Health programme and National Urban Health Mission Infrastructure Maintenance
6,343
Strengthening national Programme Management of the NRHM
200
Tertiary Care Programs
301
501
431
501
16.1%
Strengthening of State Drug Regulatory System
115
175
65
100
53.8%
Human Resources for Health and Medical Education
5,386
4,800
5,600
7,500
33.9%
Autonomous Bodies (includes AIIMS, ICMR)
9,177
10,924
10,916
12,220
11.9%
Ayushman Bharat - Pradhan Mantri Jan Arogya Yojana (PMJAY)
3,200
6,400
3,100
6,400
41%
Pradhan Mantri Ayushman Bharat Health Infrastructure Mission (PMABHIM)
1,040
5,846
462.1%
Medical Treatment of CGHS Pensioners (PORB)
2,794
2,300
2,750
2,645
-3.8%
Statutory and Regulatory bodies
226
316
314
335
6.9%
Infrastructure Development for Health Research
148
177
0
9%
Rashtriya Swasthya Bima Yojana (RSBY)
0
1
1
45
4400%
Others
6,011
7,127
6,654
8,377
26%
COVID-19 Emergency Response and Health System Preparedness Package
11,804
1,165
India COVID-19 Emergency Response and Health System Preparedness Package (Phase-II)
14,567
PM Garib Kalyan Package - Insurance Scheme for Health Care Workers fighting COVID-19
814
226
-72.2%
COVID-19 vaccination for healthcare workers and frontline workers
137
Total
80,694
73,932
86,001
86,201
0.2%
Sources: Demand Numbers 46 and 47, Demand for Grants, Ministry of Health and Family Welfare, Union Budget, 2022-23; PRS.
## State-Wise Numbers On The Health Sector
| | Infant | Life |
|-------------------------------------------------------------------------------------------------------------------------------------|--------------|-------------|
| Population | Crude | Expectancy |
| Under 5 | | |
| mortality | | |
| Maternal | | |
| Mortality | | |
| (Million) | Birth Rate | |
| Underweight | | |
| children (%) | | |
| Total | | |
| Fertility | | |
| Rate, | rate, | |
| 2011 | 2017 | |
| Mortality | | |
| Rate (per | | |
| 1000 live | 2015-16 | |
| 2019-21 | 2010-15 | |
| Ratio | | |
| 2016-18 | | |
| Births) 2020 | | |
| at Birth | | |
| (Years) | | |
| 2014-18 | | |
| State | | |
| Number | Number | |
| | | |
| of | % Children | of |
| Death | | |
| between | | |
| below 5 | | |
| 0-5 | | |
| Number of | | |
| infants who | | |
| die before | | |
| | years of age | |
| maternal | | |
| deaths, | | |
| years, | | |
| children | | |
| born to a | | |
| woman in | who are | per |
| reaching one, | | |
| per 1,000 live | | |
| Number of | | |
| live births | | |
| per 1,000 | | |
| in a | | |
| population. | her | underweight |
| per 1,000 | | |
| live births | births | |
| How long a | | |
| new-born | | |
| can expect | | |
| to live, on | | |
| existing | | |
| death rate | | |
| lifetime | | |
| 1,00,000 | | |
| live births | | |
| Andhra Pradesh | 49 | 16 |
| Assam | 31 | 21 |
| Bihar | 104 | 26 |
| Chhattisgarh | 26 | 23 |
| Gujarat | 60 | 20 |
| Haryana | 25 | 21 |
| Jharkhand | 33 | 23 |
| Karnataka | 61 | 17 |
| Kerala | 33 | 14 |
| Madhya Pradesh | 73 | 25 |
| Maharashtra | 112 | 16 |
| Odisha | 42 | 18 |
| Punjab | 28 | 15 |
| Rajasthan | 69 | 24 |
| Tamil Nadu | 72 | 15 |
| Telangana | 35 | 17 |
| Uttar Pradesh | 200 | 26 |
| West Bengal | 91 | 15 |
| Arunachal Pradesh | 1 | 18 |
| Delhi | 17 | 15 |
| Goa | 1 | 13 |
| Himachal Pradesh | 7 | 16 |
| Jammu & Kashmir | 13 | 15 |
| Manipur | 3 | 15 |
| Meghalaya | 3 | 23 |
| Mizoram | 1 | 15 |
| Nagaland | 2 | 14 |
| Sikkim | 1 | 16 |
| Tripura | 4 | 13 |
| Uttarakhand | 10 | 17 |
| Andaman & Nicobar | | |
| Islands | | |
| 0 | 11 | 1.3 |
| Chandigarh | 1 | 14 |
| Dadra & Nagar Haveli | 0 | 24 |
| Daman & Diu | 0 | 20 |
| Lakshadweep | 0 | 15 |
| Puducherry | 1 | 13 |
| All India | 1,211 | 20 |
| Sources: Census Data 2011; Sample Registration System 2019; Health and Family Welfare Statistics 2017; Special Bulletin on maternal | | |
| Mortality in India 2016-18; National Family Health Survey-5 (2019-21); PRS. | | |
| | | |
##
https://egazette.nic.in/writereaddata/2018/184302.pdf. 10 Receipt Budget 2022-23, Ministry of Finance, February 2022, https://www.indiabudget.gov.in/doc/rec/allrec.pdf. 11 Union Budget Speech 2020-21, https://www.indiabudget.gov.in/budget2020-21/doc/Budget_Speech.pdf; Finance Act 2020, https://egazette.nic.in/WriteReadData/2020/218938.pdf. 12 15th Finance Commission, http://finance.cg.gov.in/15%20Finance%20Commission/Report/XVFC-Complete_Report-E.pdf. 13 Chapter VIII: Public Health Care System, Planning Commission of India, http://planningcommission.nic.in/aboutus/committee/strgrp/stgp_fmlywel/sgfw_ch8.pdf. 14 Rural Health Statistics 2018, https://nrhmmis.nic.in/Pages/RHS2018.aspx?RootFolder=%2FRURAL%20HEALTH%20STATISTICS%2F%28A%29%20RHS%20- %202018&FolderCTID=0x01200057278FD1EC909F429B03E86C7A7C3F31&View=%7B09DDD7F4-80D0-42E3-8969- 2307C0D97DDB%7D. 15 Budget Speech, Union Budget 2017-18, https://www.indiabudget.gov.in/budget2017-2018/ub2017-18/bs/bs.pdf. 16 Rural Health Statistics 2019-20, Ministry of Health and Family Welfare, https://hmis.nhp.gov.in/downloadfile?filepath=publications/Rural-Health-Statistics/RHS%202019-20.pdf. 17 About HWC, Ayushman Bharat - Health and Wellness Centres, Ministry of Health and Family Welfare, https://ab-hwc.nhp.gov.in/#about. 18 Consolidate Report for the Week as on Date - 05-02-2022, Ayushman Bharat - Health and Wellness Centre, last accessed on February 2, 2022, https://ab-hwc.nhp.gov.in/home/Consolidated_Weekly_Report?state=0. 19 "Report no. 126: Demands for Grants 2021-22 (Demand No. 44) of the Department of Health and Family Welfare", Standing Committee on Health and Family Welfare, March 8, 2021, https://rajyasabha.nic.in/rsnew/Committee_site/Committee_File/ReportFile/14/142/126_2021_7_15.pdf. 20 'Ayushman Bharat: Costs and Finances of the Prime Minister Jan Arogya Yojana', Institute of Economic Growth, Study Report for the 15th Finance Commission, https://fincomindia.nic.in/writereaddata/html_en_files/fincom15/StudyReports/Ayushman%20Bharat%20Costs%20and%20Finances.pdf. 21 Report No. 123: The Outbreak of Pandemic Covid-19 and its Management, Department-Related Parliamentary Standing Committee on Health and Family Welfare, Rajya Sabha, November 21, 2020, https://rajyasabha.nic.in/rsnew/Committee_site/Committee_File/ReportFile/14/142/123_2020_11_15.pdf. 22 Hospital beds (per 1,000 people), Work Bank Database, last accessed on February 4, 2021, https://data.worldbank.org/indicator/SH.MED.BEDS.ZS.
2021.
3, 2020, https://rajyasabha.nic.in/rsnew/Committee_site/Committee_File/ReportFile/14/121/119_2020_3_15.pdf. 40 Report No. 127 - Demand for Grants of the Department of Health Research, Standing Committee on Health and Family Welfare, March 8, 2021, https://rajyasabha.nic.in/rsnew/Committee_site/Committee_File/ReportFile/14/142/127_2021_7_11.pdf. 41 "Report no. 100: Demands for Grants 2017-18 (Demand No.43) of the Department of Health Research", Standing Committee on Health and Family Welfare, March 20, 2017, http://164.100.47.5/newcommittee/reports/EnglishCommittees/Committee%20on%20Health%20and%20Family%20Welfare/100.pdf. 42 Report No. 107, Demand for Grants 2018-19 (Demand No. 43) of the Department of Health Research, Standing Committee on Health and Family Welfare, March 2018, https://rajyasabha.nic.in/rsnew/Committee_site/Committee_File/ReportFile/14/100/107_2018_6_16.pdf, 43 "Pradhan Mantri Ayushman Bharat Health Infrastructure Mission", Press Information Bureau, Ministry of Health and Family Welfare, November 30, 2021. 44 "Prime Minister of India launches countrywide Ayushman Bharat Digital Mission", Press Information Bureau, Ministry of Health and Family Welfare, September 27, 2021. 45 Consultation Paper on Unified Health Interface, Ministry of Health and Family Welfare, July 23, 2021. 46 "Government Reforms and Enablers, Major announcements and policy reforms under Aatma Nirbhar Bharat Abhiyan", MyGov, May 17, 2020, https://blog.mygov.in/wp-content/uploads/2020/05/Aatma-Nirbhar-Bharat-Presentation-Part-5.pdf. 47 Total Operational (initiated independent testing) Laboratories reporting to ICMR, February 3, 2022, Indian Council of Medical Research, Ministry of Health and Family Welfare, https://www.icmr.gov.in/pdf/covid/labs/archive/COVID_Testing_Labs_03022022.pdf. 48 ICMR website, Accessed on November 17, 2021, https://www.icmr.gov.in/index.html. 49 Unstarred Question No. 2659, Rajya Sabha Questions, December 21, 2021, https://pqars.nic.in/annex/255/AU2659.pdf. 50 Unstarred Question No. 2661, Rajya Sabha Questions, December 21, 2021, https://pqars.nic.in/annex/255/AU2661.pdf. 51 "Report No. 229: Management of COVID-19 Pandemic and Related Issues", Standing Committee on Home Affairs, Rajya Sabha, December 21, 2020, https://rajyasabha.nic.in/rsnew/Committee_site/Committee_File/ReportFile/15/143/229_2020_12_18.pdf. 52 "Press Statement by the Drugs Controller General of India (DCGI) on Restricted Emergency approval of COVID-19 virus vaccine", Press Information Bureau, Ministry of Health and Family Welfare, January 3, 2021. 53 "The National Regulator grants Permission for Restricted Use in Emergency Situations to Sputnik-V vaccine", Press Information Bureau, Ministry of Health and Family Welfare, April 13, 2021. 54 Twitter, Ministry of Health and Family Welfare, March 24, 2021, last accessed on March 31, 2021, https://twitter.com/MoHFW_INDIA/status/1374639742499708930. 55 "Status of COVID-19 Vaccines within WHO EUL/PQ evaluation process", World Health Organisation, last accessed December 1, 2021, https://extranet.who.int/pqweb/sites/default/files/documents/Status_COVID_VAX_11Nov2021.pdf.
%7Ctwterm%5E1423915409791610886%7Ctwgr%5E%7Ct.
300-per-dose-adar-poonawalla/articleshow/82293116.cms?from=mdr. 75 "Govt to procure 66 crore more doses of Covishield, Covaxin at revised rates", The Hindu, July 17, 2021, https://www.thehindu.com/news/national/govt-to-procure-66-crore-more-doses-of-covishield-covaxin-at-revised-rates/article35378303.ece. DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research ("PRS"). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it.
|
65c43cfe57bc567107068286 | budget_reports |
## Demand For Grants 2022-23 Analysis Rural Development
The Ministry of Rural Development is responsible for the development of and welfare activities in rural areas. It aims at increasing livelihood opportunities, providing social safety nets, and improving infrastructure for growth. The Ministry has two departments: (i) Rural Development, and (ii) Land Resources. This note presents the budgetary allocations to the Ministry for 2022-23, and analyses various issues related to the schemes implemented by it.
## Allocation In Union Budget 2022-23
The Ministry of Rural Development has been allocated Rs 1,38,204 crore in 2022-23.1 Table 1 gives the trend in budgetary allocation towards the Ministry over the past three years. In 2022-23, the Department of Rural Development has been allocated Rs 1,35,944 crore, which is an 11% decrease from the revised estimates of 2021- 22. The Department of Land Resources has been allocated Rs 2,259 crore, which is a 52% increase over the revised estimates of 2021-22.
| Department | |
|--------------|----------|
| 20-21 | |
| Actuals | |
| 21-22 | |
| RE | |
| 22-23 | |
| BE | |
| % Change | |
| (22-23 BE/ | |
| 21-22 RE) | |
| Rural | |
| Development | 1,96,417 |
| Land | |
| Resources | 1,176 |
| Total | 1,97,593 |
Note: BE is budget estimate and RE is revised estimate. Sources: Demands for Grants 2022-23, Ministry of Rural Development; PRS.
## Policy Announcements In The Budget Speech 2022-23
The one lakh crore allocation towards states for capital expenditure will include supplemental funding for priority segments of PM Gram Sadak Yojana, including support for the states' share.
Border villages will be covered under the new Vibrant Villages Programme. The activities will include construction of village infrastructure, housing, tourist centres, road connectivity, provisioning of decentralised renewable energy, direct to home access for Doordarshan and educational channels, and support for livelihood generation.
To enable affordable broadband and mobile service proliferation in rural and remote areas, five per cent of annual collections under the Universal Service Obligation Fund will be allocated.
Use of 'Kisan Drones' will be promoted for crop assessment, digitisation of land records.
## Overview Of Finances: Department Of Rural Development
The Department implements schemes targeted at poverty reduction, provision of basic services, employment generation, and habitation development. Since 2012, expenditure of the Department has seen an average annual growth of 10.5%. In 2020-21, expenditure of the Department increased significantly primarily due to the additional expenditure on the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) and direct benefit transfer towards PM Jan Dhan Yojana account holders. In 2020-21, while the budgeted allocation towards the Department was Rs 1,20,147 crore, the actual expenditure was 61% higher at Rs 1,96,417 crore. The Standing Committee on Rural Development (2020) had noted that the allocation to the Department is much lower than the amount demanded by the Ministry.2 Such lack of funds could affect the timely progress of the schemes. However, in 2021-22, the Committee noted that unspent balance of Rs 40,294 crore had accrued over all the schemes of the Department, which may raise questions on utilisation of the funds.3
Note: Values for 2021-22 and 2022-23 are revised estimates and budget estimates respectively.
Sources: Union Budgets 2012-13 to 2022-23; PRS.
## Major Schemes Under The Department
In 2022-23, 54% of the Department's expenditure is estimated to be on MGNREGS. This is followed by the rural component of Pradhan Mantri Awaas Yojana - Gramin (PMAY-G) (15%), and Pradhan Mantri Gram Sadak Yojana (PMGSY) (14%).
% Change (22-23
21-22
RE
22-23
BE
Scheme
20-21
Actuals
BE/ 21-22 RE)
MGNREGS
1,11,170 98,000 73,000
-26%
PMAY-G
19,269 20,390 20,000
-2%
PMGSY
13,688 14,000 19,000
36%
NRLM
9,208 11,710 13,336
14%
NSAP
42,443
8,730
9,652
11%
Others
639
728
956
31%
Total
1,96,417 1,53,558 1,35,944
-11%
Note: BE is budget estimate and RE is revised estimate. Others include projects like management support to rural development programs, socio-economic and caste census survey and centre's expenditure. Sources: Demands for Grants 2022-23, Department of Rural Development, Ministry of Rural Development; PRS.
## Key Issues And Analysis Expenditure On Mgnregs Shot Up During Covid-19
MGNREGS seeks to provide guaranteed 100 days of wage employment per year to every rural household whose adult member volunteers to do unskilled manual work.4 The scheme has statutory backing through the Mahatma Gandhi National Rural Employment Guarantee Act, 2005. The Act specifies a list of works that can be undertaken to generate employment. These are related to water conservation, land development, construction, and agriculture, among others. The scheme covers all districts of the country barring the ones with 100% urban population.5 Figure 3 shows the expenditure on the scheme from 2012-13 to 2022-23.
estimates and budget estimates respectively.
Sources: Union Budgets 2012-13 to 2022-23; PRS.
In 2022-23, the scheme has been allocated Rs 73,000 crore. This is 26% lower than the revised estimates of 2021-22. This decline is primarily because the scheme received additional allocation in 2020-21 and 2021-22 to address the employment demand during the COVID-19 pandemic. In 2020-21, the scheme was allocated Rs 61,500 crore at the budget stage, however the actual expenditure went up to Rs 1,11,170 crore (an increase of 81%). In 2021-22, allocation to the scheme was increased to Rs 73,000 crore at the budget stage. The revised expenditure is estimated to be Rs 98,000 crore (an increase of 34%). Note that as on September 1, 2021, funds amounting to Rs 52,223 crore had already been released.6 This suggests that the actual expenditure on the scheme overshot the budget estimates due to the pandemic induced distress. However, since 2015- 16, expenditure on the scheme has consistently been higher than the amount estimated at the budget stage. Table 3 shows the trends in allocation and actual expenditure on MGNREGS since 2012-13.
MGNREGS (Rs crore)
Year
Budgeted
Actuals
% utilised
2012-13
33,000
30,273
-8%
2013-14
33,000
32,992
0%
2014-15
34,000
32,977
-3%
2015-16
34,699
37,341
8%
2016-17
38,500
48,215
25%
2017-18
48,000
55,166
15%
2018-19
55,000
61,815
12%
2019-20
60,000
71,687
19%
2020-21
61,500
1,11,170
81%
2021-22
73,000
98,000
34%
2022-23
73,000
Note: The 'actuals' figure for 2021-22 is the revised estimate. Sources: Union Budgets 2012-13 to 2022-23; PRS.
## While Demand For Mgnrega Work Has Increased, Uptake Of Employment Has Been Poor
Demand for work: MGNREGS is a demand driven scheme. According to the Ministry, in 2021-22 (as on December 15, 2021), 7.27 crore households had demanded employment under the scheme.7 Of these, 7.24 crore households were offered employment, while 6.36 crore households (87%) availed such employment. As per the Ministry, this could be due to better employment opportunities available elsewhere, or illness, and other such factors. The number of households engaged in MGNREGA work has increased from
5.12 crore in 2016-17 to 6.81 crore in 2021-22.8
Demand for work also shot up significantly during the pandemic. According to the Ministry, 1.85 crore persons were offered work in May 2021, which was 52% higher than the work offered in May 2019.9 The demand under MGNREGS is related to the movement of migrant labour. That is, states from which labour migrates would have seen higher demand under the scheme since migrant labourers returned to their home states during the COVID-19 pandemic. The Economic Survey 2021-22 noted that for several migrant source states such as Bihar, Madhya Pradesh, Odisha, and West Bengal the MGNREGS employment in most months of 2021 was lower than the corresponding levels in 2020.10 On the other hand, the demand for MGNREGS
employment was higher for migrant recipient states like Karnataka, Maharashtra, Punjab, and Tamil Nadu for most months in 2021 over 2020.10
Employment provided: The scheme guarantees
100 days of employment. However, from 2016-17 to 2020-21, the average number of days of employment has been 48 days, with a maximum of 52 days of employment in 2020-21.11 Since 2016- 17, on average, less than 10% of the households completed 100 days of wage employment. The Standing Committee on Rural Development (2022) noted that despite MGNREGA being a demand driven scheme where workers can move to better opportunities, these figures are quite low.6 According to the Committee workers opt out of MGNREGA works due to low wage rates which hampers the amount of work completed.
Year
Employment days / household
| 2016-17 | | 46 |
|-----------|-----|-------|
| 2017-18 | | 46 |
| 2018-19 | | 51 |
| 2019-20 | | 48 |
| 2020-21 | | 52 |
| 2021-22 | 45 | |
Sources: Dashboard, Mahatma Gandhi National Rural Employment Guarantee Act, Ministry of Rural Development, last accessed on February 11, 2022; PRS.
Work Completed: The scheme also aims to create durable assets to improve rural livelihood through the work done while providing employment. In 2020-21 and 2021-22, while the demand for work has increased and the number of persons being employed has also increased, the percentage of work completed under the scheme has been lower than 40%.11
Sources: Dashboard, Mahatma Gandhi National Rural Employment Guarantee Act, Ministry of Rural Development, last accessed on February 11, 2022; PRS.
## Delays In Wage Payments Have Improved But Persist; Wage Rates Are Low In A Few States
Indexing of minimum wage rate: The Ministry of Rural Development notifies the MGNREGA wage rate every year for states/UTs. Each state/UT may notify wages over and above the wage-rate notified by the central government. Skilled wage rate is decided by states governments. The minimum wage rate is fixed by the central government on the basis of the Consumer Price Index-Agricultural Labourers (CPI-AL). If this is not available, the minimum wage rate fixed by the states for agricultural labourers is considered.12 The Ministry revises the wage rate every year based on changes in CPI-AL.13 The Standing Committee on Rural Development (2020) had noted that the wage rate under MGNREGS is less than the minimum wages fixed by states.2 Further, the agricultural labourers receive wages higher than the MGNREGS workers. It recommended increasing the minimum wages under MGNREGS periodically after taking inflation into account.2 Note that in March 2020, under the Pradhan Mantri Garib Kalyan Yojana, MGNREGA wage was increased from Rs 182 a day to Rs 202 a day.14 In 2021-22, till February 2022, the average wage rate was Rs 209 per day per person.15 However, in six states the average wage paid was less than the minimum wage notified by the centre (Bihar,Chhattisgarh, Madhya Pradesh, Rajasthan, Telangana, and Tripura).16 The Committee on Alignment of MGNREGS
wages under the Ministry of Rural Development
(2017) noted that the type of work done by agricultural labourers and MGNREGS workers is different.17 Thus, there should be difference in their minimum wages. It also noted that the Consumer Price Index-Rural was more recent and provided for higher expenditure on education and medical care compared to CPI-AL.17 It recommended using CPI-Rural instead of the existing CPI-AL for revising MGNREGS wages.17 The Standing Committee on Rural Development (2020) noted the disparity in MGNREGS wages in various states. The Committee on Alignment of MGNREGS (2017) noted that this variation is not desirable for a programme where wage component is fully funded by the centre. It recommended convergence on Schedule of Rates across states to avoid variation.17
Payment delays have reduced: Under MGNREGS wage payments must be made within 15 days of the date of closure of the muster roll.5 Delays in payments are calculated from the 16th day onwards. Table 5 shows the percentage of delayed payments out of the total payments over the past six years, and delay in payments. The proportion of delayed payments has reduced from 71.6%% in 2014-15 to 1.4% in 2021-22. The Economic Survey (2018-19) noted that the implementation of direct benefit transfer has helped in reducing delays in payments.18 However, the Standing Committee on Rural Development (2022) noted that failed transactions and non-completion of Aadhaar based payments affects timely transfer of wages.6 It also noted that there were several instances where the amount transferred does not credit to the beneficiaries' accounts and causes delays in the actual realisation of wages.
Composition of delayed
Year
% Delayed
Payment
payments(%)
>90 days
61-90
31-60
15-30
2014-15
71.6%
13.4%
9.8% 22.0%
26.3%
2015-16
63.1%
9.5%
8.1% 19.0%
26.5%
2016-17
56.6%
14.2%
8.4% 15.9%
18.1%
2017-18
15.5%
1.8%
0.9%
3.6%
9.2%
2018-19
10.5%
1.9%
0.7%
2.0%
5.8%
2019-20
6.2%
1.9%
0.7%
1.1%
2.6%
2020-21
3.5%
1.5%
0.3%
0.5%
1.3%
2021-22
1.4%
0.5%
0.1%
0.2%
0.6%
Sources: MGNREGS MIS Report, Delayed Payments, last accessed on February 11, 2022; PRS.
No unemployment allowance given in 2021-
22 so far: Currently under MGNREGS, a daily unemployment allowance is paid from state government funds (if employment is not provided by the state government within 15
days of application).4 A CAG report (2013) on the scheme had stated that this puts an additional burden on the states.19 It suggested that the Ministry of Rural Development should consider partial reimbursement of unemployment allowance.19 In recent years, the amount of unemployment allowance paid by states has reduced. In 2017- 18, the total unemployment allowance paid by 11 states was Rs 2.82 lakh.6 This further reduced to Rs 63,000 in 2018-19 (paid by eight states), and Rs 12,000 in 2019-20 (paid by four states).6 In 2020-21, only Maharashtra had paid such allowance, amounting to a total of three thousand rupees. The Standing Committee on Rural Development (2022) noted that in 2021- 22, till November 5, no states had paid such allowance.6 The Ministry had responded to this stating that in 2021-22 (as on August 31, 2021), 99.26% beneficiaries who had demanded for work had been offered the work.6 The Standing Committee (2022) noted that low or no payment of unemployment allowance is a blatant violation of the MGNREG Act.6 It noted that even though it is the states'
responsibility to provide the allowance, the centre being the nodal agency should act upon this issue, and devise measures to oversee the implementation of the provision of unemployment allowance.
## Target Of Houses To Be Constructed Under Pradhan Mantri Awaas Yojana- Gramin (Pmay-G) Has Not Been Met
PMAY-G has the second highest allocation in the Department's budget in 2022-23, at Rs 20,000 crore, which is 2% lower than the revised estimate of 2021-22. Since 2010-11, expenditure on the scheme has seen an average annual growth of 6%. The scheme was launched in 2016, as part of the central government's target to provide housing for all by 2022. PMAY-G subsumed the erstwhile Indira Awaas Yojana for rural housing.
Note: Value for 2021-22 is revised estimate, value for 2022- 23 is budget estimate. Values for years prior to 2016-17 relate to Indira Awaas Yojana. Sources: Union Budgets from 2010-11 to 2022-23; PRS.
Houses constructed: Since the scheme was announced in 2016-17, the target for construction for houses has not been met in any of the years. The rate of construction (completed vs sanctioned) has also declined since 2019-20. In 2021-22, the completion rate (till February 2021) was at 15%. Poor construction rates for 2020-21 and 2021-22
may be due to the inability to carry out construction due to the COVID-19 pandemic. The Standing Committee on Rural Development (2020) had noted that progress under the scheme has been slow.2 It observed that one of the biggest hurdles for the timely completion of houses, is delay in the release of instalments under PMAY-G to beneficiaries. It recommended the Department of Rural Development to streamline the method for the timely release of instalments and explore ways to ensure that construction of houses is completed within the targeted time frame.
Increase in financial assistance under PMAY-G:
Under PMAY-G, financial assistance of Rs 1,20,000 in plain areas and Rs 1,30,000 in hilly areas is provided to rural BPL households for construction of a dwelling unit. The Standing Committee on Rural Development (2019) had noted that the financial assistance provided is not proportionate with the rising inflationary cost of the construction, material and other aspects of house building.20 Further, Standing Committee on Rural Development (2020-21) noted the disparity in assistance for constructing a house in rural and urban areas (assistance of about Rs 2,50,000 per house). It noted that there are several logistical issues in rural areas that may not be there in urban areas. It recommended the Ministry to increase the assistance provided by them under the PMAY-G scheme and bring parity between the per-unit assistance in rural and urban areas.20
Coverage of the scheme: Questions have also been raised around the coverage of the scheme and whether all intended beneficiaries are included. Under PMAY-G beneficiaries are selected based on the housing deficiency and other social deprivation parameters in the Socio Economic and Caste Census, 2011 (SECC), and as verified by the Gram Sabhas. The Standing Committee on Rural
Development (2021) had noted that to ensure that Gram Sabhas are making fair assessments, the rejected applicants should be cross-checked by independent agencies and more accountability be brought into the process.21 Anomalies in the SECC
2011 data could also exclude people from benefitting under the scheme. It recommended that a new strategy be designed to identify beneficiaries.
## Pradhan Mantri Gram Sadak Yojana
Pradhan Mantri Gram Sadak Yojana (PMGSY) seeks to provide all-weather road connectivity to all eligible unconnected habitations, existing in the core network in rural areas of the country. The scheme has been allocated Rs 19,000 crore in 2021-22, which is an increase of 36% over the revised estimate of 2021-22.
Declining fund allocation and poor utilisation: While the allocation in 2022-23
sees a significant increase from the revised estimates of last year, the expenditure on the scheme has been decreasing since 2015-16 (see Figure 8). Further since 2016-17, the Ministry has been spending less than the amount allocated at the budget stage (see Table 6). This trend of underutilisation has been worsening between 2016-17 and 2020-21.
Note: Value for 2020-21 is the revised estimates. Sources: Union Budgets from 2014-15 to 2022-23; PRS.
Year
Budgeted
Actuals
% utilisation
2014-15
14,391
14,188
-1%
2015-16
14,291
18,290
28%
2016-17
19,000
17,923
-6%
2017-18
19,000
16,862
-11%
2018-19
19,000
15,414
-19%
2019-20
19,000
14,017
-26%
2020-21
19,500
13,688
-30%
2021-22
15,000
14,000
-7%
2022-23
19,000
Note: The 'Actuals' figure for 2021-22 is the revised estimate. Sources: Union Budgets from 2014-15 to 2022-23; PRS.
Slow pace of work under the scheme: Till December 8, 2021, under phase I of the scheme, 6,45,627 km of road length has been sanctioned, of which, 6,10,179 km has been completed.22
PMGSY II was launched in 2013 to consolidate the existing rural road network, under which 50,000 km of road length was targeted for upgradation. As on December 8, 2021, 49,885 km has been sanctioned and 45,573 km has been constructed.22 In July 2019, PMGSY III was approved for consolidation of 1.25 lakh km roads length through routes and major rural links connecting habitations. As on December 8, 2021, 71,902 km has been sanctioned and 19,649 km has been constructed.22 Phase III is to be implemented till March 2025.
| | Sanctioned | Constructed | Balance |
|-----------|---------------|----------------|------------|
| Phase I | 6,45,627 | 6,10,179 | 20,340 |
| Phase II | 49,885 | 45,573 | 3,860 |
| Phase III | 71,902 | 19,649 | 52,152 |
2021; PRS.
While targets under various phases of the scheme are being met, the progress has been slow. The Standing Committee on Rural Development (2021) noted that projects under PMGSY do not get completed in the prescribed time frame.3 Such delays result in escalation of the project costs which affects the overall expenditure. Delays are also caused due to delays in obtaining clearances for projects from various ministries. In 2020, the Committee had noted that the pace of work under the scheme has been slow, especially in hilly states like Uttarakhand.2 It noted that the delay in approval of Detailed Project Reports (DPRs) is the main cause for the slow pace of the scheme. It recommended that the Department of Rural Development ensure timely preparation and approval of DPRs and increase the pace of completion of projects. Figures 9 and 10 give details of length of roads constructed and habitations connected in the last ten years, under the scheme.
Note: Road length includes roads constructed under Road Connectivity Project for Left Wing Extremism Affected Areas (RCPLWEA). Sources: Sanctioned road length under PMGSY, Rural Dashboard, Monitoring and Accounting System (OMMS), Ministry of Rural Development, last accessed on February 11, 2022; PRS.
Note: Road length includes roads constructed under Road Connectivity Project for Left Wing Extremism Affected Areas (RCPLWEA). Sources: Sanctioned road length under PMGSY, Rural Dashboard, Monitoring and Accounting System (OMMS), Ministry of Rural Development, last accessed on February 11, 2022; PRS.
## Issues With Contracting And Poor Maintenance Affects Quality Of Roads Built Under Pmgsy
The Standing Committee on Rural Development (2021) noted that contractors tend to quote 25- 30% lower than the minimum bid amount to acquire project tenders under the scheme.3 This affects the quality of roads constructed under PMGSY. Often contracts are also sublet to petty contractors who are not involved at the time of awarding bids. This is done for further costcutting in projects and profiteering. For ensuring sustainability of roads built under PMGSY, each contractor has to provide for: (i) defect liability for five years, and (ii) paid routine maintenance after completion of work. The Standing Committee on Rural Development (2020, 2021) has consistently noted that roads constructed are not up to the prescribed standards and there has been deterioration in the roads despite the five-year warranty period.2,3 It has recommended the Ministry to ensure stricter norm compliance and hold the contractors and agencies accountable for their negligence.
## National Social Assistance Program
The National Social Assistance Program (NSAP) is a welfare program comprising of sub-schemes aimed at providing assistance to citizens in case of unemployment, old age, sickness, and any form of disability. The major schemes include Indira Gandhi National Old Age Pension Scheme, Indira Gandhi National Widow Pension Scheme, and Indira Gandhi National Disability Pension Scheme. It also includes funds provided to Pradhan Mantri Jan Dhan Yojana (PMJDY) account holders through direct benefit transfers (DBT). In 2022-23, the scheme has been allocated Rs 9,652 crore, which is a 11% increase over the revised estimates of 2021-22. The expenditure on the scheme was increased substantially in 2020-21, owing to Rs 30,945 crore spent on DBT to women account holders of PMJDY (Rs 500 for three months).23 This was an initiative under the PM Garib Kalyan Package to combat the economic effects of the COVID-19 pandemic.
20-21
Actuals
21-22
RE
22-23
BE
8,965
5,945
6,564
Indira Gandhi National Old Age Pension Scheme
1,881
1,845
2,027
Indira Gandhi National Widow Pension Scheme
375
583
675
National Family Benefit Scheme
30,944
-
-
DBT to PMJDY Women Account Holders Others
278
358
386
Total
42,443
8,730
9,652
Sources: Demands for Grants 2022-23, Department of Rural Development; PRS.
Table 9 shows the budget estimates and actual expenditure under the scheme since 2014-15.
| Year | Budgeted | Actuals | % utilised |
|---------|-------------|------------|---------------|
| 2014-15 | 10,635 | 7,087 | -33% |
| 2015-16 | 9,082 | 8,616 | -5% |
| 2016-17 | 9,500 | 8,854 | -7% |
| 2017-18 | 9,500 | 8,694 | -8% |
| 2018-19 | 9,975 | 8,418 | -16% |
| 2019-20 | 9,200 | 8,692 | -6% |
| 2020-21 | 9,197 | 42,443 | 361% |
| 2021-22 | 9,200 | 8,730 | -5% |
| 2022-23 | 9,652 | | |
Note: The 'Actuals' figure for 2020-21 is the revised estimate. Sources: Union Budgets from 2014-15 to 2022-23; PRS.
Increase of assistance amount: The Standing Committee on Rural Development (2020,21) has consistently noted that the assistance amount (ranging from Rs 200 to Rs 500 per month) under the different components of the scheme is inadequate. It recommended the Department of Rural Development to increase the assistance amounts under the scheme.
PM Jan Dhan Yojana: PMJDY was launched in August 2014 to increase banking penetration, promote financial inclusion and provide at least one bank account per household across the country. As on February 2, 2022, 44.58 crore accounts have been opened under PMJDY (since its launch).24 67% of these accounts have been opened in rural and semi-urban bank branches. The remaining 33% are in urban metro centres. Deposits of Rs 1.58 lakh crore have been made and 31.38 crore RuPay debit cards have been issued.24
## National Rural Livelihoods Mission
The National Rural Livelihoods Mission (NRLM) aims to reduce poverty through promotion of diversified and gainful selfemployment and skilled wage employment opportunities. In 2022-23, the scheme has been allocated Rs 13,336 crore, which is a 14%
increase over the revised estimates of 2021-22. Table 10 shows the actual expenditure by states under the scheme since 2012-13.
Table 10: Expenditure under NRLM (Rs crore)
Year
Budgeted
Actuals
% utilisation
2012-13
3,915
2,195
-44%
2013-14
4,000
2,022
-49%
2014-15
4,000
1,413
-65%
2015-16
2,505
2,514
0%
2016-17
3,000
3,157
5%
2017-18
4,500
4,327
-4%
2018-19
5,750
5,783
1%
2019-20
9,024
9,022
0%
2020-21
9,210
9,208
0%
2021-22
13,678
11,710
-14%
2022-23
13,336
Note: Actuals for 2021-22 are revised estimates. From 2015-16, allocation to start-up village entrepreneurship program has also been included. Sources: Union Budgets from 2012-13 to 2022-23; PRS.
Table below shows progress under components of the scheme since 2016-17.
## Groups
Number of households mobilised
into Self Help Groups
2016-17
74,01,665
2017-18
88,29,599
2018-19
97,37,594
2019-20
89,17,895
2020-21
62,06,775
2021-22
45,37,327
Source: Aajeevika - Deen Dayal Antyodaya Yojana - NRLM, Rural Dashboard, Ministry of Rural Development, last accessed on February 11, 2022; PRS.
## Nrlm
SHGs provided Revolving Fund
SHGs provided Community Investment Fund (CIF)
CIF disbursed to SHG (in Rs lakh)
Revolving fund disbursed to SHGs (in Rs lakh)
2016-17
1,91,734
26,762
1,35,033
80,847
2017-18
2,95,303
41,756
2,33,094
1,38,356
2018-19
4,29,557
62,221
2,73,485
1,67,613
2019-20
4,37,881
63,459
3,26,505
2,10,188
2020-21
5,03,485
72,712
4,07,600
2,47,260
2021-22
3,87,996
59,315
3,85,576
2,79,453
Source: Aajeevika - Deen Dayal Antyodaya Yojana - NRLM, Rural Dashboard, Ministry of Rural Development, last accessed on February 11, 2022; PRS.
## Overview Of Finances: Department Of Land Resources
The Department of Land Resources aims to increase productivity of degraded land through integrated watershed management. It also aims to develop an integrated land information management system to improve real-time information on land, and to optimise use of land resources. It implements two key schemes: (i) Integrated Watershed Development Component of Pradhan Mantri Krishi Sinchai Yojana (WDC- PMKSY), and (ii) the Digital India Land Records Modernisation Programme (DILRMP). In 2021-22, the Department has been allocated Rs 2,259 crore, which is a 52% increase over the revised estimates of 2021-22.
| Major Heads | |
|---------------|-----|
| 20-21 | |
| Actuals | |
| 21-22 | |
| RE | |
| 22-23 | |
| BE | |
| % Change | |
| (22-23 BE/ | |
| 21-22 RE) | |
| WDC - PMKSY | 938 |
| DILRMP | 225 |
| Secretariat | 13 |
| Total | |
Note: WDC - PMKSY is the Watershed Development Component under Pradhan Mantri Krishi Sinchai Yojana. DILRMP is Digital India Land Records Modernisation Programme. BE is budget estimate and RE is revised estimate. Sources: Demands for Grants 2022-23, Department of Land Resources, Ministry of Rural Development; PRS.
## Watershed Development Component Of Pradhan Mantri Krishi Sinchai Yojana
The Integrated Watershed Management Programme aims to develop rain fed portions of net cultivated area and culturable wastelands.25 In 2015, it was subsumed as one of the components of Pradhan Mantri Krishi Sinchayee Yojana (PMKSY). Activities under the Watershed Development Component are drainage line treatment, soil and moisture conservation, rain water harvesting, and afforestation, among others. The scheme has been allocated Rs 2,000 crore in 2022-23, which is a 64% increase over the revised estimate of 2021-22. Note that there has been under-utilisation of the budgeted amounts for the last five years.
Slow progress of projects: The Standing Committee on Rural Development (2020, 2021) noted the slow pace of completion of projects under the scheme. As of February 10, 2022, 1,139 projects were ongoing and under various stages of implementation.26 The Standing Committee (2021) noted that projects are delayed in some states due to lack of focus by state governments and delay in release of central funds to the state level nodal agencies. The Committee recommended accelerating the pace of project completion. The centre must
work with the state level nodal agencies to ensure that projects are not delayed.
(Rs crore)
Year
Budgeted
Actuals
% utilised
2015-16
1,530
1,527
0%
2016-17
1,550
1,510
-3%
2017-18
2,150
1,671
-22%
2018-19
2,251
1,786
-21%
2019-20
2,066
1,467
-29%
2020-21
2,000
938
-53%
2021-22
2,000
1,216
-39%
2022-23
2,000
-
Note: The 'Actuals' figure for 2021-22 is revised estimate. Sources: Union Budgets from 2015-16 to 2022-23; PRS.
## Digital India Land Records Modernisation Programme (Dilrmp)
DILRMP is a part of the Digital India initiative.27 The scheme was changed into a Central Sector Scheme in April 2016.28 With this change, the scheme is now implemented by the central government with 100% of the grants coming from the centre. Major components of the programme include: (i) computerisation of all existing land records, (ii) digitisation of maps, (iii) survey/re-survey, and updating of all settlement records, and (iv) computerisation of the registration process and its integration with the land records maintenance system. In 2022-23, the scheme has been allocated Rs 239 crore which is a 4% decrease from the revised estimates of 2021-22. Over the past few years the amount allocated towards the scheme at the budget stage has typically not been fully utilised, with the actual expenditure in some years being 50% less than the amount allocated at the budget stage.
However, in 2021-22, expenditure on the scheme is estimated to be 67% more than the amount allocated at the budget stage.
on DILRMP (Rs crore)
Year
Budgeted
Actuals
% utilised
2015-16
90
40
-56%
2016-17
150
139
-7%
2017-18
150
93
-38%
2018-19
250
68
-73%
2019-20
150
44
-71%
2020-21
239
225
-6%
2021-22
150
250
67%
2022-23
239
-
Note: The 'actuals' figure for 2021-22 is the revised estimate. Sources: Union Budgets 2015-16 to 2022-23; PRS.
Progress of components under DILRMP:
DILRMP is currently being implemented in all states, but with differential progress.29 While significant progress has been made across various components of the scheme, several key components are still lagging behind. Land records have been computerised for 93% of the villages.29 The record of rights have been digitised for 84% of the villages.29 Survey/re-survey work has been completed in only 12% of the villages. 68% of the
1 Demand No. 87, Department of Rural Development, Ministry of Rural Development, Union Budget 2022-23, https://www.indiabudget.gov.in/doc/eb/sbe87.pdf; Demand No. 88, Department of Land Resources, Ministry of Rural Development, Union Budget 2022-23, https://www.indiabudget.gov.in/doc/eb/sbe88.pdf. 3 Report No. 13, Demands for Grants (2021-22), Department of Rural Development, Standing Committee on Rural Development, March 9, 2021, http://164.100.47.193/lsscommittee/Rural%20Development%20 and%20Panchayati%20Raj/17_Rural_Development_13.pdf. 4 The National Rural Employment Guarantee Act, 2005 https://nrega.nic.in/amendments_2005_2018.pdf. 5 Mahatma Gandhi National Rural Employment Guarantee Act, 2005, Operational Guideline 2013, https://nrega.nic.in/Circular_Archive/archive/Operational_g uidelines_4thEdition_eng_2013.pdf. 6 Report No. 20, Critical Evaluation of Mahatma Gandhi National Rural Employment Guarantee Act, Standing Committee on Rural Development, 2021-22, http://164.100.47.193/lsscommittee/Rural%20Development%20 and%20Panchayati%20Raj/17_Rural_Development_and_Panch ayati_Raj_20.pdf. 7 Unstarred Question No. 3781, Lok Sabha Questions, Ministry of Rural Development, December 21, 2021, http://164.100.24.220/loksabhaquestions/annex/177/AU3781.pd f 8 Dashboard, Mahatma Gandhi National Rural Employment Guarantee Act, Ministry of Rural Development, last accessed on February 11, 2022, http://mnregaweb4.nic.in/netnrega/MISreport4.aspx. 9 "In FY 2021, 1.85 crore persons have been offered work under MGNREGA; 52% higher than the same period in FY 2019", Ministry of Rural Development, Press Information Bureau, May
17, 2021. 10 Chapter 10, Social Infrastructure and Employment, Economic Survey 2021-22, Ministry of Finance, https://www.indiabudget.gov.in/economicsurvey/doc/eschapter/ echap10.pdf. 11 Dashboard, Mahatma Gandhi National Rural Employment Guarantee Act, Ministry of Rural Development, last accessed on February 11, 2022, https://ruraldiksha.nic.in/RuralDashboard/MGNREGA_New.asp x. 12 The National Rural Employment Guarantee Act, 2005, https://nrega.nic.in/amendments_2005_2018.pdf. 13 Unstarred Question No. 2219, Ministry of Rural Development, August 6, 2021, https://pqars.nic.in/annex/254/AU2219.pdf. 14 "Finance Minister announces Rs 1.70 Lakh Crore relief package under Pradhan Mantri Garib Kalyan Yojana for the poor to help them fight the battle against Corona Virus", Press Information Bureau, Ministry of Finance, March 26, 2020. 15 "Program Specific", Dashboard, Mahatma Gandhi National Rural Employment Guarantee Act, Ministry of Rural Development, last accessed on February 11, 2022; PRS. 16 R7.2.1 Average wage As per measurement pattern during the Financial Year 2021-2022, The Mahatma Gandhi National Rural Employment Guarantee Act, Ministry of Rural Development, last accessed on February 11, 2022, http://mnregaweb4.nic.in/netnrega/avg_wage_paid.aspx?fin_yea r=2021- 2022&source=national&Digest=9W1xBQWtfJS+lGqDnrVHsA.
cadastral maps have been digitised. Land records and property registration has been integrated in 75% of villages. Textual and spatial data has been integrated in 56% villages.
17 "Report of the Committee on Alignment of MGNREGA
Wages with Minimum Agricultural Wages." July, 2017.
Ministry of Rural Development, MGNREGA Division. http://www.im4change.org/siteadmin/tinymce/uploaded/Draft% 20report%20of%20Nagesh%20Singh%20Committee%20July% 202017.pdf. 18 Effective use of technology for welfare schemes - Case of MGNREGS. Economic Survey 2018-19, Volume I. https://www.indiabudget.gov.in/economicsurvey/doc/vol1chapte r/echap10_Vol1.pdf. 19 "Report No. 6, Performance Audit of Mahatma Gandhi National Rural Employment Guarantee Scheme", Comptroller and Auditor General of India, 2013, http://www.cag.gov.in/sites/default/files/audit_report_files/Unio n_Performance_Civil_Ministry_Rural_Development_6_2013.p df. 20 Report No. 1, Demands for Grants (2019-20), Ministry of Rural Development, Standing Committee on Rural Development, December 5, 2019, http://164.100.47.193/lsscommittee/Rural%20Development%20 and%20Panchayati%20Raj/17_Rural_Development_1.pdf. 21 Report No. 16, Pradhan Mantri Awaas Yojana - Gramin: PMAY-G, Standing Committee on Rural Development, August 2, 2021, http://164.100.47.193/lsscommittee/Rural%20Development%20 and%20Panchayati%20Raj/17_Rural_Development_16.pdf. 22 Starred Question No. 226, Lok Sabha Questions, Ministry of Rural Development, December 14, 2021, http://164.100.24.220/loksabhaquestions/annex/177/AS226.pdf. 23 "Direct cash transfer to women PMJDY account holders under PM Garib Kalyan Package for the month of April 2020 in the light of COVID-19 pandemic", Ministry of Rural Development, April 3, 2020. 24 "Progress-Report, PMJDY" , last accessed on February 11, 2022, https://pmjdy.gov.in/account
25 Programme Details, Watershed Development Component Of Pradhan Mantri Krishi Sinchai Yojana (WDC-PMKSY), Department Of Land Resources, Ministry of Rural Development https://dolr.gov.in/programme-schemes/pmksy/watersheddevelopment-component-pradhan-mantri-krishi-sinchai-yojanawdc-pmksy.
26 Unstarred Question no. 1596, Lok Sabha Questions, Ministry of Jal Shakti, February 10, 2022, http://164.100.24.220/loksabhaquestions/annex/178/AU1596.pd f. 27 Digital India Land Records Modernization Program, Department of Land Resources, Ministry of Rural Development, http://nlrmp.nic.in/faces/common/home.xhtml.
28 "Rationalization of Centrally Sponsored Scheme
DILRMP as Central Sector Scheme", Department of Land
Resources, Ministry of Rural Development, September 22, 2016, http://dolr.nic.in/dolr/downloads/PDFs/DILRMP%20Clarifi cations%202016-09-22.pdf.
29 Digital India Land Records Modernization Programme - MIS 2.0, last accessed on February 11, 2022, https://dilrmp.gov.in/faces/common/dashboard.xhtml. DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research ("PRS"). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it. |
65c43cfe57bc5671070682c4 | budget_reports |
## Demand For Grants 2018-19 Analysis Housing And Urban Affairs
The Ministry of Housing an d Urban Affairs plays a central role in formulating policies and coordinating the activities of various agencies (including state governments, and urban local bodies) involved in urban planning. The Ministry of Housing and Poverty Alleviation and Ministry of Urban Development were combined in 2017 to form the Ministry of Housing and Urban Affairs. This note looks at the expenditure incurred by the Ministry, the status of the various schemes implemented, and the issues faced with investment required for urban planning.
## Overview Of Finances
The total allocated expenditure for the Ministry of Housing and Urban Affairs for 2018-19 is Rs 41,765 crore, 2% higher than the revised estimate of 2017-18.1
Note: For the years 2009-10 till 2017-18, the figures are a combination of the erstwhile Ministry of Housing and Urban Poverty Alleviation, and Ministry of Urban Development. Values for 2017-18 are revised estimates.
Sources: Budget documents 2009-10 to 2018-19; PRS. The period from 2009-10 till 2017-18 has seen a trend of increase in actual expenditure. The period saw a Compounded Annual Growth Rate (CAGR) of 25%. CAGR is the annual growth rate over a certain period of time. This may be due to an increased focus on infrastructure provision in urban areas. The period from 2014-15 till 2017-18 has seen higher increases in expenditure. The highest increase in expenditure was seen in 2014-15 (91%), over the previous year. In 2016-17, there was an 83% rise in expenditure over the previous year. The figure below shows the trend in utilisation of funds between 2009-10 and 2017-18.
Tel: (011) 43434035-36, 23234801-02 www.prsindia.org Note: For the years 2009-10 till 2017-18, the figures are a combination of the erstwhile Ministry of Housing and Urban Poverty Alleviation, and Ministry of Urban Development. Values for 2017-18 are revised estimates. Sources: Budget documents 2009-10 to 2018-19; PRS.
While the actual expenditure of the Ministry has been increasing over the years, for the period between 2011-12 and 2015-16, it was lower than the budget estimates. Although 2014-15 saw the highest increase in expenditure, it also saw the largest negative deviation from the budget estimate. The actual expenditure in 2014-15 was 32% lower than the budget estimate. The Standing Committee on Urban Development, 2017, noted that the budgetary allocations were lower than the Ministry demand.2 Although there was a 36% increase in the budget estimate for
2017-18 over the budget estimate for 2016-17, it was short of what the Ministry had projected. (The erstwhile Ministry of Urban Development had an allocation of Rs 34,212 crore as compared to the projected Rs 68,410 crore).2
| Revised | Budgeted | % |
|------------|-------------|--------|
| | | |
| Actual | | |
| 16-17 | 17-18 | 18-19 |
| Metro | 15,327 | 18,000 |
| PMAY | | |
| (Urban) | | |
| 4,881 | 6,043 | 6,505 |
| AMRUT | 4,864 | 4,999 |
| Smart | | |
| Cities | | |
| 4,412 | 4,000 | 6,169 |
| SBM | | |
| (Urban) | | |
| 2,135 | 2,300 | 2,500 |
Sources: Union Budget documents 2018-19; PRS.
Of the expenditure allocated to the Ministry in 2018-19, the highest allocation is towards metro projects at 36% of the total (Rs 15,000 crore). This is followed by allocations towards key schemes under the Ministry, i.e., Pradhan Mantri Awas Yojana (PMAY)- Urban (16%; Rs 6,505 crore), Smart Cities Mission (15%; Rs 6,169 crore), AMRUT (14%; Rs 6,000 crore), and Swachh Bharat Mission- Urban (6%; Rs 2,500 crore).
Of the major schemes/projects, allocation towards Metro projects in 2018-19 has seen a 17% decrease over the revised estimates of 2017-18, and allocation towards Smart Cities has seen a 54% increase over the revised estimates.
Year
Budgeted
Actuals % utilised
Sources: Ministry of Housing and Urban Affairs budget documents; PRS.
Revenue and Capital expenditure
Table 2 shows the overall shift in revenue and capital expenditure of the Ministry.
## Housing And Urban Affairs ( Rs Crore)
BE
2017-
18*
RE
2017-
18*
BE
2018-
19
% change (BE
2018-19/ RE
2017-18)
Revenue
21,285
21,332
25,350
19%
Capital
19,333
19,422
16,415
-15%
Total
40,618
40,754
41,765
2%
Notes: BE - Budget Estimate; RE - Revised Estimate. *Combines BE and RE of erstwhile Ministry of Housing and Poverty Alleviation, and Ministry of Urban Development. Sources: Ministry of Housing and Urban Affairs budget documents; PRS.
Of the total expenditure, 39% is allocated for capital expenditure, and 61% for revenue expenditure. As compared to the revised estimates of 2017-18, revenue expenditure has increased by 19%, while capital expenditure has decreased by 15%. The reduction in capital expenditure can be attributed to a reduction in the allocation towards Metro projects. The capital expenditure on metro projects forms 91% of the total capital expenditure.
Major schemes and allocations: 2018-19
Metro Projects
The Ministry of Housing and Urban Affairs is responsible for urban transport which includes metro projects.
The budgetary allocation towards metro projects in 2018-19 is Rs 15,000 crore. This is a 17% decrease over the revised estimates of 2017-18. The table below shows the trends in allocations and expenditure towards metro projects.
## Crore)
| 2014-15 | 8,026 | 5,998 | 75% |
|------------|----------|----------|--------|
| 2015-16 | 8,260 | 9,300 | 113% |
| 2016-17 | 10,000 | 15,327 | 153% |
| 2017-18 | 18,000 | 18,000* | 100% |
*Revised estimates. Sources: Budget documents 2015-16 to 2018-19; PRS.
The allocation towards metro projects has been increasing from the period 2014-15 till 2017-18. The allocation in 2018-19 was decreased by 17% over the revised estimates of 2017-18. As the allocations have been increasing, the actual expenditures have over shot the budget estimates. In 2016-17, the actual expenditure was 153% of the budget estimate. In 2017-18 the revised estimate is the same as the budget estimate.
There are currently 13 ongoing metro rail projects that have been set up as a 50:50 joint venture between the central government and respective state governments.3 The total sanctioned costs of these projects amount to Rs 1,76,105 crore, of which the share of the central government is Rs 30,903 crore.3 As of August 2017, a total length of 370 km are operational in eight cities, and a total length of 537 km are work in progress in 13 cities (including these eight cities).4 Of the total expenditure on metro projects, majority of it (Rs 14,924 crore) is on capital expenditure. The capital expenditure on metro projects forms 91% of the total capital expenditure of the Ministry of Housing and Urban Affairs. The Standing Committee on Urban Development (2017) noted that a high allocation towards metro projects leads to inadequate funds for other projects.2 The Committee recognises the importance of metro projects for the improvement of urban transport, and has recommended financing projects through other options such as international cooperation. The Union Cabinet approved the Metro Rail Policy in August 2017.4 The policy makes a Public Private Partnership (PPP) component mandatory for a project to be eligible for central assistance. In addition, states have three options via which they can avail central assistance. These options are- (i) PPP with central assistance under the viability gap funding scheme of the Ministry of Finance, (ii)
grant by government under which a lump sum central assistance will amount to 10% of the project cost, and (iii) 50:50 equity sharing model between state and central governments.
Pradhan Mantri Awas Yojana (PMAY)- Urban
PMAY- Urban is a housing scheme being implemented from 2015 to 2022. The scheme comprises four components: (i) in situ rehabilitation of existing slum dwellers through private participation, (ii) credit linked subsidy scheme (CLSS) for economically weaker section (EWS), lower income group (LIG), and middle income group (MIG), (iii) affordable housing in partnership, and (iv) subsidy for beneficiary led individual house construction. The Ministry provides central assistance to urban local bodies for the implementation of the scheme through respective state governments. The budgetary allocation towards the scheme for 2018-18 is Rs 6,505 crore. This is an 8% increase over the revised estimates for 2017-18. The increase in budgetary allocation in 2018-19 can be attributed to the increase in allocations for the LIG and MIG components of the CLSS.
Table 4: Allocation towards PMAY ( Rs crore)
Year
Budgeted
Actuals
% utilised
2015-16
4,175
1,487
36%
2016-17
5,075
4,881
96%
2017-18
6,043
6,043*
100%
2018-19
6,505
*Revised estimates. Sources: Budget documents 2015-16 to 2018-19; PRS.
In 2016-17, a 228% increase was observed in the actual expenditure over 2015-16. Correspondingly, a 258% rise was seen in the number of houses constructed in 2016-17. Table 5 shows the year on year increase in the number of houses constructed under the scheme. Although the actual expenditure has seen an increase, it has been short of the budget estimates. In 2015-16, 36% of the budget estimate was utilised, and in 2016-17, 96% of the budget estimate was utilised.
Year on Year
Year
No. of
houses
increase
completed
2014-15
2,506
2015-16
18,706
646%
2016-17
66,985
258%
2017-18*
2,07,794
210%
*Data for 2017-18 updated till January 2, 2018. Sources: Lok Sabha Unstarred Question no. 2528; PRS.
Under the scheme, as on January 2, 2018, of the total 32,00,431 houses sanctioned for construction, 9% (2,95,991) houses have been completed.5
The government aims to achieve its 'housing for all target' by 2022. As per the 2011 census, 27.5% of urban residents lived in rented houses. According to the Report of the Group of Secretaries, January
2017, a rental housing scheme would further complement PMAY- Urban in achieving the housing for all target.6
Lending by housing finance companies- Both housing finance companies (HFCs), and public sector banks offer low cost funding for housing.
HFCs have an 80% share in the implementation of CLSS component of PMAY-Urban.6 However, they face constraints such as inability to access long term funds. The Union Cabinet has approved the creation of a National Urban Housing Fund (NUHF) worth Rs 60,000 crore.7 This fund will be under the Building Materials and Technology Promotion Council, an autonomous body set up in 1990 under the Ministry of Housing and Urban Affairs. The council undertakes research to facilitate large scale application of new building material technologies.8 The NUHF aims to raise funds in the next four years to ensure a sustained flow of central release under Pradhan Mantri Awas Yojana (PMAY)- Urban, enabling construction of houses.
Urban Rejuvenation Mission: AMRUT and Smart Cities Mission
The AMRUT mission was launched in June 2015.9
The purpose of the mission is to provide basic services (these services include water supply, sewerage, and urban transport) in cities, especially to the poorer households. The pace of urbanisation is increasing in the country. The table below captures the rise in the number of towns.
| | 2001 | 2011 | % increase |
|-----------------|---------|---------|---------------|
| Statutory Towns | 3,799 | 4,041 | 6% |
| Census Towns | 1,362 | 3,894 | 186% |
Sources: Ministry of Housing and Urban Affairs; PRS.
The growth in urbanisation has seen a 186% rise in the number of census towns (towns that do not have a notified urban local body). The absence of notified urban local bodies (ULBs) leads to unplanned growth of slums, lack of basic drinking water or sewerage facilities, and no tax collection as applicable to municipalities. In the context of the rapid rise in unplanned urbanization, the reforms under AMRUT intend to improve service delivery, and make municipal functioning more accountable. The budget estimate for 2018-19 is Rs 6,000 crore, 20% more than the revised estimates of 2017-18. AMRUT is a Centrally Sponsored Scheme with a financial outlay of Rs 50,000 crore for five years (2015-20). Capacity building and implementation of reforms are key components of the mission. The following table compares the actual expenditure against the proposed allocation as given in a cabinet note, indicated by the Standing Committee on Urban Development, 2017.2
expenditure ( Rs crore)
| Year | Proposed allocation | Budgeted | Actuals |
|---------|------------------------|-------------|------------|
| 2015-16 | 5,000 | 3,919 | 2,702 |
| 2016-17 | 15,000 | 4,080 | 4,864 |
| 2017-18 | 15,000 | 5,000 | 4,999* |
| 2018-19 | 9,000 | 6,000 | - |
| 2019-20 | 6,000 | - | - |
| Total | 50,000 | 18,999 | 12,565 |
*Revised Estimate. Sources: Standing Committee on Urban Development, 2017; Budget documents; PRS.
As per the Cabinet note, the Ministry seeks to spend Rs 50,000 crore on AMRUT by 2019-20. As per the government's proposal, the Ministry should have spent Rs 35,000 crore (70% of the total) by 2017-18. So far, looking at the actual expenditure, the Ministry has spent Rs 12,565 crore (25.1% of the proposed total). The government has to achieve 74.9% of the total target in 2018-19, and 2019-20. The allocation towards the scheme has been increasing over the period from 2015-16 till 2018- 19. In 2015-16, the expenditure was 69% of the budget estimate, while in 2016-17, the actual expenditure over shot the budget estimate (119% of budget estimate).
The Smart Cities Mission aims to develop cities that provide core infrastructure and give a decent quality of life to its citizens, a clean and sustainable environment, and apply 'smart' solutions. So far, 99 cities have been selected under the Mission.10 These were selected via the Smart City challenge. The cities were evaluated based on their Smart City Proposals, which consists of an area based development strategy, and a pan city development strategy. The mission will be operated as a Centrally Sponsored Scheme The budget estimate for 2018-19 is Rs 6,619 crore, an increase of 54% over the revised estimates of 2017-18.
## Mission ( Rs Crore)
| Year | Budgeted | Actuals | % utilised |
|---------|-------------|------------|---------------|
| 2015-16 | 2,020 | 1,484 | 73% |
| 2016-17 | 3,215 | 4,412 | 137% |
| 2017-18 | 4,000 | 4,000* | 100% |
| 2018-19 | 6,169 | | |
*Revised estimates. Sources: Budget documents 2015-16 to 2018-19; PRS.
In 2016-17, the actual expenditure increased by 197% over the actual expenditure in 2015-16. Correspondingly, 2016-17 saw overspending against the budget estimate (137% of budget estimate). In 2017-18, the actual expenditure is estimated to be lower than in 2016-17, and equal to the budget estimate. A total investment of Rs 2,01,981 crore is proposed by the 99 cities under their smart city plans.11 The central and state governments will meet only part of the project costs. The central government will provide financial assistance of up to Rs. 48,000 crore over five years, that is, an average of Rs. 100 crore per city per year. The states and ULBs will have to contribute an equal amount, and generate the additional amount as required. Other sources of financing include, PPP's, borrowings, and innovative mechanisms such as municipal bonds. So far, of the cities that were selected in round one of the competition (January 2016), 49% of the projects are in the detailed project report preparation phase. Almost all cities selected in round two have set up a special purpose vehicle (SPV). Cities recently selected in round three and four are in the process of establishing Special Purpose Vehicles (SPV).12
Swachh Bharat Mission (SBM)- Urban Swachh Bharat Mission (SBM), launched in October 2014, aims to eliminate open defecation and achieve 100% scientific management of municipal solid waste in all 4,041 statutory towns by October 2, 2019.13,14 The budget estimate for 2018-19 is Rs 2,500 crore. This is a 9% increase over the revised estimates of 2017-18. The table below shows the allocations towards SBM- Urban.
Table 9: Allocation towards SBM Urban ( Rs crore)
| Year | Budgeted | Actuals | % utilised |
|---------|-------------|------------|---------------|
| 2014-15 | 1,690* | 859 | 51% |
| 2015-16 | 1,000* | 766 | 77% |
| 2016-17 | 2,300 | 2,135 | 93% |
| 2017-18 | 2,300 | 2,300 | 100% |
*Revised estimates. Sources: Budget documents 2015-16 to 2018-19; PRS.
In 2016-17, the actual expenditure was 179% higher over the actual expenditure of 2015-16. Since 2014-15, the Ministry has underutilised the funds allocated towards the scheme. However, the utilisation of funds has improved each year. In 2017-18, the actual expenditure is estimated to equal the budget estimate. The total estimated cost of implementation of SBM- Urban is Rs 62,009 crore. Of this, the share of the central government is Rs 14,623 crore, and states' assistance will amount to Rs 4,874 crore.
The remainder is to be financed via various sources such as the private sector, Swachh Bharat Kosh, market borrowing, and external assistance.
Achievements: The table below shows the number of toilets constructed as of November 2017, as compared to the targets set for October 2019.
Target
Achievement
%
achieved
Community and Public toilets
5,08,000
2,43,152
48%
| 66,42,000 |
|--------------|
| Individual |
| Household |
| toilets |
Sources: Ministry of Housing and Urban Affairs; PRS.
As of November 2017, 22% of the total municipal solid waste generated daily, is processed.15
Awareness: The Swachhta Status Report, 2016
showed that as per information collected in 2012, people may not use toilets in spite of having access to them.16 During 2012, 0.2% households in urban areas had access to toilets but were not using them. The reasons for not using them include, not clean/ insufficient water, malfunctioning of the toilets, and personal preference. In the Standing Committee, Urban Development, Report on Demands for grants 2017-18, the Ministry noted that it has shifted emphasis from construction of toilets to behavioural change.2 15% of the total central allocation is earmarked for the Information, Education, and Communication (IEC) and Public Awareness component of the scheme. Of the total central release as on January 2, 2018, 12% of the release accounts for this component.17
Other issues to consider
Additional investment: In the current landscape of rising unplanned urbanisation, the High Powered Expert Committee (HPEC) (2011) for Estimating the Investment Requirements for Urban Infrastructure Services had estimated Rs 39 lakh crore (at 2009-10) prices for the period from 2012- 2031.18 As per their framework, the investment in urban infrastructure should increase from 0.7% of GDP in 2011-12 to 1.1% of GDP by 2031-32. The pace of urbanisation is increasing in the country. As per the 2011 census, around 31% of the country's population resided in urban areas.19 By 2031, around 600 million (43%) people will live in urban areas, an increase of over 200 million in 20 years. Given the pace of urbanisation, large capital investments are needed for infrastructure projects which includes support from central and state governments in the form of capital grants. The budgetary outlays alone are not enough to the service the growing demands on local governments.20 Alternate sources of financing are required to meet the funding gap.20 The flagship schemes of the Ministry (such as Smart Cities Mission, Swachh Bharat Mission) seek to meet their financing requirements through a mix of sources such as borrowings, municipal bond financing, and PPPs.
Financial capacity of ULBs: The Constitution
(74th Amendment) Act, 1992 devolved certain matters relating to urban development to urban local bodies, including the power to collect certain taxes. Some of the functions assigned to urban local bodies include urban planning, planning for economic and social development, and urban poverty alleviation. The new schemes under the Ministry, seek to decentralize the planning process to the city and state level, by giving them more decision making powers. So, while earlier, majority of the funding came from the central and state governments, now, a significant share of the funding needs to be raised by the cities themselves. There is an imbalance between the functions and finances of urban local bodies.21 The ULBs in India are amongst the weakest in the world both in terms of capacity to raise a resources and financial autonomy. The share of own revenue for ULBs has been declining from 63% in 2002-03, 53% in 2007- 8, and 44% in 2015-16.22,23 Several states have not devolved enough taxation powers to local bodies. Further, local governments collect only a small fraction of their potential tax revenue. These devolved funds are largely tied in nature, to either specific sectors or schemes. This constrains the spending flexibility of ULBs. PPP's have been an important instrument to finance and develop infrastructure projects. However, projects in many sectors require support from ULBs in the form of additional financial resources. Inability to service such funding requirements constrains project implementation.20 In such cases, ULBs can access capital markets through issuance of municipal bonds. Municipal bonds are marketable debt instruments issued by ULBs, the funds raised may be used for capital projects, refinancing of existing loans, and meeting working capital requirements. The Securities and Exchange Board of India regulations (2015) regarding municipal bonds provide that, to issue such bonds, municipalities must: (i) not have negative net worth in any of the three preceding financial years, and (ii) not have defaulted in any loan repayments in the last one year.24 Therefore, a city's performance in the bond market depends on its fiscal performance. To strengthen alternate sources of financing, the Department of Economic Affairs, Ministry of Finance has initiated a pilot program for readiness assessment and model development for Municipal bond financing in select urban local bodies.20
5 Lok Sabha Unstarred Question No.2528, Ministry of Housing and Urban Affairs, January 2, 2018, http://164.100.47.190/loksabhaquestions/annex/13/AU2528.pdf. 6 Report of the Group of Secretaries, Group 4- Health, Sanitation and Urban Development, January 2017, https://smartnet.niua.org/sites/default/files/resources/report_of_s ectoral_group_of_secretaries_on_health_sanitation_urban_devel opment.pdf. 7 "Cabinet approves creation of national Urban Housing Fund", Press Information Bureau, Ministry of Housing and Urban Affairs, February 22, 2018, http://pib.nic.in/newsite/PrintRelease.aspx?relid=176687. 8 Building Materials and Technology Promotion Council, Ministry of Housing and Urban Affairs, http://www.bmtpc.org/topics.aspx?type=sub&mid=19. 9 Mission Statement and Guidelines, Atal Mission for Rejuvenation and Urban Transformation, Ministry of Urban Development, June 2015, http://amrut.gov.in/writereaddata/AMRUT%20Guidelines%20.p df. 10 "Silvassa Tops the List of Winner Cities- Erode, Diu, Biharsharif, Itanagar and Kavaratti Selected in Round 4 of Smart Cities- Bareilly, Moradabad and Saharanpur in UP also selected-
99 Smart Cities selected so Far", Press Information Bureau, Ministry of Housing and Urban Affairs, January 19, 2018, http://pib.nic.in/newsite/PrintRelease.aspx?relid=175750. 11Smart Cities, Ministry of Housing and Urban Affairs, http://www.mohua.gov.in/cms/smart-cities.php. Last accessed on February 8, 2018. 12Unstarred Question no. 490, Ministry of Housing and Urban Affairs, Lok Sabha, February 6, 2018, http://164.100.47.190/loksabhaquestions/annex/14/AU490.pdf. 13 "Swachh Bharat Mission needs to become a Jan Andolan with participataion from every stakeholder: Hardeep Puri 1,789 Cities have been declared ODF conference on PPP model for waste to energy projects", Ministry of Housing and Urban Affairs, Press Information Bureau, November 30, 2017, http://pib.nic.in/newsite/PrintRelease.aspx?relid=173995. 14 "PM launches Swachh Bharat Abhiyaan", Prime Minister's Office, Press Information Bureau, October 2, 2014, http://pib.nic.in/newsite/PrintRelease.aspx?relid=110247.
15 Swachh Bharat Urban, Ministry of Housing and Urban Affairs, last accessed on January 25, 2018, http://swachhbharaturban.gov.in/writereaddata/Statewise_status _of_implementation.pdf. 16Swachhta Status Report, National Sample Survey Office, 2016, https://smartnet.niua.org/sites/default/files/resources/swachhta_s tatus_report_2016_17apr17.pdf.
17 Unstarred Question no. 211, Ministry of Housing and Urban Affairs, Lok Sabha, January 2, 2018, http://164.100.47.190/loksabhaquestions/annex/13/AS211.pdf. 18 "Report on Indian Infrastructure and Services", High Powered Expert Committee for estimating the investment requirement for urban infrastructure services, March 2011, http://icrier.org/pdf/FinalReport-hpec.pdf.
19 Challenge of Urbanisation, Approach to the 12th five year plan, Planning Commission, October 2011, http://planningcommission.gov.in/plans/planrel/12appdrft/appra och_12plan.pdf. 20 "Guidance on use of Municipal Bond Financing for Infrastructure projects", Department of Economic Affairs, Ministry of Finance, September 2017, https://www.pppinindia.gov.in/documents/20181/33749/Guidan ce+on+use+of+Municipal+Bonds+for+PPP+projects.pdf/037cb 143-8305-4c57-8f3c-32e5a329297f. 21 "Report of the sub-committee on financing urban infrastructure in the 12th Plan, Ministry of Urban Development, March 2012, http://mohua.gov.in/upload/uploadfiles/files/Report%20of%20th e%20Sub- Committee%20on%20Financing%20Urban%20Infrastructure% 20in%20the%2012th%20Plan%20_0.pdf. 22 Report of the Steering Committee on Urbanisation, Planning Commission, Government of India, November 2012, https://smartnet.niua.org/content/d5ce7e1d-04fd-45c4-af11- b9e6a25e4ea8. 23 Economic Survey 2017-18, Ministry of Finance, January 29, 2018. 24 Securities and Exchange Board of India (Issue and Listing of Debt Securities by Municipalities) Regulations, 2015, Securities and Exchange Board of India, July 15, 2015, http://www.sebi.gov.in/sebi_data/attachdocs/1436964571 729.pdf. DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research ("PRS"). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it.
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65c43cfe57bc5671070682ba | budget_reports |
## Demand For Grants 2018-19 Analysis Home Affairs
The Ministry of Home Affairs is responsible for matters concerning internal security, centre-state relations, central armed police forces, border management, and disaster management. In addition, the Ministry also makes certain grants to the union territories. This note analyses the expenditure trends and budget proposals for the Ministry of Home Affairs for 2018-19, and presents some issues in the sector.
## Overview Of Finances1
The Ministry of Home Affairs (MHA) has been allocated Rs 1,07,573 crore in Union Budget 2018- 19. This is an increase of 5.1% over the revised estimates in 2017-18, which was Rs 1,02,391 crore. Further, this is 10.7% higher than the budget allocation of last year, which was Rs 97,187 crore. The budget for the Ministry of Home Affairs constitutes 4.4% of the total expenditure budget of the union government in 2018-19. Figure 1 below shows the allocation to the Ministry of Home Affairs between 2009 to 2018. The average
Of the total budget estimates for 2018-19, (i) 81.7% of the expenditure is on police; (ii) 13.1% is on grants made to union territories (UTs), and (iii) 5.2% is on miscellaneous items such as disaster management, rehabilitation of refugees and migrants, census and Cabinet. Table 1 shows the allocations to the main heads under the Ministry of Home Affairs in the Union Budget over the last three years.
estimates (in Rs crore) (2018-19)
%
2017-18
2018-19
2016-17
Actuals
RE
BE
Change
(BE 18-
19/RE
17-18)
Police
73,054
82,293
87,887
6.8%
UTs*
13,258
14,248
14,123
-0.9%
5,306
5,850
5,563
-4.9%
Others (includes disaster management)** Total
91,618
1,02,391
1,07,573
5.1%
Source: Union Budget, 2017-18; PRS.
Note: * Includes grants made to administer the seven UTs.
**Includes expenditure on disaster management, social security,
rehabilitation of refugees and migrants, census, civil defence,
secretariat, and cabinet.
RE: Revised Estimates; BE: Budget Estimates
Police: For 2018-19, Rs 87,887 crore has been
allocated toward police. Budget estimates for police
has increased by 6.8% from revised estimates for
2017-18, which was Rs 82,293 crore.
Under the Constitution, police and public order are
state subjects. However, the central government
supplements the efforts of the states to fight
extremism.2 The centre is responsible for the seven
central armed police forces and the Delhi police. In
addition, it provides the infrastructure for border
management and intelligence gathering.
The central government also supports the expenditure
towards the state police through centrally sponsored
schemes for modernisation of police forces.
Grants and loans to Union Territories: Around
13.1% of the Ministry's budget, i.e. Rs 14,123 crore, has been allocated for grants and loans for the administration of union territories. This includes the five union territories without legislatures (Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep), and the two union territories with legislatures (Delhi and Puducherry).
The 2018-19 budget estimates for grants and loans to
union territories has seen a marginal decrease of
0.9% from revised estimates for 2017-18, which was
Rs 14,248 crore.
Other items: Other miscellaneous expenditure items
of the Ministry of Home Affairs have been allocated
Rs 5,563 crore. This includes subjects such as
disaster management, rehabilitation of refugees and
migrants, and administrative matters (relating to the
census, the secretariat and Cabinet). Expenditure on
these items constitutes 5.2% of the Ministry's total budget for 2018-19.
## Analysis Of Key Areas Of Expenditure
This section discusses the trends in expenditure of the police as it constitutes the largest proportion (82%) of the total budgetary allocation of the Ministry of Home Affairs.
## Police
In 2018-19, Rs 87,887 crore has been budgeted for police expenditure. Table 2 below details the allocations made to major items of expenditure related to police.
%
2016-17
Actuals
2017-18
Revised
2018-19
Budget
Change
(BE 18-
19/RE 17-
18)
Central Armed Police Forces
52,474
58,149
62,741
7.9%
Delhi Police
5,837
6,553
6,946
6.0%
Police Infrastructure*
2,904
4,470
4,490
0.4%
Modernisation of police
2,230
2,577
3,157
22.5%
Intelligence Bureau (IB)
1,611
1,883
1,876
-0.3%
Border infrastructure
1,614
2,040
1,750
-14.2%
Others**
6,385
6,621
6,926
4.6%
Total
73,054
82,293
87,887
6.8%
Source: Union Budget 2018-19; PRS. Notes: *Infrastructure for Delhi Police is covered separately under the head of 'Police Infrastructure'. ** Other items include heads such as schemes for safety of women, education and research, criminology and forensic science, Land Port Authority of India, and India Reserve Battalion.
The Central Armed Police Forces (CAPFs) account for the largest share of expenditure under police (71%). Figure 2 below shows the proportion of various items related to police expenditure.
The total budget for police for 2018-19 has increased
by 6.8% over the revised estimates of 2017-18.
Figure 3 below shows the comparison of budget
estimates and actuals for police over the last nine
years.
Sources: Union Budgets 2011-17; PRS. Note: Revised Estimates used for 2017-18.
The actuals for police expenditure have been higher than budget estimates in five out of nine years.
## Central Armed Police Forces
The Ministry of Home Affairs is responsible for
seven central police forces: (i) Central Reserve Police
Force (CRPF) which assists in internal security and
law and order, (ii) Central Industrial Security Force
(CISF) which protects vital installations (like,
airports) and public sector undertakings, (iii)
National Security Guards (NSG) which is a special
counter-terrorism force, and (iv) four border guarding
forces, Border Security Force (BSF), Indo-Tibetan
Border Police (ITBP), Sashastra Seema Bal (SSB)
and Assam Rifles (AR).
Figure 4 shows the budget allocation to each of the
seven central armed police forces for 2018-19,
compared to the revised estimates of 2017-18.
For 2018-19, the Central Reserve Police Force has been allocated 32.2% of the total budget for central
##
armed police forces, i.e. Rs 20,268 crore. The second highest expenditure is towards the Border Security Force which has been allocated 27.3% of the total budget, i.e. Rs 17,119 crore.
## Vacancies
Data from the Bureau of Police Research and Development shows that vacancies among CAPFs has been a persistent issue.3 As of January 2017, the total sanctioned strength of the seven central armed police forces was 10,78,514.4 However, 15% of these posts (i.e. 1,58,591 posts) were lying vacant. Table 3 below shows the percentage of vacancies in the seven CAPFs over the last six years.
| Actual | % of |
|--------------|--------------|
| vacancies | |
| Year | Sanctioned |
| strength (in | strength (in |
| lakhs) | lakhs) |
| 2012 | |
| | |
| 8.9 | |
| | |
| 7.6 | |
| | |
| 14% | |
| | |
| 2013 | |
| | |
| 9.1 | |
| | |
| 8.3 | |
| | |
| 9% | |
| | |
| 2014 | |
| | |
| 9.3 | |
| | |
| 8.7 | |
| | |
| 6% | |
| | |
| 2015 | |
| | |
| 9.5 | |
| | |
| 8.9 | |
| | |
| 7% | |
| | |
| 2016 | |
| | |
| 9.7 | |
| | |
| 9.0 | |
| | |
| 7% | |
| | |
| 2017 | |
| | |
| 10.8 | |
| | |
| 9.2 | |
| | |
| 15% | |
| | |
Sources: "Data of Police Organizations", Bureau of Police Research and Development, 2012-17; PRS. Note: Figures for each year are as of January 1 of that year.
In January 2017, the Sashastra Seema Bal had a very large number of vacancies (57%). The Central Reserve Police Force, which accounts for 30% of the total sanctioned strength of the seven CAPFs, had a vacancy of 8%.
## Service Conditions And Pay
The Standing Committee on Home Affairs in the year 2017 had expressed concern over working conditions of personnel of the border guarding forces (BSF, ITBP, SSB and AR). The Committee observed that they had to work for 16-18 hours a day, with little time for rest and sleep.5 They were also not satisfied with medical facilities that had been provided at border locations. Further, the Committee noted that personnel of the Central Armed Police Forces had not been treated at par with the Armed Forces, in terms of pay and allowances.5 The demand for Paramilitary Service Pay, similar to Military Service Pay, had not been agreed to by the Seventh Central Pay Commission.5 In addition, the Committee observed that hard-area allowance for personnel of the border guarding forces was much lower as compared to members of the Armed Forces, despite being posted in areas with difficult terrain and harsh weather.
## Border Infrastructure And Management
Allocations to border infrastructure and management include outlays for maintenance of border works, border check posts, border out posts, and capital
outlays for various items including barbed wire
fencing, construction of roads, and Hi-tech
surveillance on Indo-Bangladesh and Indo-Pakistan
borders. Additionally, it includes capital outlays for
construction activities at India's international
borders, and for setting up mobile check posts in
coastal areas. Table 4 shows the expenditure under
this provision.
## Infrastructure And Management (In Rs Crore)
2016-17
Actuals
2017-18
Revised
2018-19
Budget
% Change
BE 18/19/
RE 17-18
Maintenance and Border Check Post
204
263
169
-35.6%
Capital Outlay
1,410
1,777
1,581
-11.0%
Total
1,614
2,040
1,750
-14.2%
Source: Union Budget 2018-19; PRS.
For 2018-19, Rs 1,750 crore has been budgeted for
border infrastructure and management. This is
14.2% lower than the 2017-18 revised estimates. In
2017-18, the budget estimates for border
infrastructure and management was Rs 2,600 crore.
Sources: Union Budgets 2015-18; PRS. Note: Revised Estimates used for 2017-18.
## Delays In Project Implementation
The Standing Committee on Home Affairs observed
in 2017 that infrastructure projects at borders have
faced delays, particularly due to problems in land
acquisition.5,6 Demands for compensation, by
farmers residing in border areas, had not been met.5
The Committee had also observed that funds
allocated for infrastructure projects at the border have
been underutilised.6
The coastal security scheme is a part of border
infrastructure and management. The Standing
Committee on Home Affairs had noted in 2017, that
implementation of this scheme within the set
timeframe has not been possible for reasons including delay in procurement of motor boats.5 Various other issues that have affected coastal security include inadequate infrastructure of Indian Coast Guard (ICG) and coastal police forces, and lack of coordination between the Indian Navy, ICG, and coastal police.5
## Institutional Mechanism For Border Security
In its report of 2017, the Standing Committee on Home Affairs examined the institutional mechanism in place for improving border security, particularly the functioning of agencies such as the National Intelligence Grid (NATGRID) and the Multi-Agency Centre (MAC).5 The NATGRID was created to connect intelligence and law enforcement agencies with organisations that provide data (such as banks, and airlines), to enhance counterterrorism capacity. The Committee noted that various issues remain in implementation of the project including non-procurement of equipment, and several vacancies of technical consultants.5 The MAC was set up to coordinate intelligence inputs for counterterrorism. Subsidiary Multi Agency Centres (SMACs) have been set up in various states for streamlining intelligence efforts. The Committee had observed that the contribution of state-level agencies has been low in the inputs received by the MAC, which may signal weak intelligence gathering capacity of states.5
## Modernisation Of Police Forces (Mpf)
For 2018-19, the central government has made allocations towards four items related to modernisation of police force. These include: (i) Modernisation of State Police Forces Scheme; (ii) the Crime and Criminal Tracking Network and Systems (CCTNS) scheme; (iii) Security related expenditure
(SRE) scheme; and (iv) Special Infrastructure scheme (SIS) for Left Wing Areas. The allocations over the last three years is outlined in Table 5 below.
% Change
BE 18-
2016-17
Actuals
2017-18
Revised
2018-19
Budget
19/RE 17-
18
1,390
1,766
897
28.0%
SRE and SIS for LWE areas
840
811
897
10.6%
Modernisation of State Police Forces and CCTNS Total
2,230
2,577
3,157
22.5%
Source: Union Budget 2018-19; PRS.
Financing of the MPF scheme has changed over the years. Following recommendations of the Fourteenth Finance Commission, it was decided that the scheme would be delinked from central government funding
from 2015-16 onwards.7 However the Standing
Committee on Home Affairs, in 2015 and 2017,
highlighted the strategic importance of the scheme,
and the improvements brought about in infrastructure
of state police forces throughout the country.6,8 In
September 2017, the Union Cabinet approved an
outlay of Rs 25,060 crore under the scheme, for the
period 2017-18 to 2019-20.9
For the year 2018-19, Rs 3,157 crore has been
budgeted for the scheme. This is an increase of
22.5% over the 2017-18 revised estimates of Rs
2,577 crore. Figure 6 below shows the amount of
modernisation funds (central and state) made
available between 2010 and 2017. Note that there is
a sharp decline in central funds after 2015-16.
Sources: "Data on Police Organizations", Bureau of Police Research and Development, 2011-17; PRS.
Modernisation of state police forces (MSPF)
scheme
Funds from the MSPF scheme are utilised for
improving police infrastructure through construction
of police stations, and provision of modern
weaponry, surveillance, and communication
equipment. Upgradation of training infrastructure,
police housing, and computerisation are also
important objectives under the scheme.
Some of the issues regarding the MSPF scheme are
analysed below.
Misuse of funds: The Standing Committee on Home
Affairs noted in 2017 that funds meant for mobility,
communication, weapons, and equipment have been
misused by states for procuring vehicles.6 This
misuse was happening despite releasing funds after
obtaining utilisation certificates from states.
Underutilisation of funds: Data from the Bureau of
Police Research and Development, shows that there
has been a persistent problem of underutilisation of
modernisation funds.10 In 2016-17, the centre and
states allocated Rs 2,066 crore for modernisation, of
which Rs 1,546 crore (75%) was utilised. In the
previous year, only 14% of the modernisation funds
was utilised. Figure 7 below shows the level of
utilisation of modernisation funds between 2010-11 and 2016-17.
Construction: Construction of well secured police stations and houses for police personnel is an important component of the scheme.11 The Comptroller and Auditor General (CAG) has observed that there were considerable delays in construction of residential and non-residential buildings in most states.11,12
## Other Expenditure Items Disaster Management
The Ministry of Home Affairs is the nodal ministry for handling all types of disasters other than drought, which is handled by the Ministry of Agriculture.13 It is responsible for various aspects of disaster management including capacity building, mitigation, and response to natural calamities and man-made disasters.6 Table 6 below shows the allocation for various items related to disaster management.
2016-17
Actuals
2017-18
Revised
2018-19
Budget
% Change BE 18- 19/RE 17-18
National Disaster Response Fund*
6,450
3,660
2,500
-31.7%
Relief on Account of Natural Calamities
741
859
955
11.1%
National Disaster Response Force
710
793
864
9.0%
634
630
604
-4.2%
National Cyclone Risk Mitigation Programme (including World Bank assistance) Infrastructure for Disaster Management
141
203
240
18.2%
Some of these allocations and issues related to disaster management are examined below.
## National Disaster Response Fund
The Disaster Management Act, 2005, mandates the
creation of a National Disaster Response Fund and
State Disaster Response Funds.14 Relief assistance is
provided to states from the National Disaster
Response Fund in case of severe natural calamities,
where the State Disaster Response Fund is
insufficient to cover the required expenditure.15
Allocations to the National Disaster Response Fund
are made by the Ministry of Finance, though it is
administratively controlled by the Ministry of Home
Affairs.15 For the year 2018-19, a budgetary
allocation of Rs 2,500 crore has been made to the
fund, which is a 31.7% decrease from the revised
estimates of 2017-18.
The CAG, in 2013, observed that funds have been
released to states from the National Disaster
Response Fund, despite availability of balances in the
State Disaster Response Fund. 16
In 2015, the Standing Committee on Home Affairs
examined the response to Cyclone Hudhud in states
of Andhra Pradesh and Odisha.17 The Committee
recommended that the National Disaster Response
Fund should be expanded to cover reconstruction and
mitigation components of disaster management.
Further, advance amounts should be released to states
when severe calamities occur, without waiting for
assessment and clearance of the central government.
In addition, the Committee found that only sixteen
states (as of December 2015) had created State
Disaster Response Funds.
## National Cyclone Risk Mitigation Project
The National Cyclone Risk Mitigation Project
(NCRMP) was launched by the Ministry of Home
Affairs with the aim of minimising vulnerability in
states and Union Territories that are prone to cyclone
hazards. Key objectives of the project include: (i)
improving early warning dissemination systems, (ii)
construction and maintenance of cyclone shelters,
(iii) improved access and evacuation through
construction of roads and bridges, and (iv) enhance
capacity of local communities to respond to disasters.
For 2018-19, a budgetary allocation of Rs 3.94 crore
has been made to this project. This is a 16.2%
increase from the revised estimates for 2017-18,
which was R 3.4 crore. The Standing Committee on
Home Affairs observed in 2017 that construction
activity under the project had been delayed.6 Many
of the shelters, roads, and bridges were still under
execution, and several other projects were in various
stages of finalisation, environmental clearance, and
the tendering process.
The NCRMP also contains a provision for
expenditure on 'National Cyclone Risk Mitigation
Project with World Bank Assistance', to reduce the
vulnerability of coastal states which are prone to cyclone hazards.6 For 2018-19, a budgetary allocation of Rs 600 crore has been made for this provision. It has decreased by
4.3% from the 2017-18 revised estimates, which was Rs 690 crore.
## National Disaster Response Force
The National Disaster Response Force (NDRF) is a specialised force that is responsible for disaster response and relief. For 2018-19, the budget estimates for the NDRF is Rs 864 crore. This is 9%
1. Demand Nos. 46-55, Demand for Grants, Union Budget 2017- 18.
2. "199th Report: Action taken by the Government on the recommendations/observations contained in the 197th Report on the Demands for Grants (2016-17) of Ministry of Home Affairs", Department Related Standing Committee on Home Affairs, February 8, 2017. 3. "Data on Police Organizations", Bureau of Police Research and Development, 2012-17.
4. "Data on Police Organisations", Bureau of Police Research and Development, 2017, http://bprd.nic.in/WriteReadData/userfiles/file/databook2017.pdf.
5. "Border Security: Capacity Building and Institutions", Department Related Standing Committee on Home Affairs, April 11, 2017, http://164.100.47.5/newcommittee/reports/EnglishCommittees/Co mmittee%20on%20Home%20Affairs/203.pdf.
6. "201st Report: Demands for Grants (2017-18) Ministry of Home Affairs", Department Related Standing Committee on Home Affairs, Rajya Sabha, March 15, 2017, http://164.100.47.5/newcommittee/reports/EnglishCommittees/Co mmittee%20on%20Home%20Affairs/201.pdf. 7. "Major Programmes under Central Assistance for State Plans", Union Budget 2015-16, https://content.indiainfoline.com/budget/2015/ub/bag/bag8.pdf.
8. 185th Report: Demand for Grants (2015-16) Ministry of Home Affairs", Department Related Standing Committee on Home Affairs, April 23, 2015, http://164.100.47.5/newcommittee/reports/EnglishCommittees/Co mmittee%20on%20Home%20Affairs/185.pdf.
9. "Cabinet approves umbrella scheme of Modernisation of Police Forces", Press Information Bureau, 27th September 2017.
10. "Data on Police Organizations", Bureau of Police Research and Development, 2011-17.
11. "Compendium on Performance Audit Reviews on Modernisation of Police Force", Comptroller and Auditor General, http://www.cag.gov.in/sites/default/files/cag_pdf/Compendium_Pe rformance_Audit_Reviews_Modernisation_Police_Force.pdf. 12. "Performance Audit of Modernisation and Strengthening of Police Forces, Government of Uttar Pradesh", Comptroller and Auditor General, higher than the revised estimates of Rs 793 crore, for 2017-18.
## Recruitment Policy
The Ministry of Home Affairs constituted a Task
Force in 2010 to review the Disaster Management
Act, 2005, which submitted its report in 2013.18 The
Task Force noted that personnel in the NDRF are
recruited from different Forces and go back after a
specified period. The skills and expertise that they
develop, may not be available for disaster response
after they leave the force.
http://www.cag.gov.in/sites/default/files/audit_report_files/Report
_No.3_of_2017_Performance_Audit_of_Modernisation_of_Police
_Forces_Government_of_Uttar_Pradesh.pdf.
13. Report of the Fourteenth Finance Commission, Government of
India, 2014,
http://www.thehinducentre.com//multimedia/archive/02321/14th_F
inance_Commi_2321247a.pdf.
14. Sections 46 and 48, Disaster Management Act, 2005.
15. "Operational Guidelines for Constitution and Administration of
the National Disaster Response Fund", Ministry of Home Affairs,
September 28, 2010,
http://doe.gov.in/sites/default/files/Guidelines%20for%20National
%20Disaster%20Response%20Fund%20%28NDRF%29.pdf.
16. "Report of the Comptroller and Auditor General of India on
Performance Audit of Disaster Preparedness in India, 2013",
Comptroller and Auditor General of India, April 23, 2013,
http://www.saiindia.gov.in/english/index.html.
17. "195th Report: Devastations caused by Natural Disaster
Hudhud Cyclone in Andhra Pradesh and Odisha", Department
Related Standing Committee on Home Affairs, December 22,
2015,
http://164.100.47.5/newcommittee/reports/EnglishCommittees/Co
mmittee%20on%20Home%20Affairs/195.pdf.
18. "Report of the Task Force: A Review of the Disaster
Management Act, 2005", Ministry of Home Affairs, March 2013,
http://gbpihedenvis.nic.in/PDFs/Disaster%20Data/Reports/Report_
task_force_Disaster_management_act_2005.pdf.
DISCLAIMER: This document is being furnished to you for your
information. You may choose to reproduce or redistribute this
report for non-commercial purposes in part or in full to any other
person with due acknowledgement of PRS Legislative Research
("PRS"). The opinions expressed herein are entirely those of the
author(s). PRS makes every effort to use reliable and
comprehensive information, but PRS does not represent that the
contents of the report are accurate or complete. PRS is an
independent, not-for-profit group. This document has been
prepared without regard to the objectives or opinions of those who
may receive it.
% Change RE
2017-18 v BE
% Change BE
2018-19 v BE
% Change BE
2018-19 v RE
Major Head
2017-18
Budget
2017-18
Revised
2018-19
Budget
2017-18
2017-18
2017-18
Police
78,000
82,293
5.5%
87,887
12.7%
6.8%
Miscellaneous*
5,100
5,100
0.0%
4,793
-6.0%
-6.0%
UTs without legislature
11,116
12,007
8.0%
11,857
6.7%
-1.2%
Grants & Loans to Delhi & Puducherry
2,241
2,241
0.0%
2,266
1.1%
1.1%
Cabinet
730
750
2.7%
770
5.5%
2.7%
Total
97,187
1,02,391
5.4%
1,07,573
10.7%
5.1%
Source: Union Budget 2017-18; PRS. Note: *Includes expenditure on disaster management, social security, rehabilitation of refugees, migrants, census, civil defence, secretariat.
| Sanctioned | % of |
|---------------|-----------|
| CAPF | |
| Number of | |
| battalions | strength |
| Actual | |
| strength | vacancies |
| CRPF | 239 |
| 8% | |
| | |
| BSF | 186 |
| 2% | |
| | |
| CISF | 395 |
| ITBP | 106 |
| AR | 46 |
| SSB | 69 |
| NSG | - |
| Total | |
| - | |
Source: "Data on Police Organizations", Bureau of Police Research and Development, 2017; PRS. Note: CRPF: Central Reserve Police Force; BSF: Border Security Force; CISF: Central Industrial Security Force; AR: Assam Rifles; ITBP:
Indo Tibetan Police Force; SSB: Sashastra Seema Bal; NSG: National Security Guard.
| | 2011-12 | 2012-13 | 2013-14 | 2014-15 | 2015-16 | 2016-17 | 2017-18 |
|--------|------------|------------|------------|------------|------------|------------|------------|
| CRPF | 8,912 | 9,983 | 11,124 | 12,747 | 14,327 | 16,804 | 18,720 |
| BSF | 8,160 | 9,095 | 10,294 | 11,687 | 12,996 | 14,909 | 16,189 |
| CISF | 3,227 | 3,798 | 4,301 | 4,955 | 5,662 | 6,563 | 7,604 |
| ITBP | 2,022 | 2,506 | 3,051 | 3,399 | 3,773 | 4,641 | 5,073 |
| AR | 2,821 | 2,901 | 3,276 | 3,450 | 3,848 | 4,724 | 4,925 |
| SSB | 1,750 | 2,179 | 2,719 | 3,148 | 3,418 | 4,045 | 4,595 |
| NSG | 502 | 500 | 498 | 527 | 569 | 697 | 946 |
| Total | | | | | | | |
| 27,394 | | 30,962 | | 35,263 | | 39,913 | |
Sources: Union Budget 2013-14 to Union Budget 2017-18; PRS. Notes: Actuals used for all years except 2017-18. Revised Estimates data used for 2017-18; CRPF: Central Reserve Police Force; BSF:
Border Security Force; CISF: Central Industrial Security Force; AR: Assam Rifles; ITBP: Indo Tibetan Police Force; SSB: Sashastra Seema Bal; NSG: National Security Guard.
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
2016-17
Funds available
2,538
1,150
3,289
6,777
6,217
9,203
2,066
Funds utilised
1,928
671
708
5,848
3,566
1,330
1,546
% of utilisation
76%
58%
22%
86%
57%
14%
75%
Sources: "Data on Police Organizations", Bureau of Police Research and Development, 2011-17; PRS.
State government
States
Central government
funds
funds
Total funds
available
Funds utilised
% of utilisation
Andhra Pradesh
22.7
9.5
32.2
NA
NA
Arunachal Pradesh
2.2
2.6
4.7
2.1
44%
Assam
3.7
NA
NA
60.0
NA
Bihar
26.6
17.3
43.9
20.0
46%
Chhattisgarh
0.7
NA
NA
0.7
NA
Goa
1.4
1.6
2.9
0.3
9%
Gujarat
22.5
15.8
38.3
18.7
49%
Haryana
15.5
14.9
30.4
24.4
80%
Himachal Pradesh
0.4
NA
NA
0.4
NA
Jammu & Kashmir
62.6
27.0
89.6
40.0
45%
Jharkhand
22.4
5.9
28.3
13.3
47%
Karnataka
34.7
23.1
57.8
15.8
27%
Kerala
2.0
32.6
34.7
13.1
38%
Madhya Pradesh
3.4
NA
NA
2.0
NA
Maharashtra
10.3
29.1
39.4
5.8
15%
Manipur
6.7
NA
NA
NA
NA
Meghalaya
NA
NA
NA
NA
NA
Mizoram
6.2
0.5
6.7
0.0
1%
Nagaland
1061.0
111.0
1172.0
1172.0
100%
Odisha
15.4
11.6
27.0
14.7
54%
Punjab
31.8
29.2
60.9
15.5
25%
Rajasthan
30.1
21.6
51.7
1.6
3%
Sikkim
2.1
NA
NA
0.3
NA
Tamil Nadu
17.7
11.8
29.5
5.3
18%
Telangana
19.5
13.0
32.4
2.2
7%
Tripura
10.3
0.7
10.9
6.5
59%
Uttar Pradesh
70.0
46.7
116.7
26.3
23%
Uttarakhand
19.2
2.4
21.7
11.9
55%
West Bengal
41.0
48.0
89.0
50.1
56%
Source: Data on Police Organisations 2017, Bureau of Police Research and Development; PRS. NA: Not available.
|
65c43cfe57bc5671070682bb | budget_reports |
## Demand For Grants 2018-19 Analysis Defence
The Ministry of Defence frames policies on defence and security-related matters, and ensure its implementation by the defence services (i.e. Army, Navy and Air Force). In addition, it is responsible for production establishments such as ordnance factories and defence public sector undertakings, research and development organisations, and ancillary services that assist the defence services, such as the Armed Forces Medical Services. This note analyses budgetary allocations and expenditure trends in the Ministry. It also provides insights into key issues affecting the defence sector.
## Overview Of Finances
In 2018-19, the Ministry of Defence has been allocated Rs 4,04,365 crore (including pensions) for expenditure across the various services, production establishments and research and development organisations. This forms 16.6% of the central government's budget of 2018-19 and 2.2% of India's estimated GDP. The allocation to defence Ministry is the highest allocation among all central ministries.
India's defence budget as a percentage of GDP has declined over the years India's defence budget for 2018-19 continues to be 2.2% of GDP, which is similar to last year. In the last eight years, defence budget of the country as a proportion of GDP was highest in 2011-12, when it was 2.4% of GDP. The Standing Committee on Defence in its 2014 report had recommended that India's defence budget should be increased to about
3% of GDP. This would ensure adequate preparedness of the defence services.1
| Year | Defence |
|------------------|------------|
| expenditure | |
| (Rs crore) | |
| Share | |
| of GDP | |
| (%) | |
| Share of central | |
| government | |
| budget (%) | |
| 2011-12 | 2,13,673 |
| 2012-13 | 2,30,642 |
| 2013-14 | 2,54,133 |
| 2014-15 | 2,85,005 |
| 2015-16 | 2,93,920 |
| 2016-17 | 3,51,550 |
| 2017-18 | 3,74,004 |
| 2018-19 | 4,04,365 |
Note: Figures for 2017-18 and 2018-19 are revised estimates and budget estimates, respectively. Sources: Union Budget Documents; Central Statistics Office; PRS.
[email protected]
3rd Floor, Gandharva Mahavidyalaya 212, Deen Dayal Upadhyaya Marg New Delhi - 110002
Tel: (011) 43434035-36, 23234801-02 www.prsindia.org As a share of the total central government budget, the defence budget has been around 16%-18% between 2011-12 and 2018-19. However, this year the defence budget as a share of central government budget has seen a decline of 0.3%, from 16.9% last year to 16.6% this year. According to the Stockholm International Peace Research Institute (SIPRI), India ranks fifth among countries on defence expenditure (in USD as a % of GDP).2 Figure 1 compares India's defence expenditure with that of the top seven defence spenders (USA, China, Russia, Saudi Arabia, France, and UK). While Saudi Arabia's and Russia's defence expenditure as a share of GDP has increased, that of USA and UK has decreased. While China's defence expenditure as a share of GDP has marginally decreased, that of India and France has remained unchanged.
Note: Includes expenditure on armed forces, central paramilitary forces, defence ministry and defence pensions. Sources: Trends in World Military Expenditure 2016, Stockholm International Peace Research Institute; PRS.
Growth of 8% over last year's defence budget The budget of Ministry of Defence is estimated to grow by 8.1% in 2018-19 over revised estimates of 2017-18. In earlier years, defence budget grew at 19% between 2015-16 and 2016-17, and at 4% between 2016-17 and 2017-18. The 8% growth is primarily because of an increase in pensions and salaries of the defence services, and capital outlay. Pensions are expected to grow at 14.6% and salaries at 5.2%. Capital outlay is expected to grow at 8.7%. Capital outlay includes purchase of defence equipment, weaponry, aircrafts, naval ships and land for defence services, production establishments and research organisations.
Major Head
Actual 16-17
Revised 17-18
Budgeted 18-19
% change (RE to BE)
Salaries
86,945
97,989
1,03,096
5.2%
Capital Outlay
86,357
86,488
93,982
8.7%
Pensions
87,826
95,000
1,08,853
14.6%
Stores
42,633
38,972
40,573
4.1%
Others
47,790
55,555
57,861
4.2%
Total
3,51,550
3,74,004
4,04,365
8.1%
Note: Salaries and pensions are of the three services. Pensions include rewards. Capital outlay includes capital expenses for research and development and ordnance factories. Stores includes ammunition, repairs and spares. Others include administration expenses, construction of roads and bridges in border areas and housing. RE is revised estimate and BE is budget estimate. Sources: Expenditure Budget, Union Budget 2018-19; PRS.
Revised Estimates of Expenditure in 2017-18 exceed the Budget Estimates by 4%
Revised estimates of 2017-18 indicate that the Ministry expects to spend Rs 3,74,004 crore, 4% more than what was budgeted for that year (Rs 3,59,854 crore). This is primarily due to the higher expenditure on salaries and pensions of Army, Navy and Air Force, and other expenses such as construction of roads and bridges in border areas and housing. However, expenditure on defence stores has seen a decrease of 6%. Stores include ammunition, petrol, oil, rations, and spares that are key in maintaining defence capital, and ensuring preparedness of the defence forces. The expenditure on capital outlay is expected to be 100% according to the revised estimates of 2017-18.
Salaries and pensions comprise 52% of the budget In 2018-19, salaries and pensions of the defence services form the largest portion of the defence budget (52% of the budget or Rs 2,11,949 crore). This is followed by expenditure on capital outlay (23% or Rs 93,982 crore). The remaining allocation is toward stores, administration of the defence services, construction of roads and bridges, and the Coast Guard organisation.
Allocations do not meet the projected requirements of the defence services Expenditure on the defence services is typically lower than the requirements projected by the defence services. For example, for 2015-16, Army, Navy, and Air Force projected their requirement of funds to be Rs 2,62,336 crore. Of this demand, a sum of Rs 2,27,874 crore was allocated, and of this, Rs 2,10,637 crore was spent.3 This implies a shortfall of 20%.
Note: Expenditure for 2016-17 is updated till December 2016. Sources: 31st Report, Standing Committee on Defence, March 2017; PRS.
Consequently, the defence services have to reprioritise their activities and purchases according to the funds they receive. The Standing Committee has repeatedly noted that this affects expenses on stores (e.g. ammunition, repairs, fuel), and purchase of new defence machinery and equipment.3,4,5 This is because other expenses like pays and pensions are committed liabilities of the government that cannot be defaulted upon. Note that a 2015 CAG audit report has found that 50% of the ammunition stocks with Army were at critically low levels in 2012-13 (i.e., they would last for less than 10 days of intense conflict, while the requirement was to last for 40 days).6 The situation has worsened since 2008-09, when about 15% of the stocks were at critically low levels.6 The Standing Committee in 2016 noted poor capacity of shipyards to carry out maintenance of naval fleets. For example, in the case of INS Sindhukirti, one of the oldest operational submarines with Navy, repairs and upgradation took 10 years, from 2006 to 2016.7
## Declining Share Of Capital Expenditure
In 2018-19, capital expenditure is budgeted at Rs 99,564 crore, and it accounts for 25% of the defence budget. Capital outlay includes expenditure on purchasing defence equipment, weaponry, aircrafts, naval ships, land, and construction of roads and bridges in border areas. This is significantly lower as compared to 2010-11 and 2011-12 when it used to be 33% of the defence budget. Note that in 2017-18, share of capital expenditure was the lowest in the last 10 years, at 24% (Rs 91,461 crore) of the defence budget.
Note: Figures for 2017-18 and 2018-19 are revised estimates and budget estimates, respectively. Sources: Union Budget Documents 2010-11 to 2018-19; PRS.
The remaining defence expenditure is revenue expenditure which includes expenditure on salaries, pensions, stores required for running the defence services and maintenance of equipment and buildings. Share of revenue expenditure is typically high because the Indian defence forces are personnel-intensive, with a sanctioned strength of 14.8 lakh personnel.8 The dip in defence capital expenditure and the simultaneous increase in revenue expenditure from 2016-17 onward may be attributed to the increase in salaries and pensions. This was due to implementation of the One Rank One Pension scheme, and some recommendations of the Seventh Pay Commission (2016-17 onwards).9 The Standing Committee on Defence in 2017 noted that progressively, the budget for capital acquisitions for the services is declining in comparison to revenue allocations, thereby adversely affecting the modernisation process of our armed forces.3
2016-17
2017-18
2018-19
Rev
Cap
Rev
Cap
Rev
Cap
Army
87
13
89
11
89
11
Navy
51
49
54
46
54
46
Air Force
49
51
51
49
51
49
Note: Figures for 2017-18 and 2018-19 are revised estimates and budget estimates, respectively. Sources: Expenditure Budget, Union Budget 2018-19; PRS.
Among the three defence services, Army's expenditure has the smallest capital component (11% of its expenditure is on capital under Budget 2018-19). The Standing Committee on Defence has noted that Army is operating with large scale vintage equipment.5 Further, there is shortfall in number of bulletproof jackets, vehicles, small arms, infantry specialist weapons, surveillance equipment, communication equipment, radars and power generators.5 Given there are ammunition shortfalls in Army as well (as previously mentioned), this may have serious implications for border security and defence preparedness.6 In this context, the Standing Committee has recommended that it is essential to have a revenue capital ratio in favour of the capital segment to ensure all the services are in a war-ready mode.10
## Change In Spending Of Capital Budget
From 2010-11 to 2015-16, underspending of capital budget has been observed. However, in 2016-17, the Ministry budgeted to spend Rs 90,210 crore and actually spent Rs 91,483 (1% greater than the budget estimate). In 2017-18, no underspending or overspending of capital budget is expected, at the revised estimate stage. However, there has been overspending on revenue items, above the budget estimates.
Note: Figure for 2017-18 is revised estimate.
Sources: Union Budget Documents; PRS.
The Standing Committee on Defence has noted two key reasons behind actuals being lower than budget estimates for the capital segment. One, the Ministry of Finance imposes budgetary cuts at the revised estimates stage because of the overall resource constraints of the central government. This affects acquisition of new capital because revenue items like salaries and pensions are committed liabilities of the government. Two, there is an absence of proper planning in defence procurement, and delays in the procurement process, preventing optimum utilisation of the capital budget.3,5 In light of these trends, the Standing Committee in several of its reports has recommended the need for a non-lapsable and roll-on capital allocation.3,10 This will allow unspent balances from a year to be carried over and added to the next year's capital budget. The Committee reiterated this recommendation in its 2017 report on 'Creation of Non-lapsable Capital Fund Account'.11 Key observations and recommendations of the Committee in this respect include:
The Committee noted that defence procurement and acquisition is a complex
process and takes about five to ten years to
materialise. Consequently, funds allocated for it in one financial year may not be completely utilised in that year itself. The Committee recommended that creation of a Non-lapsable Defence Capital Fund Account will ensure that the money allocated for a particular item is spent entirely on the specified item only, if not necessarily in the same financial year.
It also stated that presently, lack of finance delays the procurement of equipment, and arms and ammunition. These delays affect the operational preparedness of defence forces.
It also recommended appointment of an expert committee to monitor the progress of defence procurement and ensure compliance with time schedules across procurement contracts.
Further, the Committee emphasised on need for outcome-oriented planning in defence, under which annual targets must be fixed and implemented for specified categories of defence assets (e.g. artillery and air defence guns, bulletproof jackets, submarines, aircraft, mid-air refuellers).
Note that internationally, defence services endeavour to maintain their capital outlay in the ratio 30:40:30, with 30% for state-of-the-art technology, 40% for current technology and 30% for technology that is becoming obsolete.12 In India, the Ministry of Defence has stated that the reason behind not meeting this standard ratio is insufficient capital budget.
## Significant Expenditure On Committed Liabilities
Payments for purchase of defence assets are generally made over several years, in a phased manner. For example, purchase of defence aircraft may require an upfront payment of about 10%, and the remaining amount may be paid in a phased manner over subsequent years. The upfront payment may be called payment toward a new liability, while payments for contracts from previous years are referred to as committed liabilities. Typically, about 90% of the capital budget is spent on committed liabilities from previous years. In 2016-17, the government estimated to spend Rs 8,590 crore on purchase of new defence equipment and machinery, i.e., about 12% of the capital budget.
liabilities (Rs crore)
| Year | Committed | New | Total | CL as % |
|-------------|--------------|--------|----------|------------|
| Liabilities | Liabilities | of | | |
| (CL) | | | | |
| Capital | | | | |
| Budget | Capital | | | |
| Budget | | | | |
| 2014-15 | 61,158 | 5,402 | 66,560 | 92% |
| 2015-16 | 71,336 | 6,071 | 77,407 | 92% |
| 2016-17 | 61,410 | 8,590 | 70,000 | 88% |
Note: Capital Budget is a total of committed and new liabilities of the defence services and their joint staff. Data for 2017-18 is not available. Sources: 22nd Report, Standing Committee on Defence, May 2016; PRS.
Note that there is a significant shortage of certain kinds of defence equipment and machinery. Navy has 138 vessels and 235 aircrafts, against its requirement of 212 vessels and 458 aircrafts.7
Similarly, against Air Force's requirement of 45
fighter squadrons, it has 33 active fighter squadrons.7 However, in September 2016, the government finalised an agreement with France for supply of direct flyaway of 36 Rafale aircraft between September 2019 and April 2022.13 The Defence Minister in an answer to a question in Rajya Sabha stated that due to an intergovernmental agreement between India and France, more details on this deal could not be made available in the public domain.14 Further, with regard to Air Force, the Ministry of Defence has admitted that the rate at which the fighter aircrafts are retiring exceeds the rate at which their replacements are being inducted.7 Old and obsolete equipment may pose a challenge for modernisation of the defence services.
## Increasing Import Bill
India's defence requirements are met through both imports and domestic sources. However, there is greater reliance on imports. Currently, indigenous content in defence acquisition is about 35%.15 Going forward, the target of the government is to achieve about 70% indigenisation in defence procurement by 2027.15 It may be noted that India was the world's largest importer of arms between 2010-2014.15 According to SIPRI, its share of international arms imports was 15% in this period.15 Some of the countries from which India imports defence equipment are: Russia, USA, Israel and, France.3 The kind of equipment imported includes aircrafts, unmanned aerial vehicles, helicopters, and ammunition.3 The Standing Committee on Defence in 2017 noted that India's defence import bill has been increasing over the years.3 The Committee also observed that a substantial percentage of raw materials and parts used by Defence Public Sector Undertakings are procured from outside India. For example, the import component of equipment manufactured by Hindustan Aeronautics Limited ranges from 44% to 60%, and Bharat Electronics Limited ranges from 36% to 44%. Between 2013-14 and 2015-16, India signed 150
contracts, with a total value of Rs 1,36,664 crore.3
Of these, 94 contracts worth Rs 82,980 crore were signed with Indian vendors and 56 contracts worth Rs 53,684 crore were signed with foreign vendors (including Russia (12 contracts), USA (13), Israel (10) and France (5)). In March 2016, the government replaced the earlier guidelines regulating defence procurement with the Defence Procurement Procedure, 2016 to address delays and other issues in defence procurement.16 In January 2017, the Defence Acquisition Council cleared an amendment to the Defence Procurement Procedure 2016, related to the 'Make' procedure.
Projects under this procedure should be indigenously designed and developed, with a minimum of 40% indigenous content.17 The amendment, known as 'Make-II', seeks to simplify the procedure for indigenous manufacture and development of defence equipment.18,19
## Salaries And Pensions
The two significant components of revenue expenditure in the defence budget are: (i) salaries (25% of the defence budget), and (ii) pensions (27%), of the three services. In 2018-19, budget for pensions is higher than that for salaries. As Army is a personnel-intensive defence service, a significant part of both the salary and pensions budget is spent on its personnel (current and former). In 2018-19, of the salaries budget, 78% will be spent on Army, 6% on Navy and 16% on Air Force. Similarly, of the pensions budget, 88%, 4% and 8% will be spent on Army, Navy and Air Force, respectively.
| Revised | Budgeted |
|------------|-------------|
| | |
| Actual | |
| 16-17 | 17-18 |
| % change | |
| (RE to BE) | |
| | |
| Salaries | |
| | |
| | |
| Army | |
| 70,443 | 77,005 |
| 5.1% | |
| Navy | |
| 4,987 | 5,857 |
| 2.8% | |
| Air | |
| Force | |
| 11,515 | 15,126 |
| 6.6% | |
| Total | 86,945 |
| | |
| Pensions | |
| | |
| Army | |
| 77,658 | 83,722 |
| 14.6% | |
| Navy | |
| 3,575 | 4,172 |
| 15.9% | |
| Air | |
| Force | |
| 6,581 | 7,070 |
| 13.6% | |
| Total | 87,814 |
Note: RE is revised estimate and BE is budget estimate. Sources: Expenditure Budget, Union Budget 2018-19; PRS.
Salaries: In 2018-19, Rs 1,03,096 crore has been allocated for pays and allowances of the servicemen and servicewomen. This is an increase of 5.2% over the revised estimates of last year. The government accepted recommendations of the Seventh Pay Commission regarding increase in salaries and allowances for defence personnel in 2016.9 However, it is unclear how much has been allocated for implementation of these recommendations so far. As of August 2016, the sanctioned strength of the defence services is 14.8 lakh personnel.8 However, there are 5% vacancies (73,402 vacancies) within the forces, with the Navy having maximum vacancies at 14%.
Authorised
Actual
Vacancies
% Vacancies
Army
12,52,090
12,00,255
51,835
4%
Navy
79,023
67,865
11,158
14%
Air Force
1,50,840
1,40,431
10,409
7%
Total
14,81,953
14,08,551
73,402
5%
Sources: Unstarred Question No. 4484, Lok Sabha, August 12, 2016; PRS.
Pensions: In 2018-19, Rs 1,08,818 crore has been allocated for pensions of ex-servicemen, an increase of 15% over the revised estimates of 2017- 18. The increase in pensions is greater than the increase in salaries. This increase is due to the implementation of the One Rank One Pension Rule (OROP) being implemented by the government. Under OROP, uniform pensions are being paid to armed forces personnel retiring at the same rank with the same length of service, irrespective of the date of retirement. Further, future increases in rates of pension will be automatically passed on to existing pensioners through a revision carried out every five years. OROP is being implemented retrospectively from July 1, 2014. It covers 20,63,529 beneficiary pensioners. Upto September 2017, Rs 10,722 crores has been released to 20,42,892 defence forces pensioners / family pensioners on account of OROP in four instalments.20 Note that ex-servicemen associations have been demanding changes to the methodology of calculating pension, periodicity of its revision, coverage of ex-servicemen who take premature retirement under OROP, etc. The government had set up a judicial committee under Justice L. Narasimha Reddy to inquire into some of these anomalies of implementation. The committee submitted its report on October 26, 2016, but the report is not yet in the public domain.21 The government constituted an internal Committee in July 2017 to examine the recommendations of the judicial committee with respect to feasibility and financial aspects.20 The CAG undertook an audit of disbursement of defence pensions. It submitted its report in July
2017 and observed certain deficiencies in the Pension Disbursement System.22 These include: (i) incomplete accounting of pension expenditure; and (ii) inefficiencies in the pension authorisation process. It noted that transmission errors as well as other mistakes in banks, which account for nearly 75% of the pension disbursements, had resulted in numerous cases of underpayments and overpayments. It recommended that Pension Payment Orders should be sent by the Pension Sanctioning Authorities directly to the Pension Disbursement Agencies, in electronic form.
## Resettlement Of Ex-Serviceman
The Standing Committee on Defence examined the issue of rehabilitation and welfare of ex-
1 "2nd Report: Demand for Grants (2014-15) General Defence Budget", Standing Committee on Defence, December 22, 2014, http://164.100.47.193/lsscommittee/Defence/16_Defence_2.pdf. 2 Trends in World Military Expenditure 2015, Stockholm International Peace Research Institute, 2017, https://www.sipri.org/sites/default/files/Milex-share-of- GDP.pdf. 3 "31st Report: Demand for Grants (2017-18) Capital Outlay on Defence Services, Procurement Policy and Defence Planning", Standing Committee on Defence, March 2017. 4 "19th Report: Demand for Grants (2016-17) General Defence Budget, Civil Expenditure and Defence Pensions", Standing Committee on Defence, May 3, 2016, http://164.100.47.193/lsscommittee/Defence/16_Defence_19.pdf . 5 "29th Report: Demand for Grants (2017-18) Army, Navy and Air Force", Standing Committee on Defence, March 2017.
6 "Report of the Comptroller and Auditor General of India on Ammunition Management in Army", Performance Audit 19 of
2015, http://www.saiindia.gov.in/english/home/Our_Products/Audit _Report/Government_Wise/union_audit/recent_reports/union _performance/2015/Defence/Report_19/Report_19.html. 7 "20th Report: Demand for Grants (2016-17) Army Navy and Air Force", Standing Committee on Defence, May 3, 2016,
"http://164.100.47.193/lsscommittee/Defence/16_Defence_20.p df. 8 Unstarred Question No. 4484, Lok Sabha, August 12, 2016, http://164.100.47.190/loksabhaquestions/annex/9/AU4484.pdf. 9 Seventh Central Pay Commission Report, November 2015, http://7cpc.india.gov.in/pdf/sevencpcreport.pdf. 10 "22nd Report: Demand for Grants (2016-17) Capital Outlay on Defence Services, Procurement Policy and Defence Planning", Standing Committee on Defence, May 3, 2016, http://164.100.47.193/lsscommittee/Defence/16_Defence_22.pdf . 11 "32nd Report: Creation of Non-Lapsable Capital Fund Account, Instead of The Present System", Ministry of Defence, August 2017; http://164.100.47.193/lsscommittee/Defence/16_Defence_32.pdf . 12 "6th Report: Demand for Grants (2015-16) Civil Expenditure of the Ministry of Defence and Capital Outlay on Defence servicemen.23 It noted that every year, nearly 60,000 armed forces personnel retire or are released from active service, and most of them are in the age bracket of 35-45 years. It highlighted that Directorate General Resettlement (DGR) under the Ministry of Defence currently does not have any powers to ensure that central government organisations that have not prescribed a certain percentage of vacancies for ex-servicemen do so. This was because directions of DGR are presently only executive in nature. It noted that reservations made for SCs, STs, OBCs, and Persons with Disability (PWD) are statutorily backed and consequently, implemented by all central government organisations. The Committee recommended that the DGR should be re-structured and granted statutory powers. It also gave recommendations to increase: (i) percentage of reservation in specific grade services in central government jobs and (ii) re-settlement of ex-servicemen through skill development courses.
13 Starred Question No. 225, Rajya Sabha, December 6, 2016. 14 Unstarred Question No. 168, Rajya Sabha, February 5, 2018. 15 "Report of the Experts Committee for Amendments to DPP 2013 including Formulation of Policy Framework", Ministry of Defence, July 2015, http://mod.nic.in/writereaddata/Reportddp.pdf. 16 Defence Procurement Procedure, 2016, March 2016, http://mod.nic.in/writereaddata/dppm.pdf.pdf. 17 Defence Procurement Procedure 2016 (Chapters I to V), Ministry of Defence, https://mod.gov.in/sites/default/files/DPP- 2016.pdf. 18 "Simplified 'Make-II': Major Steps Towards 'Make in India'
in Defence Production", Press Information Bureau, Ministry of Defence, January 17, 2018. 19 "DAC simplifies procedure to develop defence equipment through Indian industry; clears procurements of assault rifles and carbines worth Rs 3,547 crore", Press Information Bureau, Ministry of Defence, January 16, 2018. 20 Unstarred Question No. 211, Rajya Sabha, December 18, 2017. 21 "Protest by ex-servicemen over OROP", Press Information Bureau, Ministry of Defence, November 29, 2016. 22 "Report of the Comptroller and Auditor General of India on Disbursement of Defence Pension", Performance Audit 26 of
2017, July 2017, http://cag.gov.in/content/report-no26-2017- performance-audit-union-government-disbursement-defencepension-reports. 23 "33nd Report: Resettlement of Ex-servicemen", Ministry of Defence, August 2017; http://164.100.47.193/lsscommittee/Defence/16_Defence_33.pdf . DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research ("PRS"). The opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it. |
65c43cfe57bc5671070682a4 | budget_reports |
## Demand For Grants 2020-21 Analysis Jal Shakti
The Ministry of Jal Shakti is responsible for the
development, maintenance and efficient use of
water resources in the country and coordination of
drinking water and sanitation programs in rural
areas. The Ministry was created in 2019 by
integrating the Ministries of: (i) water resources,
river development, and Ganga rejuvenation, and (ii)
drinking water and sanitation.
This note presents budgetary allocations to the
Ministry of Jal Shakti, and analyses various issues
related to water resources in the country and the
schemes implemented by the Ministry.
## Allocations In Union Budget 2020-21
In 2020-21, the Ministry of Jal Shakti received an
allocation of Rs 30,478 crore. This is an increase
of Rs 4,600 crore (18%) over the revised estimates
of 2019-20. Table 1 provides details on allocations
to the two departments under the Ministry.
Budgeted
Department
Actuals
(18-19)
Revised
(19-20)
(20-21)
% change
(RE to BE)
18,412
18,360
21,518
17%
Drinking Water and Sanitation Water Resources
7,422
7,518
8,960
19%
Total
25,834
25,878
30,478
18%
Note: BE is budget estimate and RE is revised estimate. Sources: Demands for Grants 2020-21, Ministry of Jal Shakti;
PRS.
## Policy Proposals For Jal Shakti In Union Budget 2020-21
Cities with over a million population will be encouraged to provide piped water supply to all households in 2020.
The government will focus on solid waste collection, source segregation, and processing.
## Department Of Drinking Water And Sanitation
The Department of Drinking Water and
Sanitation administers programs for safe drinking
water and sanitation in rural areas. It is responsible
for the monitoring and implementation of Swachh
Bharat Mission-Gramin and the Jal Jeevan Mission
(the National Rural Drinking Water Programme).1
The Department has an allocation of Rs 21,518
crore, accounting for 71% of the Ministry's
allocation. This was a 17% increase in allocation
over the revised estimates of 2019-20.
Prachi Kaur [email protected] PRS Legislative Research Institute for Policy Research Studies
3rd Floor, Gandharva Mahavidyalaya 212, Deen Dayal Upadhyaya Marg New Delhi - 110002
Tel: (011) 43434035, 23234801 www.prsindia.org
Over the past 10 years, the expenditure by the
Department of Drinking Water and Sanitation
increased at an annual growth rate of 9%. In the
last ten years, the Department saw the highest
increase in expenditure (49%) in 2016-17, over the
previous year. Figure 1 below shows the trends in
expenditure by the Department in the last decade.
Note: Values for 2019-20 are revised estimates and 2020-21 are budget estimates. Allocations before 2019-20 were towards the erstwhile Ministry of Drinking Water and Sanitation. Sources: Union Budgets 2010-11 to 2020-21; PRS.
From 2011-12 (when the Department of drinking
water and sanitation was created) to 2014-15, the
Department's expenditure was focused on drinking
water. From 2015 to 2019, the focus of
expenditure shifted on rural sanitation. However,
since 2019-20 the allocation towards both the
schemes has been approximately equal.
budget estimates. Sources: Union Budgets 2011-12 to 2020-21; PRS.
Figure 3 shows the expenditure utilisation by the Department over the last nine years (% change between actual expenditure and budgeted expenditure). Between 2011-15, the actual expenditure was lower than the budgeted expenditure. During 2015-18, the Department spent more than the allocated amount. The actual expenditure in 2015-16 was 78% higher than the budgeted expenditure for the year. However, in 2018-19 and 2019-20 (revised estimate), the expenditure was again less than the budget estimate for these years.
Note: The expenditure figure for 2019-20 is revised estimate. Sources: Union Budgets 2011-12 to 2020-21; PRS.
## Schemes Under The Department Of Drinking Water And Sanitation
Expenditure by the Department is primarily towards the two major schemes, the Jal Jeevan Mission (JJM) and the Swachh Bharat Mission- Gramin (SBM-G). Table 2 provides details on allocation to the Department over the past three years.
| Revised | Budgeted | Major |
|------------|-------------|----------|
| head | | |
| Actual | | |
| 18-19 | 19-20 | 20-21 |
| % change | | |
| (20-21 BE/ | | |
| 19-20 RE) | | |
| JJM | 5,484 | 10,001 |
| SBM-G | 12,913 | 8,338 |
| Others | 15 | 21 |
| Total | 18,412 | 18,360 |
Note: RE is Revised Estimates, BE is Budget Estimates. Sources: Demands for Grants 2020-21, Department of Drinking Water and Sanitation; PRS.
JJM aims to provide adequate and safe drinking water to the rural population in the country. It has been allocated Rs 11,500 crore in 2020-21, which is a 15% increase over the revised estimates of 2019-20. SBM-G aims to achieve universal sanitation coverage and improve cleanliness in the country. It has been allocated Rs 9,994 crore in 2020-21, which is a 20% increase over the revised estimates of 2019-20.
## Department Of Water Resources
The Department of Water Resources, River Development, and Ganga Rejuvenation is responsible for: (i) planning, policy formation, and
coordination of water resources in the country, (ii)
scrutiny and monitoring of irrigation and flood
control projects, (iii) supporting state level
activities for ground water development, and (iv)
reduction of pollution and rejuvenation of rivers.2
In 2020-21, the Department has an allocation of Rs
8,960 crore, accounting for 29% of the Ministry's
allocation. This is 19% higher than the revised
estimates of 2019-20. In the past six years,
expenditure by the Department of Water Resources
has increased at an annual growth rate of 5%.
Note: Values for 2019-20 and 2020-21 are revised estimates and budget estimates respectively.
Sources: Union Budgets 2015-16 to 2020-21; PRS.
## Major Schemes Under The Department Of Water Resources
In 2020-21, 57% of the Department's expenditure
is estimated to be on the Pradhan Mantri Krishi
Sinchai Yojna. This is followed by the National
River Conservation Plan (9.4%), Namami Gange
(8.9%), and Water Resources Management (8.6%).
## Of Water Resources (In Rs Crore)
Budgeted
Major Head
Actuals
(18-19)
Revised
(19-20)
(20-21)
% change
(RE to BE)
PM Krishi Sinchai Yojna
3,439
4,026
5,127
27%
National River Conservation
1,620
1,200
840
-30%
Namami Gange
688
353
800
127%
Water Resources Management
569
636
775
22%
Central Water Commission
362
403
403
0%
Central Ground Water Board
227
243
245
0%
Others
1,106
1,303
1,418
9%
Total
7,422
7,518
8,960
19%
Note: BE is budget estimate and RE is revised estimate. Others
include central sector projects like river basin management, and
major irrigation projects.
Sources: Demands for Grants 2020-21, Department of Water
Resources, River Development, and Ganga Rejuvenation,
Ministry of Jal Shakti; PRS.
## Issues To Consider Irrigation
The Economic Survey (2016-17) highlighted that
52% of the total net sown area in India is unirrigated and depends on rainfall for agriculture.3 It noted that when rainfall is significantly less than usual, the unirrigated areas have higher adverse effects compared to the irrigated areas. Therefore, it argues that India needs to spread its irrigation cover. The Pradhan Mantri Krishi Sinchai Yojana (PMKSY) was launched during 2015-16.4 The scheme seeks to: (i) expand coverage of irrigation, (ii) improve water use efficiency on farms, and (iii) introduce sustainable water conservation practices.5 The Jal Shakti Ministry implements certain components of the scheme, such as PMKSY - Har Khet Ko Pani and Flood Management and Borders Area Programme.4 The other components of the scheme are implemented by the Ministry of Agriculture and Farmers Welfare and the Ministry of Rural Development.
Utilisation: Figure 5 shows the expenditure on the scheme from 2016-17 to 2020-21. The scheme has been allocated Rs 5,127 crore in 2020-21. Its share in the Department's expenditure increased from 35% in 2016-17 to 57% in 2020-21.
Har Khet ko Pani: This scheme's objectives include: (i) creation of new water sources, (ii) restoration and repair of traditional water bodies, (iii) command area development, and (iv) strengthening of distribution network from irrigation sources to the farm.6,7 Some components of the scheme are: Accelerated Irrigation Benefit Programme (AIBP): Under this scheme, financial assistance is being provided for faster completion of irrigation projects. From June to December 2019, of the target 43 lakh hectare, projects in 29 lakh hectare (69%) were completed.8
Of the 106 projects selected under the scheme, 21 (20%) projects are facing constraints such as land acquisition, legal, and contractual issues.8
Command Area Development and Water
Management Programme: The objective of the
programme is to enhance utilisation of irrigation
potential created. This is achieved through
activities such as construction of field channels,
land levelling, and reclamation of waterlogged
area.9 Currently, there are 88 projects under the
programme, of which only 12 (14%) have achieved
more than 50% physical progress.10
## Flood Management
The National Water Policy (2012) identifies that
the climate change has deepened incidences of
water related disasters like floods, increased
erosion and increased frequency of droughts.11 The
centre supports states by providing financial
assistance for undertaking flood management
works in critical areas through the Flood
Management and Border Areas Programme (under
PMKSY). From 2016-17 to November 2019,
central assistance of Rs 1,429 crore has been
released under the scheme.12
The Standing Committee on Water Resources
(2017-18) notes that out of 522 flood management
works approved under the programme during 2007-
17, only 298 (57%) were completed up to March 31
2017.13 Further, in most of the projects, the
financial progress was in the range of 10% to 30%,
due to less release of funds because of inadequate
budget allocation.13
## Conservation And Rejuvenation Of Rivers
The Ministry of Jal Shakti implements the Namami
Gange Mission with the objective of rejuvenation
of river Ganga and its tributaries through activities
such as treatment of municipal sewage and
industrial effluents, river surface cleaning, rural
sanitation, and afforestation.14 Currently, 114
(37%) of the 310 projects sanctioned under the
Mission have been completed.15
The scheme was launched with a budget outlay of
Rs 20,000 crore for the period 2015-2020.16 During
the period 2014-15 to 2018-19, Rs 6,106 crore
(31%) has been spent on the programme.16 In
2020-21, the scheme has been allocated Rs 800
crore, which is 126% more than the revised
estimates for 2019-20.
Table 4 shows the trends in budget allocation and
actual expenditure on Namami Gange from 2015-
16. Note that the utilisation under the scheme has
always been under 50% of its allocation.
Namami Gange (in Rs crore)
| Year | Budgeted | Actuals |
|----------|-------------|------------|
| % of | | |
| Budgeted | | |
| 2015-16 | - | 100 |
| 2016-17 | - | 1,675 |
| 2017-18 | 2,300 | 700 |
| 2018-19 | 2,300 | 688 |
| 2019-20 | 750 | 353 |
Note: The 'actuals' figure for 2019-20 is the revised estimate. Sources: Union Budgets 2015-16 to 2019-20; PRS.
The Standing Committee on Water Resources (2017-18) notes that the physical progress under the scheme has not been satisfactory.17 In response to the Committee's observations, the Ministry responded that the following bottlenecks affect the implementation of projects: (i) delay in tendering process, (ii) non-availability of land for sewage treatment plants leading to delay in execution of projects, (iii) underutilisation of sewage treatment plants' capacities due to inadequate house sewer connections in cities, and (iv) non-effective implementation of public outreach programmes and community consultation, among others.17
## Swachh Bharat Mission - Gramin
In 2014, the Swachh Bharat Mission (Gramin) was launched by restructuring the Nirmal Bharat Abhiyan.18 The Mission aimed to achieve universal sanitation coverage, improve cleanliness and eliminate open defecation in the country by October 2, 2019.19 In 2020-21, the Mission has been allocated Rs 9,994 crore, which is an increase of 20% from the revised estimate of 2019-20. The expenditure on towards rural sanitation schemes has increased from Rs 1,580 crore in 2010-11 to Rs 12,913 crore in 2018-19.
Note: Values for 2019-20 and 2020-21 are revised estimates and budget estimates respectively. Sources: Union Budgets 2009-10 to 2020-21; PRS.
Figure 6 shows the expenditure on the scheme from
2009-10 to 2020-21. Expenditure on rural
sanitation has increased at an annual growth rate of
21% from 2009-10 to 2020-21. A significant part
of this increase was seen from 2015-16 onwards,
after the launch of SBM-G.
Table 5 shows the trends in budget allocation and
actual expenditure on rural sanitation over the past
11 years. Note that from 2015-16 to 2017-18,
actual expenditure on SBM-G exceeded the budget
estimates.
Table 5: Budgeted versus actual expenditure on SBM-G (in Rs crore)
Year
Budgeted
Actuals
% of Budgeted
2009-10
1,080
1,200
111%
2010-11
1,580
1,580
100%
2011-12
1,650
1,500
91%
2012-13
3,500
2,474
71%
2013-14
3,834
2,244
59%
2014-15
4,260
2,841
67%
2015-16
3,625
6,703
185%
2016-17
9,000
10,484
116%
2017-18
13,948
16,888
121%
2018-19
15,343
12,913
84%
2019-20
9,994
8,338
83%
Note: The 'utilised' figure for 2019-20 is the revised estimate. Sources: Union Budgets 2009-10 to 2019-20; PRS.
Construction of Individual Household Latrines
(IHHLs): The cost for constructing a household
toilet was increased from Rs 10,000 to Rs 12,000 in
September 2014 when the Nirmal Bharat Abhiyan
was restructured into SBM-G.20 This cost for
constructing toilets is shared between the centre
and the state in the ratio of 60:40. Table 6 gives
the number of household toilets constructed since
the inception of the scheme.
| Year | Toilets Constructed |
|---------|------------------------|
| 2014-15 | 48,51,153 |
| 2015-16 | 1,24,48,886 |
| 2016-17 | 2,16,32,580 |
| 2017-18 | 2,96,01,619 |
| 2018-19 | 2,24,49,812 |
| 2019-20 | 1,18,83,221 |
| Total | 10,28,67,271 |
Sources: SBM Dashboard, Ministry of Jal Shakti; PRS.
As per the Department, 43.2% of the rural
households had access to toilets in in 2014-15,
which has increased to 100% in February 2020.21
Figure 7 illustrates the total coverage of household
toilets since the inception of the SBM programme.
Open Defecation Free (ODF) villages: Under SBM-G, a village is declared as ODF when: (i) there are no visible faeces in the village, and (ii) every household as well as public institution uses safe technology options for faecal disposal.22 After a village declares itself as ODF, states are required to verify the ODF status of such a village. Since sanitation is a state subject, the department has set some broad guidelines for ODF verification. This includes indicators that are in accordance with the ODF verification definition, such as access to a toilet facility and its usage, and safe disposal of faecal matter through septic tanks. The guidelines for ODF state that since it is not a one-time process, at least two verifications must be carried out.23 The first verification must be carried out within three months of the declaration to verify the ODF status. Further, to ensure sustainability of ODF, a second verification must be carried out around six months after the first verification. As per the Management Information System of SBM-G, a total of 6,03,175 villages across 706
districts and 36 states and union territories have been declared as ODF as of February 2020. Of these, 5,99,266 villages (99.4%) have been verified as ODF under the first level verification.24 1,66,047 (28%) of these villages have been verified ODF under the second level verification.25 Statewise details on the number of villages declared and verified ODF are presented in the annexure.
## Jal Jeevan Mission
The Jal Jeevan Mission was launched in 2019 with the aim to provide functional household tap connection to every rural household by 2024.26 It subsumed the National Rural Drinking Water Programme. The total estimated cost of JJM is Rs 3.6 lakh crore.26 In 2020-21 it has been allocated Rs 11,500 crore, which is an increase of 15% from the revised estimates of 2019-20. In 2019-20, the scheme was allocated Rs 10,001 crore which remained the same in the revised estimate stage. Figure 8 shows the
expenditure on drinking water schemes over the last nine years.
Values for 2019-20 and 2020-21 are revised estimates and budget estimates respectively. Sources: Union Budgets 2009-10 to 2018-19; PRS.
After a reduction in expenditure on the scheme
from 2015-16 to 2018-19, the expenditure on the
scheme increased from 2019-20 onwards. Note
that expenditure on the scheme from 2019-20 is
similar to the expenditure on it before 2015-16.
Target versus achievements: JJM aims to
provide functional household tap connections to
every household at the rate of 55 Litres Per Capita
Per Day (LPCD).
The coverage of the National Rural Drinking Water
Programme (NRDWP) was monitored in terms of
habitations having provision of minimum 40 LPCD
of potable drinking water sources at a reasonable
distance. Table 7 gives details on rural habitations
and population covered under NRDWP. State
details of coverage of rural habitations under the
scheme are provided in the Annexure.27
%
Drinking water sources
Population
% Rural
habitation
covered
covered
More than 40 LPCD
81%
77%
Less than 40 LPCD
16%
19%
Water with quality issues
3%
4%
Note: The data is as reported by states as of December 2019. Source: Starred Question No. 351, Department of Drinking Water and Sanitation, Ministry of Jal Shakti, Lok Sabha; PRS.
Note that the coverage of piped-water-supply
remains low. As of December 2019, only 18.4% of
rural households have piped-water supply
connections.28
Contamination of drinking water: The Estimates
Committee in its report on 'Evaluation of Rural
Drinking Water Programmes' (2015) had noted that
NRDWP is over-dependant on ground water.29 It
also noted that ground water is affected by arsenic
and other contaminants in several districts of the country. Table 8 shows the number of habitations affected due to the presence of Flouride, Arsenic, Iron, Nitrate and other contaminants. As of January
2019, 3.6% (61,551) of the total habitations (17,24,423) were affected by contamination of ground water.30
| Contaminants | Number of affected | % of affected |
|-----------------|-----------------------|------------------|
| habitations | habitations | |
| Arsenic | 15,795 | 0.9% |
| Fluoride | 9,655 | 0.6% |
| Heavy Metal | 2,106 | 0.1% |
| Iron | 18,939 | 1.1% |
| Nitrate | 1,562 | 0.1% |
| Salinity | 13,494 | 0.8% |
| Total | 61,551 | 3.6% |
The National Water Quality Sub-Mission (NWQSM) was launched in March 2017 to provide safe drinking water to 27,544 Arsenic/Fluoride affected rural habitations in the country, over a span of four years.31 The Standing Committee on Drinking Water and Sanitation (2019-20) observed that out of these, 11,884 habitations (43%) have been covered under the scheme. 4,100 habitations (15%) have been found with quality improved on retesting or have been covered under state plan schemes.31
## Ground Water Depletion
Currently, 245 Billion Cubic Meter (BCM) of the 398 BCM of net annual ground water availability (62%) is being utilised.32 However, note that ground water development is not uniform across states in India. It has exceeded 100% in some
3 Climate, Climate Change and Agriculture, Economic Survey 2016-17, https://mofapp.nic.in/economicsurvey/economicsurvey/pdf/082- 101_Chapter_06_ENGLISH_Vol_01_2017-18.pdf. 4 Lok Sabha Unstarred Question No.2045, Ministry of Jal Shakti, July 4, 2019, http://164.100.24.220/loksabhaquestions/annex/171/AU2054.pd f. 5 Website, Pradhan Mantri Krshi Sinchaee Yojna, last accessed on February 4, 2020, https://pmksy.gov.in/. 6 Demand no. 61, Department of Water Resources, River Development and Ganga Rejuvenation, Union Budget 2020-21, https://www.indiabudget.gov.in/doc/eb/sbe61.pdf.
states such as Haryana (133%), Delhi (137%), and
Punjab (172%). This implies that the annual
ground water utilisation in these states is higher
than the net annual ground water availability.
The Ground Water Management and Regulation
scheme was launched in 2008 with the aim to
regulate and control the development of ground
water resources of the country.33
Note: Values for 2019-20 are revised estimates and 2020-21 are budget estimates. Sources: Union Budgets 2011-12 to 2020-21; PRS.
Over the past ten years, the expenditure on the
scheme increased at an annual growth rate of 9%.
In 2020-21, the estimated expenditure is 13% more
than the revised expenditure estimates of 2019-20.
These trends are illustrated in Figure 9.
The Standing Committee on Water Resources
(2019-20) recommended the Ministry to increase
the budgetary support for the scheme and formulate
short term and long term policies and programmes
in consultation with states. The Committee also
recommended the Ministry to constitute an Expert
Committee for identifying specific regions with
rapidly depleting groundwater levels.
8 Dashboard, Pradhan Mantri Krshi Sinchaee Yojna -
Accelerated Irrigation Benefit Programme, Ministry of Jal
Shakti, last accessed on February 4, 2020,http://pmksy-
mowr.nic.in/aibp/.
9 Salient features, Pradhan Mantri Krshi Sinchaee Yojna,
Ministry of Jal Shakti, http://mowr.gov.in/programmes/salient-
features.
10 Dashboard, Common Area Development Programme,
Ministry of Jal Shakti, last accessed on February 4, 2020,
http://cadwm.gov.in/cadwm-dashboard/.
11 National Water Policy (2012), Ministry of Water Resources,
http://mowr.gov.in/sites/default/files/NWP2012Eng6495132651
_1.pdf.
12 Lok Sabha Starred Question No.251, Ministry of Jal Shakti,
December 5, 2019,
http://164.100.24.220/loksabhaquestions/annex/172/AS251.pdf.
13 "20th Standing Committee on Water Resources (2017-18)",
Ministry of Water Resources, River Development and Ganga
19 About SBM, Swachh Bharat Mission-Gramin, http://swachhbharatmission.gov.in/SBMCMS/about-us.htm. 20 Review of Sanitation Programme in Rural Areas, Committee on Estimates 2014-15, Lok Sabha, http://164.100.47.193/lsscommittee/Estimates/16_Estimates_8.pdf. 21 Swachh Bharat Mission- Gramin, Ministry of Jal Shakti, last accessed on February 9, 2020, http://sbm.gov.in/sbmdashboard/IHHL.aspx. 22 Open Defecation Free (ODF) Sustainability Guidelines, Ministry of Drinking Water and Sanitation, http://swachhbharatmission.gov.in/sbmcms/writereaddata/images/pdf/guidelines/Guidelines-ODF-sustainability.pdf. 23 Swachh Bharat Mission- Gramin Guidelines, Ministry of Jal Shakti, last accessed on February 9, 2020, https://jalshaktiddws.gov.in/sites/default/files/SBM%28G%29_Guidelines.pdf 24 Swachh Bharat Mission- Gramin Dashboard, last accessed on February 4, 2020, https://sbm.gov.in/sbmdashboard/ODF.aspx. 25 Status of Declared and Verified villages, Swachh Bharat Mission- Gramin Dashboard, Ministry of Jal Shakti, last accessed on February 4, 2020, https://sbm.gov.in/sbmReport/Report/Physical/SBM_VillageODFMarkStatus.aspx. 26 Background on Jal Jeevan Mission, Ministry of Jal Shakti, https://jalshakti-ddws.gov.in/sites/default/files/JJM_note.pdf. 27 Lok Sabha Starred Question No. 351, Department of Drinking Water and Sanitation, Ministry of Jal Shakti, answered on December 12, 2019, http://164.100.24.220/loksabhaquestions/annex/172/AS351.pdf. 28 Lok Sabha Unstarred Question No. 2990, Department of Drinking Water and Sanitation, Ministry of Jal Shakti, answered on December 5, 2019, http://164.100.24.220/loksabhaquestions/annex/172/AU2990.pdf. 29 Evaluation of Rural Drinking Water Programmes, Committee on Estimates 2014-15, Lok Sabha, http://164.100.47.193/lsscommittee/Estimates/16_Estimates_2.pdf. 30 Rajya Sabha Unstarred Question No. 2738, Ministry of Drinking Water and Sanitation, Rajya Sabha, answered on January 7, 2019. 31 "Standing Committee on Water Resources (2019-20)", Ministry of Jal Shakti - Department of Drinking Water and Sanitation, Demand for Grants (2019-20), http://164.100.47.193/lsscommittee/Water%20Resources/17_Water_Resources_2.pdf. 32 Review of Ground Water Scenario, need for a comprehensive policy', Standing Committee on Water Resources, Ministry of Water Resources, December 2015, http://164.100.47.193/lsscommittee/Water%20Resources/16_Water_Resources_5.pdf. 33 Lok Sabha Unstarred Question No.737, Ministry of Jal Shakti, November 21, 2019, http://164.100.24.220/loksabhaquestions/annex/172/AU737.pdf.
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## Annexure
| Total | Total | Total Verified |
|------------------------|----------|--------------------|
| State | | |
| Total | | |
| Villages | declared | Verified |
| % Verified | | |
| 2nd level | | |
| Andaman and Nicobar | | |
| Islands | | |
| 192 | 192 | 192 |
| Andhra Pradesh | 18,841 | 18,841 |
| Arunachal Pradesh | 5,389 | 5,389 |
| Assam | 25,503 | 25,503 |
| Bihar | 38,691 | 38,691 |
| Chandigarh | 13 | 13 |
| Chhattisgarh | 18,769 | 18,769 |
| Dadar and Nagar Haveli | 69 | 69 |
| Daman and Diu | 26 | 26 |
| Goa | 365 | 365 |
| Gujarat | 18,261 | 18,261 |
| Haryana | 6,908 | 6,908 |
| Himachal Pradesh | 15,921 | 15,921 |
| Jammu and Kashmir | 7,263 | 7,263 |
| Jharkhand | 29,564 | 29,564 |
| Karnataka | 27,044 | 27,044 |
| Kerala | 2,027 | 2,027 |
| Ladakh | 302 | 302 |
| Lakshadweep | 9 | 9 |
| Madhya Pradesh | 50,228 | 50,228 |
| Maharashtra | 40,505 | 40,505 |
| Manipur | 2,556 | 2,556 |
| Meghalaya | 6,028 | 6,028 |
| Mizoram | 696 | 696 |
| Nagaland | 1,451 | 1,451 |
| Odisha | 46,785 | 46,785 |
| Puducherry | 265 | 265 |
| Punjab | 13,726 | 13,726 |
| Rajasthan | 42,860 | 42,860 |
| Sikkim | 442 | 442 |
| Tamil Nadu | 12,524 | 12,524 |
| Telangana | 14,200 | 14,200 |
| Tripura | 1,178 | 1,178 |
| Uttar Pradesh | 97,640 | 97,640 |
| Uttarakhand | 15,473 | 15,473 |
| West Bengal | 41,461 | 41,461 |
| Total | 6,03,175 | 6,03,175 |
Sources: Management Information System Reports of SBM; PRS. Note: The total number of villages is taken from Census 2011.
| Partially covered | Habitations with |
|----------------------|---------------------|
| State | |
| Total | |
| habitations | |
| Fully covered | |
| habitations | habitations |
| Andaman & Nicobar | |
| Islands | |
| 400 | 324 |
| Andhra Pradesh | 48,663 |
| Arunachal Pradesh | 7,525 |
| Assam | 88,076 |
| Bihar | 1,10,218 |
| Chhattisgarh | 74,753 |
| Goa | 347 |
| Gujarat | 35,996 |
| Haryana | 7,655 |
| Himachal Pradesh | 54,469 |
| Jammu & Kashmir | |
| (including Ladakh) | |
| 14,625 | 8,750 |
| Jharkhand | 1,20,591 |
| Karnataka | 59,774 |
| Kerala | 21,520 |
| Madhya Pradesh | 1,28,231 |
| Maharashtra | 99,641 |
| Manipur | 2,976 |
| Meghalaya | 10,470 |
| Mizoram | 720 |
| Nagaland | 1,450 |
| Odisha | 1,57,013 |
| Puducherry | 266 |
| Punjab | 15,190 |
| Rajasthan | 1,21,526 |
| Sikkim | 2,337 |
| Tamil Nadu | 1,00,014 |
| Telangana | 24,597 |
| Tripura | 8,723 |
| Uttar Pradesh | 2,60,018 |
| Uttarakhand | 39,311 |
| West Bengal | 1,07,328 |
| Total | 17,24,423 |
Sources: Starred Question No. 351, Ministry of Jal Shakti, Lok Sabha; PRS. |
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